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Terms ski hire


A.S.ADVENTURE SKI HIRE

 

General terms and conditions

Preliminaries

The hirer is aware that winter sports involve a number of inherent risks, which cannot under any circumstances be recovered from the material or from the lender. By signing the hire coupon, the hirer declares that he or she has passed on the correct hire details, so that A.S.Adventure can apply the correct details. The hirer declares that he or she has checked the details upon receipt of the material. The client is aware of these general terms and conditions.

 

The hire is concluded under the terms and conditions stated below.

1. Duration of the hire

  1. The hire comes into effect at the time when the hirer or his or her authorised representative takes possession of the items hired from the lender in our warehouses. The hirer who fails to collect or take possession of the hired items at the agreed time is still bound by the hire agreement for the agreed period or a period which is at least equal to that which he or she has quoted as the assumed duration of the hire. All this is without prejudice to any possible compensation. Promises from the lender with regard to the delivery date are not binding and do not give any grounds for the termination of the agreement or any compensation.
  2. The hire ends on the agreed date when the hire is explicitly concluded for a certain time and the lender cannot invoke a tacit extension.
  3. As soon as the hire period ends, the hirer is considered, without notice, to be legally in breach of its obligation to return the hired items. From that moment, the lender has the right to collect the hired items, wherever they may be, without the need for a court order. All costs, such as those for dismantling, loading, transporting, and unloading, are entirely for the account of the hirer. For each day’s delay in returning the hired items, the hirer shall owe compensation equal to 30 % of the weekly hire price, without prejudice to the lender’s right to claim additional damages.
  4. The hirer’s attention is drawn to the fact that he or she can never become the owner of the hired items and that a failure to return the items at the time agreed above is punishable as a breach of trust.

2. Risk

  1. The hirer bears the risk for loss, theft, and damage of the hired items for the entire hire period i.e. also during the transport back and forth.
  2. The lender hands over items in good condition. The hirer always inspects and counts the hired items in the lender’s warehouses. The hirer is obliged at the time of collection of the hired items to make sure at once that he or she has received the correct number of items and that they are in good condition. Objections must be recorded on the hire form kept by the lender, and if there are no objections, the lender is absolved of all liability. Collection and taking in possession by the hirer or his or her authorised representative apply as irrevocable acceptance.
  3. The hirer is liable for returning the hired items in the same condition and number. Without prejudice to his or her recourse to third parties, the hirer is liable for any loss, damage, difference, decreased value, and such like in the broadest sense, and the hirer cannot invoke fault or malice of third parties, coincidence, or circumstances beyond one’s control against the lender.
  4. The hirer is also liable throughout the entire hire period for the damage or nuisance which the hired items or the use thereof might cause to third parties, even if not faulty. He or she shall safeguard the lender from liability for compensation due to third parties from or in relation to the hired items or the use thereof or caused as a result of any fault with the items, for whatever reason and whenever it arose.

3. Hire price and payment conditions

  1. All quoted prices, as agreed on the hire form, apply to one-off use during the agreed period. No discount is permitted if the actual running time is shorter than the notional time. If, however, the actual running time exceeds the notional time, the hire price will be raised in proportion to the extra days. It is possible to collect the hire items for the weekend from Thursday afternoon.
  2. When the hirer collects the hired items, he or she must pay the hire price which corresponds to the duration of the hire which he or she has quoted. If circumstances give grounds for assumption that the hirer will be unable to honour his or her payment obligations (e.g. uncovered cheque or delayed payments), the lender has the right to go to collect the hired items at the hirer’s expense, wherever they may be, and re-take possession of them immediately.
  3. Payments are made at the lender’s operating office.

4. Deposit

  1. The deposit is meant to cover several of the hirer’s duties. It must be paid before the hired items are collected. The deposit can never be regarded as an advance payment of the hire and will not be returned to the hirer until it is clear that the hirer has observed all his or her duties. The deposit never gives any entitlement to interest.

5. Guidelines for use

  1. As a reminder of what is agreed under point 2 and without this being an exhaustive summary, the hirer’s attention is drawn to his or her obligation, which he or she must observe with due regard for the nature and type of the hired items, to protect the hired items from stress and damage and to use them in a responsible manner.

6. Miscellaneous stipulations

  1. If repair work is necessary as a result of normal wear and tear, the hirer must inform the lender of this immediately. The lender then carries out the work himself or herself or has it done by others with no charge to the hirer. The time needed for care, maintenance, and any necessary repairs is included in the hire period, unless the repairs have proved to be necessary as a result of normal wear and tear. However, the hirer is not entitled to compensation on the basis of any interruption in the use of the hired items and is not entitled therefore to terminate the hire agreement. The hirer himself or herself is not permitted to carry out any repairs or have repairs carried out by others, but must inform the lender of all (repair) work which needs to be done. Work which has become necessary through incorrect use or carelessness on the part of the hirer, circumstances beyond one’s control, or acts by third parties must be paid for by the hirer, irrespective of the fact that sub-letting or sub-lending is excluded.
  2. - The lender is not liable for damage caused by the hirer and arising from a complete failure to comply, or a failure to comply promptly or properly, with any duty which arises for the hirer as a result of these terms and conditions of hire, unless the cause of the complete failure to comply or the failure to comply promptly or properly comprises serious intent or serious fault on the part of the lender acting himself or herself or by means of his or her agency representatives.
    - The hirer is liable for all damage suffered by the lender for whatever reason and arising from the complete failure to comply, or the failure to comply promptly or properly, with any duty which arises for him or her from these terms and conditions of hire, irrespective of the cause of this complete failure to comply or the failure to comply promptly or properly. If the hired items themselves are damaged, the value of the hired items is set at the value of new items.
  3. The lender is not liable for damage suffered by the hirer as a result of any fault for any reason and also if damage arises to the hired items.
  4. Deviations from the stipulations of these terms and conditions of hire are only possible if and insofar as this deviation appears explicitly in a note on the hire coupon.
  5. The latest available norm or standard will be used to set or adjust the hired skis. This norm will always have due regard for age, sex, weight, shoe size, and the level of the skier.

7. Authorisation

  1. All disputes relating to the hire are subject solely to the authorisation of the courts in the judicial district where the lender’s head office is located.

8. Cancellation of the hire

  1. Up to one month before the hire period: The full deposit can be returned.
  2. Less than one month before the hire period: The deposit is NOT returned

UNLESS

* The hirer can supply a doctor’s note dated BEFORE the commencement of the hire period (up to and including the moment of collection): the deposit is then returned in full.
* The client has bought ski-snowboard material from A.S.Adventure.
!!! This condition does not apply if the client has bought material elsewhere.

 

BUT
* The deposit CANNOT be returned if the hirer supplies a doctor’s note after the commencement of the hire period.
* There is NO return or settlement of the deposit if the client buys ski-snowboard material after the commencement of the hire period.

9. Charges for lost or irreparable items

  1. If the hirer fails to return the hired material because it has been lost or stolen or if he or she returns the material in a broken state so that it is no longer fit for hire, the costs for this are charged to the hirer.

 

Part of these costs is charged by the withholding of the deposit paid by the client. Any other costs must be paid by the client.