General Terms and Conditions

1. General

1.1 Scope
These General Terms and Conditions shall apply in the version valid at the time of conclusion of the contract to all business relations between us of Marita Schaffers GmbH, Edelfingerstr. 7, 97980 Bad Mergentheim, Germany and you. Should you use conflicting General Terms and Conditions, these are hereby expressly contradicted.

1.2 Contractual Agreement
The contractual language is German an English.

1.3 Reservation requests
Reservation requests can be made by phone, e-mail, fax or directly on-site. The mere request is not yet binding and does not establish any payment obligation on your part.

1.4 Conclusion of contract with us

1.4.1 About our website
The presentation of our offers on our website is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired booking period. In the second step, you can then select the desired room. In a third step, you then enter your data including billing address and can leave a note for us. In the fourth step you can check all details (e.g. name, address, booking period, room option) once again and correct any input errors before you confirm your booking by clicking on the button "book with obligation to pay". With the booking you declare your binding contract offer. We will confirm receipt of the booking immediately. The confirmation of receipt does not constitute a binding acceptance of the booking. We are entitled to bindingly accept the contractual offer contained in the booking within two days of receipt of the booking by e-mail, fax, telephone or post. Only with the acceptance the contract is concluded.

The contract text will be saved by us and sent to you in text form (e.g. by e-mail, fax or post) after you have sent your booking to us with these General Terms and Conditions and customer information. However, you can no longer retrieve the contract text via the website after you have sent your booking. You can use the browser's print function to print out the relevant website with the contract's text.

1.4.2 Individual conclusion of the contract (e.g. by e-mail))
Alternatively, the contract is concluded individually by offer and acceptance. Unless otherwise agreed, the usual procedure is to submit an inquiry and receive a binding offer from us, which you can accept within the period specified in the offer. With the acceptance the contract is concluded. Of course, you can also book directly on-site.

A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the agreement reached.

1.5 Conclusion of contract with mes.mo GmbH (value vouchers)
We offer our value vouchers through our partner GastroGuide (operated by mes.mo GmbH, Herdweg 16, 73035 Göppingen, Germany). This is your contractual partner. You have to click on the voucher option for the booking and then be redirected to GastroGuide. The contract is then concluded according to GastroGuide as follows (German version viewable at https://www.gastroguide.de/info-pdf/wertgutscheine_agb.pdf):

§ 2 Orders

You can place orders for value vouchers directly online via the website www.gastroguide.de. Vouchers ordered through this Internet portal will be delivered only to Germany.

Orders through the website consist of the following steps:

You can choose one or more value voucher(s). After you have made your selection and entered your data, a summary of the selected value vouchers, as well as a summary of the total price, your contact details and your payment method will allow you to review the details of your order and make any necessary changes before your order is finally registered.

You can confirm your order if you expressly accept these terms and conditions.

Your order will be registered only with your last confirmation, which is done by your "third click". This "third click" corresponds to the time of registration of your bank details. However, the contract is not finalized until your bank authorizes the payment.

After mesmo reconfirms your order, we will send you a confirmation email, which summarizes all important aspects of your order. This email serves you, saved or printed, as a receipt for your order.

We therefore do not become a contractual partner, but merely provide GastroGuide with our service. In the event of the existence of a right of withdrawal concerning the value voucher, you must contact GastroGuide.


2. Performance description

2.1 General
Our hotel "DasSchaffers - Mein Wohlfühlhotel" offers you besides the accommodation in our different ultra-modern rooms also the possibility of being fed in our restaurant.

You can also book a stay in our "wellness oasis". This includes a sauna, steam baths and our Tecaldarium (relaxation room). In addition, you can also book massages with us or take advantage of a pedicure.

Of course, we can also organize your wedding, company parties and birthdays for you. So please do not hesitate to contact us.

In addition, we also offer various vacation or recreation packages that include not only accommodation in our hotel but also other services (e.g. theater visits, exhibitions). For some of these services, we act only as an intermediary and do not become your contractual partner. Therefore, we do not assume any liability for these services. Such external services are always explicitly stated in the respective offer. The packages offered by us are not package travel contracts. We are also not the tour operator for third-party services.

2.2 Performance
We are entitled to have the contract or parts of the contract performed by third parties.

2.3 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even by exercising the utmost care and for which we are not responsible (this includes in particular strikes, official or judicial orders, e.g. in the case of pandemics, and cases of incorrect or improper self-delivery despite a covering transaction to this effect) shall entitle us to postpone the performance/delivery by the duration of the impeding event.

