General Terms and Conditions of Business

§ 1 Scope of application

1. Contracts of Dinic & Schön OG, authorised representatives: Helmut Schön, Danko Dinic, Schillerstraße 4, A-5700 Zell am See, Tel.: +43 6542 47 267, E-Mail: zell@net2ski.com (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 Hirer with reference to the Hirer's terms and conditions are hereby rejected. The Lessee's general terms and conditions shall only become part of the contract if they have been expressly recognised by the Lessor.

 

§ 2 Conclusion of the contract

1. The Lessor's product descriptions do not constitute binding offers to conclude a contract. They do, however, constitute an invitation to the Lessee to submit a binding offer.

2. The respective rent of the Lessor shall apply, which is communicated on request or by means of an offer or presentation on the website of the Lessor. 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 the 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 former case, receipt of the declaration of acceptance shall be decisive, in the latter case, receipt of the rental object by the customer. The period for acceptance of the offer shall commence on the day following the dispatch of the offer by the Lessee and shall end at the end of the fifth (5th) day following the dispatch of the offer.

4. If the Lessor does not accept the offer within this period, this shall be deemed to be a rejection of the offer. In this case, the Tenant shall no longer be bound by his declaration of intent. Otherwise, the Lessee shall be bound by his declaration of intent for a period of two (2) weeks from the time he submits his order by clicking the ‘Order with costs’ button. After written confirmation of the order by the Lessor, the provisions of § 6 of these GTC shall apply.

5. 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 basket can be removed from the shopping basket by clicking on the rubbish bin symbol (‘delete’). Input errors can also be corrected by cancelling the order process, e.g. by closing the browser window, and starting again from the beginning if necessary. After clicking on the button ‘order for a fee’, 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 cancellation can be exercised.

6. The text of the contract shall be saved by the Lessor and sent to the Lessee in text form (e.g. by e-mail) after the order has been sent, including the General Terms and Conditions and the cancellation policy.

7. 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 must be paid 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 its own expense.

8. The text of the contract shall be stored on the Lessor's internal systems. The Lessor's General Terms and Conditions 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. Once the order has been completed, the order data can no longer be accessed via the Internet for security reasons.

§ 3 Handover of the rental object

1. The Lessee is obliged to check the rental object for proper functioning by commissioning it before the start of the planned use. If the Lessee discovers any defects, he is obliged to notify the Lessor of these immediately.

2. If the Lessor is responsible for the defects, it shall be obliged and entitled to rectify or have rectified defects that are material to the contract at any time and to bear the costs incurred in doing so. The tenant shall be exempt from paying the rent while the defect is being rectified. If the Lessor is unable to remedy the defect, the Lessee may demand a reduction in the rent or cancellation of the contract.

3. The Lessee must present an official photo ID (e.g. passport, identity card or driving licence) and a booking confirmation when collecting the rental item.

4. The hire item can be exchanged at any time. If the renter decides in favour of a higher / more expensive category, he must pay the corresponding surcharge. No refund will be made if a lower / cheaper category is chosen.

5. By signing the address form, the hirer confirms the accuracy of his/her personal data, which is used for professional binding adjustment. The Lessee may not change the binding setting made by the Lessor without authorisation.

§ 4 Rental period

1. The tenancy begins on the day on which the rented property is collected from the Lessor or the Lessor delivers the rented property. The tenancy ends at the earliest on expiry of the contractual rental period. The rented item can only be returned by the Lessee during the Lessor's business hours at the designated return point. At the Lessor's request, the rented item may also be returned to a location other than the return point.

2. If the rental object is not returned in accordance with the contract, a full day's rent shall be payable to the Lessor for each day or part thereof. Extensions to the rental period must always be agreed with the Lessor and require written confirmation. A tacit extension of the tenancy in accordance with § 545 BGB is excluded. In addition, § 546a BGB applies with the proviso that the right to assert further claims for damages is reserved.

3. All rented items must be returned on the last day of the agreed rental period before close of business. In the event that the rental object is used for longer than agreed, the difference between the rental period actually used and the originally agreed rental period shall be charged in addition to the agreed rent at the standard local market conditions and shall be paid by the Lessee directly on site in cash. In addition, the landlord reserves the right to file a criminal complaint.

