General Terms and Conditions

§1 Applicability, Contract Language

(1) The following general Terms and Conditions (GTC) apply to all contracts concluded between you and Orca Dreams: Platform For Mindful Living, Ayse Dayi, Laubacher Strasse 54A,14197 Berlin (Steuernummer: 24/256/00188) via this website.
(2) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

§2 Applicable Law, Mandatory Consumer Protection Regulations

The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if
(a) your abode is in Germany, or
(b) your abode is situated in a state not being member of the European Union.
In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.

§3 Conclusion of contract

(1) The presentation of the services on our website does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
(2) By clicking „Make the Payment“ button in the last step of the order process, you submit a binding offer for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation via email, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your booking by means of a separate email. Please regularly check the spam folder of your mailbox.

In cases where a preliminary interview is required to determine eligibility for the particular program, for example, the MBSR course, you will complete the enrollment form and select a date for the interview. After the interview and acceptance into the program, you may complete the booking form. By clicking the “make the payment” button in the last step of the ordering process, you make a binding offer to book the services displayed in the order summary. Immediately after submitting the order, you will receive an order confirmation, which, however, does not constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your booking by a separate e-mail. Please check the SPAM folder of your e-mail inbox regularly.

§4 Technical steps up to the conclusion of the contract and correction of input errors

To place an order, you fill out the registration form and make the payment. On the registration form, you first choose your residence as Inside Turkey or Outside Turkey. Then you may click on all the desired services. You may modify at any time the desired quantity or delete services completely by unclicking the specific box(es) or closing your browser window entirely. You will then review and agree to the AGB (Terms and Conditions) and Data Privacy Policy, choose your payment method, and enter your personal data. By clicking the „Make the Payment“ button, your declaration becomes binding in the meaning of section 3 (2) of these GTC. For certain services (i.e. Private sessions and MBSR Course and other programs that need preliminary interviews and/or confirmation of time and dates), as described in section 3.2 above, you will first complete a booking form, then when approved by Orca Dreams via email, you will complete your registration on the website as described here.

§5 Storage of the contract text

You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.

§6 Opening a customer account; Processing of your personal data

For information on the processing of your data, please read our data protection information, which you can find under the following link [. . . . . .].

§7 Payment Terms

The booking price is due immediately after placing the order. The payment of booked  services can be made via credit or debit card or bank card (we use the transmission method „SSL“ to encrypt your personal data) through our service provider Stripe.

§8 Right of Withdrawal

As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

8.1 Limitations of the right of withdrawal

In the case of a service, your right of revocation expires prematurely if your contractual partner -Orca Dreams: Platform for Mindful Living- has begun with the execution of the service with your express consent before the end of the revocation period or if you have initiated this yourself. The right of revocation expires with the provision or use of the service.

8.2 Restriction of the right of revocation for services provided on site

The revocation is only possible if the offer has not yet been used. As soon as the offer has been used, the right of withdrawal expires or the cancellation periods apply. With the purchase and the use of the service, the customer agrees to the expiration of the right of withdrawal, as of the use of the service.

§ 9 Implementation of courses and events; cancellation

(1) The courses, programs and private sessions described in the respective offers are carried out on the agreed dates. Orca Dreams holds the right to postpone both the date (day and the time) and the place for important organizational reasons. We will inform you about the changes in a timely manner in textual form. In this case, you are permitted to cancel the affected part of the service extraordinarily within 14 days of receipt of the notification. In this case, payments already rendered will be refunded on a pro rata basis without delay.

(2) When the implementation of the course or program is dependent on the number of participants, the minimum number of participants is specified in the respective offer.

If the minimum number of participants is not reached, or the service cannot be provided due to force majeure or impossibility we will inform you without undue delay that the booked course or program will not take place. In this case, any services already rendered will be refunded immediately.

(3) In the event of cancellation of a course or a program due to short-term absence of the trainer due to illness or for any other important reason, the services already provided will be refunded immediately. In the case of events consisting of several course or program dates, if a date is cancelled due to the short-term absence of the trainer due to illness or other important reason, the cancelled date will be made up for on a replacement date.

(4) If you are absent from a booked service such as courses or programs, this has no effect on your payment obligation. A claim to make up for the missed sessions does not exist in case of absence or interruption by you.

