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GENERAL TERMS AND CONDITIONS

Pertaining to Contracts for the Rental of Sports Equipment, Sports Clothing, etc. by STROLZ Co., Inc.

(ver. October 2022)

§ 1. SCOPE

1.1.    These General Terms and Conditions form the basis for contracts for the rental of sports equipment, sports clothing and similar items (hereinafter referred to as "Rental Item") as well as for all other related services between Strolz Co., Inc. (hereinafter referred to as "STROLZ"). FN 73127s, Dorf 116, 6764 Lech, on the one hand and the customer (hereinafter "Customer") on the other.

1.2.    STROLZ shall draw up binding contracts for the provision of rental items only on the basis of the following terms and conditions. The contracting partners expressly acknowledge that they have taken legally binding notice of these terms and conditions, which means they become part of the contract. This shall also apply in the event that a contractual partner refers to its own General Terms and Conditions (B2C).

§ 2. RENTAL ITEM AND ACCEPTANCE OF THE CONTRACT

2.1.    All winter and summer sports equipment and additional items (skis, snowboards, ski boots, snowboard boots, cross-country skis, cross-country ski sets, touring skis, touring ski sets, helmets, poles, protectors, sledges, bikes, e-bikes, etc.) that can be booked for hire on the STROLZ booking platform are hereinafter collectively referred to as the rental item and include all winter/summer sports equipment of all categories and age groups. Enquiries (e.g. group enquiries) and bookings (e.g. online booking) are hereinafter uniformly referred to as booking.

2.2.    The STROLZ rental platform is a browser-based reservation portal at which customers can reserve sports equipment for subsequent rental from STROLZ. The reservation is a free service provided by STROLZ; the paid rental contract for the rental item is concluded between STROLZ and the customer on site at STROLZ's business premises on the customer's initiative in accordance with these GTC. The provisions of the Distance and Foreign Transactions Act (FAGG) therefore do not apply to the rental agreement between STROLZ and the customer.

§ 3. RENTAL TERMS

3.1.    Rental takes place in STROLZ rental shops and exclusively under the following conditions:
3.1.1.    By making a booking, the customer confirms that he/she has full legal capacity and is therefore at least 18 years of age.

3.1.2.    Until the rental price has been paid in full (online or in the rental shop on site), STROLZ shall not surrender the rental item.

3.1.3.    Before the rental item is handed over, the customer must present an official photo ID (e.g. passport or driving licence) and his/her (printed) booking confirmation to the rental shop and agree that a copy of these documents will be made. A credit card also liened. In the event of queries from the rental shop regarding the age of children or young people named in the rental contract, an official photo ID attesting to the stated age must be presented to the rental shop staff responsible.

3.2.    The booking platform contains an accurate presentation and availability of rental items of the respective rental shop. After completion of the booking process with or without payment, the booking platform automatically generates a voucher (reservation confirmation) which is sent to the customer by e-mail and also makes this voucher available for download on the booking completion page. With this (printed) voucher, the customer can collect the booked rental item from the rental shop. Furthermore, the contractual information is forwarded to the rental shop concerned. When the rental contract has ended, the customer automatically receives an e-mail with a request for feedback.

3.3.    Upon completion of the booking, the customer confirms the correctness of their  personal data, which is used for the professional setting of any rented sports equipment. The customer may not change the setting made by the rental shop without authorisation.

§ 4. CLIENT OBLIGATIONS

4.1.    The customer is fully responsible for the rental object and must use it with care in accordance with its function and conditions of use.

4.2.    Should the item made available for rental have defects at the time of rental, the customer can - if the rental shop cannot remedy the defect - exchange it or withdraw from the contract.

4.3.    Transfer of any rented item to third parties is not permitted.

4.4.    The customer shall ensure that the rental item is stored in such a way discourages theft or any other unintentional use. Unless insurance is specifically requested, the rental item is not automatically insured. In the event of theft or breakage due to breach of the custody obligations imposed, the customer shall be made liable for the current value. 

§ 5. VALIDITY

5.1.    The reservation order becomes valid upon receipt of the reservation confirmation.

5.2.    Rentals after 3:00 p.m. (except depot (locker) and bicycles) will only be charged beginning on the following calendar day. If the rental item (except bicycles) is returned for any reason before 10:00 a.m., the current calendar day will not be charged.

5.3.    The rental shop will hold the rental item until close of business on the first day of the reservation. After this period, the reservation loses its validity. If the reservation cannot be honored for any reason, we will refund any deposit paid for the reservation before the day the reservation begins.

5.4.    The agreed rental cost is only valid for consecutive days.

5.5.    In the case of online bookings made less than 48 hours in advance, a pick-up on the day before or the specific ski model requested cannot be guaranteed in advance, but only the pick-up on the rental day or a ski model from the booked category.

§ 6. RIGHT OF WITHDRAWAL

6.1.    The rental rate agreed between STROLZ and the customer shall apply for the total duration of the rental regardless of external influences, weather conditions or the operation of the facilities required for the use of the sports equipment.

6.2.    If the customer is unable to use the rented item as a result of illness, accident or infirmity and has proven the lack of ability to use the rented item by submitting a certificate issued by a local doctor or a local hospital, the obligation to pay the remaining amount as per rental agreement shall cease from the time of the loss of ability to use the rented item, but no earlier than the return of the rented item.

