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Please read these GTC carefully before placing a binding order.

I. General Provisions

A. Validity and Operation of the GTC

These General Terms and Conditions (GTC) apply to the contractual relationship between the customer and the retailer Pesko Sport AG.

These GTC contain two types of contracts. The provisions in the chapter "Rental Service" (Chapter II.) apply to the rental business. The provisions in the chapter "Shop" (chapter III.) apply to purchase contracts and the sports equipment service. For both types of contracts, the "General Provisions" (Chapter I.) apply equally.

Individual agreements concluded with the customer take precedence over these GTC.

The contract language is exclusively German. If the present English text and the German text are in conflict, the German text shall prevail in its validity.

B. Capacity to Act

The customer confirms to be of age (i.e. 18 years or older) at the time of the conclusion of the contract and to be duly authorized for the conclusion of the contract if he acts as an organ or representative. If he is not, he is liable for the consequences of the cancellation of the contract and for the resulting damage.

C. Data Protection

Information on the processing of your personal data can be found in the data protection information on our website, available at https://www.pesko.ch/en/data-protection.

D. Applicable Law and Place of Jurisdiction

The contractual relationship, its performance and the claims arising therefrom shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the Hague Convention and private international law, subject to mandatory statutory standards.

The exclusive place of jurisdiction is at the registered office of Pesko Sport AG. The mandatory places of jurisdiction provided for by law remain reserved. We also reserve the right to sue you at your regular place of jurisdiction.

E. Severability Clause

Should any of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time of conclusion of the contract. The same rule applies to any loopholes in these GTC.

F. Amendment of the GTC

These GTC may be modified at any time. All modifications shall become effective upon publication of the new GTC on the website. The relevant point in time for the applicability of the valid GTC is the date of submission of the binding order to us when purchasing a product.

II. Rental Service

The Pesko Sport AG (referred to as lessor in the context of the Rental Service) operates an online booking platform through which various rented objects can be rented.

A. Customer Account

If the customer wishes to rent a rented objects via the online booking platform, he/she must create an online customer account for this purpose.

When registering a customer account, information about completed orders can be viewed and address data can be stored. Registration creates a permanent customer account.

If the customer creates an online account, he/she is responsible for ensuring that the personal data required for registration are truthful and complete. The customer is obliged to treat the personal access data confidentially and not to make them accessible to unauthorized third parties. Should the customer receive indications of misuse of the customer account by third parties, he/she must inform the lessor immediately.

The registration is free of charge. Each customer is only entitled to maintain one customer account. The lessor reserves the right to delete several customer accounts and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.

Furthermore, the lessor is not obliged to accept the registration or the order of a registered customer.

The customer acknowledges that the lessor provides the booking platform without obligation and revocable at any time as a service. Therefore, the customer has no claim to the use and function of the booking platform in general or according to a certain state of the art. In particular, the lessor assumes no responsibility for the uninterrupted availability of the platform and the data managed therein.

Due to the nature of the internet, transmission times and transmission quality of data depend on the load on the internet. In addition, according to the current state of the art, it is not possible to develop and operate software completely free of errors and to exclude all uncertainties in connection with the internet. In this respect, the lessor assumes no liability for (temporary) unavailability of the booking platform or for incorrect transmission of bookings.

B. Conclusion of Contract

The product presentations on the booking platform serve to submit an offer for the conclusion of a contract. By clicking the button "reserving subject to payment", the customer submits a binding offer. The rental of the products is for private use only.

The confirmation of the receipt of the order is made by automated e-mail immediately after sending the order and does not constitute an acceptance of the contract. The contract is concluded with the dispatch of the voucher (reservation confirmation).

The lessor is not obliged to accept an offer of the customer. Any payment already made will be refunded if the offer is rejected. The customer is bound to the offer for 5 days.

The lessor reserves the right to withdraw, replace or exchange the products offered on the website.

C. Booking Procedure

1. Booking

The booking platform contains the presentation and bookability of rented objects of the respective rental store. After completion of the booking process with or without payment, the booking platform automatically generates a voucher (reservation confirmation), which is sent to the customer by e-mail and also makes this voucher available for download on the booking completion page.

With this (printed) voucher, the customer can pick up the booked rented objects in the rental store. Furthermore, the booking information is forwarded to the respective rental store. After the rental, the customer automatically receives an e-mail with a request for feedback.

With the completion of the booking, the customer confirms the accuracy of his personal data, which is used for the professional adjustment of the sports equipment.