2.4 Service/delivery time
In principle, the service and delivery times are agreed individually with you and can be found in the contract's text. Prior to performance/delivery, the contracting parties must clarify all issues relevant to the order. The service/delivery time may be extended accordingly if the prerequisites are not met.

Only insofar as therefore not expressly agreed otherwise, the performance/delivery by us takea place within 5 days. The period for performance/delivery shall commence on the day after the payment order is issued to the remitting credit institution in the case of payment in advance or on the day after conclusion of the contract in the case of payment by invoice. The period ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of performance/delivery, the period shall end on the next working day.

2.5 Change requests
If you wish to make changes to the fixed-schedule booking after the conclusion of the contract, this is only possible by a separate agreement with us. Please note that a change in the contract may also result in an adjustment of the price. We will inform you about this in advance. In addition, we may charge an additional fee of € 15.00 for the implementation of the change itself, provided that the change is not insignificant. You have the possibility to prove that we have incurred no or less damage.

2.6 Substitutes
Persons other than those named at the time of conclusion of the contract may not use the service, unless otherwise agreed with us.

2.7 Pets
The bringing of pets must be agreed separately with us. Information on the type and size of the animal must be truthfully provided in advance to determine the animal's suitability for our premises or facilities. Knowingly false information can justify an extraordinary right of cancellation. If applicable, a surcharge is to be paid for bringing pets. Please also note any legal requirements that may apply to your pet (e.g. the existence of a pet passport for the European Union). You are responsible for compliance with these requirements.

2.8 Non-utilization for room bookings
If you do not wish to make use of our firmly scheduled service after conclusion of the contract (e.g. non-arrival), our claim to remuneration shall nevertheless remain valid (including the catering portion and the fees for additional services), insofar as we cannot otherwise sell the service to third parties and we are not responsible for the non-utilization or are not at fault. In the event of such non-utilization, our saved expenses shall be offset against our claim to remuneration. Our claim to remuneration in the event of non-utilization therefore amounts in principle to:

  • In case of overnight stay without meals: 90% of the gross original price
  • For bed and breakfast: 80% of the gross original price
  • For overnight stay with half board: 70% of the gross original price
  • In case of overnight stay with full board: 60 % of the gross original price

Tourist taxes, brokered services of third parties or visitor's tax, will be charged separately or taken into account in the calculation. You have the possibility to prove that we have incurred no or less damage.

If applicable, you will be given a cancellation option for the booking that deviates from this clause. This is to be taken from the offer and then takes precedence.

A possibly existing right of withdrawal is not affected by this clause.

DThe conclusion of a travel cancellation insurance is always recommended.

2.9 Goods shipments (e.g. voucher for a massage).
P.O. Box addresses will not be delivered. We are also entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs. If you are in default with the acceptance of the ordered goods, we are also entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for delay or for non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.


3. Payment

3.1 Prices

3.1.1 General
All prices are inclusive of VAT. Payments in foreign currencies and with crossed checks are not possible. Credit card payments are only possible if this is stated explicitly in the offer. Payments by bank transfer (EC card) or cash are possible anytime.

3.1.2 Room booking
Our prices for room bookings are per room and for packages per person. The final cleaning is always included. If applicable, we have to pay the visitor's tax for you per person arriving. This is shown in our offer and must be paid by you to us. Unless otherwise stated in the offer, the fee is payable at the end of the stay.

3.1.3 Delivery of goods
In the case of deliveries of goods (e.g. vouchers), the costs for packaging and shipping, which are shown separately in each case, shall be added, unless collection by you at our place of business has been agreed.

3.2 Default of payment
You shall be in default of payment if we do not receive payment within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at a rate of 5 percentage points above the prime rate of the European Central Bank, or 9 percentage points above the prime rate of the European Central Bank in the case of legal transactions in which a consumer is not involved. If you are in default with your payments, we reserve the right to charge 2.50 € reminder fee. We reserve the right to claim damages above this amount. You shall have the option of proving that we have incurred no or lesser damage.

3.3 Right of retention
You shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.

3.4 Advance payment
We are entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee or a down payment from you upon the conclusion of the contract or at a later date. The amount of the advance payment and the payment dates can be found in our offer.


4. Right of withdrawal for consumers in distance contracts


4.1 Instructions on withdrawal for services

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Marita Schaffers GmbH, Edelfingerstr. 7, 97980 Bad Mergentheim, Germany, Phone: +49 7931 9712 0, Fax: +49 7931 9712 97, E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

- End of the withdrawal instructions -


Special information on the premature expiry of the right of withdrawal
Your right of withdrawal shall expire prematurely if we have provided the service in full and have only started to provide the service after you have given your express consent to this and you have simultaneously confirmed your knowledge that you will lose your right of withdrawal upon complete fulfillment of the contract by us.

