General Terms and Conditions
General Terms and Conditions of Sport-Alm Berwang, Sport Schwarz GmbH, Berwang 176, 6622 Berwang.
Reservations and bookings of winter sports equipment at Sport-Alm Berwang, Sport Schwarz GmbH, Berwang 176, 6622 Berwang, hereinafter referred to as "Sport-Alm", and the customer, hereinafter referred to as "customer", are concluded exclusively between the two contracting parties. The reservation and booking take place via the website www.sport-alm.at or in the rental store. The conclusion of the contract between the two mentioned contracting parties requires the agreement of the General Terms and Conditions (AGB), which are explained below:
1. Conclusion of the contract:
The rental contract is concluded exclusively between the customer and Sport-Alm.
All winter sports equipment and additional products (skis, snowboards, ski boots, snowboard boots, helmets, poles, fun sports equipment, sledges, cross-country skis, cross-country boots, etc.) that can be booked online as well as in the rental store are hereinafter collectively referred to as winter sports equipment and include all categories and age groups. Rental is exclusively subject to the following conditions.
1.1 Services of Sport-Alm - online:
We maintain a web-based reservation and booking system for the advance booking of winter sports equipment. This reservation and booking system include the presentation and bookability of winter sports equipment from our rental store. After completion of the booking process, the Sport-Alm arranges the sending of the booking confirmation to the customer via email and provides the booking confirmation additionally for download. With the printed booking confirmation, the customer can pick up the booked winter sports equipment in the rental store and pay either online or directly in the respective rental store.
1.2 Services of the Sport-Alm - Rental store:
The rental store is obliged to hand over all winter sports equipment to the customer according to the booking confirmation. If this is not possible due to a special reason, an equivalent or better sports equipment must be provided.
The rental price is to be paid in full in the rental store or online and can be settled using the available payment methods. The prices are the prices for the respective winter sports equipment shown on the Sport-Alm website and in the rental store. With the completion of the booking the customer confirms the correctness of his/her personal data, which serve for the professional adjustment of the winter sports equipment. The customer is not allowed to change the settings made by the rental store after receipt. The customer's booking becomes valid upon receipt of the booking confirmation by e-mail. For the rental store, the booking becomes valid upon receipt of the booking confirmation.
2.1 Winter sports equipment - sports equipment:
The winter sports equipment is divided into the categories "Adults", "Youth", "Children" and "Mini". Skis are also divided into "ProLine", "ComfortLine" and "StartLine". The exact selection of the brand and model of the respective winter sports equipment is made on site. The models shown (online) in the shopping cart are sample models.
All prices are inclusive of all taxes and duties applicable at the time of booking and reduced by the online discount if a discount is offered. Payment is made exclusively in Euro.
2.3. Booking fee:
Sport-Alm reserves the right to cancel a completed booking within 5 working days if a maximum number of bookings is exceeded and there is not enough material available.
2.4. Group offers:
This offer is for groups of at least 10 people, who request at least one piece of winter sports equipment (e.g. Ski Expert, Snowboard, etc.) for each person. Individual pieces of sports equipment may be excluded from the group offer. The group request must be made at least 5 working days before the first rental day. A group offer cannot be combined with other special offers and/or promotions. The graduation of discounts for group offers takes place individually depending on time and quantity. For group offers no children or youth prices can be claimed.
The Sport-Alm offers its customers payment in cash, by Maestro and credit card (VISA and MasterCard).
The customer can change the content of the booking up to 3 days before the collection of the winter sports equipment without extra charge. These changes must be made in due time and in writing to firstname.lastname@example.org.
4.2 Exceptions to the right of withdrawal:
According to the Remote and Away Businesses Act - FAGG (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) §18 Exceptions to the right of rescission paragraph 1 line 10 "Services provided in connection with leisure activities" there is no right of rescission.
Cancellation of the booking free of charge is only possible due to illness, accident, or other serious reasons. Should the reason for cancellation be an illness or similar, Sport-Alm must be informed immediately in writing and a medical certificate must be presented. Sport-Alm charges cancellation fees for other general cancellations (exceptions: illness, accident, etc.) of a booking in the amount of 20% of the total rental price.
Unfavorable weather conditions or other obstacles, which are not within the control of Sport-Alm, do not entitle to a free cancellation of the booking. The same applies if the customer returns the winter sports equipment to Sport-Alm before the end of the rental period.
In case of injury or illness of the customer during the rental period, the following regulation applies to the directly affected person upon presentation of a medical certificate: A refund of the rental price is only possible if the rental equipment is returned to Sport-Alm immediately after the injury or illness has occurred. Only that part of the rental fee will be refunded which would still be due from the date of issue of the medical certificate. No refund is possible without a medical certificate.
