GENERAL TERMS AND CONDITIONS

§ 1 SCOPE OF APPLICATION

1. 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 identification no. 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 ski equipment, are only agreed under the following General Terms and Conditions (GTC), unless otherwise agreed in detail.
2. Counter-confirmations by the tenant with reference to the tenant’s terms and conditions are hereby rejected. The tenant’s general terms and conditions shall only become part of the contract if they have been expressly recognized by the landlord.

§ 2 CONCLUSION OF THE CONTRACT

1. The product descriptions on online portals and on the Landlord’s website do not constitute binding offers to conclude a contract. They do, however, constitute an invitation to the tenant to submit a binding offer.
2. The respective rent of the landlord applies, which is communicated on request or by means of an offer or presentation on the landlord’s website. The rent shall be calculated at the rate of a full day’s rent for each day or part thereof that the rental object is made available. An increase in rent during the contractual rental period is excluded.
3. 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. The period for accepting the offer begins on the day after the tenant sends the offer and ends at the end of the fifth (5th) day following the sending of the offer.
4. If the landlord does not accept the offer within this period, this shall be deemed a rejection of the offer. In this case, the tenant is no longer bound by his declaration of intent. Otherwise, the tenant 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 provisions of § 6 of these GTC shall apply.
5. 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 shopping cart by clicking on the trash can symbol (“delete”). Input errors can also be corrected by canceling the order process, e.g. by closing the browser window, and restarting it from the beginning if necessary. After clicking on the “Order with costs” button, it is no longer possible for the tenant to make corrections. However, correction requests can then be sent by e-mail or the right of withdrawal can be exercised.
6. The text of the contract will be saved by the lessor and sent to the lessee after the order has been sent, including a copy. of the General Terms and Conditions and the revocation instructions in text form (e.g. by e-mail).
7. The collection date specified by the Hirer in the order shall only become binding upon written confirmation by the Rental Firm 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 for the first (1st) month must be paid in advance and for the following months by the third (3rd) working day of each month. If collection is agreed, the lessee is obliged to collect the rental object from the lessor at his own expense.
8. The text of the contract is stored on the landlord’s internal systems. The general terms and conditions of the landlord can be viewed at any time on his website. The order data and the General Terms and Conditions will be sent to the tenant by e-mail. Once the order has been completed, the order data is no longer accessible via the Internet for security reasons.
9. If the tenant does not book in advance or online, he/she enters his/her data at check-in on site and confirms the accuracy of the data entered by signing the receipt.

§ 3 HANDOVER OF THE RENTED PROPERTY

1. The hirer is obliged to check the rental item for proper functioning by commissioning it before the start of the planned use. If the tenant discovers any defects, he is obliged to notify the landlord immediately.
2. The hirer can take over the ski equipment from 3 p.m. the day before.
3. If the landlord is responsible for the defects, he shall be obliged and entitled to rectify or have rectified defects that are essential to the contract at any time and to bear the costs incurred in doing so. The tenant is exempt from paying the rent while the defect is being rectified. If the landlord is unable to remedy the defect, the tenant may demand a reduction in the rent or rescission of the contract.
4. The renter must present an official photo ID (e.g. passport, identity card or driver’s license) when picking up the rental object and, in the case of an online booking, a booking confirmation or enter the data in the check-in system. The renter receives a check-in ticket, which must be presented at the ski rental desk.
5. The rental object can be exchanged at any time. If the tenant opts for a higher / more expensive category, he must pay the corresponding surcharge. No refund will be made if a lower / cheaper category is chosen.
6. By signing the receipt when the rental equipment is issued, the renter confirms the accuracy of his personal data, which is used for the professional setting of the bindings. The tenant may not change the binding setting made by the landlord without authorization.

§ 4 RENTAL PERIOD

1. The tenancy begins on the day on which the rented property is collected from the landlord or the landlord delivers the rented property. The tenancy ends at the earliest on expiry of the contractual rental period. The return of the rental object by the Lessee can only take place during the Lessor’s business hours at the designated return point.
2. If the rental object is not returned in accordance with the contract, a full day’s rent must be paid to the lessor for each day or part thereof. Extensions to the rental period must always be agreed with the landlord and require written confirmation. A tacit extension of the tenancy is excluded. We reserve the right to assert claims for possible damages.
3. All rental items must be returned on the last day of the agreed rental period before close of business or by 10 a.m. at the latest on the following day. If the vehicle is returned after 10 a.m. on the following day, the rental price for the extra 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

1. The tenant has the option of insuring the rental object against damage or theft. The cost of this insurance is ten percent (10%) of the total rental amount. The insurance must be ordered when making the online reservation or at the latest when picking up the rental equipment; the renter confirms the order by signing the receipt. Subsequent ordering of insurance is excluded.
2. In the event of theft, the tenant must report the theft to the relevant security authority within twenty-four (24) hours and report the theft to the landlord immediately.
3. In the event of damage to the rental object, the tenant must return it to the landlord immediately.
4. In the event of theft, breakage or damage due to improper use of the uninsured rental item, the renter shall be liable for the current value or the repair costs.
5. If the hirer does not take out insurance, he is aware that in the event of damage, breakage or theft, the calculated market value of the rental equipment must be compensated.

