GTC — Rental of recreational equipment

General terms and condi­tions and consumer infor­ma­tion for the rental of recre­ational equipment

Status: July 15, 2023

Holiday complexZum Wildbach GmbHBaren­berg 15f38879 Schierke

Phone: +49 (0) 3 94 55 / 58 99 70Email: info@zum-wildbach.de

§ 1 Scope

1. These General Terms and Condi­tions (GTC — Rental of Leisure Equip­ment) apply to all contracts for the rental of leisure equip­ment, includ­ing extras if applic­a­ble, between us and our customers.
2. Deviat­ing or supple­men­tary terms and condi­tions of the customer which we do not expressly recog­nize shall not apply even if we do not expressly object to them.

§ 2 Contractual partner

You conclude contracts with the:

Holiday ResortZum Wildbach GmbH

§ 3 Conclusion of contract, review and correction, contract languages, codes of conduct

1. The presen­ta­tion of the leisure equipment/rental items (bicycles, cross-country skis & sleds, trail­ers, handcarts, etc.) and extras (bicycle helmet, mobile phone naviga­tion bag, etc.) on our website, stating the rental period you have selected together with our price infor­ma­tion, consti­tutes a binding offer to rent them to you. You can initially place them in the shopping cart without oblig­a­tion and correct your entries at any time before submit­ting your binding order (“rent now”) by using the correc­tion aids provided and explained in the order­ing process. The contract is concluded when you accept the offer to rent the goods contained in the shopping cart at the times speci­fied there by click­ing the order button. Immedi­ately after submit­ting the order, you will receive another confir­ma­tion by email. We ask you to ensure that the email address you have provided is correct and that emails sent by us can be received at this address. Please also check your “spam folder” if neces­sary. Of course, a corre­spond­ing contract can also be concluded in person at our premises, by post, by email or by telephone. 
2. Please note that the conclu­sion of the contract can only be made in German, English and Dutch.
3. We are not subject to any special codes of conduct.

§ 4 Contract text

We save the contract text and send you the booking data and our GTC — Rental of Leisure Equip­ment in text form. The contract text is no longer acces­si­ble via the Inter­net. The GTC — Rental of Leisure Equip­ment remain acces­si­ble via the Internet. 

§ 5 Payment methods

You make the payment in advance by

Bank trans­ferWe will provide you with our bank details in a separate email and ask you to trans­fer the amount or

PayPalTo be able to pay via PayPal, you must be regis­tered there or regis­ter first, authen­ti­cate yourself with your access data and confirm the payment instruc­tion to us, whereby you will be redirected to the PayPal website during the order­ing process.

Under certain circum­stances, we may offer the option to pay in advance on site. Payment is then made in cash, by EC card or credit card (Visa or MasterCard). 

§ 6 Prices, rental day and deposit

1. Stated prices include the applic­a­ble sales tax.
2. The rental day is the respec­tive calen­dar day.
3. Please note that a deposit (currently EUR 25) must be paid in cash per rental item upon collection.

§ 7 Duties of the landlord

1. We are obliged to provide you with the rental items in proper techni­cal condition.
2. If a repair becomes neces­sary during the rental period, we must carry it out or provide you with an appro­pri­ate replace­ment item at the rental station. The commis­sion­ing of other providers for repairs requires our consent, which we will not unrea­son­ably refuse. Costs for repair orders that are carried out without our consent shall be borne by the tenant. 

§ 8 Duties of the tenant

1. All users must famil­iar­ize themselves with the opera­tion of the rental item before using it and, if they do not master the rental item, must request instruc­tion from us.
2. All users must secure the rental items against theft and report loss, defects and damage to us immediately.
3. You are obliged to return the rental item — apart from soiling and wear and tear within the scope of normal use — in the same condi­tion as you received it from us.
4. All users must treat the rental item with care and consideration.

§ 9 Liability

For claims due to damages caused by us, our legal repre­sen­ta­tives or vicar­i­ous agents, we are always liable without limitation

• in the event of injury to life, body or health
• in the event of inten­tional or grossly negli­gent breach of duty
• in the event of guaran­tee promises, insofar as agreed, or
• insofar as the scope of appli­ca­tion of the Product Liabil­ity Act is opened.

In the event of a breach of essen­tial contrac­tual oblig­a­tions, the fulfill­ment of which makes the proper execu­tion of the contract possi­ble in the first place and on whose compli­ance the contrac­tual partner may regularly rely (cardi­nal oblig­a­tions) through slight negli­gence on our part, our legal repre­sen­ta­tives or vicar­i­ous agents, liabil­ity is limited in amount to the damage foresee­able at the time of conclu­sion of the contract, the occur­rence of which must typically be expected.

Other­wise, claims for damages are excluded.

§ 10 Note on the non-existence of a right of withdrawal

We point out that there is no right of withdrawal in accor­dance with § 312 g para. 2 no. 9 BGB. 

§ 11 Dispute resolution

We are not obliged and not willing to partic­i­pate in a dispute resolu­tion proce­dure before a consumer arbitra­tion board.

§ 12 Jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclu­sive place of juris­dic­tion for all disputes arising directly or indirectly from the contrac­tual relation­ship is the regis­tered office of Ferien­an­lage zum Wildbach GmbH. However, we are also entitled to file a lawsuit at the customer’s general place of jurisdiction. 

§ 13 Severability clause

Should individ­ual provi­sions of these GTC — Accom­mo­da­tion be or become wholly or partially invalid, this shall not affect the valid­ity of the contract and its remain­ing provisions.