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General Terms and Conditions
of the company Ski Sport Hart

I. Scope of application

Contracts of the company Ski Sport Hartl (hereinafter referred to as the lessor) are only agreed under the following General Terms and Conditions (hereinafter referred to as GTC), unless otherwise agreed in detail.

Counter-confirmations of the hirer with reference to his terms and conditions are hereby contradicted. General terms and conditions of the hirer shall only become part of the contract if they have been expressly recognized by the lessor.

II. Formation of the contract

The rental company's offers are always subject to change and non-binding.

The respective rent of the Lessor shall apply, which shall be communicated on request or by means of an offer or brochure. 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.

Contracts are only concluded by written order confirmation or fulfillment on the part of the lessor with the content of these GTC. The Hirer shall be bound by the order placed for a period of two weeks from the signing of the order. After written confirmation of the order by the Lessor, the provisions of VI. of these GTC shall apply.

1. Pick up

If the Hirer has specified a collection date in the order, this shall only become binding upon written confirmation by the Rental Firm. The rent for the entire rental period must be paid in advance by bank transfer, crossed check or in cash, unless otherwise agreed.

For rental periods of more than one month, the rent for the first month must be paid in advance by bank transfer, crossed check or in cash and for the following months by bank transfer free of charge by the 3rd working day of each month.

If collection is agreed, the lessee is obliged to collect the rental object from the lessor at his own expense.

2. Delivery

If the Lessee has specified a delivery date in the order, this shall only become binding upon written confirmation by the Lessor. The rent for the entire rental period must be paid by bank transfer or crossed check no later than one week before the binding delivery date or alternatively in cash in advance upon delivery.

For rental periods of more than one month, the rent for the first month must be paid at the latest one week before the binding delivery date by bank transfer or crossed check or alternatively in cash in advance upon delivery and for the following months by bank transfer free of charge by the 3rd working day of each month.

If delivery has been agreed, delivery shall be made to the address specified by the hirer in the order, unless otherwise agreed.

3. Delivery with installation

If the Lessee has indicated in the order that it wishes the rental object to be delivered with installation, II. 2. of these GTC shall apply accordingly. Installation shall be carried out by the Lessor upon delivery.

III. Provisions upon handover of the rented property

The tenant is obliged to check the rental object for proper functioning by commissioning it before the start of the absence or planned use. If the Lessee discovers any defects, he is obliged to notify the Lessor of these immediately. This does not apply if delivery with installation (II. 3. of these GTC) has been agreed.

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

IV. Rental period

The tenancy begins on the day on which the rental object is collected from the Lessor or the Lessor delivers the rental object. The rental relationship shall end at the earliest upon expiry of the contractual rental period (VI. para. 1 sentence 2 of these GTC). The rental object may only be returned by the Lessee during the Lessor's business hours at the Lessor's registered office.

At the Lessor's request, the rental item may also be returned to a location other than the Lessor's registered office.

If the rental object is not returned in accordance with the contract or if the rental object is not ready for collection by the Lessor on the agreed collection date, 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 claim further damages is reserved.

V. Prohibition of offsetting

The tenant has no right of set-off in the case of disputed counterclaims or counterclaims that have not been legally established.

VI. Cancellation / Withdrawal

The rental relationship runs for a fixed term. The contractual rental period runs from the collection or delivery date confirmed in writing by the Lessor until the end date specified by the Lessee in the order. During the contractual rental period, ordinary termination of the rental relationship is excluded for both contracting parties. The right to extraordinary termination remains unaffected by this.

If the Lessee withdraws from the rental agreement before the start of the contractual rental period, 30% of the rent shall be charged in accordance with the contractual rental period. If the withdrawal takes place less than seven days before the start of the contractual rental period, 50% of the rent shall be charged; if less than two days, the full rent shall be charged in accordance with the contractual rental period. The provisions VI. para. 2 p. 1 and 2. of these GTC shall not apply if the Lessee proves that the Lessor has incurred no loss at all or a significantly lower loss.

VII. Liability / obligations of the tenant

The tenant shall be liable for the repair costs for any damage to the rental object for which he 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.

The lessor is entitled to charge the lessee for the resulting costs and loss of revenue for the period of downtime of the rental object in the event of necessary replacement or repair due to damage, loss, disappearance or theft of the rental object for which the lessee is responsible.

The lessee is not entitled 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.

VIII. Liability of the lessor

The tenant's no-fault claim for damages due to a defect in the rented property in accordance with Section 536 a (1) BGB is excluded.

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 applies if legal representatives or vicarious agents of the lessor act and cause damage. The liability for damages of the landlord and his legal representative or vicarious agent in the event of a breach of secondary obligations is excluded, unless the landlord, his legal representative or vicarious agent is guilty of gross negligence or intent. The limitation and exclusion of the lessor's liability for damages shall not apply in the event of injury to body, health or loss of life.

IX. Other provisions

1. Applicable law

The law of the Federal Republic of Austria shall apply exclusively. Duty to provide information in accordance with the Consumer Dispute Settlement Act (§ 36 VSBG): The landlord is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Privacy policy

The lessee agrees that data concerning him/her may be stored by the lessor to the extent necessary for the proper processing of orders.