General Terms and Conditions for the Seasonal Rental of Skis and Ski Boots

These General Terms and Conditions for the seasonal rental of skis and ski boots ("General Terms and Conditions") apply to contracts concluded between the dealer ("Dealer") on the one hand and the customer ("Customer") on the other hand for the rental of skis and ski boots (also referred to as "Rental Items" or individually "Rental Item") to the customer.

Specific agreements made between the dealer and the customer regarding the rental of skis and ski boots take precedence over these General Terms and Conditions. The General Terms and Conditions apply in the version valid at the time the contract is concluded.

The paid rental agreement is concluded on site in the dealer's business premises between the customer and the dealer at the customer's initiative.

1. Scope of the General Terms and Conditions, Definitions

1.1. All services provided by the dealer to customers in connection with the rental of skis and ski boots are based on these General Terms and Conditions.

1.2. Dealer: The dealer operates a business in which, in addition to sporting goods, they also offer skis and ski boots for paid rental in accordance with these General Terms and Conditions.

1.3. Customer: The customer is the renter of a rental item. The customer is a legally competent natural person who has reached the age of 18 and is a consumer within the meaning of § 1 para. 1 item 2 of the Consumer Protection Act ("KSchG"). The rental is for private use; this excludes the use of a rental item for commercial and professional activities.

1.4. Rental Agreement: A rental agreement for the rental item is concluded in accordance with these General Terms and Conditions between the dealer and the customer on site in the dealer's business premises at the customer's initiative. Therefore, the provisions of the Distance and Off-Premises Transactions Act (FAGG) do not apply to the rental agreement between the dealer and the customer.

1.5. Rental Period: Period between the handover of the rental item to the customer and the return of the rental item to the dealer, but no later than May 5th following the day of handover of the rental item.

1.6. Price Categories: The customer has the option of choosing between different price categories when selecting skis and ski boots. The classification of a rental item into a price category by the dealer depends, among other things, on the ski length and ski boot size and does not indicate specific quality criteria.

2. Rental Conditions

2.1. The rental agreement for the rental item is concluded between the dealer and the customer at the customer's initiative.

The rental agreement for the rental item is concluded between the dealer and the customer by handing over the rental item to the customer under the agreed conditions, provided that the customer has proven their identity with an official photo ID.

2.2. The customer is obliged to return the rental item at the end of the agreed rental period within the dealer's opening hours. If the item is not returned to the dealer on time, the dealer is entitled to charge an additional 30% of the rental fee and/or demand the return of the rental item. In the event of the return of the rental item after the last day of the rental period, the rental period is considered to have been exceeded.

2.3. The rental fee agreed between the dealer and the customer applies for the entire duration of the rental, regardless of external influences, weather conditions or the operation of the facilities required for the use of the sports equipment (e.g. lifts, slopes). If the customer returns the rental item to the dealer before the contractually agreed end of the rental period, they are not entitled to a refund of the agreed rental fee or a pro rata share thereof.

2.4. In the event that the customer does not wish to use the rental item themselves, they must inform the dealer of this before the conclusion of the rental agreement and provide the dealer with the personal data of the user required for the individualization (e.g. ski binding setting) of the rental item (e.g. name, address, date of birth, height, weight, sporting abilities in relation to the rental item). It is prohibited to hand over the rental item to persons other than the customer or the notified user.

2.5. Ski boots are adapted to the ski binding according to general empirical values based on the data provided by the customer or the user regarding physical characteristics and sporting abilities; ski boots and ski bindings comply with the safety requirements of ISO standard 11088. However, a separate safety-related inspection and adjustment of the rental item according to ISO/ÖNORM to the requirements of the customer or user is not carried out. If a customer's ski boot that is brought along does not meet the requirements of ISO 5355 standard, it will not be accepted.

2.6. From the time the rental item is handed over to the customer until the time it is returned to the dealer, the customer is responsible for the rental item and may only use the rental item carefully in accordance with its function and area of application, exercising due diligence. The costs for repairs (spare parts, labor, etc.) due to damage (excluding breakage) to the rental item shall be borne by the customer.

2.7. The customer is obliged to inform the dealer of any breakage, loss or theft of the rental item within 24 hours and to pay the agreed deductible within 48 hours of the notification. In addition, the customer is obliged to take all measures necessary to enforce the dealer's claims (e.g. against the insurer) within 24 hours of the dealer's first request. This also includes filing a police report in the event of loss or theft of the rental item or providing the name of any person who caused the damage and handing over the confirmation of the report to the dealer.

3. Payment Terms

3.1. Unless otherwise agreed, the rental fee for the rental item provided by the dealer to the customer is due in full for payment before the rental item is handed over.

3.2. In the event that the customer does not return the rental item to the dealer on time, the resulting claims of the dealer are to be paid upon actual return to the dealer. If the dealer does not immediately demand payment upon return, the customer must pay this within 7 days of invoicing by the dealer.

4. Liability

4.1. The dealer is not liable for the fact that the rental item rented by the customer meets the customer's personal needs and requirements or has been correctly individualized by the dealer through slight negligence (e.g. ski binding setting). The dealer is only liable for providing a rental item corresponding to the price category requested by the customer that corresponds to the state of the art.

4.2. Liability for adverse consequences and damages caused by the dealer through slight negligence, with the exception of personal injury, is excluded in any case.

4.3. Compensation for damages - with the exception of personal injury - is limited for each event causing damage to the individual injured party to the coverage amount of the dealer's liability insurance actually available for the respective occasion. If there is no liability insurance coverage, compensation for damages is limited to a maximum amount of € 10,000.00 for each event causing damage, to the extent permitted by law.

4.4. The dealer is not liable for the accuracy of product descriptions and product images used in marketing communications to promote the rental item.

4.5. If the customer provides incorrect data for themselves or another user for the individualization and selection of a rental item, any liability of the dealer is excluded in any case; the dealer has no obligation to check the data transmitted by the customer for accuracy and completeness. The dealer is only liable for adverse consequences and damages incurred by the customer due to an incorrect transmission of the personal information correctly provided by the customer (e.g. height, weight or skiing ability) if the incorrect transmission should have been obviously noticeable to the dealer.

4.6. Claims for damages must, unless there are mandatory statutory provisions to the contrary, in particular for consumers, be asserted in court within 6 months of knowledge of the damage and the damaging party, otherwise they will lapse.

4.7. The limitations or exclusions of liability also include claims against employees, bodies, representatives and vicarious agents of the dealer due to