Non-existence of the right of withdrawal
Please note that in the case of contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, motor vehicle rental, the supply of food and drink and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision, there is no right of withdrawal (§ 312g (2) No. 9 German Civil Code).


4.2 Instructions on withdrawal for goods

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Marita Schaffers GmbH, Edelfingerstr. 7, 97980 Bad Mergentheim, Germany, Phone: +49 7931 9712 0, Fax: +49 7931 9712 97, E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

- End of the withdrawal instructions -


Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs. Likewise, a right of withdrawal does not exist for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

Special notes on the premature expiry of the right of withdrawal
In the case of contracts for the delivery of sealed goods unsuitable for return for reasons of health protection or hygiene, your right of withdrawal shall expire prematurely if the seal on the goods has been removed after delivery. In the case of contracts for the delivery of audio or video recordings or computer software in sealed packaging, your right of withdrawal shall expire prematurely if the seal has been removed after delivery.


5. Your responsibility

5.1 General
You are solely responsible for the content and accuracy of the data and information you submit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By transmitting data to us, you confirm that you have complied with copyright regulations.

5.2 Indemnification
You indemnify us against all claims asserted against us by third parties due to such infringements. This also includes the reimbursement of costs of necessary legal representation.

5.3 Data backup
You are jointly responsible for backing up the information sent. We cannot be held responsible for the loss of your transmitted information, as we do not provide a general data backup guarantee.

5.4 Handling of our premises and facilities
You may not sublet the rooms and rented items. Smoking is also prohibited in our entire premises and facilities. You must also always use the premises and facilities (particularly our wellness area with sauna and swimming pool) and any equipment provided/integrated as intended and with care. The rules of use posted in our facilities and premises must always be observed. You are liable for such damage beyond normal use or wear and tear, insofar as you are responsible. Any damage caused by you or for which you are responsible must be reported immediately upon discovery.

5.5 Harassment
Any nuisance to third parties (especially neighbors) due to excessive noise must be avoided during the entire stay. The night's rest is to be observed at all times. You have to compensate us for damages caused by your misconduct (e.g. payment of fines due to a disturbance of the peace caused by you).


6. General information on renting

6.1 Deposit
We reserve the right to demand an appropriate deposit for the rental (especially for larger rental objects). The deposit serves to compensate for damage to the rental objects and/or in our premises or facilities, which we incur through your use and for which you are responsible or for which you are at fault. If a security deposit is required, payment of such deposit is a condition to the use of the premises and/or our facilities and/or rental property. The deposit or any balance thereof will be returned after settlement of our claims against you (e.g. damage to the inventory/premises). Any claims for damages beyond this are not affected by this repayment.

6.2 Rental period

6.2.1 Room booking
The rental period begins at the time of arrival (date and time) agreed upon at the conclusion of the contract, provided that you have been granted access to the rental unit (e.g. given the opportunity to hand over the keys in advance or provided with a code for the door). The rental period ends no later than 11:00 a.m. on the agreed departure date.

6.2.2 Other rental items (e.g. e-bikes)
The agreed rental period begins with collecting the rental item from us or with provision at the agreed date and time. The rental period ends with the handover/receipt of the return of the rental item to us. The return must take place by 9:00 a.m. on the agreed return date. You may incur additional costs if you return the rental object to us after 9:00 a.m..

6.3 Delayed return
The provision of § 545 BGB (German Civil Code) shall expressly not apply. If you do not leave the rental unit after expiry of the agreed period of use or if you do not return the rental object to us after expiry of the agreed period of use, we shall be entitled to demand a usage fee in the amount of the agreed rental charge for the period of withholding exceeding the contractual period. Any further claims for damages on our part shall remain unaffected. An extension of the rental period is only possible with our express consent in text form. The right to use the rental unit or the rental objects shall only extend to the agreed period of use. Continuation of use after expiry of the rental period shall not in principle lead to an extension of the rental agreement even without express objection by us.

6.4 Early return
The return of the rental unit or the rental object before the expiry of the agreed rental period shall not result in a reduction of the agreed price, unless the rental unit or the rental object can be rented to another party or in the event of extraordinary termination without notice by you for good cause.

6.5 Substitute rental objects
If the rental object cannot be provided at the time of handover, we reserve the right to provide a comparable rental object insofar as this is reasonable for you. If the rental object is destroyed through your fault or if it is foreseeable that its use will be restricted or made impossible by a circumstance for which you are responsible, we may refuse to provide replacement rental objects. Termination by you following § 543 (2) No. 1 BGB (German Civil Code) is excluded in this case.