 

2. Identification of the Customer on Site

Before the rental equipment is handed over, the customer must present an official photo ID (e.g. passport or driver's license) as well as his (printed) booking confirmation in the rental store and agrees that a copy of these documents will be made. If the rental store has any queries regarding the age of children or adolescents for whom the customer is concluding the rental contract, an official photo ID attesting to the stated age must be presented to the rental store staff responsible.

 

3. Validity of the Booking

The reservation order with regard to the rental object becomes valid upon receipt of the reservation confirmation (voucher).

Rentals after 4:00 p.m. (except depot and bikes) will be charged only from the following calendar day. If the rental object (except bikes and sledges) is returned before 9.30 a.m., the current calendar day will not be charged. Sledges must be returned by 5.30 pm. on the last day of rental. Light Ride sleds must be returned by 10 pm. on the same day (rental day). Summer rental equipment must be returned by close of business on the last day of the rental period.

The rental store keeps the reservation of the rental object until the close of business of the first reservation day. After this period the reservation loses its validity. If the reservation cannot be used for any reason, we will refund any deposit paid for the reservation until the day the reservation begins.

The rental price is valid only for consecutive days.

In the case of online bookings made less than 48 hours in advance, a pick-up on the previous day or the specific desired rented objects cannot be guaranteed in advance, but only the pick-up on the rental day or a rental object from the booked category.

 

 

D. Rental Conditions

1. Handing Over of the Rented Object to the Customer

Until the complete payment of the rental price (online or in the rental store on site) the lessor is not obliged to hand over the rental object.

The customer has to check the rental object immediately and on site for defects upon handover. If the rental object already has defects when it is handed over to the customer, the customer can - if the rental store cannot remedy the defect or cannot provide an equivalent replacement - withdraw from the contract. Otherwise there are no warranty rights.

The customer is fully responsible for the rental object and has to use it according to its function and conditions of use carefully and as intended.

The customer may not change the setting of the sports equipment made by the rental store without authorization.

The use for racing purposes is prohibited.

 

2. Defects Discovered Later

The customer must report to the lessor any defects that he/she is not responsible for eliminating. If the customer fails to report the defect, he/she is liable for the damage caused to the Lessor.

 

3. Prohibition of Subletting and Passing on

The subletting or other passing on of the rented object to third parties is not permitted. The customer shall ensure that the rented object is stored in such a way that any confusion or theft is prevented. The rented object is not insured unless insurance is taken out. In case of theft due to violations of the imposed safekeeping obligations, the customer is liable for the current value.

 

4. Right of Withdrawal

In case of injury or illness of the customer during the rental period, the lessor will refund the money for the remaining rental period, provided that the rented object is returned immediately.

In case of cancellation, the rental store should be contacted directly (contact details on the booking confirmation) by phone +41 (0) 81 385 10 10 or by email info@pesko.ch.

 

5. Return of the Rented Object

The customer has to return the rented object punctually at the agreed time or in the agreed time window. In the event of late return, the cost of the rental shall be increased by the corresponding period of delay pro rata temporis and shall be payable upon return. If the rental equipment is not returned within 5 days after the end of the rental period and the customer does not get in touch within this time, he/she will be reported with theft without further inquiry.

The customer has to return the rented object in a usable condition. The customer shall not be liable for defects and wear that occur on the rented object as a result of its intended use. If the rented object has defects that go beyond the consequences of the intended use, the customer shall be liable for the repair costs and, if this is not possible or not more favorable, for the current value of the rental object.

The lessor shall inspect the rented object for defects immediately and on site after return by the customer. If the defect is not reported within 24 hours, the rented object is considered to be returned without defects.

 

6. Theft or Damage of the Rented Object

The rented object is generally insured against theft and damage. In case of wilful damage the customer has to pay a fee of CHF 100.- in addition to the repair costs. If a repair is not possible for whatever reason, the customer shall pay the current value of the rented object.

In case of a total loss, wilful damage as well as in case of theft/loss of an item (including a sled/sport sled) the customer owes the lessor a fee of CHF 100.--.

If the item reported missing cannot be found and returned within 30 days, the customer will be charged on a time value basis for the item:

1st  season sales price -20%.
2nd season sales price -30%
3rd  season sales price -40%

In case of theft, the customer shall immediately report the loss of the rented item to the lessor. The customer will then receive an information form on which he has to record the necessary data, after which the customer has to file a loss/theft report at the local police station within 24 hours.

