General Terms and Conditions (AGB's)
1. scope of application
These General Terms and Conditions («GTC») apply to all bookings of rooms, spa treatments, games and sports offers as well as events between customers on the one hand and Melchtal Resort AG on the other. Any existing general terms and conditions of the customer shall not apply.
2. conclusion of contract
A contract for the booking of a room, a spa treatment or the organization of an event is only concluded upon confirmation by e-mail from Melchtal Resort AG.
The customer is obliged to provide a guarantee for the costs incurred. The following guarantees apply:
- Credit card (Visa, Mastercard, etc.)
- Advance payment for one night, e.g. by bank or postal transfer
- Written guarantee from a company registered in the commercial register, domiciled in Switzerland
An offer for group reservations is explicitly designated as such and must be signed by the customer and returned to the hotel.
An individual offer from Melchtal Resort AG is valid for 2 days or 48 hours (acceptance period), a request for a group reservation has an acceptance period of 7 days. After expiry of the respective acceptance period, Melchtal Resort AG is no longer bound by the offer and is free to allocate the rooms elsewhere.
3. services and prices
The customer is obliged to pay the applicable or agreed prices for the room rental and the other services used by him (restaurant, spa, use of sports facilities, etc.). This also applies to services and expenses of Melchtal Resort AG towards third parties (external partners, suppliers) arranged by the customer.
4. room handover and return
Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival at the latest. The customer is not entitled to occupy the room earlier.
On the agreed day of departure, the rooms must be vacated by 11.00 a.m. at the latest. After this time, Melchtal Resort AG may charge 50% of the full accommodation price (list price) for the late vacating of the room until 6.00 p.m., and 100% from 6.00 p.m. onwards.
5. payment
Invoices of Melchtal Resort AG without a due date are payable without deduction within 10 days of receipt of the invoice. Melchtal Resort AG is entitled to declare accrued receivables due at any time and to demand immediate payment.
6 Cancellation conditions
6.1 Cancellation conditions for individual reservations (vacation apartment, suite, room)
Individual reservations are considered definitive once the offer has been confirmed by Melchtal Resort AG.
If the customer cancels, the following costs shall be charged to the customer:
- Cancellation up to 91 days before the start of the service period: 10 % of the booking amount
- Cancellation between 90 and 31 days before the start of the service period: 60 % of the booking amount
- Cancellation between 30 and 14 days before the start of the service period: 75 % of the booking amount
- later cancelation and “no shows”: 100% of the booking amount
6.2 Cancellation conditions for groups (vacation apartment, suite, room)
In the case of group bookings, the cancellation conditions specified in Section 6.1 above shall apply.
Notwithstanding the above cancellation conditions, the booking can be reduced by one room up to 14 days before the start of the service period.
6.3 Cancellation conditions for events
If the customer cancels, the following costs shall be charged to the customer:
- Cancellation up to 30 days before the event date: no costs
- Cancellation up to 21 days before the event date: 50 % of the booking amount
- Cancellation up to 14 days before the event date: 70 % of the booking amount
- later cancelation and “no shows”: 100% of the booking amount
7. resignation of Melchtal Resort AG
If the customer does not provide a guarantee in the form of a credit card etc. (see section 2 above), Melchtal Resort AG may withdraw from the contract.
Furthermore, Melchtal Resort AG is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
- force majeure or other circumstances for which Melchtal Resort AG is not responsible make it impossible to fulfill the contract.
- rooms or events are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose.
- Melchtal Resort AG has reasonable grounds to believe that the use of the service may jeopardize the smooth running of the business, the safety or the public image of Melchtal Resort AG.
In the event of justified withdrawal by Melchtal Resort AG, the customer is not entitled to compensation.
8 Liability / Duty of care
a) General liability
The rooms and facilities are to be used by the customer with the usual care. The customer must pay for any damage to the room and facilities caused intentionally or through negligence. Melchtal Resort AG declines all liability for theft etc. and in relation to third-party services. In addition, Melchtal Resort AG is only liable for intentional or grossly negligent contractual or non-contractual direct damage. Any further liability is excluded.
b) Liability for pool and spa facilities
The customer is entitled to use the indoor pool and the spa facilities of Melchtal Resort AG, insofar as this has been agreed in the respective contractual relationship. Melchtal Resort AG points out that the facilities are not monitored by a supervisor. Their use is therefore at your own risk. Children must be supervised by their legal guardians. Running in the wet area and jumping into the pool are prohibited.
9. final provisions
In addition to these GTC, other provisions and booking conditions may apply which take precedence over the GTC. Amendments or additions to the accepted offer or these GTC must be made in writing. Unilateral amendments or additions by the customer are invalid.
The place of performance and payment is Kerns OW.
Swiss law shall apply with Kerns OW as the exclusive place of jurisdiction, unless other mandatory places of jurisdiction exist. The applicability of the Vienna Sales Convention (CISG) is excluded.
Should individual provisions of these General Terms and Conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.
Melchtal Resort AG, Melchtal OW, May 2024
