1. Introduction

The operations of TOM BENZON in Europe are managed by TOM BENZON Gesellschaft für Travel und Lifestyle mbH, Krogerstrasse 2, 60313 Frankfurt/Main, Germany, Registration Number HRB103113 Amtsgericht Frankfurt/Main and its subsidiaries (“TOM BENZON” “we” “our” “us”). TOM BENZON provides an online platform and various tools, services, and functions available through its platform (the “TOM BENZON Platform”) which enable property owners and property managers to list their property and enabling Guests to select properties and interact with property owners and property managers listing their property (together the “Services”). Services are provided through the site www.TomBenzon.com or TOM BENZON Group’s platforms or systems, and also via mobile applications (for mobile phone, tablet and other devices or interfaces) (collectively, the "Site"). Booking payments conducted through the Site (the “Payment Services”) are handled by third party payment providers and/or TOM BENZON, or by other TOM BENZON Group (as defined below) affiliates depending on the currency (“TOM BENZON Payments”) provided along with third-party payment services providers. For the purposes of convenience of definition (but not otherwise) where we use the term “TOM BENZON Group” in these terms and conditions we are referring to TOM BENZON and each of their subsidiary and affiliate companies.

These terms and conditions (the “T&Cs”) govern the relationship between TOM BENZON and any individual using or accessing the Site and any of the content or services available through it as a guest or potential guest, and who is not using it in his/her/its capacity as a property owner or property manager (each, a “Guest” or “you”). Guests include people who use the Site to access information about and to book properties, whether for business or leisure purposes, from property owners or property managers. Bookings of holiday rental properties through the Site are governed by these T&C’s.

A Guest’s use of the Services is governed by the TOM BENZON terms and conditions and channels through which the booking is finalised (and not necessarily the Site on which the Property was originally listed). If there are any conflicts between the terms and conditions of the Site you found the Property on and the terms and conditions of the Site you finalise a booking through, these TOM BENZON terms and conditions will govern and prevail. If you do not fully agree to the T&Cs, you are not authorised to access or otherwise use the Site or make a booking.

TOM BENZON does not authorise anyone to use its Services unless they are able to enter into legally binding contracts. As a consequence, the Services may only be used by persons aged 18 and over.

Some sections or functionalities of the Site may be restricted to those Guests who have created an account with us and are logged into that account. TOM BENZON may allow Guests to use compatible third party authentication providers to log in or register on TOM BENZON, rather than using an email and password. Regardless of how Guest logs in, Guest is responsible for all activities that take place under its account and must safeguard the account password. Guest will immediately notify TOM BENZON of any unauthorized use of Guest's account.

TOM BENZON may revise these T&Cs from time to time for reasons such as a technical development, a change in business operations, new or amended or discontinued products or features, or due to a change in applicable laws. You will be provided with 30 days’ notice in advance of any changes to any of the terms of these T&Cs or our decision to terminate these T&Cs. We will inform you of such changes or termination via the email address you provided to TOM BENZON. You should visit this page periodically to view the most current T&Cs because they are binding on you.

TOM BENZON may ask you to provide it with personal information directly. For example, TOM BENZON may ask you to provide your contact details such as full name, telephone number and email address, in order to enable certain functionality, like your property booking. For more information about the personal data we collect and your rights, please read our Privacy Policy. If you have provided your phone number, note that, according to your local regulations, you may have a right to register on an opposition list. For example in Germany, you can register on the Robinson List.

2. The Basics

This Site is a place where Guests can view listings of, and obtain information about, properties offered for rent (“Properties”) by others, including property owners, lessees and managers, (each, a “Host” and collectively with a Guest, the “users”). We may also offer other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions with each other.

The Site acts as a venue for users to interact with each other. Rental contracts are concluded between the Guest and the Host. TOM BENZON can also act as a Host for certain Properties. You acknowledge and agree that the Guest and the Host will be responsible for performing the obligations of any such agreements, between the Guest and the Host. If TOM BENZON is not a Host and party to such agreements, is not acting as an agent on behalf of Hosts and disclaims all liability arising from any such agreements even if the Site facilitates a booking for a Property or the use of other tools, services or products, as TOM BENZON is not a party to any rental or other agreement between Guests and Hosts, and the Hosts are not considered as TOM BENZON’s service providers. TOM BENZON is not an organiser or retailer of travel packages under Directive (EU) 2015/2302. In respect of distribution of Properties on any non-TOM BENZON branded sites, TOM BENZON is not acting as a trader for the purpose of linked travel arrangements under Directive (EU) 2015/2302.

