Terms and Conditions - SkiHireWengen.com

Terms and Conditions

RULES AND RENTAL CONDITIONS

Contact address:
SkiWengen GmbH, Skiset Wengen
Wengiboden 1252h
3823, Wengen
Switzerland

Commercial registry
Registered company name: SkiWengen GmbH
Company & MwsT Number: CHE-177.800.846

Disclaimer
The author accepts no responsibility with respect to correctness, exactness
relevance, reliability or completeness of the information.
Liability claims against the author due to damage of a material or immaterial nature
which are based on accessing, using or not using the presented information, through
misuse of the connection or as a result of technical breakdowns are
excluded.
All offers presented are non-binding. The author expressly reserves the right to change,
supplement, or delete parts of the pages or the entire content without prior notice
and to discontinue publication of them either temporarily or permanently.

1. General Conditions for Rental

These General Conditions for Rental and their APPENDICES govern the conditions for rental and are applicable to any service order placed by an individual on the Website – www.skihirewengen.com and www.skiwengen.com
Hereinafter referred to as SkiWengen GmbH or “Skiset Wengen”
On one hand,
And
The RENTER, a consumer located in the TERRITORY
The RENTER and Skiset Wengen shall be referred to collectively as the PARTIES.
ANY ORDER PLACED WITH SKISET WENGEN BY THE RENTER IMPLIES ACCEPTANCE WITHOUT RESERVE BY THE RENTER OF THESE GENERAL CONDITIONS FOR RENTAL AND THEIR APPENDICES.

2. Definition
The terms, used below in these general conditions for rental, signify the following:
• VOUCHER: refers to the document which the RENTER uses to collect the ARTICLE(S) ordered from Skiset Wengen and which attests to complete payment of the ORDER;
• ORDER: refers to the operation by which the RENTER chooses the ARTICLES, the rental period, the collection point, the payment method and makes payment;
• ACCOUNT: refers to the interface in which all the information provided by the RENTER is stored. These data include information concerning the RENTER such as their E-mail address, the status of their transactions, the ARTICLES rented on the WEBSITE, their shoe size, weight and height. Please note that an ACCOUNT cannot be transferred to a third party;
• AGREEMENT: refers to the contractual relation by which the parties are bound and which is governed by these General Conditions for Rental and the appendices, the INVOICE and any additional clause subsequently signed by the PARTIES;
• INVOICE: refers to the contractual document transmitted by Skiset Wengen on which the final price of the ORDER appears;
• RENTER: refers to Skiset Wengen’s contracting party, a competent individual who has reached the age of majority and who can be qualified as a consumer according to Swiss Law;
• STANDARD OFFER: refers to the offer by which Skiset Wengen proposes an ARTICLE to the RENTER from a category of ARTICLES listed on the WEBSITE according to their description or the age of the user, such as:
o – ECO / EVOLUTION / PERFORMANCE / EXCELLENCE / PREMIUM for men, women and teenagers;
o – MINI KID / KID / CHAMPION Jr / JUNIOR.
• SELECTION OFFER: refers to the option according to which the RENTER can choose a specific model of an ARTICLE that they would like to rent on the WEBSITE, if and only if this ARTICLE has the mention “guaranteed model”;
• PACK: refers to the rental of a pair of skis and a pair of ski boots;
• WEBSITE: refers to the Website available at the address www.skihirewengen.com on which the RENTER can view the ARTICLES;

3. Purpose of the Agreement
The purpose of these General Conditions for Rental is to specify the respective rights and obligations of the RENTER and Skiset Wengen in the framework of the RENTAL of the ARTICLES on the WEBSITE.
These General Conditions for Rental, the indications on the VOUCHER, those on the ORDER when it is accepted by Skiset Wengen, as well as the related INVOICE constitute the only contractual agreements between Skiset Wengen and the RENTER.
The RENTER is hereby clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals should contact the Skiset Wengen sales department in order to benefit from different contractual conditions.

