Reservation and Rental Con-ditions of INTERSPORT RENT

These reservation and rental conditions shall be the basis of the contracts on the reservation and rental of sporting equipment at dealers between Sports World Online GmbH, company number 337855x, 4600 Wels, Flugplatzstraße 10, hereinafter referred to as “INTERSPORT” and its cooperation partners, hereinafter referred to as “Dealers”, on the one hand, and the customer, hereinafter referred to as “Customer(s)”, on the other hand.

The INTERSPORT Rent platform is a browser-based reservation portal where Customers can reserve sporting equipment for the following rental from an Intersport Dealer. The reservation is a cost-free service of INTERSPORT; the rental contract (“rental”) shall be concluded between the Customer and the Dealer on site in the Dealer’s business premises. Neither the Customer nor the Dealer shall be obliged to enter into any contractual relationship involving payment due to a reservation being made via the INTERSPORT Rent platform. These reservation and rental conditions shall govern both the legal relationship between the Customer and Intersport and the legal relationship between the Customer and the relevant Dealer if a contract is subsequently concluded between them.

1. Scope of application of the terms of use & definitions

1.1. All services of INTERSPORT and Dealers to Customers in connection with the reservation and rental of sporting equipment via a reservation on the INTERSPORT Rent platform shall exclusively be rendered on the basis of these reservation and rental conditions.

1.2. Dealer: The Dealer is a contractual partner of INTERSPORT and operates a sporting equipment rental service where it offers sports equipment and accessories (“rental item”) independent from INTERSPORT in return for payment according to these terms of use.

1.3. Customer: The Customer is a user of the INTERSPORT Rent platform who intends to reserve sporting equipment at a Dealer via the reservation system integrated in the platform. By using the platform, the Customer becomes the direct contractual partner of INTERSPORT to the extent of the online reservation service. To what extent the Customer becomes the direct contractual partner of the Dealer with regard to the rental of the rental item shall be subject to the Dealer’s and the Customer’s intention to conclude a contract.

1.4. User: The user is the person who actually uses the rental item that was provided to the Customer based on a contractual agreement with the Dealer. The user’s data shall be disclosed to the Dealer before the rental item is used.

1.5. Product categories: The Customer shall have the option to choose between different product categories when selecting the rental item to be reserved. These product categories shall be Basic, Economy, Premium and Superior; the allocation of sporting equipment to the individual product categories shall be made by INTERSPORT according to subjective criteria and shall not refer to any specific quality criteria.

1.6. Reservation request: The Customer has the option to lodge with INTERSPORT a non-binding reservation request for a specific rental item in a specific target region at a rent determined in advance. INTERSPORT shall be entitled, but not obliged, to forward a reservation request to a Dealer to have such Dealer make a reservation for a specific rental item on specific conditions.

1.7. Reservation: A reservation within the meaning of these reservation and rental conditions means that a Dealer accepts the reservation request of a Customer to INTERSPORT and provides the requested rental item on site for the subsequent conclusion of a rental contract between it and the Customer on the conditions defined in the reservation request. The Dealer shall inform INTERSPORT RENT about the performed reservation and the basic willingness to conclude a rental contract with the Customer on the conditions set out in the reservation request to enable a confirmation of reservation by INTERSPORT to the Customer.

1.8. Confirmation of reservation: INTERSPORT shall submit a confirmation of reservation to the Customer if the Dealer accepts a reservation. The confirmation of reservation according to which a rental item was provided by the Dealer for a potential future conclusion of contract with the Customer shall not yet constitute any legally binding action of the Dealer vis-à-vis the Customer. The provision of the rental item shall therefore not yet result in a conclusion of contract between the Dealer and the Customer and/or in an obligation of the Dealer to enter into a contractual relationship with the Customer where the Customer makes a payment.

1.9. Rental contract: A rental contract shall be concluded on the rental item according to these reservation and rental conditions between the Dealer and the Customer on site in the Dealer’s business premises through the Customer’s initiative. The rental contract between the Dealer and the Customer shall thus not be subject to the provisions of the Austrian distance selling act [Fern- und Auswärtsgeschäftegesetz, FAGG].