§ 6 TERMINATION, WITHDRAWAL

1. The tenancy runs for a certain period of time. The contractual rental period runs from the collection date confirmed in writing by the Lessor until the end date specified by the Lessee in the order. During the contractual rental period, ordinary termination of the tenancy is excluded for both contracting parties. In particular, bad weather conditions or other hindrances beyond the landlord’s control do not entitle the tenant to terminate the contract.
2. The right to extraordinary termination remains unaffected by this. Reasons for extraordinary termination include, in particular, illness or accident of the tenant or the death of close relatives or fellow travelers of the tenant. Notice of termination must be given to the landlord in writing.
3. In the event of injury or illness of the tenant during the rental period, a refund of the rent is only possible if the rental items are returned to the landlord immediately and a medical certificate is also presented. The landlord will refund the pro rata rent to the tenant from the date of issue of the medical certificate.
4. If the tenant collects the rental object late or not at all, a refund of the rent is excluded. The same applies if the tenant returns the rental object prematurely.

§ 7 LIABILITY AND OBLIGATIONS OF THE TENANT

1. The lessee is responsible for the rental object 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 must ensure that the rental items (in particular skis) are stored individually and separately or in ski safes. At night, the rented property must be stored in a locked room or a locked vehicle.
2. The tenant shall be liable for the repair costs for any damage to the rented property for which he is responsible. In the event of loss, misplacement or theft of the rented item for which the renter is responsible, the renter shall be liable for the replacement value.
3. The Lessor shall be entitled to charge the Lessee for the costs and loss of revenue resulting from any downtime of the rented item in the event of necessary replacement or repair due to damage, loss, disappearance or theft of the rented item for which the Lessee is responsible.
4. The tenant is not entitled to sublet the rental object to third parties, to assign rights arising from the contract or to grant rights of any kind to the rental object. Should a third party assert rights to the rented property by seizure or attachment, the lessee is obliged to inform 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 LANDLORD

1. In principle, the statutory liability for defects applies.
2. The tenant’s no-fault claim for damages due to a defect in the rented property is excluded.
3. 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 landlord act and cause damage. The liability for damages of the lessor and his legal representatives or vicarious agents in the event of a breach of secondary obligations 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 bodily injury, damage to health or loss of life.
4. If the rented property already has a defect when the tenant first receives it, the landlord must remedy the defect or replace the rented property.

§ 9 PRICES, PAYMENT, CONSEQUENCES OF DEFAULT

1. All prices are quoted in euros and include statutory VAT. 2. the following payment methods can be selected: CASH, VISA and MASTERCARD
2. In the event of returned direct debits, the landlord is entitled to charge a flat fee of five euros (€5.00) in addition to the fees and expenses charged by the bank. The tenant is permitted to prove that the landlord has not incurred expenses in the amount of the return debit note flat rate or has incurred significantly lower expenses.
3. The rental fee for the agreed rental period must be paid when the rental items are handed over or, in the case of online reservations, payment can also be made in advance.

§ 10 RIGHT OF REVOCATION

1. Consumers are generally entitled to a right of withdrawal.
2. Further information on the right of revocation can be found in the landlord’s revocation policy, which can be viewed under the corresponding menu item.
3. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

§ 11 ALTERNATIVE DISPUTE RESOLUTION

The EU Commission provides an internet platform for the online settlement of disputes (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 sales contracts or online service contracts. The ODR platform can be accessed via the following link: www.ec.europa.eu/consumers/odr. The landlord’s e-mail address is: INFO@SKIGASTEIN.AT

§ 12 OTHER PROVISIONS

1. The contract language is German.
2. Austrian law shall apply. In the case of tenants who conclude the contract for a purpose that cannot be predominantly attributed to their commercial or independent professional activity (consumers), this choice of law only applies insofar as it does not deprive the tenant of the right of residence under mandatory provisions of the law of the country in which he has his habitual residence.
3. 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 registered office. 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 landlord is in any case entitled to appeal to the court at the tenant’s place of business.