GENERAL TERMS AND CONDITIONS OF RENTAL (VERSION: 25.05.2018)
The general terms and conditions apply to the sale and rental of sports equipment through the company MIETSKI.COM GMBH, also refered to in the contract as "MIETSKI", "we", "our" or "us". Alterations of the terms and conditions for the buyer/renter are only valid with written confirmation from us. By ticking the checkbox in the shopping cart before submitting the order, "Yes, I have read the terms and accepted", the customer agrees to these general terms and conditions of rental and is bound to it.
2. Confirmation of contract
The order is only valid once you complete the booking at MIETSKI.COM and you receive an e-mail receipt confirming your booking with us with the details of the booking (booking confirmation).
3. Booking process, booking ammendments and booking abandonment
Once you have chosen the desired product, you can click on the button (add to shopping cart) to add it to your shopping cart. This is non binding. You can view the contents of the shopping cart by clicking on the icon (top right in the browser). You can remove any items from the shopping cart at any time by clicking the delete button. When you want to rent the products in your shopping cart, click on the next button. Please enter your personal details. Your data will then be securely transferred. Once you have entered your details and chosen the payment method, by clicking on the payment confirmation button, you will arrive at the summary page where you can check your details. By clicking on the ( ) button, your process is completed. The booking process can be cancelled at any time by closing the browser. We save the contract data and you will receive a confirmation email otherwise known as a booking confirmation or rental agreement. In the email, you can view or change your details up to 24 hours before the pick up time and date.
4. Contract language
The contract and order content and all other information, customer service, data information and complaints can be made in the German language.
5. Features of the rental contract
The use of our rental equipment is subject to the rights and duties contained in this agreement, which may not be transferred by you. The rental equipment is our property and any attempted transfer or sub-letting by a person other than by us is invalid. We allow you to use the rented equipment exclusively to the conditions of this rental agreement.
6. Who is allowed to use the rental equipment
The rental equipment can only be used by you.
7. Pick-up, delivery and return of equipment
a. The ordered items/rental equipment is provided at the agreed MIETSKI rental shop for pickup. We do not deliver to your home address or vacation address.
b. We will provide the available rental equipment in an overall good operating condition (preparation and wax of the base, sharpened edges). c. You agree to return our rental equipment in the same condition as when rented, subject to normal wear, with all accessories and at the specified place in this rental agreement and at the time specified in this contract.
d. Together, the condition of the rental equipment is checked at the beginning of the rental period and when the equipment is returned.
e. The rental equipment must be returned to the agreed MIETSKI shop during normal business hours of the shop.
f. Should you fail to return the rental equipment by the specified time as stated in the rental agreement, we will, for each day/part of a day that the rental equipment is overdue, charge a fee for the additional day/s at the daily rate plus if necessary, any other fees for additional services.
g. Late pick up or an early return of the rental equipment does not lead to a decrease of the rent.
8. Liability for loss or damage
a. The insurance protection package covers the ski including poles or snowboard incuding bindings, 100% against theft, loss and damage (breakages, damage to the edges and the running surface). This protection package is mandatory with our discounted rates.
b. If the loss, damage or theft is caused intentionally or through gross negligence, the terms of this agreement are not adhered to, or the protection package is not purchased then you will bear all of the associated costs. Examples of gross negligence includes leaving the equipment unattended after 20:00 in the open where it could be taken/stolen, Using the skis/snowboard on pavements, car parks or streets where the base becomes damaged.
c. If the equipment is taken from the ski room of your hotel/accommodation or a ski depot (stolen), the hotel/accommodation or ski depot is then liable.
9. Procedure for theft and vandalism
You must register the loss or theft of the rental equipment immediately with the police and MIETSKI. MIETSKI will send all required information of the rented equipment to the police. A police report will be issued which you will need to bring to the shop in person or by email. In the case of a breach against the duty to inform us, the theft protection will become null and void and you will be liable for the limitation of liability and extended limitation of liability. All costs will be met by you.
MIETSKI reserves the right at any time to make an equivalent replacement of the rental equipment, if for example it is deemed necessary or due to the condition of the rental equipment.