2. Functionality of the INTERSPORT RENT platform

2.1. The platform can be used with and without registration and the related permanent disclosure of personal data.

2.2. The Customer has the option to be provided with sporting equipment and accessories of a specific product category (“rental item”), but not of a specific make or brand, on the platform for the following conclusion of a rental contract on site with a Dealer.

2.3. The reservation request of a Customer shall be forwarded to the Dealer who is closest to the target location selected by the Customer. The Dealer may provide the rental item for a potential subsequent conclusion of contract with the Customer at the intended contract date on the conditions set out in the reservation request and confirm this to INTERSPORT.

2.4. After a reservation confirmation is received, the Customer shall be at liberty to contact the Dealer on site in its business premises to conclude with it a rental contract on the rental item on the conditions set out in the reservation request.

2.5. Both the Customer and the Dealer shall be entitled to reject the conclusion of a rental contract with the respectively other potential contractual partner without stating reasons.

2.6. The Customer shall not have any claims against INTERSPORT and the Dealer if the reservation does not result in the conclusion of a rental contract on the rental item.

3. Reservation conditions

3.1. INTERSPORT shall be entitled to reject the reservation request of a Customer without stating reasons.

3.2. The reservation shall be made according to the product categories defined by INTERSPORT. It is not possible to reserve sporting equipment of a specific brand or make.

3.3. The reservation shall be made on the conditions defined in the reservation request via INTERSPORT RENT in consideration of any potential discount code or other incentives.

3.4. The Customer and the Dealer shall at all times be entitled to consensually deviate from the conditions of a reservation confirmation. However, the Dealer shall be obliged vis-à-vis INTERSPORT to offer the Customer the conditions for the rental of the rental item set out in the reservation confirmation on the Customer’s demand, unless this is opposed by a compelling reason.

4. Rental conditions

4.1. The rental contract on the rental item shall be concluded between the Dealer and the Customer at the Customer’s initiative. The Customer shall contact the Dealer and point out the reservation made via INTERSPORT RENT.

The rental contract on the rental item shall then be concluded between the Dealer and the Customer by handing over the reserved rental item on the conditions set out in the reservation simultaneously with the provision of a collateral security if the Customer has proved his/her identity by an official photo identity card and confirmed the receipt of the rental item.

4.2. At the Dealer’s option, e.g. an original official photo identity card, a credit card or a cash amount agreed between the Dealer and the Customer may serve as collateral security for the provision of the rental item.

4.3. The Customer shall be obliged to return the rental item after the rental period has expired until 10:00 a.m. of the following day at the latest. If the rental item is not returned to the Dealer in due time, the Dealer shall be entitled to charge the daily rent for each day exceeding the rental period and/or to demand the return of the rental item. If the rental item is returned after 10:00 a.m. on the following day, the rental period shall be deemed exceeded by one day.

4.4. Irrespective of its further claims against the Customer, the Dealer shall be entitled to utilise the collateral security provided to it according to clause 4.2. to pay its outstanding rent, unless the provided collateral security is an official photo identity card.

4.5. The rent agreed between the Dealer and the Customer shall apply for the entire duration of the rent irrespective of external influences, weather or the operation of the facilities required for using the sporting equipment. (e.g. ski lifts)

4.6. If the Customer does not intend to use the rental item himself/herself, he/she shall inform the Dealer before the rental contract is concluded and disclose to the Dealer the personal data of the user that may be required for customising the rental item (e.g. ski binding). (e.g. name, address, date of birth, height, weight, sporting skills with regard to the rental item). It shall not be permitted to provide the rental item to persons other than the Customer and/or the notified user.

4.7. The Dealer shall adjust the rental item to the data notified by the Customer and/or the user with regard to physical features and sporting skills according to general experience.

4.8. Ski boots shall be adjusted to the ski binding; both rental items comply with the safety provisions of the ISO standard 11088. However, a separate safety inspection and the adjustment of the rental item according to ISO standard/ÖNORM to the requirements of the Customer and/or user shall not be performed.

4.9. The Customer shall have the option to carry out an electronic binding inspection according to ISO standard 11088 on site for the price of € 14.99; such adjustment on site will take approx. 10 minutes. If the Customer has no electronic binding inspection carried out, the ski binding shall be set by hand according to the ISO setting.