Hosts may be either individual property owners acting on a consumer to consumer basis, or property managers operating on a business to consumer basis. If TOM BENZON acts as a Host, it is acting as a property manager. If you enter into a rental agreement with an individual property owner on a consumer to consumer basis, please be aware that consumer law will not apply in relation to your contract with the individual property owner. The Host is solely responsible for determining whether or not they are operating as a consumer or a business and for any representations they make to Guests with respect to their status.

Guests are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into either on the Site or in connection with their use of the Site. Guests should please note that Hosts are responsible for and  agree to abide by all laws, rules and regulations applicable to the listing and rental of their Property and to the conduct of their rental property business. Please be aware that, even though we may not be a party to any rental transaction and, to the extent permitted by law, assume no liability for legal or regulatory compliance pertaining to any Property Listed on the Site, there may be circumstances where we are nevertheless obligated to provide information relating to any listing in order to comply with governmental or regulatory bodies investigations, litigation or administrative proceedings.

The Site is made up of Property Listings provided by Hosts and content from other third parties. Such content is the responsibility of the Host or third party creator of the content. To the extent permitted by law, we have no responsibility for such content as we are merely providing access to the content as a service to you and providing you with the facility to communicate directly with the Host to enquire about a Property and make bookings with the Host for the rental of such Property. All bookings you make are made directly with the Host and your contract will be only with the Host. Any such contract will govern your right to occupy and use the Property and may contain obligations to pay additional fees and taxes. TOM BENZON may not be a party to any such contract and, to the extent permitted by law, TOM BENZON has no liability to you for the Host’s provision of the Property. In application of the webhosting status, TOM BENZON will remove the content if it becomes aware or is put on notice that the content is illegal.

3. Property Listings and Interaction with Hosts

Please note that Hosts are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated.

If a Guest finds a Property of interest, an information request can be sent to the Host (an “Enquiry” or “Enquiries”). We may offer different email newsletters from time to time intended to enhance the services we offer. Guests have the choice whether or not to receive marketing email communications from TOM BENZON and may cancel their subscription to these email newsletters at any time, although it may take a short while for the changes in preferences to become effective.

The Guest will receive a confirmation from TOM BENZON once an Enquiry has been sent to the Host.

The Host may then communicate with the Guest directly in connection with the Enquiry and Guests and Hosts may also communicate with each other via the Site (and via other tools on the TOM BENZON Platform).

Where a Host has enabled online bookings, Guest will be able to make a booking online, which shall be approved or declined by the Host within 24 hours, except in the case where the Host has authorized instant booking. For online payment, a Guest whose booking was confirmed by the Host will be able to pay with their credit card, paypal, bank transfer or other alternative forms of payment where available through the checkout. Online credit card payments are processed through the payments gateway offered by either (1) our third party payment providers; (2) TOM BENZON Payments (supported by a third party payment service provider); or (3) in the case of some integrated Hosts, by their own third party payment providers.

The online payment service is subject to the terms and conditions of the third party payment providers. TOM BENZON has no control over or any responsibility for this service.

Hosts who accept credit card, banking or other payment information from Guests have provided undertakings to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.

Communications between Guests and Hosts using the TOM BENZON Platform must not include email addresses or phone numbers. Please be aware that any communication on the Site (or through any tools provided on the Site such as the TOM BENZON Platform) are available for review by the Guest and the Host who are a party to the communications and for viewing by TOM BENZON employees and representatives in order to comply with its obligations due to its webhosting status and to monitor for educating Guests and Hosts on how to use the TOM BENZON Platform correctly, identification of potential frauds, and ensuring compliance with the T&Cs. TOM BENZON keeps a copy of all e-mails sent and received through that service.

Hosts and Guests are solely responsible for the content of their communications between each other.

4. Rights and obligations of Tom Benzon

TOM BENZON will endeavour to reproduce accurately on the Site any photographs supplied by Host. However, Guest acknowledges that deviations from original photos can occur when scanning non-digital images, due to individual screen settings and that TOM BENZON shall have no responsibility or liability for any such deviation.

Further, you also acknowledge that Hosts and not TOM BENZON (to the extent permitted by law) are responsible for the accuracy with which the photos and descriptions depict the relevant Property.