4. For rentals from 3.30 p.m., the rental price will only be charged from the following calendar day. If the rental object is returned before 09.00 a.m., the current calendar day will not be charged.

§ 5 Versicherungsoption

1. Der Mieter hat die Möglichkeit, die Mietsache gegen Beschädigung oder Diebstahl zu versichern, wobei ein Selbstbehalt in Höhe von fünfundzwanzig Prozent (25%) Marktwertes vereinbart wird. Die Kosten dieser Versicherung betragen zehn Prozent (10%) des gesamten Mietbetrages.
2. Bei Diebstahl hat der Mieter innerhalb von vierundzwanzig (24) Stunden bei der zuständigen Sicherheitsbehörde Anzeige zu erstatten und den Diebstahl unverzüglich der Vermieterin zu melden.
3. Im Falle der Beschädigung der Mietsache hat der Mieter diese unverzüglich zur Vermieterin zurückbringen.
4. Bei Diebstahl, Bruch oder Beschädigung durch unsachgemäße Verwendung der unversicherten Mietsache haftet der Mieter für den Zeitwert bzw. die Reparaturkosten.

§ 5 Insurance option

1. The Lessee has the option of insuring the rental object against damage or theft, whereby a deductible of twenty-five per cent (25%) of the market value is agreed. The cost of this insurance is ten per cent (10%) of the total rental amount.

2. In the event of theft, the Lessee shall report the theft to the competent security authority within twenty-four (24) hours and report the theft to the Lessor immediately.

3. In the event of damage to the rental item, the Lessee must return it to the Lessor immediately.

4. In the event of theft, breakage or damage due to improper use of the uninsured rental item, the Lessee shall be liable for the current value or the repair costs.

§ 7 Liability and obligations of the hirer

1. The renter is responsible for the rental item for the duration of the agreed rental period and must therefore use it carefully in accordance with its function and conditions of use. The hirer must ensure that the rental equipment (in particular skis) is stored individually and separately or in ski safes. At night, the rental item must be stored in a locked room or a locked vehicle.

2. The renter shall be liable for the repair costs for any damage to the rental item for which he/she is responsible. In the event of loss, misplacement or theft of the rental item for which the Hirer is responsible, the Hirer 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 Lessee is not authorised 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 rental object 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 Lessor

1. In principle, the statutory liability for defects shall apply.

2. The Tenant's no-fault claim for damages due to a defect in the rented property pursuant to Section 536a (1) BGB 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 shall apply if legal representatives or vicarious agents of the Lessor act and cause damage. The liability for damages of the Lessor and its legal representatives or vicarious agents in the event of a breach of secondary obligations is excluded, unless the Lessor, its 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 physical injury, damage to health or loss of life.

4. If the rented item shows a defect when it is first received by the Lessee, the Lessor shall rectify the defect or replace the rented item.

§ 9 Prices, payment, consequences of default

1. All prices are quoted in euros and include statutory VAT.
   The following payment methods can be selected:

   Payment via PayPal: If the payment method PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed online at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=de_DE if the tenant has an existing PayPal account or alternatively at https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE if the tenant does not have a PayPal account. The renter's PayPal account will be debited after the order has been completed.

    

2. Payment in cash: Payment shall be made in cash upon collection of the rental items.

    

3. In the event of returned direct debits, the Lessor shall be entitled to charge a flat fee of five euros (€5.00) in addition to the fees and expenses charged by the bank. The Lessee shall be entitled to prove that the Lessor has not incurred expenses in the amount of the flat-rate charge for returned direct debits or has incurred significantly lower expenses

§ 10 Right of cancellation

1. Consumers are generally entitled to a right of cancellation.

2. Further information on the right of cancellation can be found in the landlord's cancellation policy, which can be viewed under the corresponding menu item.

3. The right of cancellation 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 Other provisions

1. The contractual language is German.

2. Austrian law shall apply to this contract, but only to the extent that the protection granted to the Lessee is not withdrawn by mandatory provisions of the law of the country in which the Lessee has his habitual residence.

3. For all disputes arising directly or indirectly from the contract, the customer may choose between the court at his place of residence and the registered office of the lessor.