GENERAL TERMS AND CONDITIONS
§ 1 SCOPE
- Contracts of SKIRENTAL “BERGLIFT”, Gasthof Berglift GmbH., Bundesstr. 252, A-5630 Bad Hofgastein, Austria, Tel +43 (0) 6432 / 85044, E-Mail: INFO@SKIGASTEIN.AT, VAT ID ATU 77190709 (hereinafter referred to as “Lessor”), which are concluded with third parties (hereinafter referred to as “Lessee”) via this website for the purpose of renting skiing equipment, are agreed only under the following General Terms and Conditions (GTC), unless otherwise agreed in detail.
- Counter-confirmations of the lessee with reference to the lessee’s terms and conditions are hereby objected to. The Lessee’s general terms and conditions of contract shall only become the subject matter of the contract insofar as they have been expressly recognized by the Lessor.
§ 2 COMING INTO EXISTENCE OF THE CONTRACT
- The product descriptions on online portals and on the website of the lessor do not constitute binding offers to conclude a contract. On the other hand, they represent an invitation to submit a binding offer by the tenant.
- The respective rent of the lessor applies, which is communicated on request or by offer or presentation on the website of the lessor. The rent is calculated for each commenced day of the surrender of the rental object with a full day’s rent. An increase of the rent during the contractual rental period is excluded.
- The Lessor may accept the Lessee’s offer within five (5) days by sending the Lessee a letter of confirmation or by fulfilling its obligations under the Contract; in the former case, the date of receipt of the letter of acceptance shall be decisive, in the latter case, the date of receipt of the leased property by the Customer. The period for acceptance of the offer begins on the day following the sending of the offer by the Lessee and ends at the end of the fifth (5th) day following the sending of the offer.
- If the lessor does not accept the offer within this period, it is considered as a rejection of the offer. In this case, the tenant is then no longer bound by his declaration of intent. Otherwise, the renter is bound to his declaration of intent for a period of two (2) weeks from sending his order by pressing the button “order with costs”. After written confirmation of the order by the lessor, the regulations according to § 6 of these GTC apply.
- In the case of online bookings, any input errors can be corrected using the usual keyboard and mouse functions (e.g. using the browser’s “back” button or the “back” and “next” buttons). Items that are already in the shopping cart can be removed from the cart by clicking on the trash can icon (“delete”). Input errors can also be corrected by aborting the order process, e.g. by closing the browser window, and starting it again from the beginning if necessary. After clicking the button “order with costs” a correction by the tenant himself is no longer possible. However, correction requests can then be transmitted by sending an e-mail or the right of withdrawal can be exercised.
- The text of the contract is stored by the lessor and sent to the lessee after sending his order incl. of the General Terms and Conditions as well as the cancellation policy in text form (e.g. by e-mail).
- The pick-up date specified by the Lessee in the order shall only become binding upon the Lessor’s written confirmation by e-mail. The rent is payable in advance for the entire rental period, unless otherwise agreed. For rental periods in excess of one (1) month, rent shall be paid in advance for the first (1st) month and by the third (3rd) business day of each month for subsequent months. In case of agreed collection, the Lessee is obliged to collect the rental object from the Lessor at his own expense.
- The text of the contract is stored on the internal systems of the lessor. The General Terms and Conditions of the Lessor can be viewed at any time on its website. The order data as well as the general terms and conditions will be sent to the renter by e-mail. After the order is completed, the order data is no longer accessible via the Internet for security reasons.
- If the tenant does not book in advance or online, he enters his data at the check-in on site and confirms the correctness of the entered data with his signature on the receipt.
§ 3 HANDOVER OF THE RENTAL OBJECT
- The lessee is obligated to check the rental object for proper functioning by commissioning it prior to the start of the planned use. If the tenant discovers defects in the process, he is obliged to notify the landlord immediately.
- The renter can take over the ski equipment already from 3 pm the day before.
- If the Lessor is responsible for the defects, he shall be obliged and entitled to remedy defects essential to the contract at any time or to have them remedied and to bear the costs incurred in doing so. During the repair of defects, the tenant is exempt from paying the rent. If the lessor fails to remedy the defect, the lessee may demand a reduction of the rent or rescission of the contract.
- When picking up the rental object, the renter must show an official photo ID (e.g. passport, ID card or driver’s license) and, in the case of an online booking, a booking confirmation or enter the data in the check-in system. The renter will receive a check-in ticket, which must be presented at the ski rental desk.
- Exchange of the rental item is possible at any time. If the tenant decides for a higher / more expensive category, he has to pay the corresponding surcharge. No refund will be given if you opt for a lower / lower priced category.
- By signing the receipt when the rental items are issued, the renter confirms the accuracy of his personal data, which is used for professional binding adjustment. The tenant may not arbitrarily change the binding setting made by the landlord.
§ 4 LEASING PERIOD
The rental relationship begins on the day on which the rental object is collected from the lessor or the lessor delivers the rental object. The lease ends at the earliest upon expiry of the contractual lease term. The return of the leased property by the Lessee can only take place during the Lessor’s business hours at the designated return point.
- If the rental object is not returned in accordance with the contract, a full day’s rent shall be paid to the lessor for each day or part thereof. Extensions of the rental period must in any case be agreed with the lessor and require written confirmation. A tacit extension of the lease is excluded. We reserve the right to assert a possible claim for damages.
- All rented items must be returned on the last day of the agreed rental period before the close of business or by 10 a.m. at the latest on the following day. In case of return after 10 a.m. of the following day, the rental price of the extended day(s) will be charged. This amount is to be paid by the tenant directly on site in cash. In addition, the landlord reserves the right to file a criminal complaint.
