General Terms and Conditions

 

§ 1 Scope of Application

1. Contracts concluded via this website between Treffpunkt Eurosport, Skiverleih Dinic & Schön OG, authorized managing partners: Helmut Schön, Danko Dinic, Schillerstr. 4, A-5700 Zell am See, Tel.: +43 6542 47267, E-mail: info@skirentals.at (hereinafter referred to as the “Lessor”), and third parties (hereinafter referred to as the “Lessee”) for the purpose of renting ski equipment and accessories shall be governed exclusively by the following General Terms and Conditions (GTC), unless expressly agreed otherwise in individual cases.
2. Any counter-confirmations by the Lessee referring to its own terms and conditions are hereby rejected. The Lessee’s general terms and conditions shall only become part of the contract if they have been expressly acknowledged by the Lessor.

 

§ 2 Formation of the Contract

1. The product descriptions provided by the Lessor do not constitute binding offers. They merely constitute an invitation to the Lessee to submit a binding offer.
2. The applicable rental price shall be the price quoted by the Lessor upon request or displayed on the Lessor’s website. The rental fee shall be charged as a full daily rate for each commenced day of use. Any increase of the rental price during the agreed rental period is excluded.
3. The Lessor may accept the Lessee’s offer within five (5) days either by sending a written order confirmation or by performing its contractual obligations. In the former case, receipt of the acceptance declaration shall be decisive; in the latter case, receipt of the rental equipment by the Lessee shall be decisive. The acceptance period shall commence on the day following dispatch of the offer by the Lessee and shall end upon expiry of the fifth (5th) day thereafter.
4. If the Lessor does not accept the offer within this period, the offer shall be deemed rejected. In this case, the Lessee shall no longer be bound by its declaration of intent. Otherwise, the Lessee shall be bound by its declaration of intent for a period of two (2) weeks from submission of the order by clicking the “order with obligation to pay” button. Upon written order confirmation by the Lessor, the provisions of § 6 of these GTC shall apply.
5. Input errors may be corrected using standard keyboard and mouse functions (e.g. the browser’s “back” button or the “back” and “forward” buttons). Items already placed in the shopping basket may be removed by clicking the rubbish bin icon (“delete”). Input errors may also be corrected by cancelling the order process, for example by closing the browser window, and restarting it if necessary. After clicking the “order with obligation to pay” button, corrections by the Lessee are no longer possible. However, correction requests may be submitted by e-mail or the right of withdrawal may be exercised.
6. The contract text shall be stored by the Lessor and sent to the Lessee after submission of the order, including these General Terms and Conditions and the withdrawal information, in text form (e.g. by e-mail).
7. The pick-up date specified by the Lessee shall only become binding upon written confirmation by the Lessor by e-mail. Unless otherwise agreed, the rental fee shall be payable in advance for the entire rental period. For rental periods exceeding one (1) month, the rent for the first month shall be payable in advance and the rent for subsequent months shall be payable by the third (3rd) working day of each month. Where collection is agreed, the Lessee shall collect the rental equipment from the Lessor at its own expense.
8. The contract text shall be stored on the Lessor’s internal systems. The General Terms and Conditions may be accessed at any time on the Lessor’s website. The order data and the General Terms and Conditions shall be sent to the Lessee by e-mail. For security reasons, the order data shall no longer be accessible via the internet after completion of the order.

 

§ 3 Handover of the Rental Equipment

1. The Lessee shall inspect the rental equipment for proper functionality prior to its intended use. Any defects identified must be reported to the Lessor without undue delay.
2. If the Lessor is responsible for the defects, it shall be obliged and entitled to remedy any material defects at any time or have them remedied at its own expense. During the period of defect rectification, the Lessee shall be exempt from paying the rental fee. If the defect cannot be remedied, the Lessee may request a reduction of the rental fee or termination of the contract.
3. Upon collection of the rental equipment, the Lessee must present an official photographic identification document (e.g. passport, identity card or driving licence) as well as the booking confirmation.
4. An exchange of rental equipment is possible at any time. If the Lessee chooses a higher or more expensive category, the corresponding surcharge shall be payable. If a lower or cheaper category is chosen, no refund shall be granted.
5. By signing the customer information form, the Lessee confirms the accuracy of their personal data, which is required for the correct adjustment of ski bindings. The Lessee is not permitted to alter the binding settings independently.

 

§ 4 Rental Period

1. The rental period shall commence on the day the rental equipment is collected from the Lessor or delivered by the Lessor. The rental period shall end at the earliest upon expiry of the agreed rental period. The return of the rental equipment may only take place during the Lessor’s business hours at the designated return location. At the Lessor’s request, the equipment must be returned to a different location.
2. If the rental equipment is not returned in accordance with the contract, a full daily rental fee shall be charged for each commenced day. Any extension of the rental period must be agreed with the Lessor in advance and confirmed in writing. Tacit renewal of the rental agreement pursuant to § 545 German Civil Code (BGB) is excluded. § 546a BGB shall apply accordingly, without prejudice to the assertion of further damages.
3. All rental equipment must be returned by close of business on the last day of the agreed rental period. In the event of use exceeding the agreed rental period, the Lessee shall, in addition to the agreed rental fee, pay the difference between the actual rental period and the originally agreed rental period at locally customary market rates, payable in cash on site. The Lessor reserves the right to file a criminal complaint.
4. For rentals commencing after 15:30, the rental fee shall only be charged from the following calendar day. For returns before 09:00, the current calendar day shall not be charged.

