Terms of services

  1. Scope

The following general terms and conditions apply to contracts for the rental of the seminar / holiday home Bodhi Bhavan as well as all other services provided by the seminar house for the tenant / guest.

Amending provisions, including general terms and conditions of the tenant / guest, only apply if this has been explicitly agreed to, in writing, beforehand.

 

  1. Conclusion of the contract

The rental contract for the Bodhi Bhavan seminar / holiday home is binding if the flat rate booking fee as stated in the booking confirmation of € 250.00 was paid.

The Bodhi Bhavan seminar / holiday home is rented to the tenant / guest for the specified contract period exclusively for the use specified within the booking confirmation and may only be occupied by the maximum number of people specified in the rental contract.

 

  1. Rental period and minimum room booking

The minimum rental period is 7 nights. The standard arrival and departure day is Sunday. The rooms are available at 4:30 p.m. on the day of arrival and must be vacated by 10:30 a.m. on the day of departure. (see point arrival and departure). The minimum room booking can be found in the price overview.

 

  1. Rental price and terms of payment

All fees/prices are in euros and include the applicable VAT (see price overview on our website: www.bodhi-bhavan.com). The agreed rental price includes all flat-rate ancillary costs (e.g. for electricity, heating, water)

The rental contract is valid from the time the 250€ flat rate has been received by the Bodhi Bhavan account. Once flat rate payment has been received, a written confirmation will be sent via email.

A deposit in the amount of € 1000.00 is due 150 days before the date of arrival at Bodhi Bhavan. The remaining balance must be received by the day of arrival at the latest (in cash) or as an incoming payment to the Bodhi Bhavan account.

If the payment deadlines are not met, the lessor reserves the right to withdraw the contract agreement. Failure to pay is considered a cancellation.

 

  1. Withdrawal from conract

5.1. Cancellation by the tenant

The tenant can withdraw from the rental agreement by making a written declaration to the lessor before the start of the rental period. In the event of withdrawal, the tenant / guest agrees to forfeit the following:

  • From the day of the booking confirmation by the lessor until 151 days before the start of the rental period, the amount of the booking fee of a flat rate of € 250.00.
  • From day 150 to day 46, the amount of the booking fee (€ 250.00) + the deposit amount (€ 1,000.00) = a total of € 1250.00.
  • From the 45th day to the day of arrival 75% of the total seminar / holiday home price.
  • If you do not show up on the day of arrival, 100% of the total seminar / holiday home price.

The time of receipt of the declaration of withdrawal by the landlord is decisive. Amounts already paid will be credited.

When withdrawing from the contract the tenant can name a replacement tenant who is willing to take their place in the existing contract agreement. The lessor reserves the right to reject the entry of the third party if it appears economically and/or personally unreliable or if it contradicts the purpose of the seminar / holiday home.

If a third party enters into the lease, they and the previous tenant are jointly and severally liable to the lessor for the rental price, including the additional costs arising from the entry of the third party.

The lessor can, in good faith, rent an unused accommodation to someone else and must credit the savings accumulated against the cancellation fees thus claimed.

We encourage all parties to have seminar cancellation or travel cancellation insurance. This is then the responsibility of the tenant.

5.2. Cancellation by Bodhi Bhavan

The lessor can terminate the rental contract before, or after, the start of the rental period without notice period if the rental contract has to be terminated for one or more of the following reasons:

  • open invoices have not been paid.
  • the agreed to principles of dealing with one another as set out in the general terms and conditions are at risk.
  • The meeting violates applicable law.
  • There is an unauthorised subletting or re-letting.
  • The rental is booked with misleading or false information about essential facts, e.g. regarding the guests or the purpose of use.
  • When the lessor goes out of business.
  • Behaviour contrary to the contract to such an extent that the lessor cannot be expected to continue the contractual relationship.

The seminar / holiday home Bodhi Bhavan has to inform the guest immediately in writing of the exercise of the right of withdrawal.

In the afore mentioned cases of withdrawal, the tenant / guest has no right to compensation. In this case, the flat-rate cancellation fees in accordance with No. 5.1 are due in favor of the lessor.

 

  1. Cancellation of the contract due to extraordinary circumstances

The rental contract can be terminated by both sides if the fulfilment of the contract is made considerably more difficult, endangered or impaired as a result of unforeseen natural circumstances. e.g. fire, flood etc. Both contracting parties are released from their contractual obligations. Reimbursement will be given to the other contracting party for any services already provided.