We offer the following payment methods:
By Creditcard (Mastercard/Visa)*
Payment from your card will be debited on the same day. The following data will need tob e provided: Cardholders name, card number, Crdeit card provider, Valid date, CVS number. The data is transferred by SSL encrytment with a minimum of 128 Bit code and are therefore not available to see for unauthorised persons.
With this method, the open amount must be transferred within 5 working days after the booking has been made.
*There are no transaction costs.
12. Delayed payment/default payment
If there is a delay in payment from the customer, we are entitled by law to charge a fee for late payment. The law states we can charge 4 % of the original cost.
13. Payment reminders and expenses of collection
In case of delay with his contractual obligations, the customer shall undertake to recompense our company for the appropriate legal pursuit of necessary reminder and collection fees as long as these are in a reasonable proportion to the account presented. In particular, the customer shall undertake to recompense as a maximum the payments made to the collection agency. Furthermore, the customer shall undertake to pay an amount of € 12 for each reminder
14. Right of Withdrawal
You may cancel your booking within 14 days from when the booking was made, without giving reason, in written form only (E.g. letter, E-Mail). The time limit begins when you recieve a booking confirmation. The cancellation period is sufficient to send the cancellation notice . The cancellation notice must be addressed to: MIETSKI.COM GMBH-Gewerbepark 27 f, A-6262 Schlitters or email: email@example.com You may also use our cancellation form: cancellation form. We will confirm the cancellation request by email. Process of a cancellation: When you have confirmed you wish to cancel your booking, we will refund you the whole amount within 14 days of when we received the request. No charges will be incurred by you. If a cancellation is during the rental period, a refund will be calculated based upon how many days the rental equipment has been used. If the customer is a business, a cancellation is not possible.
15. Cancellation via the internet
Cancellations 24 hours prior to arrival are free of charge provided the insurance protection package has been booked. You receive the rental price for the booked items, excluding the cost of the protection package. Cancellation of the policy must be made during the normal business hours of Mietski: Cancellation - Form: https://www.mietski.com/en/service/cancellation/ If no insurance protection against theft, damage and cancellation is booked, the booking cannot be cancelled.
a. Prices include 20% VAT at the time of booking. Binding adjustment, ski servicing and poles are included in the price.
b. Shipping costs for delivery of goods to the home address will be given before booking completion.
c. The settlement must be made in euro.
d. The rental price is calculated for a minimum of one day rental (24 hour period).
e. The insurance protection package against theft, damage and cancellation is a compulsory component in our promotional prices/offers.
f. Discounts offered after a booking is made cannot be retrospecively applied.
g. We reserve the right to change prices at any time. Existing contracts will not be affected.
Extra services or additional expenses will be charged based on our pricing list.
18. Limitation of Liability
a. Subject to Condition 15.b. we are not liable to you or any third party for any loss or damage arising from the rental period, other than as a result of gross negligence or intent on our part or any other breach of this lease by us. We are not liable for any indirect or unforeseeable loss or damage, including lost profits.
b. As intended by the paragraph 15.a, our liability for death or personal injury as a result of our acts or omissions or any other liability that can not be lawfully excluded, can not be excluded or limited.
19. Data Protection/Privacy
Protecting your privacy is very important to us. We use your data in accordance with the General Data Protection Regulation (GDPR, 2003).The following explanation will inform you in what manner, the extent and to what purpose we use your data for.
We, MIETSKI.COM GmbH, are responsible for the correct use of data in accordance with the new rules. Should you have any questions about how we obtain, convert and use your personal data then please contact us by writing to: David Wolfart, Gewerbepark 27F, Schlitters, firstname.lastname@example.org
Collection and processing of your data
You can visit our website without giving any information about yourself. If you would like to purchase, subscribe to our newsletter or use certain features of our website, personal data is acquired.
In order for you to purchase online and process your order, we need the following customer information; first name, last name, E-mail address, street, postcode, city, phone number, Age, Sex, Skiing ability, weight and height.