§ 5 INSURANCE OPTION
- The renter has the option to insure the rental property against damage or theft. The cost of this insurance is ten percent (10%) of the total rental amount. The insurance must be ordered at the time of online reservation or at the latest when taking over the rental equipment, the renter confirms the order by signing the receipt. A subsequent order of the insurance is excluded.
- In the event of theft, Lessee shall file a report with the appropriate security authority within twenty-four (24) hours and immediately report the theft to Lessor.
- In case of damage to the leased property, the Lessee shall immediately return it to the Lessor.
- In the event of theft, breakage or damage due to improper use of the uninsured rental item, the renter is liable for the current value or repair costs.
- If the renter does not take out insurance, he/she is aware that in case of damage, breakage or theft, the calculated market value of the rental material is to be compensated.
§ 6 TERMINATION, RESCISSION
- The lease runs for a certain period of time. The contractual rental period runs from the pick-up date confirmed in writing by the Lessor to the final date specified by the Lessee in the order. During the contractual rental period, ordinary termination of the rental relationship is excluded for both contracting parties. In particular, bad weather conditions or other hindrances beyond the control of the lessor do not entitle the lessor to terminate the contract.
- The right to extraordinary termination remains unaffected. Reasons for an extraordinary termination are in particular illness or accident of the tenant or also a death of close relatives or fellow travelers of the tenant. Notice of termination must be given to the landlord in writing.
- In the event of injury or illness of the tenant during the rental period, a refund of the rent is only possible if the rented items are returned to the landlord immediately and a medical certificate is also provided. The Lessor will refund the pro rata rent to the Lessee from the date of issue of the medical certificate.
- If the tenant collects the rental object late or not at all, a refund of the rent is excluded. The same applies in the event of premature return of the rental object by the tenant.
§ 7 LIABILITY AND OBLIGATIONS OF THE TENANT
- The Lessee is responsible for the rented item for the duration of the agreed rental period, and must therefore use it carefully in accordance with its function and conditions of use. The renter has to take care that the rental property (especially skis) are stored individually and separated from each other or in ski safes. At night, the rental property must be kept in a locked room or a locked vehicle.
- The renter is liable for damages to the rental object for which he is responsible with the repair costs. In the event of loss, misplacement or theft of the rental object for which he is responsible, the renter shall be liable for the replacement value.
- For the time of a breakdown of the rental object in case of necessary replacement or repair due to damage, loss, loss or theft of the rental object for which the Lessee is responsible, the Lessor is entitled to charge the Lessee for the costs and loss of sales resulting therefrom.
- The Lessee is not entitled to sublet the leased property to third parties, to assign rights arising from the contract or to grant rights of any kind to the leased property. In the event that a third party asserts rights to the leased property by seizure or attachment, the Lessee is obliged to notify the third party immediately in writing of the fact of the Lessor’s ownership and to inform the latter immediately in writing.
§ 8 LIABILITY AND OBLIGATIONS OF THE LESSOR
- In principle, the statutory liability for defects applies.
- The tenant’s no-fault claim for damages due to a defect in the rental object is excluded.
- The Lessor’s liability for damages in the event of a breach of material contractual obligations and in tort shall be limited to typically occurring and foreseeable damages, unless the Lessor is guilty of gross negligence or intent. The same applies if legal representatives or vicarious agents of the lessor act and cause damage. The liability for damages of the lessor as well as his legal representative or vicarious agent in case of breach of collateral duties is excluded, unless the lessor, his legal representatives or vicarious agents are guilty of gross negligence or intent. The limitation and exclusion of the Lessor’s liability for damages shall not apply in the event of damage to body, health or loss of life.
- If the rented item already has a defect when the tenant first takes possession of it, the landlord shall remedy the defect or replace the rented item.
§ 9 PRICES, PAYMENT, CONSEQUENCES OF DEFAULT
- All prices are quoted in the currency Euro and include the statutory sales tax. 2. the following payment methods can be chosen optionally: CASH, VISA and MASTERCARD
- In the event of return debit notes, the Lessor is entitled to charge a flat fee of five euros (€ 5.00) in addition to the fees and expenses charged by the bank. The Lessee is entitled to prove that the Lessor has not incurred expenses in the amount of the return debit note flat rate or has incurred expenses in a significantly lower amount.
- The rental fee for the agreed rental period is to be paid upon delivery of the rental items or, in the case of online reservations, payment can also be made in advance.
§ 10 RIGHT OF REVOCATION
- Consumers are generally entitled to a right of withdrawal.
- More detailed information on the right of cancellation can be found in the lessor’s cancellation policy, which can be viewed under the corresponding menu item.
- The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
§ 11 ALTERNATIVE DISPUTE RESOLUTION
The EU Commission provides an internet platform for online dispute resolution (so-called ODR platform). This ODR platform serves as a contact point for the out-of-court settlement of disputes in connection with contractual obligations arising from online purchase contracts or online service contracts. The OS platform can be accessed at the following link: www.ec.europa.eu/consumers/odr. The e-mail address of the landlord is: INFO@SKIGASTEIN.AT
§ 12 OTHER PROVISIONS
- The contract language is German.
- Austrian law shall apply. In the case of tenants who conclude the contract for a purpose which can predominantly be attributed neither to their commercial nor to their independent professional activity (consumers), this choice of law shall apply only to the extent that it does not deprive the tenant of the benefit of the law of the country in which he has his habitual residence due to mandatory provisions of the law.
- If the Lessee is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Lessor’s place of business. If the Lessee is domiciled outside the territory of Austria, the Lessor’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Lessee. In the aforementioned cases, however, the Lessor shall in any case be entitled to appeal to the court at the Lessee’s place of business.