 

7. Prices, Payment and Discounts

All prices are inclusive of all taxes and duties applicable at the time of booking and less the optional discount. Prices are shown in Swiss Francs (CHF). Payment is only possible in CHF.

The customer has the option to pay with the means of payment displayed on the website or during the order process. These may change from time to time and country-specific.

The payment conditions result from the means of payment selected during the ordering process (e.g. immediate debit via credit card or TWINT) or from the invoice sent.

Any other fees arising from the payment not caused by the lessor (bank commissions, exchange rate-related bank charges, etc.) are borne exclusively by the customer.

If the customer is in default of payment, he owes a default interest of 5%. The customer may be charged a reminder fee of CHF 5 for each reminder sent to him after the default has occurred. Any collection, legal and court costs shall additionally be borne in full by the customer. The proof and the assertion of a higher damage caused by delay remains reserved.

The stated online discounts (special price advantages of the respective rental store) and/or discount codes cannot be combined with each other.

 

8. Binding Adjustment

Ski boots will be adjusted to the ski binding. If both rented objects are rented, they will comply with the safety specifications of the Advisory Office for Accident Prevention (ISO standard 11110).

In the course of handing over the rented object, a separate safety check and adjustment according to ISO 11110 will not be carried out. If requested and obligatory for own equipment (e.g. own ski boot and rental ski or own ski and rental boot), an inspection and adjustment according to ISO 11110 will be carried out for a fee.

 

9. Data collection sled and sports toboggan run

In connection with the rental of sleds and sports sleds, additional data for each of the mentioned sports equipment pieces is stored with the help of a respective transponder. This enables the customer to call up on Rothornbahn ride results (gameplay), both during day and night operation (Event Light Ride):

  • Time measurements
  • Earned Points
  • Photo

The aim is for sledging on the Rothornbahn to be measurable as a winter leisure and sports competition experience.

Lenzerheide Bergbahnen AG keeps a list of results to view the current ranking. Another element is to send the participants (customers) their respective personal results containing the mentioned data by email.

The legal basis to processes your data for this purpose lies in the fulfillment of a contract in accordance with Article 6 Paragraph 1 Letter b of the EU GDPR.

The data will be deleted after 5 years. A prior deletion remains reserved.

Please note, the game is operated with the technical support and the help of an application from race result AG, Joseph-von-Fraunhofer-Strasse 11, 76327 Pfinztal, Germany. Your game data is stored exclusively on servers of race result AG in Germany. Furthermore, Lenzerheide Bergbahnen AG, Lenzerheide, has access to the gameplay data. The data will not be used for marketing purposes.

 

10. Liability

Unlimited liability: The lessor is liable without limitation for direct damage caused by intent and gross negligence. In addition, he is liable for slight negligence for damages resulting from injury to life, body and health of persons. 

The remaining liability for further damages from contract or tort, in particular but not exclusively also for indirect, consequential damages, etc. is hereby fully excluded.

Furthermore, we do not assume any contractual or non-contractual liability for damages caused by associates used for the performance of the service.

Subject to the foregoing, the total liability under these GTC, regardless of the reason, and to the extent permitted by law, is limited to the value of the service purchased by the customer.

There is a general daytime running light obligation for all e-bike riders. The light obligation applies to all public traffic areas. Even a forest path or a bike trail is considered a public traffic area.

If the light source does not provide the desired performance or if they are defective as a result of a fall, the customer must report this to the lessor immediately. In case of loss or theft, the provisions under paragraph 6 apply.

 

11. Exchange 

A model change of the rented sports equipment within the pre-booked category is free of charge. If a piece of sports equipment is changed to a higher category, the surcharge according to the price list must be paid in advance online or on site. The respective rental conditions of the rental store on site apply.

 

12. Place of Fulfillment

The place of performance is the place of the company headquarters of the lessor or that which results from the individual agreement with the customer.

III. Store

Pesko Sport AG operates an online store through which the customer can conclude purchase contracts for the offered products on the one hand. In the context of the purchase contracts, Pesko Sport AG is hereinafter referred to as the seller. On the other hand, a sports equipment service is also offered via the online store, whereby these are contracts for work and services. In the context of the sports equipment service (hereinafter letter I), Pesko Sport AG is therefore hereinafter referred to as the contractor.

A. Customer Account

If the customer wishes to place an order via the online store, he/she must create an online customer account for this purpose.

When registering a customer account, information about completed orders can be viewed and address data can be stored. Registration creates a permanent customer account.