The necessary data for the handling of payments with regard to credit card payments and/or SOFORT transfers are transfered to our payment partner Fa. WIRECARD (www.wirecard.at). Our partners encrypt the credit card details by SSL (minimum of 128 Bit). You will find more information on how our partner company processes your data in their data protection policy at www.wirecard.at/datenschutz/.
The information you provide is used for the processing of your booking and completion of the contract between yourself and us. The data processing is in accordance with the legal provision as stated in Art 6 Abs 1 lit b DS-GVO ( in accordance with the german version). After the complete process of the contract and payment has been completed, the data is archived and deleted once we have adhered to all financial and commercial law as well as law of product liabillity should you request to not want us to store the data. In the case of a booking being not completed ( no booking confirmation is provided), the data will be deleted.
Personal data will only be transfered to third parties or made available when it is deemed necessary in order to fulfill a contract or payment and you have agreed to this. With regards to booking processes this can be to any service providers we use (eg. Delivery services, logistic companies or payment companies) who would need your data in order to complete a transaction. In the event of a provision of law, an official directive or other similar official premilarily investigation we are legally obliged to provide all relevant data.
Newsletter, request for ski resort information or discount codes
When you register on our website and have given us your permission (Art 6 Abs 1 lit a DS-GVO), we will use you name and E-Mail address fort he purpose of sending you newsletters and other service mails. Your information will be saved until we receive confirmation from you that you no longer want us to save this informtion.
You can revoke your consent at any time either by sending us an email at email@example.com or by clicking on the link at the end of each email.
This website uses Google Analytics, a web analytics service provided by Google LLC. ("Google"). 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses so-called "Cookies", text files that are stored on your computer and allow an analysis of your use of the website by you. We have a contract with google that allows them to obtain data.
The information generated by the cookie about your use of the website (including your IP address) will be anonymisied before it is saved to a Google server in the USA so that it cannot be assigned to a specific computer. Only in a few cases is the full IP Address transferred tot he server of Google in the USA where it will be shortened. Google uses this information to evaluate your use of the website, compiling reports on website activity for website operators and providing others with website and internet related services. Google will not associate your IP address with any other data held by Google. To find out more information about how Google uses your personal data at Google Analytics, please visit their Data Protection explanation at https://support.google.com/analytics/answer/6004245?hl=de.
You can prevent the acquisition of data through cookies and your usage of websites as well as the converting of anonymised data from Google by downloading and installing the following Browser –Plugin : https://tools.google.com/dlpage/gaoptout?hl=de However, we would like to point out that you may not be able to use all functions of this website in this case.
Use of Social Media Plugins
We use Plugins from social media networks (Facebook) which is administered by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA, www.facebook.com. Hier we use a 2 step method once we have your permission in accordance with Art 6 Abs 1 lit f DS-GVO in which we could share data with the operator of social networks and only when the use clicks on the icon and gives permission tot he operator. Only once the permission has been granted, can a connection between your Browser and the corresponding social network be established.
The social network can receive information through Plugins about your visit to our website. When you are logged on to Facebook, your visit can be assigned to your account. Any interaction with the Plugin can be saved from the operator of the social network.
For information about the use of data from the social media network can be found on the website of the Facebook Inc. In the area „Data Protection“ or „privacy“ under the URL www.facebook.com/privacy/explanation.
Your contract data is encrypted using SSL (128 bits) transmitted over the Internet. We secure our website and other systems through technical and organisational measures against loss, destruction, access, modification or distribution of your data by unauthorised persons.