(5) The organizer is only liable for expenses beyond a refund of the course or program price (such as travel or accommodation costs) in case of intent or gross negligence on her part, but not if the cancellation of the course or program is beyond the organizer’s control (e.g. in case of illness of the course or program trainer as well as in cases of force majeure).

(6) Regarding the use of course and program rooms and objects, you must comply with the locally displayed house rules that houses the courses and programs and the instructions of the course or program trainer/teacher.

§ 10 Rescission, substitute participants

(1) As a client, you are entitled to a right of rescission from all courses, programs or private sessions under the following conditions. This does not affect your legal right of termination or withdrawal or other contractual provisions of these general terms and conditions.

(2) You can the contract free of charge up to 7 days before the start of the programs, MBSR and mindfulness courses (e.g. mindful photography) and up to 24 hrs before private sessions and meditation courses. The must be in text form (e.g. e-mail). The relevant date for meeting the deadline is the date on which we receive the notice of cancellation.

(3) In the case of a Rescission less than 7 days prior to the start regarding courses, MBSR and programs, the following provisions apply:

If you from a course or a program via rescission, we are therefore entitled to demand flat-rate compensation from you according to the following provisions:

– Cancellation up to 6 days before the start of the event 25% of the event price,

– from the 5th day to  3rd  day before the beginning of the event 50 % of the event price,

– from 3rd day to 1 day before the start of the event 75 % of the event price,

– 24 hrs before the start of the program or course 100 % of the event price.

(4) In the case of a Rescission less than 24 hours before the start regarding private sessions and meditation courses, the following provisions apply:

If you from a private session booked with the provider, we are therefore entitled to demand flat-rate compensation from you according to the following provisions:

-Cancellation up to 12 hrs before the start of the event 50% of the session price

-Cancellation from 11 hrs to start of the session 100% of the session price

(5) For courses and programs that do not require pre-interviews, if the client cannot attend, instead of cancelling and withdrawing from the contract via rescission, the client can name a substitute participant at any time before the course or program begins.

§11 Limitation of Liability, health notice

We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.
The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.

We are not liable for professional and/or private purposes and goals pursued with the completion of the respective courses or programs.

The courses, programs and private sessions are in no way a substitute for medical or psychological treatments. If necessary, we or the course instructor of the program or the trainer of the private session will ask you about physical and mental conditions that determine your suitability for the booked services and/or modify the services (e.g. movements, exercises) accordingly. We are not responsible for injuries that occur in connection with known recognizable relevant physical and mental illnesses or impairments of which you have culpably or negligently not informed us, respectively your instructor or your coach, or regarding which you have falsely answered to corresponding questions.

§12 Jurisdiction; Online and Alternative Dispute Resolution; Severability Clause

(1) If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in Berlin, Germany.
(2) The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/.

Our e-mail address is:

(3) We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).
(4) Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.

§1 Applicability, Contract Language

(1) The following general Terms and Conditions (GTC) apply to all contracts concluded between you and Orca Dreams: Platform For Mindful Living, Ayse Dayi, Laubacher Strasse 54A,14197 Berlin (Steuernummer: 24/256/00188) via this website.
(2) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

§2 Applicable Law, Mandatory Consumer Protection Regulations

The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if
“(a) your abode is in Germany, or
(b) your abode is situated in a state not being member of the European Union.”

Model withdrawal form according to
Annex 1 B to Directive 2011/83/EU

(Complete and return this form only if you wish to withdraw from the contract
To Ayşe Dayı, Orca Dreams: Platform for Mindful Living. Tel: +49 178 317 9494. Email: :
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.
“ordered on (*). . . . ./received on (*). . . . .;
name of consumer(s);
address of consumer(s);
signature of consumer(s);
(only if this form is notified on paper);”
“date

(*) complete as appropriate”

These terms and conditions have been prepared by MARS – IP Law Firm.
Last updated on May 17, 2021.

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Impressum

Impressum

Information according to § 5 TMG:

Orca Dreams: Platform For Mindful Living
Ayse Dayi
Laubacher Strasse 54A,
14197 Berlin,
Deutschland

Contact:
Telephone: +49 178 317 9494
E-Mail:

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