 

  1. Arrival and departure

The tenant / guest is not entitled to the provision of certain guest rooms, unless the seminar / holiday home has confirmed the provision of certain rooms in writing.

7.1. Arrival

On the day of arrival, the lessor will make the seminar / holiday home or guest room available to the tenant / guest between 4.30 p.m. and 6.00 p.m. in a condition in accordance with the contract. If the arrival takes place after 7 p.m., the tenant should inform the landlord of this. The standard arrival day is Sunday.

A different arrival day or earlier check-in can be agreed to with the lessor and requires written confirmation. In the event of an earlier check-in before 4.30 p.m., half the daily rate will be applied.

The tenant is asked to check the inventory list in the rental property immediately after their arrival and to notify the lessor or the contact person named by, at the latest, the day following arrival.

It is strictly forbidden to remove objects from the seminar / holiday home, even if only temporarily.

7.2 Departure

On the day of departure, the tenant will hand the seminar / holiday home cleared and in good condition to the landlord by no later than 10:30 a.m. The standard departure day is Sunday.

The tenant is responsible for the following work: washing the dishes, cleaning the stove, refrigerator and dishwasher, cleaning the equipment used in the seminar house (e.g. yoga mats, exercise mats, seat cushions, etc.)

 

  1. Obligations

8.1. Tenant’s Obligations

The tenant / guest agrees to treat the rental property (holiday home, seminar house, outdoor facilities) and its inventory with precaution and care. In particular, the seminar / holiday home must be regularly ventilated and kept free of pests. On the day of departure, the seminar / holiday home must be left in a tidy condition (see tasks to be performed under 7.2.).

The seminar / holiday home may only be used by the people listed in the booking (only up to the specified maximum number). The tenant / organizer must send the lessor a full list of participants no later than 7 days before the day of arrival (a template will be provided) as well as the room occupancy requests (floor plan with room overview will be provided). Room occupancy requests can only be met with reservations. The tenant / organizer undertakes to inform the individual participants about payment conditions and cancellation conditions. Subletting and leasing the seminar / holiday home to third parties is not permitted.

Defects and damage already discovered on arrival must be reported to the lessor or the representative immediately, otherwise the tenant is liable for this damage. If damage occurs to the seminar / holiday home, its inventory or the outdoor facilities during the tenancy, the tenant is also obliged to notify the owner or the representative immediately. The tenant is liable for any consequential damage caused by not being notified in good time.

In the event of any disruptions in performance, the tenant is obliged to do everything reasonable within the scope of their legal obligation to help remedy the disruption and to keep any damage that may have occurred to a minimum.

Waste, ash, harmful liquids and the like must not be thrown or poured into kitchen sinks, sink, wash basins and toilets. The toilets must also be used completely paper-free. Small buckets with bags are located next to the toilet for disposal. If there are blockages in the sewage pipes or problems in the sewer due to non-observance of these provisions, the person responsible bears the costs of the repair.

The erection of tents, caravans or mobile homes on the property of the seminar / holiday home is strictly forbidden.

8.2. Obligations of the lessor

The tender was drawn up to the best of our knowledge. The lessor is obliged to properly provide the contractually agreed services and to maintain them during the entire rental period.

 

  1. Liability

9.1. Liability of the lessor

Claims for damages against the lessor, regardless of the legal reason, are excluded, unless the lessor is accused of intent or gross negligence or the claim for damages results from the injury of essential contractual obligations.

We are not liable for any influence on the seminar / holiday home through natural causes, customary power, water failures and storms. Likewise, there is no liability in the event of unforeseeable or unavoidable circumstances such as official orders, sudden construction sites or disruptions due to natural and local conditions. The lessor will be happy to help you solve the problems (to the best of their capability).

In the event of malfunctions or defects in the equipment and materials made available by the seminar / holiday home, the lessor will endeavour to remedy the situation immediately. There are no other claims. The possibility of withholding payments or a reduction in payment is therefore not permitted.

There is no liability for the tenant or their property for the seminar / holiday home. The tenant is therefore responsible for their own insurance cover during the stay.

Arrival and departure of the tenant / guest are at their own responsibility and liability.

The lessor excludes any liability for the type, execution and content of seminars. The seminar house is not liable for any physical or psychological damage to health.

The lessor cannot be held responsible for insects in the house or its surroundings.

9.2. Liability of the tenant / guest

The tenant / guest is liable for all damage caused by participating guests, employees or agents of the tenant / organiser or other third parties.

If it is not possible to determine who caused the damage, the renter / organiser is liable.

The tenant / organiser is obliged to take out adequate insurance for such liability cases.