4. Characteristics of the General Conditions for Rental
These General Conditions for Rental do not, under any circumstances, confer to the RENTER the capacity of employee, proxy, agent or representative of Skiset Wengen.
Moreover, the PARTIES hereby declare that these General Conditions for Rental cannot under any circumstances be considered as a declaration of legal status of any legal person or entity, and that any form of intention to cooperate in a partnership and right to supervise its administration is formally excluded from their relations.
1. The client (renter) is fully responsible for the rented equipment.
2. The rented equipment is not insured. It is possible to purchase a theft and damage insurance that can be added to the rented material. The insurance amounts to 10% of the listed price of the rented equipment. In this case the insurance covers 100% of the equipment value in case of damage and 75% of the equipment value in case of theft.
3. In case of theft or complete damage (without having purchased the insurance in advance) the retail value of the equipment (as advised by the manufacturer ) will be charged on the renter. At the discretion of Skiset W GmbH, a consideration can be taken into account for the eventual valuation due to the previous usage of the equipment.
4. In case of theft of the rented equipment, the renter must immediately report the theft to the local police authority and obtain a Police Incident Report Reference.
5. In case of theft of the rented equipment with the previously purchased insurance (indicated at point 2) the renter must pay a fee of 25%. In case of damage the fee amounts to 0%.
6. In case of damage of the rented equipment due to negligence or intentional damage or partial damage without insurance, the cost for repair will be charged to the renter, according to the price list of the rental shop.
7. The change of rented equipment during the rental period is possible with an article of the same category. Against the payment of a fee it is possible to change the article with an article of higher category. It is not possible to receive a refund in case of change with an article of lower category.
8. The rented equipment must be paid before the day of return. The rented equipment must be returned at the end of the defined and confirmed rental period, in the evening before shop closure or at the latest the next day before 09:30, Equipment returned after that time will be charged to the renter.
9. If the rented equipment is not returned, for any reason, at the end of the confirmed rental period, the lessor will, after 7 days from the return, report theft to the local police authority.
10. The equipment may be returned before the end of the rental period. There is no obligation by the renting shop to refund the renter for early returns. Refunds may be given in the case of sickness/accident showing a valid medical certificate and if Accident Protection Coverage is requested by the Renter in the shop.
11. The renter upon confirmation of payment declares to fully agree with the binding regulation (according to industry-established standards), after having given personal details.
12. With the online booking you can add cancellation insurance to the rented equipment. Cancellation insurance can be purchased adding 2% to the total amount of the price for the rented equipment. Bookings including cancellation insurance can be cancelled up to 48 hours before the start of the rental period. Without cancellation insurance the full price of the booking will be charged.
13. These terms and conditions shall be governed and interpreted in accordance with the law and submit to the exclusive jurisdiction of the courts of the rental country.
14. With the online booking this rental agreement is valid and legally binding.

4.1. Acceptance and modification of the General Conditions for Rental
The RENTER carefully reads and agrees to these conditions before paying any ORDER placed on the WEBSITE.
These General Conditions for Rental are referenced on the WEBSITE by means of a link and should be consulted before placing an order. The RENTER is asked to carefully read, download and print the General Conditions and to keep a copy.
Skiset Wengen recommends that the RENTER reads the General Conditions for each new ORDER. The latest version of the said Conditions is applicable to all new ORDERS.
By clicking on the first button to place the ORDER then on the second to confirm the said ORDER, the RENTER acknowledges having read, understood, and agreed to the General Conditions without restriction or condition.
The General Conditions for Rental are applicable for the entire duration of the period that the ARTICLES are on line.
Skiset Wengen can modify them at any moment. These modifications are effective immediately after they are placed on the WEBSITE.
Only the General Conditions for Rental published the day of the ORDER are applicable to them. They are brought to the knowledge of the RENTER and agreed to by them at the time of the ORDER.

5. Account
Placing an ORDER presupposes the creation of an ACCOUNT for processing the ORDER and therefore the required agreement with the General Conditions of the WEBSITE.

6. The parties’ obligations

6.1: The renter’s obligations
To enable Skiset Wengen to accomplish their obligations under the best possible conditions, the RENTER agrees to:
• Pay the price of the ORDER;
• Provide Skiset Wengen with actual, precise updated information, notably concerning their height, weight and shoe size;
• Compliance with all the applicable laws and rules as well as these General Conditions for Rental;
• Notify Skiset Wengen of any information of which they might have knowledge and which might have an impact on the execution of the AGREEMENT between the Parties;
• Provide the VOUCHER when collecting ARTICLES;

6.2: SkiWengen GmbH – Skiset Wengen obligations
Skiset Wengen agrees to do everything in their power to rent the ARTICLES under the conditions mentioned in these General Conditions for Rental.

7. Articles
Every effort is made to ensure that the pictures of the ARTICLES that appear on the WEBSITE are exactly those of the original ARTICLES.
Nevertheless, please remember that Skiset Wengen rents ARTICLES and does not manufacture them. Therefore Skiset Wengen is not responsible for differences over which it has no control or for minor differences.
The RENTER can reserve:
• Either from a category of ARTICLES indicated on the WEBSITE and in this document as the “STANDARD OFFER”;
• Or from a choice of a particular model of an ARTICLE referred to in this document as the “SELECTION OFFER”.
on condition that the RENTER indicates their size, shoe size and weight.
Each Skiset Wengen shop can choose the SELECTION OFFER.
Since the Skiset Wengen SELECTION OFFER is based on a choice by model, it is available on reservation up to 7 days prior to collection of the article.
The SELECTION OFFER provides the RENTER with:
• An exclusive selection of that year’s models of skis;
• The possibility to choose the desired model of skis;
• The assurance for the renter of being provided with an article from a superior model in case the selected ARTICLE is not available, or at least to have the benefit of a model that is equivalent to the one they ordered.
In fact, Skiset Wengen cannot predict whether or not the previous RENTERS will return the equipment. ARTICLES might be damaged, lost or stolen. This is why, as far as possible, SKISET agrees to provide the RENTER with an article from a superior model if they cannot obtain the model they ordered on line.