Right to Information
You have the right to free information about your stored data, and the right to correct, block or delete this data if it is legally possible. You can revoke the process and have the the right to transfer your personal data in a structured and maschine readable form. Information, complaints and data information can be retrieved from firstname.lastname@example.org
Right to Complain
You have the right to make a complaint at the regulating authority. In Austria, this ist he Österreichische Datenschutzbehörde, Wickenburggasse 8, 1080 Wien, Telefon: +43 1 52 152-0, E-Mail: email@example.com, Web: https://www.dsb.gv.at
20. Warranty, guarantee
The warranty is limited from 1.1.2002 on the statutory stipulated period of 24 months. Contested defects are either free replacement or improvement, for which a reasonable period must be given. If a replacement or improvement is not considered possible (due to high cost, unreasonable delay period or avaliability), then the buyer is entitled to a price reduction or if the defect is not minor, cancellation of the contract (rescission). Possible defects have to be reported if possible at delivery, or after they become visible. Failure to do this will have have no adverse legal consequences for the customer, the consumer as meant by the Consumer Protection Act. The presence of slight or gross negligence, provided it is not normal wear and tear, is required to be proved by the customer. This does not apply to personal injury or normal wear and tear. The replacement of (defects) consequential damages and any other damages, financial losses and damage to third parties against the customer, unless it is normal wear and tear is excluded. Our company as operator of the Disclaimer webshops provide the services with the greatest care, but is not liable for third parties, or third party related services. Unser Unternehmen als Betreiber des im Impressum genannten Webshops erbringt die Leistungen mit größter Sorgfalt, haftet aber nicht für die von Dritten zur Verfügung gestellten bzw. von Dritten bezogenen Leistungen. The warranty from the guarantor (manufacturer / sometimes the seller if this is the manufacturer) should be applicable and in accordance with the provisions. The legal warranty is not limited by the guarantee. Our company is only liable for damages caused by intent or gross negligence.
21. Applicable Law, Place for Jurisdiction
The contracting parties agree on the application of Austrian law. Has the consumer domicile or habitual residence or domestically employed, only the jurisdiction of the court can be established for an action against him in whose district residence, habitual residence or place of residence are Employment is; this does not apply to legal disputes that have already arisen. The UN Purchase law as well as all provisions relating to the UN Sales Convention expressly excluded.
22. Place of Fulfilment
The place of fulfilment for all services under the contract is the main office of our company.
All news, graphics and the design of the website of the company MIETSKI.COM GMBH are for the personal information of our customers and is protected by copyright.
24. Arbitration Body
We recognise the internet ombudsman as the out of court dispute resolution service.:
www.ombudsmann.at Internet Ombudsmann Margaretenstraﬂe 70/2/10 A-1050 Wien
More information about the process is available at www.ombudsmann.at
Dispute settlements can also be settled using the OS-Platform: http://ec.europa.eu/consumers/odr
Our E-Mail-Address: firstname.lastname@example.org
25. Storage of Contract
The contract in written form is saved by us and after a booking has been processed can be requested by yourself. You may print out the booking data once we have sent it to you. You can therefore use either the site „Your booking“ or the mail „your booking confirmation“.
The invalidity, nullity or annulment of individual provisions shall not affect the validity of the remaining provisions of these Terms and Conditions. Compensation claims within the meaning of the Product Liability Act are excluded, unless the claimant can show that the error was caused in our sphere and has been casued by gross negligence.
is an online store of
MIETSKI.COM GMBH, Gewerbepark 27 F, 6262 Schlitters im Zillertal, Österreich Telefon: +43 7213 21200
You can reach us from Monday to Saturday 08:30-12:00 and 13:00-18:00 Information, data, information and complaints to: email@example.com
Commercial Court: Handelsgericht Innsbruck; FN: 301320v; UID: ATU63757278
Regulatory Authority: Bezirkshauptmannschaft Schwaz, Franz-Josef-Str. 25, A-6130 Schwaz, http://www.tirol.gv.at/bezirke/schwaz/
The Austrian Federal Economic Chamber: Wirtschaftskammer Österreich, Wiedner Hauptstraße 63, A-1045 Wien, http://www.wko.at Wirtschaftskammer Tirol, Fachgruppe Tourismus und Freizeitwirtschaft, Meinhardstraße 12, A-6020 Innsbruck, http://wko.at/tirol/tourismus
Applicable Commercial and Professional regulator: Trade regulator, http://www.ris.bka.gv.at
Voluntary code of conduct: www.guetezeichen.at
Disclosure according to § 25 Media Act: Media owner and publisher: MIETSKI.COM GMBH;
CEO: David Wolfart
Business purpose: Tourism services, rental of equipment