GTC — Rental of recreational equipment

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

Status: July 15, 2023

Vacation resort
To the torrent GmbH
Baren­berg 15f
38879 Schierke

Phone: +49 (0) 3 94 55 / 58 99 70
E‑mail: 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:

Vacation resort
To the torrent GmbH

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

1. The presen­ta­tion of the leisure equipment/rental objects (bicycles, cross-country skis & sledges, trail­ers, trolleys, etc.) and extras (bicycle helmet, cell phone naviga­tion bag, etc.) on our website, stating the rental period selected by you together with our prices, 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 tools provided and explained for this purpose in the order process. The contract is concluded when you click on the order button to accept the offer to rent the goods contained in the shopping cart at the times speci­fied therein. Immedi­ately after sending the order, you will receive another confir­ma­tion by e‑mail. We ask you to ensure that the email address you provide is accurate and that emails sent to it by us can be received. Please also check your “Spam folder” if neces­sary. Of course, the corre­spond­ing contract can also be concluded among those present at our premises, by mail, e‑mail or telephone.
2. Please note that the contract can only be concluded in German, English and Dutch.
3. We are not subject to any special codes of conduct.

§ 4 Contract text

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

§ 5 Payment methods

You make the payment in advance by

Bank trans­fer
We will give you our bank details in a separate e‑mail and ask you to trans­fer or

PayPal
In order to be able to pay via PayPal, you must be regis­tered there or regis­ter first, legit­imize yourself with your access data and confirm the payment instruc­tion to us, whereby you will be redirected to the PayPal website for this purpose in the order­ing process.

Under certain circum­stances we grant the possi­bil­ity to pay in advance on the spot. Payment is then made in cash, by EC card or credit card (Visa or MasterCard).

§ 6 Prices, rental day and deposit

1. Prices quoted are inclu­sive of the applic­a­ble sales tax.
2. The rental day is the respec­tive calen­dar day.
3. Please note that a deposit (currently EUR 25,-) per rental object is to be paid in cash upon pick-up.

§ 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 shall carry it out or provide you with an appro­pri­ate replace­ment object at the rental station. The commis­sion­ing of other suppli­ers for repair requires our consent, which we will not unrea­son­ably withhold. Costs for repair orders made without our consent shall be borne by the lessee.

§ 8 Duties of the tenant

1. All users must famil­iar­ize themselves with the opera­tion of the rental property before using it and, if they are not profi­cient in the use of the rental property, they must receive instruc­tion from us.
2. All users must secure the rental objects against theft and notify us immedi­ately of any loss, defects or damage.
3. You are obliged to return the rental object — 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 object with care and consideration.

§ 9 Liability

For claims based on damages caused by us, our legal repre­sen­ta­tives or vicar­i­ous agents, we shall always be liable without limitation

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

In the event of a breach of mater­ial contrac­tual oblig­a­tions, the fulfill­ment of which is a prereq­ui­site for the proper execu­tion of the contract and compli­ance with which the contrac­tual partner may regularly rely on (cardi­nal oblig­a­tions) due to slight negli­gence on our part, on the part of our legal repre­sen­ta­tives or vicar­i­ous agents, the liabil­ity shall be limited to the amount of the damage foresee­able at the time of the 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 a right of withdrawal accord­ing to § 312 g para. 2 No. 9 BGB does not exist.

§ 11 Dispute resolution

The European Commis­sion provides a platform for online dispute resolu­tion (OS), which you can find at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE. We are not oblig­ated or willing to partic­i­pate in dispute resolu­tion proceed­ings 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 bring an action at the customer’s general place of jurisdiction.

§ 13 Severability clause

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