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1. Scope

These general terms and conditions apply to the processing of rental contracts via the booking platform "www.pesko.ch".

Individual agreements concluded with the customer (lessee) shall take precedence over these GTC. 
Pesko Sport Ltd. reserves the right to change these GTC at any time. All changes will become effective with the publication of the new GTC on the website.

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

Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions and declare that you are authorized to enter into legally binding contracts and that you are at least 18 years old.

2. Contracting party

The contracting party to this rental agreement, in addition to the customer booking on site or online via the booking platform "www.pesko.ch", is Pesko Sport Ltd., Voa Principala 56, 7078 Lenzerheide (hereinafter referred to as the "lessor").

3. Rental item

All winter and summer sports equipment and additional products (skis, snowboards, ski boots, snowboard boots, cross-country skis, cross-country ski sets, touring skis, touring ski sets, helmets, poles, protectors, sleds, bikes, e-bikes, etc.) that can be booked for rental on the booking platform are hereinafter collectively referred to as the rental item and include all winter/summer sports equipment of all categories and age groups. Inquiries (e.g. group inquiries) and bookings (e.g. online booking) are hereinafter uniformly referred to as booking.

4. Rental conditions

4.1. Until full payment of the rental price (online or in the rental store on site) no surrender of the rental item by the lessor.

4.2. Before handing over the rental item, 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. In case of queries by the rental store regarding the age of children or adolescents for whom the customer concludes the rental agreement, an official photo ID attesting to the stated age must be presented to the responsible rental store personnel.

4.3. The booking platform contains the presentation and bookability of rental items 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 rental item in the rental store. Furthermore, the booking information is forwarded to the relevant rental store. After the rental, the customer will automatically receive an email with a request for feedback.

4.4. By completing the booking, the customer confirms the accuracy of his personal data, which is used for the professional setting of the sports equipment. The customer is not allowed to change the setting made by the rental store on his own authority.

5. Duties of the lessee

5.1. The customer is fully responsible for the rented item and must use it with care and in accordance with its function and conditions of use.

5.2. The customer has to check the rental item for defects immediately and on site upon handover. If the rental item 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.

5.3. The lessee must notify the lessor of defects that he is not responsible for remedying himself. If the lessee fails to notify the lessor, he is liable for the damage caused to the lessor.

5.4. The transfer of the rental item to third parties is not permitted. The customer must ensure that the rental item is stored in such a way that confusion or theft is prevented. The rental item is not insured unless insurance is taken out. In case of theft due to violation of the imposed safekeeping obligations, the customer is liable for the current value.

6. Validity

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

6.2. Rentals after 15:00 (except depot and bikes) will be charged only from the following calendar day. If the rental item (except bikes) is returned before 10:00 a.m., the current calendar day will not be charged.

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

6.4. The rental price is valid only for consecutive days.

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

7. Right of withdrawal

7.1. In case of injury or illness of the customer during the rental period, we will refund the money for the remaining rental period, provided that the rental item is returned immediately.

7.2. In case of cancellation, please contact the rental store directly (contact details on booking confirmation) by phone +41 81 385 10 10 or by mail to info@pesko.ch.

8. Return of the rental item

8.1. The customer must return the rental item punctually at the agreed time or in the agreed time window. In the event of late returns, the cost of the rental shall be increased by the corresponding length of delay pro rata temporis and shall be payable upon return.

8.2. The customer must return the rental item in a usable condition. He shall not be liable for defects and wear and tear that occur on the rental item due to the intended use. If the rental item has defects that go beyond the consequences of the intended use, the renter is liable for the repair costs and, where this is not possible or not more favorable, for the current value of the rental item.

8.3. The lessor has to check the rental item for defects immediately and on site after return by the customer. If the defect is not reported within 24h, the rental item is considered to be returned free of defects.

9. Theft or damage to the rental item

The rental item is generally insured against damage (except bicycles). In case of theft, the customer has to pay the current value of the rental item.

In case of willful damage the customer has to pay the repair costs. If repair is not possible for this reason, the customer will replace the current value of the product.

10. Prices, payment and discounts

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

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

Payment processing via Saferpay (American Express, MasterCard, Visa, Maestro, Diners Club, iDEAL, Paypal, TWINT) is carried out by the external payment provider SIX (SIX Payment Services Ltd., Hardturmstrasse 201, 8005 Zurich). There are no additional costs in this regard.

Any other charges arising from the payment not caused by the lessor (bank commissions, bank charges linked to the exchange rate, etc.) shall be borne exclusively by the Customer.

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

11. Binding adjustment

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

In the course of handing over the rental item, a separate safety inspection and adjustment according to ISO 11110 will not be carried out. Upon request and obligatory in case of own equipment (e.g. own ski boot and rental ski or own ski and rental boot) an inspection and adjustment according to ISO standard 11110 will be carried out for a fee.

This adjustment takes about 10 minutes on site. If the customer does not have the rented material checked (ski and boot), the ski binding is adjusted by hand according to the ISO number.

12. Liability

Unlimited liability: We are liable without limitation for direct damages arising from intent and gross negligence. In addition, we are liable for slight negligence for damages resulting from injury to life, body and health of persons.

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

Furthermore, Pesko Sport Ltd. accepts no contractual or non-contractual liability for damage caused by auxiliary persons used to provide the service.

Subject to the foregoing, the total liability under these GTC, regardless of the reason, and to the extent permitted by law, shall be limited to the value of the service received from the customer.

The customer acknowledges that the lessor provides the booking platform without obligation and revocable at any time as a service. The customer therefore has no claim to 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.

13. Exchange

A model change of the rented sports equipment is possible within the pre-booked category free of charge. If a 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.

14. Applicable law

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.

15. Place of performance

The place of performance is the location of the registered office of Pesko Sport Ltd.or of that which results from the individual agreement with the customer.

16. Place of jurisdiction

The exclusive place of jurisdiction shall be at the registered office of Pesko Sport Ltd.. 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.

17. Severability clause

If any provision of these GTC is or becomes 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 that takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time of the conclusion of the contract. The same applies to any gaps in these GTC.

18. Data protection

Your personal data will of course be treated confidentially. For further information on data protection, please refer to the data protection information on our homepage under the heading data protection.