General Terms and Conditions

PRELIMINARY REMARKS & RENTAL CONDITIONS
The reservation and booking of sports equipment via the SPORT MONTAFON website www.sportmontafon.at, by email and in-store (directly in the shop) requires the customer’s consent to the General Terms and Conditions (GTC) of SPORT MONTAFON, which are explained below:

All sports equipment that can be rented online, by email and in-store (in the shop) is hereinafter referred to as “rental items”. In the interest of reader-friendliness – the masculine form is used for personal designations, but this naturally includes the feminine form as well.

1. RENTAL CONTRACT
The rental contract is concluded exclusively between the booking customer and SPORT MONTAFON.
The transfer of rental items to third parties is prohibited!

2. PRICES
Prices include all taxes and duties applicable at the time of booking. Prices are displayed and payment is made exclusively in Euros.
The rental rate (rental price) only applies for consecutive days!
Unfavourable weather or other obstructions do not exempt from payment of the rental rate.
The displayed online price (i.e. minus the online discount) is shown in the SPORT MONTAFON webshop in slightly larger, red font and directly below it the list price or instead price in slightly smaller, black font.
SPORT MONTAFON charges NO booking & processing fees.

3. BOOKING
The customer selects their desired rental equipment in the SPORT MONTAFON webshop www.sportmontafon.at and commits to providing their personal data (date of birth, height, weight and skier type/ability) truthfully.
By completing the booking, the customer confirms the accuracy of their personal data, which is used for the proper adjustment according to ISO/ÖNORM of the safety ski binding of the rental item. It is expressly pointed out that the customer may not independently change the settings made by SPORT MONTAFON.
If the customer has provided false information, SPORT MONTAFON cannot be held responsible.
The customer is obliged to check the booking confirmation for accuracy immediately.
SPORT MONTAFON has a web-based booking system for online booking – including display and bookability – of all rental items. SPORT MONTAFON uses an encrypted SSL (Secure Socket Layer) connection for this, which establishes a secure connection between the customer and the SPORT MONTAFON booking system.

4. PROTECTION FEE
At SPORT MONTAFON, rental items are generally protected against overload. If a booked rental item is lost, stolen or wilfully damaged, an excess applies depending on the rental category.
If a customer has booked and paid the SPORT MONTAFON PROTECTION FEE, NO excess will be charged in the event of damage.

• Cost of PROTECTION FEE / per person (from 7 years+):
- For 1 day: ……€5.00
- For 2 days: ..€10.00
- From 3 days: …€15.00

Valid during mountain railway operating hours, for the booked rental period.
NO protection fee is charged for children up to their 6th birthday!
Only after full payment of the protection fee is there NO excess.
The PROTECTION FEE is personal and cannot be transferred to third parties.
In case of theft from fixed premises (e.g. ski cellar in hotel), this PROTECTION FEE does not apply.
Repair costs will be charged for wilful damage to the rental item.

• Cost of EXCESS:
- ECONOMY category: …… €250.00
- PREMIUM category: ……. €350.00
- SUPERIOR category: …… €480.00
- TEST SKIS: ………………………… €750.00
- POLES: ………………………….. €20.00
For all other rental items, the current value will be charged.
In case of theft/loss, a police report is always required!

5. PAYMENT
Secure payment: Online payment is processed via the external payment provider PAYONE (Worldline / SIX Payment Services). As a PCI DSS certified company, SPORT MONTAFON does not store any customer payment data.

After successful payment, the booking is completed and an automated email with booking confirmation and invoice is sent to both the customer and SPORT MONTAFON.
SPORT MONTAFON recommends regularly checking your personal junk/spam folder for incoming messages due to the automatic generation of these emails.

The following payment methods are available in the SPORT MONTAFON webshop:
• Credit card: VISA and MasterCard
When paying by credit card (VISA or MasterCard), the credit card number, expiry date and 3-digit security code must be entered.
Any fees arising from the payment (exchange rate-related bank fees, bank commission for payment operations, etc.) are borne by the customer.
During the payment transaction, the customer is automatically connected to the payment processing centre server. Bank card details protected by encryption do not pass through SPORT MONTAFON systems and are therefore not stored.

