General terms of business for accommodation
We will take every care to make your stay with us as pleasant as possible. This also includes letting you know in detail which services we provide, what we are responsible for and your liabilities to us.
There seems to be a widely-held view that booking a hotel room is a kind of "non-binding inquiry in advance" that places an obligation on the hotelier, but leaves the guest able to withdraw at any time without any sanctions. To take account of the need for information on this point and clear up any misunderstandings, the following gives a brief survey of the question of the non-utilisation or cancellation of hotel rooms that have been booked.
Please note the following general terms of business that regulate the contractual relationship between you and us and which you recognise with your booking.
1. Conclusion of contract – several liability
The contract is concluded as soon as the room(s) has/have been booked and agreed, or is/are made available if agreement is no longer possible for time reasons. As orderer, the client is jointly and severally liable for all obligations arising from this contract.
Tour and travel organisers have to make the exact list of participants available up to three weeks before arrival. If a third party concludes a contract for a guest or an orderer, both guest and orderer are jointly and severally liable.
2. Arrival and departure
Guaranteed occupancy of the room is not possible before 15.00 on the day of arrival. If the rooms are ready for occupancy then this is possible earlier, but we cannot guarantee that. Rooms are to be vacated by 11.00 on the day of departure. Staying longer (in the room) is only possible after checking with reception. There is an attractive regulation for longer stays in the building and wellness area. Late arrivals (after 18.00) are requested to notify us – if you do not show, the hotel can dispose of the room; however, this does not release from cancellation costs. Rooms may not be sub-let or passed on by the guest.
3. Services and prices
The contractual services are given in the details contained in the confirmation. Michels hotel presentations, in particular on the Internet, are not binding offers. The contract is only concluded by acceptance of the quotation/confirmation made by the hotel direct. The hotel is free to confirm the room reservation in textual form. The agreed prices are inclusive prices. Any increases in VAT after conclusion of the contract shall be charged to the client.
The hotel may require payment of 50% of the agreed price in advance. If this payment in advance is not booked to our account within two weeks of being required, we are entitled to withdraw from the contract and must inform the client of this fact immediately. Unless otherwise agreed between the partners in writing, payment shall be made on departure. If an agreement on billing by invoice has been made, the client has to pay the invoice by ten days after the invoice date, at the latest. All prices are in Euro and are to be paid at once and without deduction.
5a. Withdrawal of guest
All withdrawals must be made in writing. The date of cancellation is the arrival of the written form at Michels hotel. For individual travellers, there is no charge for cancellation up to four weeks before arrival (excluding Christmas and New Year's arrangements).
The following cancellation charges will be made for accommodation only (overnight stay without breakfast) for cancellations or changes in bookings (later arrival or earlier departure):
- between one and four weeks before arrival 50%
- from one week before arrival 80%.
Our company undertakes in good faith to let any rooms not used to others, in order to avoid deficiencies. Any cancellation expenses (only if we do not succeed in letting the room to others) will be charged and after transfer, you will receive 50% of this in the form of a credit that you can use to pay at a later date; we believe that this is a fair regulation. We recommend that you take out travel cancellation insurance, via your bank or travel agent; it is also possible that your credit card features this cover. Alternatively, you will find a link on our homepage, or we can send you the appropriate documents by post.
5b. Right of withdrawal of Michels hotel
Michels hotel is entitled to withdraw from contracts if force majeure or other circumstances make it impossible to implement the contract or unreasonably impede implementation of the contract, or can have a lasting effect on the safety or reputation of Michels hotel, provided that this is not covered for by Michels hotel and has arisen or has become known to Michels hotel after conclusion of the contract.
6a. Liability for items brought along
When Michels hotel & restaurant accommodates guests or clients of events, its liability is in accordance with §§ 701 ff. of the German Civil Code (BGB) – in other words, essentially depending on the amount, limited by 100 times the cost of accommodation for one day, at least to an amount of EUR 600.00 and at the most the amount of EUR 3,500.00. For valuables (money, securities ...) which are properly placed in the room safe, Michels hotel shall be basically liable for a maximum amount of EUR 6,000.00.
6b. General liability
The hotel's contractual partner or the guest as such or as host shall be liable to the hotel for the full extent of any damages caused by themselves or their guests. Use of the rooms made available for other purposes than those in the contract entitles the hotel to terminate the contract without notice. The right to the agreed fees shall not be reduced hereby.
The hotel reserves the right to withdraw from the contract if fulfilment of the service becomes impossible as a result of force majeure or industrial action, without any claim for compensation being derived. The hotel is liable for the correctness of the description of services in brochures, as well as for the due and proper fulfilment of the contractually agreed services. The hotel is not liable for the services of any hotels it arranges.
Bringing pets with you: the animal should be able to stay in the room during meal times by itself and without noise. Guests are responsible for blankets, feeding bowls, baskets and animal food.
Animals have no place in showers, beds and on seating. The guest is fully responsible for any damage to hotel furniture and floors. If the room temporarily cannot be let, the guest is also liable. We will charge the damage to the guest, who can then arrange the issue with his/her insurance company.
7. Special provisions for Michels VitalQuell
At the beginning of the treatment, the guest shall inform his/her care attendant of any health impairment, such as heart conditions, high blood pressure, metabolic disorders, allergies or pregnancy.
Michels hotel is not liable for any resulting, unforeseen skin and body reactions caused by cosmetics and treatment, or for allergies or other physical conditions unknown to the guest or not reported to Michels hotel, which would have been advised against from the treatment booked. Michels hotel may temporarily close the wellness and fitness rooms or change the hours of opening if repair work or similar makes this necessary.
Children may only use the fitness room and sauna facilities under supervision. VitalQuell conditions of cancellation: a treatment may be cancelled without charge up to midday of the previous day; thereafter 50% of the price of treatment is charged. If the client does not appear for treatment, 80% will be charged. In cases of late arrival for treatment, the treatment must be shortened accordingly at full charge, out of fairness to the next client.
We try to find replacements if care attendants have to withdraw at short notice. If this is not possible, any cancelled treatment will not be charged, or will be refunded in full.
8. Final provisions
- In commercial transactions, the place of performance and jurisdiction is the location of the hotel.
- Oral agreements do not become effective until the hotel has confirmed them in writing. Should individual provisions of these general terms of business be ineffective, this shall not affect the validity of the other provisions.
Schalkenmehren, January 2016
Hubert Drayer (proprietor)