CONDITIONS FOR THE “HERVIS SKI RENTAL”
(non-binding translation)

(Status: December 2018)

These conditions apply to bookings of winter sports equipment (skis, snowboards) and/or additional items (poles, helmets, etc.) made via www.hervisrent.at
The equipment is free for 1 child under 10 if at least one parent rents their equipment online at www.hervisrent.at during the same period.

1. conclusion of the contract:

1.1 Contract partner:
The rental agreement is concluded exclusively with Hervis Sport- und Modegesellschaft,
5015 Salzburg, Europastraße 3 and these “Ski Rental Conditions” apply exclusively.

1.2 Language of contract:
The contract and negotiation language is exclusively German. Should these terms and conditions also be made available in another language, this shall be for the sake of better understanding only and shall not render the foreign-language versions legally binding.

2. sports equipment:

The sports equipment is divided into different categories (Comfortclass, Masterclass, VIP-Class). The models shown in the shopping cart are sample models. The actual edition or selection takes place in the rental shop on site. For organisational reasons, it is not possible to book the models exactly.

3. prices:

All prices are inclusive of all taxes and duties applicable at the time of booking and less the discount granted for online booking. Prices may vary regionally. Special prices are only valid at the respective rental location.
Online discounts cannot be combined with any other discounts/codes.

4. booking procedure/payment by credit card:

4.1 Booking procedure:
For the booking we use a tool of our cooperation partner WINTERSTEIGER AG, A-4910 Ried im Innkreis, Dimmelstraße 9. Our cooperation partner is not involved in the operative handling of the booking process.

Please check the data you provide (size, weight, etc..) when making the reservation/booking, as we need it to set the ski binding. You will have the opportunity to do so again when you take over the skis on site.

Immediately after completion of the reservation/booking you will receive a confirmation of order or payment from us to the e-mail address you provided. Please print it out and present it in the rental shop on site.

4.2 Payment by credit card:
We would like to point out that advance bookings are only possible via payment by credit card.

5. contact us:

If you have any questions in connection with your booking, please contact the branch of your choice by telephone or e-mail. Please refer to the booking confirmation or our booking portal for the relevant data. To simplify the process, please also have your booking documents ready.

6. cancellation terms and conditions

6.1 Rescission provisions:
According to § 18 Abs 1 Z. 10 FAGG (“Services provided in connection with leisure activities”) there is no right of withdrawal.

6.2 Cancellation:
In the event of cancellation of the booking, we will charge a cancellation fee of 15% of the total price of the booking. The difference of 85% will be credited to your credit card account within 14 working days.

7. pick-up/return of equipment:

7.1 The equipment you have booked is available for collection in the shop from 15:00 on the day before the start of the rental period. Please bring a valid photo ID or payment confirmation with you.

7.2 Please return the rented equipment on the last day of the agreed period before closing time (see the notice in the ski rental shop). In case of a longer use of the equipment than agreed upon, the difference between the actually used rental period and the reserved or paid rental period will be calculated according to our price list on site and has to be paid directly. The rented equipment must always be returned in a suitable condition.

8. “Bring-In Service” subject to a charge:

If you have commissioned us with the chargeable “Bring-In-Service”, we will also deliver the rented equipment from a booking amount of EUR 115,- (including the one-time costs for the Bring-In-Service of € 15,-) to an address (e.g.: hotel) specified by you at the location of the ski rental. In order to use this service, the booking must be made at least 3 calendar days before the desired delivery date.

9. Warranty

Ski boots are adapted to the ski binding. Both components meet the safety requirements according to ISO 11088. However, a separate individual safety setting according to OSO/ÖNORM is not carried out.

10. liability:

From collection to return, you are responsible for the rented equipment and may only use it with care in accordance with its function and conditions of use. Use by third parties is not permitted.
Liability for accidents of any kind is excluded to the extent permitted by law. In particular, the Lessor shall not be liable for damage resulting from incorrect information provided by the Lessee (e.g. data relevant to the binding setting) or if the latter has caused damage to third parties.

11. obligation to pay compensation in the event of damage to the equipment:

The rented sports equipment is not insured unless you arrange this yourself. If you damage the rented equipment in such a way that we are no longer able to rent it out, we will have to charge you the current value. With a surcharge of 10% on the rental price, you can insure yourself against this risk directly on site and then no longer have to pay anything. A general deductible of EUR 150,- (Comfortclass), EUR 250,- (Masterclass), or EUR 350,- (VIP-Class) applies to theft. Furthermore, the incident must be reported immediately to the responsible security authority (police) and the rental shop must also be informed. Otherwise we have to charge you the current value of the stolen equipment.

12. place of jurisdiction:

All legal disputes in connection with or relating to online bookings via www.hervisrent.at shall be governed exclusively by Austrian law and shall be subject exclusively to the substantive and local competent courts in Austria. If you are a consumer in the sense of § 1 Abs 1 Z. 1 KSchG, the mandatory regulations in this context take precedence.

13. data protection (declaration):

Your personal data, which you provide to us in the course of the booking process (will be processed and used in accordance with the applicable national and European data protection regulations exclusively for the purpose of “ski rental” (“purpose of use”). We require your first and last name as well as your credit card details in order to process the booking process. We need to know your date of birth, height and weight so that we can correctly set the release value of the ski binding. The legal basis for the aforementioned data processing is that of Art. 6 fig. 1 lit. b) DSGVO (required for the fulfilment of the contract).
Further details can be found in the data protection declaration on our website.
The data will only be permanently stored or used for marketing or other purposes if you have expressly agreed to this. You can revoke this consent at any time by sending an e-mail to office@hervis.at with effect for the future.

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