4.10. Unless it is a bike, the rental item shall be insured by the Dealer against breakage and theft. If breakage or theft occurs, the Customer shall be obliged to pay the deductible agreed for the relevant rental item by the Dealer with the insurer regardless of negligence or fault. Such deductible shall amount to

a. if Basic Class is booked: € 50
b. if Economy Class is booked: € 150
c. if Premium Class is booked: € 270
d. if Superior Class is booked: € 400

4.11. The Customer shall be obliged to inform the Dealer about any breakage, loss or theft of the rental item within 24 hours and to pay the agreed deductible within 48 hours after the notification. In addition, the Customer shall be obliged to take all measures required to enforce the Dealer’s claims within 24 hours after the Dealer’s first demand. This shall include, but not be limited to reporting any loss or theft of the rental item to the police and/or the disclosure of a potential culprit.

4.12. If the Dealer has reported a loss and the insurer refuses to pay such loss for reasons the Customer is responsible for (e.g. gross negligence or intention), the Customer shall be obliged to compensate the Dealer for the loss incurred, and at least the fair value of the rental item, to full extent.

4.13. If the Customer fails to take the measures required to enforce the Dealer’s claims, which he/she is obliged to take on the basis of these rental conditions according to clause 4.10., he/she shall pay the fair value of the rental item to the Dealer.

4.14. The Customer shall have the option to be released from the obligation to pay a deductible by paying an additional fee to the Dealer before the rental period starts. This additional fee shall be the one-off amount of € 7.50 with a rental period of up to two days and the one-off amount of € 15.00 as from a rental period of three days.

4.15. If the user notified to the Dealer for a rental item is not able to use the rental item due to sickness, accident or other ailments, the obligation to pay the rent shall lapse as from the time the rental item can no longer be used. The Customer shall prove the lacking ability of a user to use the rental item by providing a certificate issued by a domestic doctor or by a domestic hospital. Any fees already paid to the Dealer shall be paid back to the Customer in aliquot part against proof.

5. Terms of payment

5.1. Unless otherwise agreed, the rent for the rental item provided by the Dealer to the Customer shall be due for payment in full before the rental item is handed over.

5.2. If the Customer fails to return the rental item to the Dealer in due time, the resulting receivables of the Dealer shall be due for payment upon the actual return to the Dealer and otherwise within 7 days from invoicing.

6. Liability

6.1. Intersport and the Dealer shall not be liable for ensuring that the rental item reserved and/or rented by the Customer meets his/her personal requirements. Intersport shall only be liable for the correct forwarding of the reservation request to the Dealer; the Dealer shall only be liable for providing a rental item that corresponds to the product category requested by the Customer.

6.2. Any liability for harmful consequences and losses, except for personal injuries, caused by INTERSPORT or the Dealer due to slight negligence shall be excluded.

6.3. The compensation of losses – except for personal injuries – to the individual aggrieved party shall be limited to the actually available coverage of the liability insurance of INTERSPORT and/or the Dealer for the relevant incident for each loss-causing event. If no liability insurance cover is available, the compensation of losses shall be limited, where permitted by law, to the maximum amount of € 10,000.00 for each loss-causing event.

6.4. INTERSPORT and the Dealer shall not be liable for the correctness of product descriptions and product illustrations that are used on the platform to advertise the rental item.

6.5. Intersport and the Dealer shall not be liable to ensure that the rental item meets the individual needs and requirements of the Customer or was correctly customised (e.g. ski binding setting), but only to ensure that it generally corresponds to the state-of-the-art. If the Customer notifies any incorrect data for customising and selecting a rental item for himself/herself or another user, any liability of Intersport and the Dealer shall be excluded; they shall not be obliged to check the data provided by the Customer for correctness and completeness. INTERSPORT and the Dealer shall only be liable for any harmful consequences and losses incurred by the Customer due to an incorrect transmission of the personal data correctly notified by the Customer (e.g. height, weight or skiing abilities) if the incorrect transmission should have been obvious to them.

6.6. Unless other mandatory statutory provisions apply, particularly for consumers, any claims for damages shall be asserted in court within 6 months as from becoming aware of the damage and the culprit; such claims shall lapse after such period.

