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KitzAlps Rental & Store
Skis & Bike
Lendstrasse 8
A-6365 Kirchberg in Tirol
Telephone: +43 (0) 677 61 889 770
Email: office@kitzalpsrental.com
Website: www.kitzalpsrental.com
Managing Director: Florian Margreiter
VAT ID number: ATU75793027
Kitzbühel District Court
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General terms and conditions of business
I. Scope The rental agreement is entered into between "KitzAlps Rental – Ski & Bike, Florian Margeiter" as the lessor on one hand, and the tenant named in the rental agreement on the other hand. These General Terms and Conditions (GTC) form the basis of this rental agreement. By paying the rental fee, the tenant acknowledges having read and agreed to these terms.
II. Handover of Rental Object The rental object has been handed over to the tenant in operational, roadworthy, and clean condition for use at their own risk. It is expressly pointed out that bicycles not intended and approved for road traffic (mountain bikes, e-mountain bikes, enduro bikes, downhill bikes) do not comply with the requirements of the Road Traffic Act (StVO) and its implementing regulations.
III. Use of Rental Object and Assumption of Risk The tenant is obligated to use the rental object exclusively for its intended purpose and in accordance with relevant legal provisions, including adherence to ski slope rules or the Road Traffic Act. The tenant assumes all risks associated with the use of the rental object, and any claims for damages against the lessor are excluded. The tenant assumes the risk upon handover of the rental object and is liable to the lessor for damages arising from any cause, including potential loss of rental income. The tenant is particularly liable for damages resulting from improper use and/or non-compliant use of the rental object. The tenant is solely responsible for any damages caused with the rental object and agrees to secure it against theft when parked. In the event of theft, loss, or the need for repairs, the tenant must immediately inform the lessor and coordinate further actions. The tenant is responsible for damages resulting from non-compliance with this provision. In case of theft or loss, a report will be filed with the relevant law enforcement agency within 24 hours. For the loss or breakage of ski poles, a deductible of €25.00 is to be paid immediately at the lessor's counter. For the loss or breakage of skis, snowboards, or rental boots, the replacement value of the rental object is to be paid immediately at the lessor's counter. For the loss or breakage of bicycles, a deductible of €180 is to be paid immediately at the lessor's counter. For the loss or breakage of helmets, a deductible of €50.00 is to be paid at the lessor's counter.
IV. Rental Price The tenant owes a rental fee as separately agreed upon. The rental price is to be paid in full in advance. No refund or reduction of the rental price is allowed for the early return of the rental object, for any reason.
V. Repairs, Loss, Theft a) Wear and tear repairs: If wear and tear repairs are necessary during the rental period to ensure the operation or roadworthiness of the rental object, they will be carried out by the lessor at their expense. The tenant must bring the rental object to the lessor's location for such repairs. The tenant may only commission repairs at locations other than the lessor's with prior approval; otherwise, the tenant bears the costs. b) Other repairs: The lessor covers the costs of repair work within the scope of the wear and cleaning fee paid by the tenant. Excluded are any grossly negligent damages caused by the tenant during the rental period; in such cases, the tenant bears the repair costs independently. In the case of theft and breakage, refer to Section III.
VI. Lessor's Liability The lessor is liable, apart from the breach of essential contractual obligations, only for gross negligence, i.e., intent, and gross negligence.
VII. Return of Rental Object The tenant is obliged to return the rental object – except for dirt and wear within the scope of proper use – in the same condition as received. The tenant must return the rental object no later than the agreed time and at the agreed location. The return of the rental object should generally take place in the presence of the lessor. If the tenant returns the rental object in the absence of the lessor, the tenant bears the risk for the rental object until it is actually taken over by the lessor.
VIII. Duration of Contract The rental agreement is concluded for the period specified in the invoice. The lessor is entitled to terminate the rental agreement with immediate effect and for important reasons. In the event of premature termination of the rental agreement, the tenant must immediately return the rental object to the lessor's location.
IX. Jurisdiction The contracting parties agree that Austrian law applies to all legal disputes arising from this contract. The exclusive place of jurisdiction is the court having jurisdiction over the lessor's registered office.
X. Rental Conditions
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The rental object must be stored in a locked room at night and during non-use.
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The use of the rental object is at the tenant's own risk.
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The customer acknowledges receiving the rental object in technically flawless condition from the lessor.
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The customer is liable for all personal and property damages, including accident and liability damages, as well as negligent and intentional actions. The customer acknowledges that the lessor is not liable for the listed potential damages or unforeseen events during the rental period.
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The customer is fully responsible for personal and property damages that they inflict on themselves.
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The rental object may only be used by the assigned persons and not by third parties.
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The customer is aware that all bicycles with chain drive do not comply with the StVZO (German Road Traffic Licensing Regulations) due to the lack of lighting. The customer confirms that the use is at their own risk. The customer is responsible for ensuring sufficient and approved lighting. Some rental bikes are not equipped with chain guards. In case of damage (e.g., to pants or skirt), no liability is assumed.
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The Road Traffic Regulations or ski slope rules must be observed.
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For safety reasons, wearing a helmet is recommended for every customer during the use of the rental object.