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Cancellation Policy Legal Framework:
Switzerland, EU & USA/Mexico

Switzerland

Applies to: Private Sessions & Large Events/Workshops Oxygen Gathering

1. Legal Basis

Switzerland does not have a general statutory right of withdrawal for online service bookings. The only statutory right of revocation under the Swiss Code of Obligations (Art. 40a–40e OR) applies specifically to door-to-door sales and similar unsolicited-approach situations — it does not apply to a session or event booked voluntarily through your website.

This means Swiss law grants you broad freedom of contract: you may set your own cancellation and refund terms for both a private session and a multi-day event or workshop, provided the terms are:

  • Clearly disclosed to the client/participant before they confirm their booking

  • Not abusive or in bad faith (Swiss Civil Code, Art. 2 ZGB — general good-faith principle)

  • Not misleading (Federal Act Against Unfair Competition, UWG/LCD — prohibits deceptive or unfair general terms and conditions)

2. Private Sessions

Since a session reserves a specific time slot exclusively for one client, a tiered cancellation window is the standard, legally defensible approach:

  • 48+ hours before the session: full refund or free rescheduling

  • 24–48 hours before: partial refund (e.g., 50%) or rescheduling with a small fee

  • Under 24 hours / no-show: full fee retained

  • If the practitioner cancels: full refund or free rescheduling, always offered

3. Large Events and Workshops

(e.g., retreats, group breathwork sessions)

Group events carry higher upfront costs (venue deposits, facilitator fees, catering), so a longer cancellation window with graduated refund tiers is standard and defensible:

  • 30+ days before the event: full refund, minus any non-recoverable costs already paid to third parties (e.g., non-refundable venue deposits)

  • 14–30 days before: partial refund (e.g., 50%)

  • Under 14 days / no-show: no refund

  • If the organizer cancels or postpones: full refund or transfer to a future event date, always offered

4. Mandatory Disclosure

Regardless of the specific terms you choose, Swiss consumer-protection best practice requires that, before the booking is confirmed, the client/participant can clearly see:

  • The cancellation deadlines and associated refund percentages

  • How to cancel (email, phone, booking platform)

  • How long refunds take to process

5.  Private Sessions

At Oxygen Gathering, each session is reserved exclusively for you.

Because appointment times are limited, the following cancellation terms apply:

  • 48 hours or more before your session: full refund or free rescheduling

  • Between 24 and 48 hours before: 50% refund

  • Less than 24 hours before, or no-show: the full session fee is retained

  • If we need to cancel your session, you will always be offered a full refund or free rescheduling

6. Events and Workshops

Because places at our events are limited and involve advance costs for venues and facilitators, the following cancellation terms apply unless a specific event page states otherwise:

  • 30 or more days before the event: full refund, minus any non-recoverable costs already incurred

  • Between 14 and 30 days before: 50% refund

  • Less than 14 days before, or no-show: no refund

  • If we cancel or postpone an event, you will be offered a full refund or the option to transfer to a future date

European Union

Applies to: Private Sessions & Large Events/Workshops 

1. Legal Basis

EU Consumer Rights Directive 2011/83/EU, Article 16(l): services tied to a specific date or period of performance — explicitly including leisure-type activities — are exempted from the standard 14-day right of withdrawal that applies to online product purchases. This was confirmed by the Court of Justice of the EU (Case C-96/21, 2022), which held that once a provider reserves a specific time slot or date for a client, the risk of that reserved capacity going unused would otherwise unfairly shift onto the provider.

This exemption covers both:

  • A private session booked for a specific date/time, and

  • A multi-day event, retreat, or workshop booked for specific dates — since these clearly qualify as leisure/wellness activities tied to a set period.

What this means practically: you are not legally required to offer the standard 14-day cooling-off period for either type of booking. However, your own cancellation terms must still be:

  • Clearly disclosed before the client/participant confirms their booking

  • Fair and proportionate (Unfair Contract Terms Directive 93/13/EEC prohibits terms that create a “significant imbalance” to the consumer’s detriment — e.g., a 100% no-refund policy for a cancellation made weeks in advance could be challenged as disproportionate)

2. Private Sessions (e.g., Somatic Fascia release, Breath work 121, Sound bath)

Recommended tiered structure:

  • 48+ hours before the session: full refund or free rescheduling

  • 24–48 hours before: partial refund (e.g., 50%) or rescheduling with a small fee

  • Under 24 hours / no-show: full fee retained

  • If the practitioner cancels: full refund or free rescheduling, always offered

3. Large Events and Workshops (e.g., retreats, group breathwork sessions)

Recommended tiered structure, reflecting higher upfront costs for group events:

  • 30+ days before the event: full refund, minus any non-recoverable costs already paid to third parties (e.g., non-refundable venue deposits)

  • 14–30 days before: partial refund (e.g., 50%)

  • Under 14 days / no-show: no refund

  • If the organizer cancels or postpones: full refund or transfer to a future event date, always offered

4. Mandatory Disclosure

Before the client/participant confirms their booking, they must be able to clearly see:

  • The cancellation deadlines and associated refund percentages

  • How to cancel (email, phone, booking platform)

  • How long refunds take to process

  • Confirmation that they acknowledge this policy at the time of booking (e.g., a checkbox or clear statement next to “Confirm booking”)

5.  — Private Sessions

In accordance with EU consumer regulations for time-bound personal services, and because your session reserves a specific time slot exclusively for you, the standard 14-day right of withdrawal does not apply. Instead, the following terms apply:

  • 48 hours or more before your session: full refund or free rescheduling

  • Between 24 and 48 hours before: 50% refund

  • Less than 24 hours before, or no-show: the full session fee is retained

  • If we need to cancel your session, you will always be offered a full refund or free rescheduling

