General terms and conditions and consumer information for the rental of recreational equipment
Status: July 15, 2023
To the torrent GmbH
Phone: +49 (0) 3 94 55 / 58 99 70
§ 1 Scope
- 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.
- 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:
To the torrent GmbH
§ 3 Conclusion of contract, review and correction, contract languages, codes of conduct
- 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.
- Please note that the contract can only be concluded in German, English and Dutch.
- 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
We will give you our bank details in a separate e‑mail and ask you to transfer or
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
- Prices quoted are inclusive of the applicable sales tax.
- The rental day is the respective calendar day.
- 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
- We are obliged to provide you with the rental items in proper technical condition.
- 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
- 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.
- All users must secure the rental objects against theft and notify us immediately of any loss, defects or damage.
- 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.
- 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.