6.7. The limitations and/or exclusions of liability shall also include claims against employees, organs, representatives and vicarious agents of INTERSPORT and/or the Dealer due to damage suffered by the Customer and caused by them.

6.8. To the extent a direct contractual relationship is started or entered into between the Customers and Dealers by using various functions of the platform, INTERSPORT shall not be liable to any of such contractual partners for harmful consequences or losses arising from this contractual relationship. (No contract with protective effect in favour of third parties)

7. Customer’s rights and obligations

7.1. The Customer undertakes not to use the platform improperly or unlawfully. The Customers shall indemnify INTERSPORT and the Dealer from and against any and all harmful consequences that are caused by unlawful use, misuse or other improper use of the platform and the related services.

7.2. The Customer declares that all his/her personal information and information about users named by him/her is truthful and correct. He/she shall be obliged to inform INTERSPORT and the Dealer about changes to such data (including payment data) without delay.

The Customer undertakes to keep the access data to his/her account confidential, to handle them with care and not to disclose them to any third parties; if he/she fails to act in this manner, he/she shall be liable for the consequences. The Customer shall inform persons whom he/she provides with the access data for his/her account about the obligations resulting from these reservation and rental conditions and shall impose such obligations on them and shall indemnify INTERSPORT and the Dealer with regard to the subjection of the authorised persons to these terms of use.

7.4. The Customer shall be obliged to log out from his/her account after each use of the platform and to log back in prior to each use in order to prevent the misuse of his/her account after loss or theft.

7.5. The Customer declares to indemnify INTERSPORT from and against all consequences and disadvantages resulting from loss, theft or transmission of his/her login data or loss, theft or transmission of his/her terminal while being logged into the platform.

7.6. The Customer shall be obliged to inform INTERSPORT about any change to his/her data or to data of users named by him/her that is relevant to the Dealer within 7 days. The Customer shall indemnify INTERSPORT with regard to the failure to provide such a change notification in due time.

8. Availability of INTERSPORT RENT

INTERSPORT shall not be obliged to provide the platform without limitation. INTERSPORT shall not guarantee any specific availability of the platform in the calendar year average.

Such a guarantee for a completely error-free or interruption-free system cannot be given for technical reasons alone.

9 Copyright

INTERSPORT shall reserve all rights, particularly trademark rights and copyrights, to the entire content of the website, particularly to trademarks, logos, texts, graphics, photographs, layout and music. Unless the use is permitted by law, any use beyond the contractual service obligations of contents of this website, particularly the saving in databases, reproduction, distribution or processing, shall be subject to the express written consent of INTERSPORT.

10. Changes to the terms of use

10.1. INTERSPORT shall be entitled to change these reservation and rental conditions at any time, particularly, but not exclusively in order to include modified statutory provisions or to include new or modified services.

10.2. The Customer shall be informed about scheduled changes in writing no later than two months prior to the suggested effective date of the new reservation and rental conditions, and particularly about the affected provisions. The changes shall be deemed approved by the Customer, unless he/she objects to them in writing prior to the suggested effective date of the changes.

INTERSPORT shall point this out to the Customer in the information on the changes. The deadline for the objection shall only be complied with if the objection is received by INTERSPORT within the stated period.

11. Final provisions

11.1. Austrian substantive law shall apply exclusively to contracts concluded between the Customer and Intersport; the United Nations Convention on Contracts for the International Sale of Goods and international conflict of laws rules shall not apply. The substantive law of the country where the Dealer has its registered office shall apply to the contracts concluded between the Customer and the Dealer.

11.2. Should any provisions of these terms of use be or become void, invalid or voidable, this shall not affect the validity of the remaining provisions. Such provisions shall be deemed replaced by valid and enforceable regulations that come closest to the intended economic purpose of the invalid provisions. This shall also apply if the contract contains any gaps.

11.3. The factually and locally competent court for 4600 Wels shall have exclusive jurisdiction for any disputes arising between the Customer and INTERSPORT; the factually and locally competent court for the Dealer’s registered office shall have exclusive jurisdiction for any disputes arising between the Customer and the Dealer. These agreements on the place of jurisdiction shall only apply if no mandatory jurisdictions over consumer contracts exist in favour of the Customer.

 

Last Update: 1 January 2019