6.3.    In case of cancellation, please contact the rental shop directly (contact details on booking confirmation) or email rent@strolz.at.

§ 7. THEFT OR DAMAGE TO RENTED PROPERTY

7.1.    In the event of theft or breakage of the rented item, if no additional insurance protection has been agreed, a deductible is payable as follows:

a)     when booking the 5 star category: € 150,-
b)     when booking the 6 star category:  €300,-
c)     when booking the 7 star category:  €450,-

7.2.    By paying a fee of € 6,- for adults, € 3,- for children, € 10,- for bicycles per day for the rental period, the above mentioned deductible in case of theft is waived. In the event of theft, a police report must be submitted; if the police report is not submitted, the current value of the rental item must be reimbursed fully.

7.3.    In the event of wilful damage, the customer shall pay the repair costs; if repair is not possible for any reason, the customer shall reimburse the current value of the product.

§ 8. PRICES, PAYMENT AND DISCOUNTS

8.1.    The rental rate is only valid for consecutive days. Rentals after 3:00 p.m. will only be charged from the following calendar day. If the rental object is returned before 10:00 a.m., the current calendar day will not be charged.

8.2.    Prices include all taxes and duties applicable at the time of booking, less the optional discount. The display of prices is in euros (€, EUR). Payment is only accepted in EURO.

8.3.    The booking can be paid by the following means:

a)    Credit card (Visa, Mastercard, Amex,…)
b)    Instant bank transfer
c)    Paypal
d)    Cash (only in person at the rental site)

8.4.    Payment processing via Saferpay (American Express, Mastercard, Visa, Maestro, Diners Club, iDEAL, Paypal and instant bank transfer) is carried out by the external payment provider SIX (SIX Payment Services Europe S.A., Branch Office Austria, Marxergasse 1B, A-1030 Vienna, www.six-payment-services.com). There are no additional costs for this service.

8.5.    Any other charges arising from the payment not caused by STROLZ (bank commissions, exchange rate-related bank charges, etc.) shall be borne exclusively by the customer.

8.6.    Any online discounts (special price advantages of the respective rental shop) and/or discount codes shown cannot be combined with one other.

§ 9. BINDING ADJUSTMENT

9.1.    Ski boots are adapted to the ski binding, should both rental items be rented, they comply with the safety specifications of ISO standard 11088.

9.2.    Upon issuance of a rental item, a separate safety inspection and adjustment according to ISO/ÖNORM will not be carried out. Upon request and mandatory for own equipment (e.g. own ski boot and rental ski or own ski and rental boot) an inspection and adjustment according to ISO-/ÖNORM will be carried out. For this top safety adjustment (=electronic binding check) according to ISO standard 11088, a fee of € 12,- gross will be charged.

9.3.    This adjustment takes about 10 minutes on site. If the customer does not have a top safety setting made for the rented equipment (ski and boot), the ski binding will be set by hand according to ISO number.

§ 10. LIABILITY

10.1.    No liability is accepted for accidents of any kind, in particular STROLZ shall not be liable for damage resulting from incorrect information provided by the customer - in particular in connection with the binding setting.

10.2.    The customer declares that he shall indemnify and hold STROLZ harmless for all consequences and disadvantages arising from the loss, theft or transfer of the rental item.

10.3.    The customer acknowledges that STROLZ provides the booking platform as a service without obligation and revocable at any time. The customer therefore has no claim to use and function of the booking platform in general or according to a specific state of the art.

10.4.    In particular, STROLZ accepts no responsibility for the uninterrupted availability of the platform and the data managed therein. Due to the nature of the Internet, transmission times and transmission quality of data are dependent on load/traffic. In addition, according to the current state of the art it is not possible to develop and operate software completely free of errors and to exclude all uncertainties in connection with the Internet. In this respect, STROLZ accepts no liability in the event of (temporary) unavailability of the booking platform or for incorrect transmission of bookings.

§ 11. EXCHANGE

11.1.    Exhange of model is possible within the pre-booked category - free of charge.

11.2.    If any sports equipment is exchanged to a higher category, the surcharge according to the price list must be paid in advance online or on site.

§ 12. DATA PROCESSING

12.1.    STROLZ stores and processes certain personal data within the scope of your booking online or in one of the shops for processing and for general marketing purposes. Detailed information on the content and scope of this processing of data as provided for in art. 13 and 14 DSGVO can be found on our website under data protection information.

§ 13. FINAL PROVISIONS

13.1.    The laws of the Republic of Austria shall apply to the exclusion of the conflict-of-law rules of private international law. For contracts with consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13.2.    Fulfillment location is Lech.

13.3.    The exclusive place of jurisdiction is the court with subject-matter jurisdiction for Lech.

13.4.    Should any provision of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In this case, as well as in the event that a loophole becomes apparent, the invalid, unenforceable or missing provision shall be replaced by an appropriate provision which - as far as legally possible - comes as close as possible to what the contracting parties intended or would have intended according to the economic sense and purpose of the agreement if they had considered the point when concluding the agreement.0