5. Pick up and return of the equipment:
The customer has to show an official photo identification (e.g. passport or driver's license) as well as the printed booking confirmation in the rental store and agrees that this document will be scanned into the system or if necessary a copy will be made. In case of queries/requests for official photo IDs of children and young people who testify to the age stated, the appropriate proof must be presented.
As a rule, winter sports equipment can be collected from 16.00 hours on the day before the first day of rental. However, the pick-up the day before cannot always be guaranteed and the Sport-Alm cannot be held liable for this.
The rental price of the winter equipment must be paid directly at the Sport-Alm when picking it up. The return of the winter sports equipment must take place on the last day of the agreed rental period before the end of business, but at the latest on the following day before 10:00 a.m. The customer must inform himself/herself about the business opening hours. In the event of a longer rental period, the difference between the actual rental period and the reserved or paid rental period will be charged at the advertised rental prices. These costs are to be paid directly in the rental shop. If the rented winter sports equipment is not returned on time, the customer must expect a theft report to be filed against him/her and a corresponding additional charge to be levied. The rented winter sports equipment must be returned in good condition. Place of performance is the location of the rental store where the winter sports equipment was rented. The rental equipment is deemed to be returned in good order by returning it in person at the rental store during the respective opening hours. For rentals outside of Austria, Austrian law shall be deemed agreed upon.
5.1 Availability of the winter sports equipment offered for rental:
The Sport-Alm cannot be held responsible for delays in the distribution of winter sports equipment. Likewise, the rental store cannot be held responsible for the distribution of winter sports equipment if pre-ordered material is not available and this is due to circumstances that are not within the responsibility of the rental store (e.g. accidents, delay in return by previous customers, etc.). Under these circumstances, the rental store will make every effort to provide the customer with winter sports equipment of equal or better quality.
An exchange or change of the rented winter sports equipment (e.g. ski/skis, ski/snowboard, or snowboard/skis) is free of charge once within the booked category. However, if a winter sports equipment is exchanged to a higher category, the additional charge according to the price list must be paid. No money will be refunded when exchanging to a lower category. In case of multiple exchanges or changes an additional handling fee of 5,00 € may be charged.
The customer is fully responsible for the rented winter sports equipment and must use it carefully according to its function and its area of application. If the winter sports equipment is already defective at the time of issue, the rental store can - if the defect cannot be remedied - exchange the winter sports equipment or withdraw from the contract. The transfer of the winter sports equipment to third parties is not permitted. The customer must ensure that the sports equipment is stored in such a way that confusion or theft is prevented. The rented winter sports equipment is not insured unless the customer has his own insurance. In case of breakage or damage due to improper behavior or theft due to violation of the imposed safekeeping obligations, the customer is liable for the repair costs or the current value of the rented winter sports equipment.
In principle, no insurance is included in the rental price. There is a nominal charge of 10% on the skis, which covers damage that was unavoidable. The rented winter sports equipment is, if there is no insurance of the customer (e.g. breakage, theft, damage, liability, etc.), not included in the rental price. Accident insurance etc.) is not insured. In case of improper use of the equipment, a deductible or the repair costs are to be paid. The costs for this are: €380,- Proline, €300,- Comfortline, €200,- Startline. Also, for sledges, a deductible of € 25.00 or more is included in case of improper use and resulting damage.
In case of theft, breakage and/or damage due to improper use, the customer is liable for the respective current value or repair costs. In case of theft, the customer must report the theft to the responsible police authority within 24 hours and report the theft verifiably and immediately to Sport-Alm.
8.2 Liability, material defect, etc:
Sport-Alm explicitly excludes all insurances. The rental conditions of the rental store apply.
9. Loss of sled:
Sport-Alm reserves the right to charge a deductible of € 80.00 for the loss of a sled (e.g. mix-up, theft, or other loss). In case of loss, the customer must pay the deductible directly on site in the rental store.
10. Data protection:
Personal data provided by the customer on the Sport-Alm website or at the check-in terminal of the rental store will be processed in accordance with the applicable national and European regulations (data protection), for the processing of customer inquiries or online bookings. The customer's data will not be used for marketing purposes and will not be passed on to third parties.
11. Sale in the store:
In the Shop sold articles are subject to the Austrian return right. Items will only be taken back in their original packaging, unused and with invoice. Reduced goods are generally excluded from exchange. Already used articles will not be taken back. Especially for goggles and ski goggles, only non-scratched lenses will be taken back.
12. Place of jurisdiction:
For all legal disputes in connection with online booking or direct booking in the rental store Austrian law applies exclusively. Place of jurisdiction is Innsbruck in Tirol.
Berwang, on 16.11.2020