1. Arrival/Departure/Type of accommodation

The holiday accommodation will be made available from 3:00 pm on the day of arrival. The holiday accommodation must be vacated by 10:00 am on the day of departure. Unless otherwise explicitly agreed, only the type of accommodation actually booked will be reserved. Guests will be entitled to a particular type of accommodation only if they have previously booked the type of accommodation concerned.

2. Rental and conditions of payment

The holiday accommodation will only be made available for use if the agreed rental has been paid in full in advance. Guests are not entitled to the release of accommodation for their use until they have paid the agreed rental in full. Guests must pay 40% of the agreed rental at the time of making their booking. The remaining 60% of the agreed rental must be paid no later than 40 days prior to the date of arrival. If the booking is made less than 40 days prior to the date of arrival, the full rental must be paid at the time the booking is made. If a guest is in default of payment of rental and fails to make the outstanding payment within a reasonable subsequent period of grace defined by Schlosspark Theresienhof GmbH, Schlosspark Theresienhof GmbH shall be entitled to cancel the agreement with the guest.

The costs of utility services (power and water) are not included in the agreed rental and will be separately charged on departure. Charges are based on the price list current at the time that the booking is made. Guests are required to pay a deposit of € 100 before accommodation is released for their use. Schlosspark Theresienhof GmbH is entitled to deduct all charges payable by guests from this deposit on departure.

Where an adjustment to the specified rate of Value Added Tax occurs in the period between conclusion of the rental agreement and use of the accommodation, prices and charges shall be increased accordingly. Schlosspark Theresienhof GmbH will notify guests of any corresponding increase in prices and charges without delay. Should this result in an increase in the total costs and charges payable by guests of more than 3%, these shall be entitled to cancel the agreement with Schlosspark Theresienhof GmbH within 10 calendar days of receipt of the notification free of penalty.

3. Cancellation/termination of the agreement for substantial reasons

Guests may cancel their bookings at any time. Should guests cancel without being provided with a justifiable and material reason for so doing by Schlosspark Theresienhof GmbH, Schlosspark Theresienhof GmbH reserves the right to impose charges to compensate for its loss of rental income, as follows:

• If the booking is cancelled up to 30 days prior to the agreed date of commencement of accommodation, Schlosspark Theresienhof GmbH shall be entitled to impose a charge of 10% of the agreed rental.
• If the booking is cancelled up to 14 days prior to the agreed date of commencement of accommodation, Schlosspark Theresienhof GmbH shall be entitled to impose a charge of 25% of the agreed rental.
• If the booking is cancelled up to 7 days prior to the agreed date of commencement of accommodation, Schlosspark Theresienhof GmbH shall be entitled to impose a charge of 50% of the agreed rental.
• If the booking is cancelled up to 3 days prior to the agreed date of commencement of accommodation, Schlosspark Theresienhof GmbH shall be entitled to impose a charge of 75% of the agreed rental.
• If the booking is cancelled less than 3 days prior to the date on which the accommodation is to be made available, Schlosspark Theresienhof GmbH shall be entitled to impose a charge of 90% of the agreed rental.

It shall be the obligation of the prospective tenant to demonstrate that no loss has been incurred by Schlosspark Theresienhof GmbH or that the loss is less than the charge imposed.

Both parties retain the right to terminate the agreement for substantial reasons. The corresponding legal regulations shall apply. If the substantial reason for termination involves failure to meet a contractual obligation of the agreement, termination shall only be possible if there is no redress prior to termination of an agreed period of grace or in response to a written complaint or warning. Where Schlosspark Theresienhof GmbH terminates an agreement for a substantial reason and where that substantial reason is the responsibility of the guest, Schlosspark Theresienhof GmbH shall be entitled to impose a charge - in a pro rata form if appropriate - for the loss of rental income in accordance with the above provisions relating to booking cancellation. Schlosspark Theresienhof GmbH retains the right to claim for additional and consequential losses. It shall be the obligation of the guest to demonstrate that no loss has been incurred by Schlosspark Theresienhof GmbH or that the loss is less than the charge imposed.

4. Force majeure

If the normal business operations of Schlosspark Theresienhof GmbH are disrupted for reasons outside the control of Schlosspark Theresienhof GmbH, specifically by strike, lock out or other acts of force majeure that arise from unforeseen events that are not the responsibility of Schlosspark Theresienhof GmbH, and these result in such severe disruption of operations that it is impossible for the landlord to comply with the agreement, both parties shall have the right to withdraw from the agreement. In this event, Schlosspark Theresienhof GmbH retains the right to claim a proportion of the agreed rental payment to cover any actual period of accommodation. Neither party shall have any further entitlements.

5. Subletting/assignment of entitlements

Guests are not permitted to sublet accommodation or place the rented accommodation at the disposal of third parties without the prior authorisation of Schlosspark Theresienhof GmbH. Guests are not permitted to assign any entitlements arising from the agreement to third parties without the prior authorisation of Schlosspark Theresienhof GmbH.

6. Obligations of tenants/occupancy

Guests must treat the holiday accommodation and its fixtures and fittings with all due care and attention, and act with all due consideration for other guests. The appended house regulations are an integral part of the agreement. The holiday accommodation may only be occupied by the number of persons specified in the agreement. Schlosspark Theresienhof GmbH retains the right to extraordinary cancellation of any agreement with a guest who allows more persons than the number specified in the agreement to occupy the accommodation. Children and adolescents under the age of 18 years may not be left unattended in the holiday accommodation.

7. Warranties

Where a guest has a justified reason for complaint regarding the holiday accommodation provided, the guest shall initially only be entitled to claim for redress. If no redress is forthcoming or if redress would require unreasonable outlay on the part of Schlosspark Theresienhof GmbH, the guest shall be entitled to reduce the rental payments accordingly. If the quality of the stay of a guest is significantly impaired and Schlosspark Theresienhof GmbH fails to redress the matter, the guest shall be entitled to cancel the agreement.

8. Limitations/disclaimers

Entitlements to any claims against guests and/or Schlosspark Theresienhof GmbH that arise from the agreement shall terminate after a 12 month period. This period shall commence on the date of departure specified in the agreement.

The liability of Schlosspark Theresienhof GmbH for claims relating to material or pecuniary losses shall be limited to three times the agreed rental payment. The above shall not apply if the loss is attributable to deliberate actions or gross negligence on the part of Schlosspark Theresienhof GmbH.

9. Concluding provisions

A right of set-off against entitlements owing to Schlosspark Theresienhof GmbH shall exist only where the right is not disputed by Schlosspark Theresienhof GmbH or has been legally recognised.
Place of jurisdiction shall be Bad Saarow. German law shall apply.

Schlosspark Theresienhof GmbH