6. PICK-UP
Pick-up at SPORT MONTAFON is possible on the day before the first rental day from 14:00 onwards and will of course only be charged from the following calendar day.
The booking confirmation must be presented by the customer without being asked at the rental shop.
For identity verification or age verification, the customer must present an official photo ID (e.g. driving licence or passport) upon request from SPORT MONTAFON. In compliance with data protection regulations, SPORT MONTAFON may make copies of these documents, which are used exclusively for the proper processing of the rental contract.
If the booked rental item is picked up late or not at all by the customer, the rental price does not have to be refunded by SPORT MONTAFON. Unfavourable weather or other cases of force majeure that are not within SPORT MONTAFON’s control do not entitle the customer to free cancellation.

7. AVAILABILITY
SPORT MONTAFON is obliged to hand over rental items to the customer in accordance with the online booking. If the corresponding booked rental item is not available, SPORT MONTAFON must provide the customer with an equivalent or better model at no additional cost.
SPORT MONTAFON cannot be held responsible for delays in the delivery of rental items caused by circumstances beyond SPORT MONTAFON’s control. In particular, delays in returning previous rentals, accidents, force majeure, busy times in the rental shop, etc.
In such a case, SPORT MONTAFON will nevertheless do everything possible to provide the customer with an equivalent or better rental item.

8. EXCHANGE / CHANGE
An exchange within the booked category is possible free of charge at any time. If an exchange to a higher category is desired, the difference according to the list price must be paid on site.

9. CANCELLATION
SPORT MONTAFON charges NO cancellation fees!
• Cancellation before the booking period:
As soon as the payment amount of the online booking is received by SPORT MONTAFON, this amount minus the bank fee will be transferred back to the customer.
The fees incurred (such as bank charges/bank fees) are to be borne exclusively by the customer.
The customer must immediately provide SPORT MONTAFON with the IBAN number and account holder.
• Cancellation during the booking period:
As soon as the booked rental item is taken back by SPORT MONTAFON, the customer will be paid the difference directly in the rental shop, from the online paid rental price, minus the rental time already used.
• Cancellation of services:
SPORT MONTAFON points out that according to § 18 para. 1 no. 10 FAGG for “services provided in connection with leisure activities” there is NO statutory right of withdrawal.
Furthermore, it is pointed out that, in principle, cases of force majeure such as unfavourable weather, storms, avalanche danger or other influences – which are not within SPORT MONTAFON’s control – do not entitle the customer to cancel the booking free of charge.
In the event of a total closure of the ski area normally available from the day of rental of the rental items, and only in this case, the affected rental days will be refunded upon presentation of a declaration from the lift operating company.

10. RETURN
The rental items must be returned on the last booked rental day before closing time, or on the following day by 10:00 am.
The rented rental item must be received and scanned out by a SPORT MONTAFON employee. Rental items that remain in the ski depot are considered as rented.
• Early return:
SPORT MONTAFON is not obliged to refund the rental price in the event of early return.
SPORT MONTAFON reserves the right, at its discretion, to refund the customer the difference between the rental price already paid online and the rental time used.
• Late return:
The difference between the rental period actually used and the rental period already paid online must be paid in the SPORT MONTAFON rental shop at the usual list prices.
• NO return:
If the rented rental item is not returned by the customer on time without consultation with SPORT MONTAFON, SPORT MONTAFON may file a report for embezzlement against the customer and reserves the right to take further legal action.

11. LIABILITY
SPORT MONTAFON accepts no liability for accidents of any kind.

12. DUTY OF CARE
SPORT MONTAFON constantly checks the rental items for defects. If the rental item has a defect when issued, SPORT MONTAFON must either remedy the defect or exchange the rental item. If neither is possible, the customer may withdraw from the contract.
The customer is fully responsible for their booked rental item. They must only use it in accordance with its function and operating conditions, carefully and in the usual manner. Transfer to third parties is not permitted.
The customer must ensure that the booked rental item is stored in such a way that confusion or theft is prevented. During the night, the rental item must be stored in a locked ski room of the accommodation or in a locked vehicle.
Rental items are not insured! However, the SPORT MONTAFON PROTECTION FEE exempts from the costs of the excess.
In the event of theft/loss due to violation of the prescribed storage obligations or breakage/damage due to improper use, the customer is liable for the current value or repair costs.

13. DATA PROTECTION
SPORT MONTAFON processes the customer’s personal data for specific purposes and in accordance with legal requirements. The personal data provided for the purpose of ordering is used to fulfil and process the rental contract. This data is treated confidentially by SPORT MONTAFON and is not passed on to third parties who are not involved in the ordering, delivery and payment process.

14. APPLICABLE LAW / JURISDICTION
Austrian law applies exclusively to all legal disputes (excluding the IPRG). The competent commercial court is the Regional Court of Feldkirch.
The contractually binding version is German.