If the customer creates an online account, he/she is responsible for ensuring that the personal data required for registration are truthful and complete. The customer is obliged to treat the personal access data confidentially and not to make them available to unauthorized third parties. Should the customer receive indications of misuse of the customer account by third parties, he/she must inform the seller immediately.

The registration is free of charge. Each customer is only entitled to maintain one customer account. The right to delete multiple customer accounts and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements is reserved.

Furthermore, there is no obligation to accept the registration or the order of a registered customer.

The customer acknowledges that the booking platform is provided without obligation and revocable at any time as a service. Therefore, the customer has no claim to the use and function of the booking platform in general or according to a certain state of the art. In particular, no responsibility is assumed for the uninterrupted availability of the platform and the data managed therein.

Due to the nature of the internet, transmission times and transmission quality of data depend on the load of the internet. In addition, according to the current state of the art, it is not possible to develop and operate software completely free of errors and to exclude all uncertainties in connection with the internet. In this respect, no liability is assumed for (temporary) unavailability of the booking platform or for faulty transmission of bookings.

B. Conclusion of Contract

The product presentations in the online store serve to submit an offer for the conclusion of a contract. By clicking the button "order with costs" the customer makes a binding offer. The sale of our products and the sports equipment service are for private use only.

The confirmation of receipt of the order is made by automated e-mail immediately after sending the order and does not constitute acceptance of the contract. The contract is concluded with the sending of a separate order confirmation by e-mail or by delivery of the products.

The seller is not obliged to accept an offer from the customer. Any payment already made will be refunded if the offer is rejected. The customer is bound to the offer for 5 days.

The seller reserves the right to withdraw, replace or exchange the products offered on the website.

Prerequisite for a valid conclusion of a contract in the online store is the domicile or registered office of the customer in Switzerland. If the customer is a consumer, he must have the residence in Switzerland and assures this with his order.

C. Prices, Payment, Discounts and Shipping Costs

All prices are inclusive of all taxes and duties applicable at the time of booking and less the optional discount. Prices are displayed in Swiss Francs (CHF). Payment is only possible in CHF.

The customer has the option to pay with the means of payment that are displayed on the website or during the order process. These may change from time to time and may be country-specific.

Any other fees arising from the payment, which are not caused by the seller (bank commissions, exchange rate-related bank fees, etc.) shall be borne exclusively by the customer.

The terms of payment result from the means of payment selected during the ordering process (e.g. direct debit via credit card or TWINT) or from the invoice sent.

If the customer is in default of payment, he owes a default interest of 5%. The customer may be charged a reminder fee of CHF 5 for each reminder sent to him/her after the default has occurred. Any collection, legal and court costs shall additionally be borne in full by the customer. The proof and the assertion of a higher damage caused by delay remains reserved.

The stated online discounts (special price advantages of the respective rental store) and/or discount codes cannot be combined with each other.

Deliveries are only made to customers with registered office or domicile in Switzerland. Deliveries are generally free of charge, subject to the regulations on returns.

D. Delivery Conditions and Self-Delivery Reservation

Deliveries are only made to delivery addresses located in Switzerland. For deliveries to foreign addresses, please contact the seller directly.

Unless otherwise agreed, products will be delivered from the warehouse to the shipping address provided by the customer.

If not all ordered products are in stock, the seller is entitled to partial deliveries, as far as this is reasonable for the customer. Any deadlines shall only begin with the receipt of the last partial delivery.

The delivery period depends on the place of delivery and the characteristics of the order. It is normally two weeks. With the confirmation of the order, the customer also receives a confirmation of the delivery period.

If the delivery of the products fails due to the fault of the customer despite three attempts of delivery, the seller can withdraw from the contract. Any payments made will be refunded to the customer.

If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, or other obstacles such as force majeure and resulting bottlenecks in our supply chain, the seller may withdraw from the contract. In this case, the customer will be informed immediately and, if necessary, the delivery of a comparable product will be proposed. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately refund any consideration already paid.

E. Retention of Title

Seller shall remain the owner of the Products delivered until the purchase price has been paid in full. For this purpose, the seller may register the retention of title in the public register.

F. Notification of Defects and Warranty

The customer's warranty claims are limited to replacement delivery or removal of defects/rectification to the exclusion of all other claims, in particular rescission, reduction or compensation for indirect and consequential damages. The seller shall decide on replacement delivery or rectification of defects at its own discretion. If subsequent delivery or rectification fails, the customer is entitled to withdraw from the contract in case of substantial defects.

