General Terms and Conditions
§ 1 SCOPE OF APPLICATION
- 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 renter with reference to his terms and conditions are hereby contradicted. General terms and conditions of the lessee shall only become subject matter of the contract insofar as they have been expressly acknowledged by the lessor.
§ 2 CONCLUSION OF THE CONTRACT
- The product descriptions on online portals and on the website of the lessor do not represent binding offers to conclude a contract. However, they represent an invitation to submit a binding offer by the tenant.
- The respective rent of the landlord applies, which is communicated on request or by offer or presentation on the website of the landlord. The rent shall be calculated at one full day's rent for each day or part thereof that the leased property is provided. 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 first case, the receipt of the declaration of acceptance shall be decisive, in the latter case, the receipt of the rental object by the Customer shall be decisive. The period for acceptance of the offer shall begin on the day following the sending of the offer by the Lessee and shall end 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 shall be considered as a rejection of the offer. In this case, the Lessee shall no longer be bound by his declaration of intent. Otherwise, the lessee is bound to his declaration of intent for a period of two (2) weeks after 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 by means of the usual keyboard and mouse functions (e.g. by using the "back" button of the browser or by using the buttons "back" and "continue"). 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 ordering process, e.g. by closing the browser window, and starting 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.
- TAhe text of the contract will be saved by the lessor and sent to the lessee in text form (e.g. by e-mail) after the lessee has sent his order, including the general terms and conditions and the cancellation policy.
- The collection date specified by the lessee in the order shall only become binding upon written confirmation by the lessor by e-mail. The rent is payable in advance for the entire rental period, unless otherwise agreed. For rental periods of more than one (1) month, the rent shall be paid in advance for the first (1st) month and by the third (3rd) working day of each month for the following 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 and the General Terms and Conditions shall be sent to the Lessee by e-mail. After completion of the order, the order data are no longer accessible via the Internet for security reasons.
- 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 obliged to check the rental object for proper function by commissioning it before the start of the planned use. If the renter finds any defects, he is obliged to report them to the lessor immediately.
- The renter can already take over the ski equipment from 3 p.m. of the previous day.
- If the lessor is responsible for the defects, he is obligated and entitled to remove defects essential to the contract at any time or to have them removed and to bear the costs incurred in doing so. During the elimination of the defect, the Lessee shall be released from the payment of the rent. If the lessor fails to remedy the defect, the lessee may demand a reduction of the rent or rescission of the contract.
- The tenant has to show an official photo ID (eg 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.
- An exchange of the rental item is possible at any time. If the renter decides for a higher / more expensive category, he has to pay the corresponding surcharge. If the renter decides for a lower / cheaper category, there will be no refund.
- With the signature on the receipt when the rental items are issued, the renter confirms the correctness of his personal data, which serve for the professional binding adjustment. The Lessee may not change the binding setting made by the Lessor on his own authority.
§ 4 LEASE PERIOD
- The rental relationship shall commence on the day on which the rental object is collected from the Lessor or the Lessor delivers the rental object. The rental relationship ends at the earliest at the end of the contractual rental period. The return of the rental object by the lessee can only take place during the business hours of the lessor at the return point provided for this purpose.
- If the leased property 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 are in any case to be agreed with the lessor and require written confirmation. A tacit extension of the rental period is excluded. The assertion of a possible damage remains reserved.
- The return of all rented items must take place 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 renter 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 at the time of taking over the rental equipment, the Renter confirms the order by his signature on the receipt. A subsequent order of the insurance is excluded.
- In case of theft, the Lessee shall report the theft to the competent security authority within twenty-four (24) hours and immediately report the theft to the Lessor.
- In case of damage to the leased property, the Lessee shall immediately return it to the Lessor.
- In case of theft, breakage or damage caused by improper use of the uninsured rental property, the Lessee shall be liable for the current value or repair costs.
- If the lessee does not take out insurance, he 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 definite period. The contractual rental period runs from the pick-up date confirmed in writing by the Lessor until the end date specified by the Lessee in the order. During the contractual rental period, an ordinary termination of the rental relationship is excluded for both contracting parties. In particular, bad weather conditions or other hindrances that are not within the Lessor's control do not entitle the Lessee 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. The landlord must be notified in writing of any termination.
- In case 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 submitted. The Lessor will refund the pro-rata rent to the Lessee from the date of issue of the medical certificate.
- If the Lessee collects the rental object late or not at all, a refund of the rent is excluded. The same applies in the event of early return of the rental property by the tenant.
§ 7 LIABILITY AND OBLIGATIONS OF THE RENTER
- The renter is responsible for the rental object for the duration of the agreed rental period, therefore he has to use it carefully according to its function and conditions of use. The Renter has to take care that the rental object (especially skis) are stored individually and separately from each other or in ski safes. At night, the rental equipment 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 period of loss of the rental object in the 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 shall be entitled to charge the Lessee for the resulting costs and loss of revenue.
- 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. Should a third party assert 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 lessor immediately in writing.
§ 8 LIABILITY AND OBLIGATIONS OF THE LESSOR
- In principle, the statutory law on liability for defects shall apply.
- The Lessee's no-fault claim for damages due to a defect in the leased property shall be excluded.
- The liability for damages of the lessor in case of breach of essential contractual obligations as well as in tort are limited to typically arising 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 charged with 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 rental object already shows a defect upon first receipt by the lessee, the lessor shall remedy the defect or replace the rental object.
§ 9 PRICES, PAYMENT, CONSEQUENCES OF DEFAULT
- All prices are quoted in the currency Euro and include the statutory value added tax. 2. the following methods of payment can be chosen: CASH, VISA and MASTERCARD
- In case of return debit note, 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 allowed to prove that the lessor has not incurred expenses in the amount of the return debit note lump sum or has incurred substantially lower expenses.
- The rent 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 revocation.
- More detailed information on the right of withdrawal can be found in the cancellation policy of the lessor, which can be viewed under the appropriate 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 the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
§ 11 ALTERNATIVE DISPUTE RESOLUTION
The EU Commission provides an internet platform for the online settlement of disputes (so-called OS 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 reached at the following link: www.ec.europa.eu/consumers/odr. The e-mail address of the Lessor is: email@example.com.
§ 12 OTHER PROVISIONS
- The contract language is german.
- Austrian law shall apply. For tenants who conclude the contract for a purpose that can be attributed predominantly neither to their commercial nor their independent professional activity (consumer), this choice of law applies only insofar as this does not deprive the tenant by mandatory provisions of the law of the state in which he has his habitual residence.
- 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 Lessee's professional or commercial activity. In the above cases, however, the Lessor shall in any case be entitled to invoke the court at the Lessee's place of business.