 

  1. House rules

The tenants / guests are required to comply with the respective house rules, which are available in the seminar / holiday home.

The tenants / guests are particularly requested to show mutual consideration. In particular, annoying noises, in particular loud throwing doors and activities that bother the other residents due to the noise generated and impair the peace and quiet of the home, are to be avoided. Radio, television and phono equipment must be set to room volume.

 

  1. Conditions for animals/pets

The accommodation of pets of any kind is not allowed in the seminar / holiday home. If pets are brought along the seminar / holiday home will not be rented out. The downtime costs are the same as if you did not arrive.

Deviating regulations can be agreed individually with the lessor and require written confirmation. In this case, the tenant / guest is liable for the pet. Pets must not be left alone in the properties unattended. Furthermore, pets are not allowed in the bedroom beds. Animal hair and waste must be removed before departure, even if final cleaning has been ordered or is included in the rental price. In addition, any waste left by the domestic animal on the property and the surrounding area must be removed immediately.

 

  1. Smoking and fireplace use

Smoking is strictly prohibited inside the rooms. In the event of a violation, a fee of 750 euros will be charged, as the rooms have to be renovated.

Smoking outside of the seminar / holiday home is permitted in the space provided when done with utmost awareness of the fire danger.

The seminar / holiday home is equipped with a special basic oven that is connected to the heating system. The use may only be used in accordance with the operating instructions laid out or when instructed by the lessor or his representative.

 

  1. Pool and garden

Use of the entire pool area is at your own risk – we expressly point out that there is no lifeguard on site. The tenant undertakes to make every provision for the safe use of the pool area / pool for themselves / their family and their guests – this also applies in particular to children. Furthermore, children under 10 years of age and non-swimmers are obliged to use / swim in the pool with suitable swimming aids and under adult supervision. Furthermore, children older than 10 years are only allowed to stay in the pool area under adult supervision. We expressly point out that the lessor excludes any liability in this regard. The tenant undertakes to assume overall responsibility for the use of the pool and pool area, otherwise they are prohibited from using the pool and pool area. It is forbidden to jump into the pool from the edge of the pool (maximum water depth 1.3 meters). The parents are also responsible for the supervision of their children.

The large garden shows a diverse structure such as stone formations and stone terraces, fields with cultivation, fruit tree fields and much more. Many areas are impassable and or have steep slopes. It is therefore advisable to use the paths that have been laid out. Use of the gardens and lingering on the terraces is at your own risk. Parents are responsible for supervising their children.

The maintenance of the rental property is the responsibility of the owner or authorised personnel. The gardens have to be maintained regularly, which can not only be done on arrival and departure days. Pool maintenance takes place 1-2 times a week. The garden and pool maintenance does not take place at any fixed working hours. Prior notification will, therefore, not be given.

 

  1. Internet use

The lessor maintains wireless internet access in his seminar / holiday home. The lessor allows the tenant / guest to share the WLAN access to the Internet for the duration of his stay. The lessor does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. The lessor is entitled at any time to fully, partially or temporarily allow co-users for the operation of the WLAN and to restrict or exclude the tenant / guest’s access entirely, partially or temporarily.

The tenant’s attention is drawn to the fact that the WLAN only allows access to the Internet, virus protection and firewall are not available. The data traffic established using the WLAN is unencrypted. The data can therefore possibly be viewed by third parties.

The tenant is responsible for the data transmitted via the WLAN, the services used and legal transactions made.

 

  1. Catering

The lessor can recommend excellent local cooks. They specialize in preparing delicious vegetarian and vegan dishes. In consultation, you can also cater to special wishes of the participants (e.g. food allergies). The cooks work independently and are billed separately.

 

  1. Data protection

The tenant as well as their participants agree that necessary personal data will be saved, changed and / or deleted as part of the contract concluded with them. All personal data is treated with complete confidentiality.

 

  1. Conclusion

Photos and text on the website or in flyers serve as a realistic description. One hundred percent agreement with the rental property cannot be guaranteed. The lessor reserves the right to change the equipment (e.g. furniture), provided they are equivalent.

Should some or more provisions of these terms and conditions become ineffective, this does not affect the effectiveness of the remaining conditions. The ineffective regulation is to be replaced by an effective one that comes as close as possible to the economic and legal will of the contracting parties.

All changes and ancillary agreements to these general rental conditions must be made in writing to be effective

 

  1. Choice of law and place of jurisdiction

Portuguese law applies. The place of jurisdiction and performance is Portugal.