The customer is obliged to inspect the products received immediately and with due care for deviations in quality and quantity and to notify the seller of obvious defects within 3 days of receipt of the products (notice of defects). If the customer receives shortages or defective products that have been damaged in transit, the customer shall immediately notify the seller by e-mail or letter within 3 days of receipt of the products. The same deadline applies to hidden defects discovered later. In case of violation of the obligation to inspect and report defects, the assertion of warranty claims is excluded.

If defects are not reported in time, the customer forfeits his legal and contractual warranty rights. In addition, the customer helps the seller with his complaint to be able to assert claims of the seller against the carrier or the transport insurance.

G. Returns after Withdrawal from the Contract or Defect

If the customer wants to withdraw from the contract after he has already received the product, he can inform the seller within 14 days after receipt of the product and has to return the product within the same period (14 days after receipt of the product). A return can only be made if the product has no defects or damage and is returned in its original packaging with a delivery bill. The postage for the return shipment is at the expense of the customer.

If a return is made due to a defect claimed by the customer, the return must be made according to the instructions and as follows: Upon receipt of notification of a defect, the seller shall send the customer a return form. The product to be returned must be accompanied by the return form and the delivery bill (in the case of an order on account, by the original invoice) and must be posted for return within 5 days of receipt of the return form.

H. Liability

Unlimited liability: The seller shall be liable without limitation for direct damages arising from intent and gross negligence as well as in accordance with the Federal Act on Product Liability. For slight negligence, the seller is liable for damages resulting from injury to life, body and health of persons.

In all other respects, the following limited liability shall apply: Liability for slight negligence shall be limited in amount to the price of the product, to the extent permitted by law. This limitation of liability shall also apply in favor of the seller's associates.

The liability for further damages, especially but not exclusively indirect, consequential damages etc. is completely excluded.

I. Sportgeräte-Service insbesondere

Der Kunde kann im Online-Shop unterschiedliche Sportgeräte-Services buchen. Im Kontext des Sportgeräte-Service wird die Pesko Sport AG als Unternehmer bezeichnet. Für den Sportgeräte-Service sind die Bestimmungen zum Shop (Kapitel III) anwendbar, jedoch unter Ergänzung und Vorbehalt nachfolgender Regelungen:

 

1. Bindungseinstellung

Werden im Rahmen eines Sportgeräte-Service Bindungseinstellung an Ski vorgenommen, so gilt folgendes: Skischuhe werden an die Skibindung angepasst. Sofern die Skischuhe des Kunden im Rahmen des Services verfügbar sind, entsprechen die Bindungseinstellungen den sicherheitstechnischen Vorgaben der Beratungsstelle für Unfallverhütung (ISO-Norm 11110).

Im Zuge der Rückgabe des Sportgeräts an den Kunden wird eine gesonderte sicherheitstechnische Überprüfung und Einstellung nach ISO 11110 nicht mehr vorgenommen. 

 

2. Übergabe und Rückgabe des Sportgeräts

Die Übergabe und Rückgabe des Sportgeräts richtet sich nach der individuellen Vereinbarung zwischen dem Kunden und dem Unternehmer.

 

3. Mängelrüge und Gewährleistung

Der Kunde ist verpflichtet, das Sportgerät bei Rückgabe nach abgeschlossenem Service unverzüglich und mit der gebotenen Sorgfalt zu prüfen und dem Unternehmer offensichtliche Mängel der Serviceleistung binnen 3 Tagen ab Erhalt des Geräts anzuzeigen (Mängelrüge). Dieselbe Frist gilt auch für später festgestellte versteckte Mängel. Bei Verletzung der Untersuchungs- und Rügepflicht ist die Geltendmachung der Gewährleistungsansprüche ausgeschlossen.

Werden Mängel nicht rechtzeitig gerügt, verwirkt der Kunde seine gesetzlichen und vertraglichen Gewährleistungsrechte. Darüber hinaus hilft der Kunde dem Unternehmer mit seiner Rüge, Ansprüche des Unternehmers gegenüber dem Transporteur bzw. der Transportversicherung geltend machen zu können.

Die Gewährleistungsansprüche des Kunden beschränken sich auf die Nachbesserung unter Ausschluss aller anderen Ansprüche, insbesondere der Minderung des Werklohns oder dem Ersatz von mittelbaren Schäden und Folgeschäden.