6.  — Events and Workshops

In accordance with EU consumer regulations for services tied to a specific date (Article 16(l) of Directive 2011/83/EU), the standard 14-day right of withdrawal does not apply to event bookings. Instead, the following terms apply unless a specific event page states otherwise:

  • 30 or more days before the event: full refund, minus any non-recoverable costs already incurred

  • Between 14 and 30 days before: 50% refund

  • Less than 14 days before, or no-show: no refund

  • If we cancel or postpone an event, you will be offered a full refund or the option to transfer to a future date

Cancellation Policy — Legal Framework (USA & Mexico)

Applies to: Private Sessions & Large Events/Workshops by Oxygen Gathering

Unlike the EU/Switzerland, US and Mexican law diverge significantly from each other here — read both sections carefully.)

PART A — United States

1. Legal Basis

There is no general federal right of withdrawal for online purchases of goods or services in the US. The FTC’s “Cooling-Off Rule” (3-day cancellation right) applies only to door-to-door sales or sales made at a temporary location away from the seller’s normal place of business (e.g., a trade show) — it explicitly does not apply to sales made online, by phone, or by mail.

What this means practically: you have broad freedom to set your own cancellation policy for both private sessions and events, whether the client is booking from any US state.

However, two important federal-level requirements apply regardless of state:

  • Truth in Advertising (FTC): whatever cancellation/refund policy you publish, you are legally required to honor it. If your policy is ambiguous or your checkout flow implies something more generous than your written terms, the FTC can hold you to the more consumer-friendly interpretation.

  • Mail/Internet/Telephone Order Rule: if you cannot deliver a booked service as scheduled (e.g., you must cancel an event), you must offer a refund or allow the client to reschedule — this applies specifically when you are the one causing the delay/cancellation.

State law layer: some states impose additional requirements (e.g., California’s Automatic Renewal Law for recurring/subscription bookings, or specific posting requirements for refund policies at checkout). Since you likely serve clients across multiple states, the safest approach is to adopt one clear, consistently disclosed policy and display it prominently before checkout — this satisfies the strictest state disclosure requirements without needing 50 different versions.

PART B — Mexico

1. Legal Basis

Mexican law is meaningfully different and more protective of the consumer than EU, Swiss, or US law in this area.

Under the Ley Federal de Protección al Consumidor (LFPC), Article 56, contracts formed through distance or electronic means (which includes online bookings) become final 5 business days after delivery of the good or signing of the contract, whichever comes later. During those 5 business days, the consumer has the right to revoke their consent without any penalty or responsibility. The provider cannot charge a cancellation fee during this period, and if the return is attributable to the provider, an additional minimum 20% bonus/compensation may apply (LFPC Arts. 56 and 92).

Important distinction from the EU: Mexican law, as currently drafted, does not contain an explicit exemption for leisure/wellness services tied to a specific date, the way the EU’s Article 16(l) does. This means that, unless your booking otherwise qualifies for a specific exception (e.g., the service has already been fully performed with the client’s prior consent), a Mexican client may have a statutory right to cancel a session or event booking within 5 business days of booking, without penalty — even if the appointment itself is scheduled further out.

What this means practically:

  • For Mexican clients, we recommend building in a minimum 5-business-day no-penalty cancellation window from the date of booking as a baseline, layered with your standard tiered policy for cancellations made closer to the session/event date.

  • Given the legal uncertainty around how this applies to time-bound wellness bookings specifically, please have a Mexican consumer-law attorney confirm whether your specific service structure qualifies for any exception before finalizing this section.

2. Private Sessions 

For US clients:

  • 48+ hours before the session: full refund or free rescheduling

  • 24–48 hours before: 50% refund

  • Under 24 hours / no-show: full fee retained

  • If we cancel: full refund or free rescheduling, always offered

For Mexican clients (additional layer):

  • Within 5 business days of booking (and before the session, if later): full refund, no penalty, per LFPC Art. 56

  • After that window, the same tiered policy as above applies

3. Large Events and Workshops — Recommended Approach

For US participants:

  • 30+ days before the event: full refund, minus any non-recoverable costs already incurred

  • 14–30 days before: 50% refund

  • Under 14 days / no-show: no refund

  • If we cancel or postpone: full refund or transfer to a future date, always offered

For Mexican participants (additional layer):

  • Within 5 business days of booking (and before the event, if later): full refund, no penalty, per LFPC Art. 56

  • After that window, the same tiered policy as above applies

4. Private Sessions (US & Mexico)

For clients booking from the United States:

  • 48 hours or more before your session: full refund or free rescheduling

  • Between 24 and 48 hours before: 50% refund

  • Less than 24 hours before, or no-show: the full session fee is retained

For clients booking from Mexico:

  • You may cancel free of charge, with no penalty, within 5 business days of your booking, in accordance with Article 56 of the Mexican Federal Consumer Protection Law (LFPC)

  • After this period, the same terms above apply

If we need to cancel your session, you will always be offered a full refund or free rescheduling.

5. Events and Workshops (US & Mexico)

For participants booking from the United States:

  • 30 or more days before the event: full refund, minus any non-recoverable costs already incurred

  • Between 14 and 30 days before: 50% refund

  • Less than 14 days before, or no-show: no refund

For participants booking from Mexico:

  • You may cancel free of charge, with no penalty, within 5 business days of your booking, in accordance with Article 56 of the Mexican Federal Consumer Protection Law (LFPC)

  • After this period, the same terms above apply

If we cancel or postpone an event, you will be offered a full refund or the option to transfer to a future date.

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