6.6 Special feature for rental objects except for room bookings
You may only use the rental equipment in combinations approved by the manufacturer. If necessary, a handover or return protocol must be completed in full and signed when the rental object is handed over and returned. These two protocols are part of the rental agreement. You undertake to return the rental object to us at the contractually agreed time, cleaned and in a recorded condition (according to the handover protocol). If the rental object is not or insufficiently cleaned on return, the actual cleaning costs incurred will be charged in addition. If you return the rental property by mail, you must pay the shipping costs incurred.


7. Warranty

7.1 General
There are statutory warranty rights. In the event of an insignificant defect, you shall only be entitled to a reasonable reduction of the agreed remuneration for the work or purchase price, excluding the right of rescission. No warranty shall be provided for damage resulting from improper handling or use. Express reference is made to the following exclusion of liability.

7.2 Contract for work

7.2.1 Warranty claim
If the work is defective and you demand subsequent performance, we may, at our discretion, remedy the defect or produce a new work. If defects are not fixed even after at least two attempts at subsequent performance, you shall be entitled to rescission or reduction.

7.2.2 Transfer of risk
The risk of accidental loss or deterioration of the work shall not pass to you under the warranty until the work has been accepted.

7.2.3 Limitation
Warranty claims shall become statute-barred within one year after the transfer of the risk, unless it concerns the construction of a building or a work, the success of which lies in the provision of planning or monitoring services for this. In these cases, the limitation period shall be five years. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.

7.3 Contract of sale (e.g. vouchers)

7.3.1 Warranty claim
A warranty claim can only arise concerning the properties of the goods, reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (e.g. color, weight, dimension, design, scale, positioning or similar), provided that these changes are reasonable for you. Such reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact conditions with the product in each case. Possible guarantees do not affect the warranty rights. You are obliged to make the defective goods available to us for subsequent performance.

7.3.2 Warranty towards consumers
The risk of accidental loss or deterioration of the goods sold shall not pass to you until the goods are handed over. If the goods are defective, you may optionally demand subsequent performance in the form of repair or replacement within a reasonable period. We shall bear the costs for taking back the goods to be replaced.

7.3.3 Warranty towards entrepreneurs
In deviation from the statutory warranty provisions, the following shall apply to entrepreneurs: In the event of a defect, we shall, at our own discretion, provide subsequent performance in the form of rectification of the defect or new delivery. In this case, the risk of accidental loss or deterioration of the good shall already pass to you upon handover to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

7.3.4 Limitation
The statutory limitation periods apply for consumers, unless a different limitation period has been expressly agreed for used goods. If you are an entrepreneur, the warranty for used goods is excluded; for new goods, it is 1 year. Excluded from this is the right of recourse according to § 478 BGB (German Civil Code). The shortening of the limitation period expressly does not exclude liability for damages arising from injury to life, limb or health or in the case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.


8. Liability

8.1 Exclusion of liability
We as well as our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract. With respect to entrepreneurs, we shall be liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable damage typical for the contract.

8.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages arising from life, limb or health injury. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.

8.3 Theft
You are responsible for ensuring that your possessions are secured against theft or properly stowed. We merely make our premises and facilities available to you, but accept no liability for theft unless this is due to our fault. The other liability clauses are not affected by this.

8.4 Liability for third parties
If you provide third parties with access to our premises and facilities, you as our contractual partner are responsible for their conduct towards us and must compensate us for any damage caused by this third party. This does not affect the liability rules according to these General Terms and Conditions.


9. Final provisions

9.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.

9.2 Choice of law
Unless mandatory statutory provisions under your home law conflict with this, German law shall be deemed to be agreed to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.3 Consumer Dispute Resolution
The EU Commission has created an Internet platform to resolve disputes concerning contractual obligations arising from online contracts (OS platform). You can access the ODR platform at the following link: https://ec.europa.eu/consumers/odr. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

9.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.

Marita Schaffers GmbH

Edelfinger Str. 7
97980 Bad Mergentheim
Phone: +49 7931 9712 0
Fax: +49 7931 9712 97
E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Managing Director: Daniel Schaffers

Restaurant opening times:

Breakfast
Monday to Friday
7 a.m. to 10 a.m.
Saturday and Sunday
7.30 a.m. to 10.30 a.m.


Dinner
5 p.m. to 11 p.m.
(last order from kitchen 8.30 p.m)
Restaurant closed on Sunday

Restaurant guests must book in advance!
For enquiries, contact: +49 7931 9712 0

Booking request

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