General Terms and Conditions for Ski and Snowboard Equipment Rental
United Brands Winter Sports
Article 1: General Provisions
1.1 The stated terms and conditions apply to the rental agreement concluded between PM Yellowstone NV (hereinafter referred to as "United Brands" or "lessor") and the natural person identified on the rental form (hereinafter referred to as "renter").
1.2 The rental agreement is concluded for a fixed term. The duration of the rental agreement is specified in the rental form.
1.3 The renter is aware that the use of rented equipment entails risks (loss, theft, and damage to the rented equipment). Under no circumstances can these risks be claimed from the equipment manufacturer or the lessor.
1.4 Upon completion of the rental form, the renter declares that the rental information provided is correct, enabling United Brands to provide the correct equipment in the correct condition and configuration.
1.5 The renter acknowledges having checked the condition and adjustment of the rented materials upon receipt.
1.6 The renter may not sublet the rented items.
1.7 Upon concluding the rental agreement, the renter acknowledges the applicable terms and conditions.
Article 2: The Agreement
2.1 The binding rental agreement is concluded when the rental receipt, confirmed by United Brands, is delivered to the renter. The rental receipt contains a description of the rented materials, the renter's identification information, and the start and end dates of the rental agreement.
2.2 If United Brands is unable to provide the requested materials on the stated start date due to unavailability of the material or other reasons, United Brands will attempt, in consultation with the renter, to provide a comparable item. In that case, the renter has the right to accept the revised rental receipt or cancel the order. In the event of cancellation, United Brands will fully refund any prepaid amounts.
Article 3: Rental Price and Payment Terms
3.1 The rental price is stated on the rental receipt and applies to the rental of the materials from the start date to the end date stated on the rental receipt.
3.2 If rented materials are returned before the end date stated on the rental receipt, United Brands will not charge a reduction in the rental price. If the use of the rented materials exceeds the end date stated on the rental receipt, the rental price will be increased pro rata, taking into account the additional days.
3.3 The time at which the rented materials can be collected by the renter will be agreed upon by mutual agreement between the renter and the lessor.
Article 4: Rental Term
4.1 The rental commences when the renter or their authorized representative takes delivery of the rented materials at the lessor's collection locations. The renter who fails to collect or accept the equipment at the agreed time remains fully bound by the agreement for the rental period stated in the rental receipt or a period at least equal to the estimated rental duration, including any compensation. Any promises made by the lessor regarding the delivery date are non-binding and do not constitute grounds for terminating the agreement or for compensation.
4.2 The rental period ends when expressly concluded for a fixed term, on the agreed date, without the lessor being able to invoke tacit renewal.
As soon as the rental period ends, the renter is automatically and without any notice required to return the rented equipment. From that moment on, the lessor has the right to have the rented equipment retrieved, without recourse to the courts, regardless of its location. All costs for the lessor's retrieval of the rented equipment are borne by the renter. For each day of delay in returning the rented materials, the renter will be liable to pay compensation equal to 30% of the weekly rental price, without prejudice to the lessor's right to claim additional damages.
Article 5: Delivery and Risk
5.1 Prior to rental, the rented items will be carefully inspected and tested by United Brands. Any existing damage will be reported to the renter upon collection and noted on the rental receipt.
5.2 The renter is expected to inspect the rented materials upon receipt. Any damage or defects to the rented materials must be reported in writing by the renter within 24 hours of receipt.
5.3 If the renter has not reported any damage or defects within 24 hours of receipt, the rented materials are deemed to have been delivered in the condition described on the rental receipt.
5.4 If the renter has reported any damage or defects in a timely manner and the rented materials do not comply with the terms of the rental agreement, United Brands will provide alternative materials to the best of its ability.
Temporary, reported damage or defects constitute legitimate grounds for canceling the agreement and entitle the renter to a full refund of the rental price and the relevant rental deposit. The renter is not entitled to compensation for lost profits from the lessor and/or claims from third parties.
5.5 Rented items can be insured through United Brands. This insurance covers damage to or theft of the rented equipment during the agreed rental period.
Coverage applies to all items insured under the rental agreement.
Theft will only be recognized if an original police report (Police Report) can be presented, drawn up by the local police at the destination or location of the theft (testimonies or statements from third parties are not valid proof of theft). This police report can be presented up to one day after the agreed rental period has expired and only at the store where the rental agreement was drawn up.
If a valid police report is not available, If equipment is missing upon return, the standard terms and conditions of the ski rental service apply.
5.6 The renter bears the risk of loss, theft, and damage to the rented equipment for the entire rental period, starting at the time of collection and ending at the time of return.
5.7 The rental company delivers equipment in good condition. Inspection and counting by the renter always takes place at the rental company's collection locations. Upon receipt of the rented equipment, the renter confirms the correct number and good condition of the equipment. Any objections must be noted on the rental form retained by the rental company; failing this, all claims against the rental company will be forfeited. Collection and receipt by the renter or their authorized representative constitutes irrevocable acceptance.
5.8 The renter is liable for returning the rented equipment in the condition and quantity in which it was delivered. Without prejudice to recourse against third parties, the tenant is liable for any loss, damage, difference, and depreciation, without being able to invoke any fault or intent of third parties, chance, or force majeure against the landlord.
5.9 The tenant is also liable, throughout the entire rental period, for any damage or inconvenience that the rented property, or its use, even if not faulty, may cause to third parties. The tenant will indemnify the landlord against any liability for compensation for damage to third parties arising from or in connection with the rented property or its use, or caused by any defect in the property.
5.10 If repairs become necessary due to normal wear and tear, the tenant must immediately notify the landlord. The landlord will then carry out the work itself or have it carried out by others at its expense, at no cost to the tenant. The time required for care, maintenance, and any necessary repairs is included in the rental period, except when the repairs are necessary due to normal wear and tear. However, the tenant is not entitled to compensation based on any interruption in the use of the rented property, nor does it entitle the tenant to terminate the lease. The tenant may not carry out or have any repairs carried out, but must notify the landlord of any work to be carried out. Work made necessary by the tenant's misuse or negligence, or by force majeure or the actions of third parties, must be paid for by the tenant, regardless of the fact that subletting or lending to third parties is prohibited.
Article 6: Cancellation
6.1 In the event of cancellation up to two weeks before the start of the rental period, the paid rental fee will be fully refunded.
6.2 In the event of cancellation less than two weeks before the start of the rental period, the paid rental fee will not be refunded.
Article 7: Liability
7.1 United Brands is only liable for direct damage caused by its intent or gross negligence. The lessor's liability is limited to the net invoice price of the agreement.
7.2 United Brands is not liable for advice provided by it, printing and typographical errors on the website, technical data and information provided by suppliers, or the unforeseeable and reasonably uncontrollable poor quality of the rented items.
7.3 From the moment the rented materials are made available to the renter, the renter is fully liable for theft, loss, damage, breakage, and any reduction in quality of the rented materials, regardless of the cause. The renter is obligated to reimburse United Brands for all resulting costs.