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for the confirmation of each user's purported identity. We encourage Guests and Hosts to communicate directly with each other through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage Guests to take other reasonable measures to assure yourself of the Hosts identity and of the property and relevant details of your booking or proposed booking. You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorised users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorised person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorised person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorised access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed and that TOM BENZON will have no liability to you in any such event.

You acknowledge that TOM BENZON is not responsible for checking the identity, or for the behaviour, of Hosts or for establishing the nature, condition or existence of a Property.

TOM BENZON may where necessary (including to prevent fraudulent behaviour of a third party and in the event of a complaint, claim or potential litigation) disclose a proportionate portion of Guest`s personal information to any relevant Third Party who has requested such information in formal writing via his legal representative, a competent authority, or through a court order, subpoena, or warrant.

TOM BENZON reserves the right to transfer these T&Cs, and to assign or subcontract any or all of its rights and obligations under these T&Cs, to a third party or to any other entity belonging to the TOM BENZON Group, but will not do so in such a way as to reduce any guarantees you are given under these T&Cs.

5. Intellectual Property

All content that appears on the Site is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.

Guests are permitted to download, display or print individual pages of the Site to evidence any agreement with TOM BENZON and to retain a copy of their bookings.

Where a Guest submits to or transmits through the Site (or TOM BENZON’s Platform or systems) any content of any type, including text or images, the Guest undertakes that he/she has the legal rights to do so.

To the extent that Guests’ reviews or other content may contain trademarks or other proprietary names or marks, Guests undertake that they have the right to use such names or marks.

By submitting Content to the Site, the Guest, although retaining all their ownership rights in the Content, grants TOM BENZON and their affiliates and affiliated companies, for the duration of the legal protection of rights in the Content, and progressively for the duration of their publication on the Site or other media pursuant to this agreement, a non-exclusive, worldwide license of their intellectual property rights, including but not limited to copyright and trademark rights, in the Content for the authorised purposes as defined and set forth below. To the extent applicable and permitted by law, Guest waives moral rights or grants a non-exclusive, royalty-free, transferable, and irrevocable license to TOM BENZON Group to use Guest’s moral rights in any Content.

i) “Content” means all text, descriptions, reviews, photographs, images and any other content that the Guest submits to the Site.

ii) “Rights granted” consist of the following: a non-exclusive, royalty-free, transferable, irrevocable license for the duration of their publication of Content on the Site or other media pursuant to this agreement, to reproduce, translate, distribute, publish, publicly display and perform the Content worldwide.

iii) “Authorized Purposes” consist of reproducing, translating, distributing, publishing, publicly displaying, and performing the Content on the Site, on the websites, and in the marketing materials and efforts of TOM BENZON, their affiliates and affiliated companies for the purposes of listing, promoting, and marketing the Property themselves and on third parties’ websites, and supporting the fulfilment of the any agreements between TOM BENZON, and/or their affiliates or affiliated companies.

6. Guests’ Accounts, Communications and Reviews

Guests must provide only accurate and truthful information concerning their identity, including country of residence, in their accounts and profile pages, and any other communications on the Site, including reviews of Properties.

Messages sent via TOM BENZON’s systems should only relate to genuine booking enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse TOM BENZON’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user.

Guests who have booked through the Site may post their reviews of Hosts’ Properties (“Guest Reviews”) on the Site. The Host is given the opportunity to view Guest Reviews, and to respond to them. Host will also be given the opportunity to rate the Guest’s stay (“Host Review(s)”) and that Host Reviews will be made available to Hosts who you make contact with. Host Reviews cannot be used to exclude or discriminate against individuals. Once either the Guest or Host submit a review, the other has 14 days to submit a review. In application of the webhosting status, TOM BENZON shall remove the Content if it becomes aware or is put on notice that the Content is illegal. Further, after prior notice provided to the Guest, TOM BENZON may decline to post Contents or may remove any Content. Guests may appeal the decision to remove any Content by contacting Customer Service.

TOM BENZON otherwise expressly disclaims any liability for any Guest or Host Review, subject to its obligations pursuant to its webhosting status (for instance, deletion of content notified as being illegal). Guest acknowledges and agrees TOM BENZON may make such Host Review available to other Hosts who the Guest contacts through the Site.

Please note that TOM BENZON does not, and realistically does not have the ability to verify the accuracy or otherwise of Guest Reviews, Host Responses or Host Reviews.