8. ORDER

8.1: Conditions for placing an order
The RENTER must be at least eighteen (18) years old and have the legal capacity required to place and honour all ORDERS, or must have authorisation to place and honour all ORDERS and be able to provide proof at any moment on simple request by Skiset Wengen.
The RENTER shall be asked to provide information that enables their identification by completing the form available on the WEBSITE. The (*) sign indicates the required fields which must be filled out for the RENTER’S order to be processed by Skiset Wengen. The RENTER can verify the status of their order on the WEBSITE. The information that the RENTER transmits to Skiset Wengen at the time of an order must be complete, precise and updated. Skiset Wengen reserves the right to ask the RENTER to confirm, by any appropriate means, their identity, eligibility and the transmitted information.

8.2: The ordering process
ORDERS are placed directly on the WEBSITE. To place and ORDER, the RENTER must follow the steps below (however, please note that according to the RENTER’S startup page the steps might be slightly different).
To place an ORDER, the RENTER must follow the instructions below:
• Select the desired duration of rental;
• Choose the resort and then the shop where the ARTICLE(S) will be collected;
• Choose the desired ARTICLE(S) with or without ski boots according to the level of experience and the intended use;
• Choose whether you wish to have the “Breakage/Theft” guarantee;
• Indicate your size, weight and shoe size, if necessary, so that the equipment can be prepared ahead of time;
• Read and Agree to these General Conditions for Rental before validating the ORDER.
After validating the ORDER, if this has not yet been done, the RENTER must create an account by filling out a form or entering his login information.
The RENTER agrees to carefully read the ORDER summary, which he can modify at any moment before clicking on the “PAY” button.
The RENTER then chooses their payment method and proceeds with payment. The RENTER may be sent to a secured payment platform that enables online payment.
Upon confirmation by the RENTER, the ORDER shall be sent to Skiset W GmbH for processing. Skiset Wengen shall send an acknowledgement of receipt by e-mail to the RENTER, on receipt of the ORDER.
The RENTER shall receive an e-mail informing them whether or not the reservation and availability of the selected ARTICLE(S) were confirmed. If the availability of the ARTICLES is confirmed, if applicable, Skiset Wengen shall send the RENTER an e-mail confirming the ORDER with:
• A VOUCHER on which the following are indicated:
o – the date and time of collection of the ARTICLE;
o – the date and time of return of the ARTICLE;
o – the list of ARTICLES rented and their characteristics;
o – the options chosen;
o – the shop where the ARTICLE is to be collected;
• these General Conditions for Rental on a durable legible medium.
The RENTER shall print the VOUCHER which must be given in at the shop where the ARTICLE(S) is (are) to be collected.

Regardless of the method of ORDER, ORDERS cannot be conditional: they are final.

It is hereby specified that no ORDER can be taken into account if it is not immediately followed by the corresponding secured payment by bank card or by any other means of payment proposed on the WEBSITE.
Skiset Wengen accepts no liability concerning the choice of ARTICLES, the number of ARTICLES and the duration of rental chosen by the RENTER if they do not correspond with the RENTER’S expectations or needs.

9. Price
The prices indicated on the WEBSITE may change, notably in case of special offers and sales.
The applicable price for the RENTER is the one shown on the WEBSITE at the time of the finalisation of the AGREEMENT, taking into account the category of equipment reserved as well as the number of days of rental, and if applicable, including the cost of the “Breakage/Theft” guarantee (option), unless there is an obvious error in the posting of the price of the ARTICLE (Ridiculous price).
Prices are indicated Swiss Francs (CHF) including Swiss tax (MwsT) at the applicable rate on the day of finalisation of the AGREEMENT.
Prices given in currencies other than Swiss Francs are provided for information only, and as far as possible, take into account the rate of exchange. This indication does not constitute a commitment at any moment.
The ORDER is payable in Swiss Francs according to the country.
The total amount of the ORDER appears at the second stage of the process of placing the ORDER.

Liability for links
References and links to third party websites lie outside the scope of our responsibility.
No liability of any kind is assumed for such websites. Access to and the use of such websites occurs entirely
at the user’s own risk.

Privacy Policy for the utilization of Google Analytics
This website uses Google Analytics, an advertising analysis service of Google Inc. (‘Google’).

Google Analytics uses so-called ‘cookies’, text files that are stored on your computer
text files which are saved on your computer and enable analysis of the use of a website.
The information generated by the cookie regarding your use of this website is
transmitted to a Google server in the USA and stored there. In the event of activation of the IP anonymizer on this website, Google will, within member states of the European Union or in other signatory states of the European Economic Area, abbreviate your IP address in advance.
Only in exceptional cases is the full IP address transmitted to a server in the USA and shortened there. Google will use this information to evaluate your use
of the website, to produce reports on website activities for their operators,
and to provide other services related to the use of the website and
the internet. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information
on Google’s behalf.
Google will not associate the IP address
transmitted by your browser in the context of Google Analytics with any other data held by Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.