Conditions for the “Hervis Ski Rental (online)”
Non binding Translation

(Status: October 2019)

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 contract
1.1 Contracting party
The rental agreement comes exclusively with the Hervis Sport- und Modegesellschaft, 
5015 Salzburg, Europastraße 3 and these “Ski Rental Conditions” apply exclusively.

1.2 Contract language
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. To read the conditions in German language please click Link zu den Bedingungen in Deutsch

2. sports equipment + equipment/availability
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. For organizational or booking reasons (availability) it may occasionally happen that you receive ski boots that do not correspond to the booked class.

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 by region. Special prices are only valid at the respective rental location.
Online discounts cannot be combined with any other discounts or promotion codes.

4. booking procedure
For booking we use a tool of our cooperation partner 2be Group s.r.o., SK-851 01 Bratislava, Kopcianska 14 (hereinafter referred to as “alpinresorts.com”).
Alpinresorts.com is responsible for the entire booking process including the collection of payment amounts. For further details please refer to the terms and conditions of alpinresorts.com.

Please check the data you provide (size, weight, etc..) already at the time of booking, as we need this for the setting of the ski binding. When you take over the sports equipment and equipment on site, you will have the opportunity to do so again.
Immediately after completion of the booking you will receive an order or payment confirmation from alpinresorts.com as well as a voucher to the e-mail address you provided. Please print out these documents and present them to the rental shop on site.

At the local branch, you will receive a receipt for the purpose of documenting the transaction, but this does not entitle you to input tax deduction.
Any additional ski or cancellation insurance (ALPINGUARANTY, ALPINSAFETY, ALPINFLEXI, etc.) arranged by alpinresorts.com in connection with the booking is not connected with the “HERVIS ski rental” in any way whatsoever.

5. payment
The price can be paid by credit card, PayPal or any other means of payment accepted by 2beGROUP s.r.o..

6. Contact us:
The alpinresorts.com hotline +43 720 817580 is available to answer any questions you may have in connection with your booking. If you have any other questions, please contact the branch of your choice by telephone or e-mail. You will find the relevant data in the booking confirmation sent to you. To simplify the process, please also have your booking documents ready.

7. cancellation conditions
7.1 Provisions for withdrawal
Pursuant to Article 18 para. 1 no. 10 FAGG (Austria) – based on Art. 16 (l) of Directive 2011/83/EU – (“Services associated with leisure activities”), there is no right of withdrawal.

7.2 Cancellation until the first day of the booking period
The first day of the booking period is the first day of the rental period for ski rental bookings. Cancellation of the booking must be made in writing and is possible until the first day of the booking period, subject to the following conditions

If the cancellation is made up to 10 working days before the first day of the booking period, a cancellation fee of 15% of the booking price will be retained.

If the cancellation is made 9 – 3 working days before the first day of the booking period, a cancellation fee of 25% of the booking price will be retained.

If the cancellation is made 2 or 1 working day(s) before 15:00 hrs before the first day of the booking period, a cancellation fee of 35% of the booking price will be retained as a cancellation fee. Thereafter, the cancellation is subject to the terms and conditions set forth in clause 7.3.

7.3 Cancellation from the first day of the booking period
If the cancellation occurs on the first day of the booking period or thereafter, a cancellation fee of 100% of the booked sports equipment + equipment will be retained.

8. follow up/return of equipment:
8.1 The equipment you have booked is available for collection from 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.

8.2 Please return the rented equipment on the last day of the agreed period before closing time (see the notice in the ski rental shop). If the rental period is exceeded, the difference between the actual rental period used and the reserved or paid rental period will be calculated on site according to our price list and must be paid directly. The rented equipment must always be returned in a suitable condition.

9. “Bring-In Service” – subject to a charge:
From a booking amount of € 100,– (minimum) you can book for a one-time surcharge of € 15,– our “Bring-In-Service”. We will then deliver the rented equipment to an address you specify (e.g.: hotel) at the ski rental location. In order to use this service, the booking must be made at least 3 calendar days before the desired delivery date.

10. Warranty & Disclaimer of Liability
Ski boots are adapted to the ski binding. Both components meet the safety requirements according to ISO standard 13993. An additional individual safety adjustment according to ISO/ÖNORM is generally not carried out. As usual in ski rental, the ski binding is adjusted manually according to the ISO number (Z number). Therefor we recommend a chargeable electronic binding test in accordance with ISO Standard 11088. is recommended.

The liability for accidents of all kinds is – as far as legally permissible – excluded. In particular, the lessor shall not be liable for any damage resulting from incorrect information provided by the lessee (e.g. data relevant to the binding setting) or from the use of the equipment by persons who were not the subject of the booking. The Lessee shall be responsible for any damage caused by third parties.

11. responsibility of the renter
From collection until return, the renter is 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.

12. obligation to pay compensation in the event of damage to the equipment or loss/theft
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 will have to charge you the current value of the stolen or lost equipment.

13. applicable law & 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 to the exclusive jurisdiction of the 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.

14 Severability clause
Should any provision of these terms and conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of any other provision. The contracting parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the invalid or unenforceable provision in accordance with the content and purpose of the invalid or unenforceable provision.

15. data protection information (persuant to GDPR)
Your personal data, which you provide to us in the course of the booking process, will be processed and used exclusively for the processing of “ski rental” (“purpose of use”) in accordance with the applicable national and European data protection regulations.

In order to be able to process the booking process itself, personal details (first and last name, address) as well as your credit card details are required. The disclosure of the date of birth, height and weight is a prerequisite for us to be able to correctly set the release value of the ski binding.

You provide your data directly on the booking platform of alpinresorts.com. Your data will then be forwarded directly to us (local ski rental branch) or via the “EasyRent” merchandise management system hosted by WINTERSTEIGER AG, Johann-Michael-Dimmel-Straße 9, A-4910 Ried im Innkreis.

The legal basis for the aforementioned data processing is that of Art. 6 para.1 lit. b) GDPR (“data is required for the fulfilment of the contract”).
For further details, please refer to our data protection declaration (in German Language) or that of alpinresorts.com.

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 service@hervis.at with effect for the future.

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