TOM BENZON nevertheless requires all Guest Reviews, Host Responses, Host Reviews and other communications using TOM BENZON’s systems to conform to common content guidelines and may decline to post any of them that do not comply. TOM BENZON will not edit or otherwise modify reviews on a Guest or Host’s behalf. A Guest or Host may contact Customer Service to remove their published review. TOM BENZON will first notify the user of the reasons why the content has not been displayed or has been removed from the Site and the user may send his comments to TOM BENZON, if any. Guests may appeal the decision to remove any Content by contacting Customer Service.

Guest agrees to comply with any applicable export and/or embargo laws. Further, the Guest holds that they are not on any Government list of prohibited parties and represents that they are of the applicable legal age to contract with TOM BENZON.

TOM BENZON does not generally conduct identity checks. If Guests suspect that the Host has supplied false information, they are invited to notify TOM BENZON through the Help page.

TOM BENZON complies with its Privacy Policy. Further details can be obtained from the Privacy Policy. Guest should note, Hosts have generally authorised TOM BENZON to forward the Host’s contact details, including telephone number, to Guest in connection with a property booking. Guest may ask for these details to be supplied on production of proof of the booking; alternatively, these details may be made available to Guest through their Accounts.

7. Prohibitions

The Guest shall not directly or indirectly:

• with respect to the Site, its content, and databases comprised in the Site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;

• monitor content on the Site or TOM BENZON’s Platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or adverts for properties available for booking, or any subset of the same or which is in the business of providing services that compete with the TOM BENZON) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with TOM BENZON’s robots.txt file;

• use the Site or TOM BENZON’s Platform or systems for purposes other than those referred to in these T&Cs;

• use the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a property under a valid Listing;

• reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;

• upload or send to the Site (or TOM BENZON’s Platform or systems) any contents or programs, which on account of their size or nature, might damage TOM BENZON’s computers or networks;

• include content on the Site (or TOM BENZON’s Platform or systems) that breaches any applicable criminal or other laws, or encourages any such breach;

• use or access the Site or TOM BENZON’s Platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);

• post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;

• post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or

• refer to TOM BENZON or any member of the TOM BENZON Group in any way that might lead someone to believe that the Guest or any website is sponsored by, affiliated with, or endorsed by TOM BENZON or any member of the TOM BENZON Group.

If our automated fraud detection systems detect that your booking or account shows signs of fraud, abuse or suspicious activity, TOM BENZON may cancel any bookings associated with your name, email address or account, and close any associated accounts.

8. Right to delete content

Guests are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including Guest Reviews and communications with Hosts, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything libellous, slanderous or defamatory, anything that infringes copyright, data protection law. TOM BENZON may review any data on the Site or TOM BENZON’s Platform or systems and delete it or alter it when it is no longer accurate or up to date. Without prejudice to any other available remedies, TOM BENZON shall be entitled immediately to remove from the Site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account, without prejudice to TOM BENZON’s obligations in application of its webhosting status. The user will be promptly notified of the reasons why those measures have been taken and he may send any comments to TOM BENZON.

9. Notifications of Infringement of Intellectual Property

TOM BENZON Group respects the intellectual property rights of others and expects Guests to do the same. TOM BENZON has and enforces a policy of not permitting users to post any materials that infringe the copyrights or trademark rights of others, and under appropriate circumstances TOM BENZON will terminate the account of subscribers and account holders who are repeat infringers. Repeat postings of infringing material are cause for termination of service.

Copyright Claims. Pursuant to the Digital Millennium Copyright Act (in the US), the E-Commerce Directive (in the EU), and similar laws relating to copyrighted online content, if you believe your copyrighted work is being infringed on or through the Site, please complete and submit a written TOM BENZON Copyright Infringement Complaint Form (the “Notice”) to TOM BENZON’s Designated Copyright Agent listed below. Upon receipt of a Notice, TOM BENZON will take appropriate action, including removal of the challenged material from the Site and/or termination of the account of the TOM BENZON user in appropriate circumstances.

Please include in the Notice:

(1) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(2) Identification of the images or material that is allegedly infringing your copyrighted work or is the subject of infringing activity and that you believe should be removed, with sufficient information to enable TOM BENZON to locate the specific images or material.

(3) Your contact information, including your name, address, telephone number, and, if available, an email address at which you may be contacted.

