General Terms and Conditions
§ 1 Scope of application
- Contracts of Skiverleih Zugspitze, Martin Voigt, Mühlstr. 3, D-82467 Garmisch- Partenkirchen, Tel.: +49 8821 74505, E-Mail: mail@skiverleih-zugspitze.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.
- Counter-confirmations by the Lessee with reference to its 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 recognized by the Lessor.
§ 2 Formation of the contract
- The Lessor's product descriptions do not constitute binding offers to conclude a contract. They do, however, constitute an invitation to the tenant to submit a binding offer.
- The respective rent of the Lessor shall apply, which shall be 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.
- 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 first case, the receipt of the declaration of acceptance shall be decisive, in the latter case, the 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.
- If the landlord does not accept the offer within this period, this shall be deemed a rejection of the offer. In this case, the tenant is no longer bound by his declaration of intent. Otherwise, the tenant shall be bound to his declaration of intent for a period of two (2) weeks from the date of sending his order by clicking on the button
"order with costs". After written confirmation of the order by the Lessor, the provisions of § 6 of these GTC shall apply. - 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).
can be deleted. Items that are already in the shopping cart can be removed from the shopping cart by clicking on the trash can symbol ("delete"). Input errors can also be corrected by canceling the order process, e.g. by closing the browser window, and restarting it from the beginning if necessary. After clicking the button
"Order with costs", a correction by the tenant himself is no longer possible. However, correction requests can then be sent by e-mail or the right of withdrawal can be exercised. - The text of the contract shall be stored 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.
- 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) 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. - The text of the contract is stored on the landlord'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
- The Lessee is obliged to check the rental item 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.
- 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 rescission of the contract.
- The renter must present an official photo ID (e.g. passport, identity card or driver's license) and a booking confirmation when picking up the rental object.
- An exchange of the rental object is possible at any time. If the hirer opts for a higher/more expensive category, he/she must pay the corresponding surcharge. No refund will be made if a lower/cheaper category is chosen.
- By signing the address form, the tenant confirms the accuracy of his/her personal data, which is used for the professional binding setting. The tenant may not change the binding setting made by the landlord without authorization.
§ 4 Rental period
- The tenancy begins on the day on which the rented property is collected from the Lessor or the Lessor delivers the rented property. The rental relationship shall end at the earliest upon expiry of the contractual rental period. The rented item may only be returned by the Lessee during the Lessor's business hours at the designated return point. At the Lessor's request, the rental item may also be returned to a location other than the return point.
- 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 of 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.
- All rental items must be returned on the last day of the agreed rental period before close of business. If the rental item 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 usual local market conditions and must be paid by the Lessee directly on site in cash. In addition, the Lessor reserves the right to file a criminal complaint.
- For rentals from 3.30 p.m., the rental price will only be charged from the following calendar day. If the rental property is returned before 10.00 a.m., the current calendar day will not be charged.
§ 5 Insurance option
- The tenant has the option of insuring the rental object against damage or theft, whereby a deductible of twenty-five percent (25%) market value is agreed. The cost of this insurance is ten percent (10%) of the total rental amount.
- In the event of theft, the Lessee must report the theft to the relevant security authority within twenty-four (24) hours and report the theft to the Lessor immediately.
- In the event of damage to the rental object, the Lessee must return it to the Lessor without delay.
- In the event of theft, breakage or damage due to improper use of the uninsured rental item, the renter is liable for the current value or the repair costs.
§ 6 Termination, withdrawal
- The rental agreement runs for a fixed term. The contractual rental period runs from the collection 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. In particular
The lessor is not entitled to terminate the contract due to bad weather conditions or other hindrances beyond the lessor's control. - The right to extraordinary termination remains unaffected by this. Reasons for extraordinary termination include, in particular, illness or accident of the tenant or the death of close relatives or fellow travelers of the tenant. Notice of termination must be given to the landlord in writing.
- In the event of injury or illness of the tenant during the rental period, a refund of the rent is only possible if the rental items are returned to the landlord immediately and a medical certificate is also presented. The Lessor shall refund the pro rata rent to the Lessee from the date of issue of the medical certificate.
- If the tenant collects the rental object late or not at all, a refund of the rent is excluded. The same applies if the tenant returns the rented item early.
- Cancellation cover can be taken out online when booking the rental property. This cancellation protection can be purchased at a surcharge of 10% of the rental company's list price. Bookings with cancellation protection can be canceled up to two days before the pick-up date of the booked goods. The booking cannot be canceled if cancellation protection has not been purchased.
§ 7 Liability and obligations of the tenant
- 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 renter must ensure that the rental equipment (especially skis) is stored separately and apart from each other or in ski safes. At night, the rental equipment must be stored in a locked room or a locked vehicle.
- 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 rented item for which the renter is responsible, the renter shall be liable for the replacement value.
- The Lessor shall be entitled to charge the Lessee for the costs and loss of revenue incurred as a result for the period during which the rented item is unavailable for necessary replacement or repair due to damage, loss, disappearance or theft of the rented item 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 shall be obliged to notify 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 landlord
- In principle, the statutory liability for defects applies.
- The tenant's no-fault claim for damages due to a defect in the rented property pursuant to Section 536a (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 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 injury to body, health or loss of life. - If the rented property already has a defect when the tenant first receives it, the landlord must rectify the defect or replace the rented property.
§ 9 Prices, payment, consequences of default
- 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- in the case of an existing PayPal account.
full or alternatively under
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full [please make this link clickable] if the renter does not have a PayPal account. The renter's PayPal account will be debited after the order has been completed.
Payment in cash: Payment is made in cash on collection of the rental items. - In the event of returned direct debits, the Lessor shall be entitled to charge a flat-rate fee of ten euros (€10.00) 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 withdrawal
- Consumers are generally entitled to a right of withdrawal.
- Further information on the right of revocation can be found in the landlord's revocation policy, which can be viewed under the corresponding menu item.
- The right of withdrawal 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
- The contract language is German.
- German law shall apply. In the case of tenants who conclude the contract for a purpose that cannot be predominantly attributed to their commercial or independent professional activity (consumers pursuant to Section 13 BGB), this choice of law shall only apply insofar as it does not deprive the tenant of the right of residence under mandatory provisions of the law of the country in which he has his habitual residence.
- If the Lessee is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Seller. If the lessee is domiciled outside the territory of the Federal Republic of Germany, the lessor's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the lessee's professional or commercial activity. In the above cases, however, the Lessor shall in any case be entitled to appeal to the court at the registered office of the Lessee."