 

§ 5 Insurance Option

1. The Lessee may insure the rental equipment against damage or theft, subject to a deductible of twenty-five per cent (25%) of the market value. The cost of the insurance amounts to ten per cent (10%) of the total rental fee.
2. In the event of theft, the Lessee must report the theft to the competent authority within twenty-four (24) hours and inform the Lessor without delay.
3. In the event of damage, the Lessee must return the rental equipment to the Lessor immediately.
4. In the case of theft, breakage or damage caused by improper use of uninsured rental equipment, the Lessee shall be liable for the current value or repair costs.

 

§ 6 Termination and Withdrawal

1. The rental agreement is concluded for a fixed term. The agreed rental period runs from the pick-up date confirmed in writing by the Lessor to the end date specified by the Lessee. Ordinary termination during the agreed rental period is excluded for both parties. In particular, adverse weather conditions or other impediments beyond the Lessor’s control shall not entitle the Lessee to terminate the contract.
2. The right to extraordinary termination remains unaffected. Grounds for extraordinary termination include, in particular, illness or accident of the Lessee, or the death of a close relative or travelling companion. Termination must be notified to the Lessor in writing.
3. In the event of injury or illness of the Lessee during the rental period, a refund shall only be granted if the rental equipment is returned immediately and a medical certificate is provided. The Lessor shall refund the pro rata rental fee from the date stated on the medical certificate.
4. No refund shall be granted if the Lessee collects the rental equipment late or fails to collect it at all. The same applies in the event of early return of the rental equipment.

 

§ 7 Liability and Obligations of the Lessee

1. The Lessee shall be responsible for the rental equipment for the duration of the agreed rental period and shall use it carefully and in accordance with its intended purpose. The Lessee shall ensure that the equipment (in particular skis) is stored separately or in ski safes. Overnight, the equipment must be stored in a locked room or a locked vehicle.
2. The Lessee shall be liable for repair costs resulting from damage for which they are responsible. In the event of loss, misplacement or theft for which the Lessee is responsible, the Lessee shall be liable for the replacement value.
3. For the period during which the rental equipment is unavailable due to necessary replacement or repair caused by damage, loss or theft attributable to the Lessee, the Lessor shall be entitled to charge the Lessee for the resulting costs and loss of revenue.
4. The Lessee is not entitled to sublet the rental equipment, assign contractual rights or grant any rights whatsoever to third parties. If third parties assert rights to the rental equipment through seizure or attachment, the Lessee must immediately inform such third parties in writing of the Lessor’s ownership and notify the Lessor without delay.

 

§ 8 Liability and Obligations of the Lessor

1. The statutory warranty provisions shall apply.
2. Any strict liability claim for damages by the Lessee due to defects in the rental equipment pursuant to § 536a (1) German Civil Code (BGB) is excluded.
3. The Lessor’s liability for damages arising from breach of essential contractual obligations or tort shall be limited to foreseeable damages typical for such contracts, unless the damage is caused by gross negligence or wilful misconduct. The same applies to acts of legal representatives or vicarious agents. Liability for breach of ancillary obligations is excluded unless caused by gross negligence or wilful misconduct. These limitations shall not apply to injury to life, body or health.
4. If the rental equipment is defective upon first handover to the Lessee, the Lessor shall remedy the defect or replace the equipment.

 

§ 9 Prices, Payment, Consequences of Default

1. All prices are stated in euros and include statutory VAT.
2. The following payment methods are available:
   Payment via PayPal:
   Payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, subject to PayPal’s terms of use. The Lessee’s PayPal account shall be charged upon completion of the order.
   Cash payment:
   Payment in cash upon collection of the rental equipment.
3. In the event of returned direct debits, the Lessor shall be entitled to charge, in addition to bank fees, a flat fee of five euros (€5.00). The Lessee may prove that no such costs or significantly lower costs were incurred.

 

§ 10 Right of Withdrawal

1. Consumers are generally entitled to a right of withdrawal.
2. Further information regarding the right of withdrawal can be found in the withdrawal notice provided by the Lessor.
3. The right of withdrawal shall not apply to consumers who, at the time of conclusion of the contract, are not residents of a Member State of the European Union and whose sole residence and delivery address are outside the European Union.

 

§ 11 Miscellaneous Provisions

1. The contract language shall be German.
2. Austrian law shall apply, provided that mandatory consumer protection provisions of the country of the Lessee’s habitual residence remain unaffected.
3. For all disputes arising directly or indirectly from this contract, the Lessee may choose between the court at their place of residence and the court at the Lessor’s registered office.