(4) The following statement: I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(5) The following statement: The information in this Notice is accurate, and, under penalty of perjury, I declare that (choose one) (i) I am the owner or (ii) I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

(6) And a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

Deliver the Notice to TOM BENZON’s Designated Copyright Agent:

TOM BENZON GmbH, Alexandros Besparis, Copyrights, Kroegerstrasse 2, 60313 Frankfurt/Main, Germany

Email: hello@tombenzon.com

Copyright Counter Notices. If material you have posted has been taken down based on a copyright claim, you may file a Counter Notice by email or regular mail that sets forth the information specified below. You may want to seek legal counsel prior to doing so. Please include the following details:

(1) Identification of the specific content that was removed or disabled and the location that content appeared on TOM BENZON’s Site. Please provide the URL address if possible.

(2) Your name, mailing address, telephone number and email address.

(3) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which TOM BENZON may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.

(4) The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”

Sign the paper and send the written communication to the following address or email: TOM BENZON’s Designated Copyright Agent:

TOM BENZON GmbH, Alexandros Besparis, Copyrights, Kroegerstrasse 2, 60313 Frankfurt/Main, Germany

Email: hello@tombenzon.com

10. Liability of TOM BENZON

The Site is merely a venue allowing you to view Properties listed on the Site, communicate with Hosts in respect of any queries or questions you may have, or to make a booking with a Host for the rental of a Property. To the extent permitted by law we accept no liability in relation to any contract you enter into with a Host or for any Property you book, except to the extent that we collect tax information and/or Stay taxes on the Host’s behalf, nor do we, to the extent permitted by law, accept liability for the acts or omissions of any Hosts or other person(s) or party(ies) connected with the Property. For all Properties, your contract will be with the Host and their terms and conditions will apply to your booking. These terms and conditions may limit and/or exclude their liability to you and you are advised to read them carefully before making a booking.

We do not provide liability insurance protection for Hosts, property managers, or Guests; regardless of whether a user obtains insurance coverage through one of our third party providers. Guests are advised to obtain suitable travel insurance to cover their booking for the Property from a Host, including in the event they have to cancel their booking. It is the Guest’s responsibility to ensure that the insurance it purchases is adequate and appropriate for the Guest’s particular needs.

As a consumer you have certain rights (including that, for services, we will provide them using reasonable care and skill). Nothing in these T&Cs will affect your legal rights. For details information on your legal rights please visit your local advice site.

TOM BENZON, as hosting provider, will be liable in the event of TOM BENZON’s fault. TOM BENZON is liable for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but to the extent permitted by law, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these terms were entered into, both we and you knew it might happen, for example if you discussed it with us.

To the extent permitted by law TOM BENZON will not be liable, in case of any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, notably including reasonable legal fees, (“Claims”), brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; (c) any breach by you of these T&Cs; or (d) your use of the Property. TOM BENZON will promptly provide notice to you of any such Claims. If you are dissatisfied with the Site (or the TOM BENZON Platform or systems) or you do not agree with any part of these T&Cs, then your sole and exclusive remedy against TOM BENZON is to discontinue using the Site. Nothing in these T&Cs shall exclude or restrict TOM BENZON Group’s liability for death or personal injury resulting from its negligence; nor for TOM BENZON Group’s fraud or fraudulent misrepresentation.

Refunds will be processed immediately, however the timing to receive any refund will vary based on the payment method and any applicable payment system. Refunds are processed in the currency of the original payment. Any currency conversion will be done by the relevant bank using their current exchange rate which may be different to the exchange rate used when you originally paid. In addition, bank charges incurred by the Guest during the booking process or as part of the refund process may be deducted by the bank from the refunded amount and in such cases will not be refunded by TOM BENZON. For more information please read our Refund Policy.

11. Miscellaneous

These T&Cs shall be governed by the laws of Germany and subject to the non-exclusive jurisdiction of the german courts, without prejudice to the applicable law and jurisdiction of the courts where the Guest is resident (should the Guest be a consumer).

TOM BENZON recommends that you save your own copy of these T&Cs in a separate file on your device or in print-out form.

TOM BENZON’s failure to act with respect to a breach of these T&Cs by the Guest or others does not waive TOM BENZON’s right to act with respect to subsequent or similar breaches.

The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these T&Cs.

In the event of a dispute between you and TOM BENZON, you may use a conventional mediation procedure or any other alternative dispute resolution method as defined by law. Alternatively, you can also submit your disputes with TOM BENZON to the European Commission platform for online dispute resolution accessible at http://ec.europa.eu/odr.

Thank You for using our services!

Your TOM BENZON Team

(c) 2023