INTERSPORT RENT Reservation and Rental Terms and Conditions
These reservation and rental terms form the basis of the contracts concluded between Sporthaus Olympia GmbH & Co. KG, Company Register No.: 44324h, 6094 Axams, Innsbrucker Str. 53 (hereinafter the “Dealer”) on the one hand and the customer (hereinafter the “Customer”) on the other, regarding the reservation and rental of sports equipment from dealers.
The INTERSPORT Rent platform is a browser-based reservation portal through which customers can reserve sports equipment for subsequent rental at Intersport dealers. The reservation is a free service provided by INTERSPORT; the paid rental agreement (“Rental”) is concluded on site at the dealer’s business premises between the Customer and the Dealer at the Customer’s initiative. Neither the Customer nor the Dealer is obliged to enter into a paid contractual relationship based on a reservation via the INTERSPORT Rent platform. These reservation and rental terms govern both the legal relationship between the Customer and Intersport and—if a subsequent contract is concluded—between the Customer and the respective Dealer.
1. Scope of the Terms of Use & Definitions
1.1. All services provided by INTERSPORT and Dealers to Customers in connection with the reservation and rental of sports equipment via a reservation on the INTERSPORT Rent platform are rendered exclusively on the basis of these reservation and rental terms.
1.2. Dealer: The Dealer is a contracting partner of INTERSPORT and operates a sports equipment rental service in which it independently of INTERSPORT offers sporting goods and accessories (“Rental Item”) for a fee in accordance with these Terms of Use.
1.3. Customer: The Customer is a user of the INTERSPORT Rent platform who wishes to reserve sports equipment from a Dealer via the reservation system integrated on the platform. By using the platform, the Customer becomes a direct contracting party of INTERSPORT for the scope of the online reservation service. Whether the Customer becomes a direct contracting party of the Dealer for the rental of the Rental Item depends on the intention of the Dealer and the Customer to conclude such a contract.
1.4. User: The User is the person who actually uses the Rental Item that has been provided to the Customer based on a contractual agreement with the Dealer. The User’s data must be provided to the Dealer before the Rental Item is put into operation.
1.5. Product categories: When selecting the Rental Item to be reserved, the Customer can choose between various product categories: Basic, Economy, Premium, and Superior. The classification of sports articles into the individual product categories is made by INTERSPORT on a subjective basis and does not indicate specific quality criteria.
1.6. Reservation request: The Customer may submit a non-binding reservation request to INTERSPORT for a specific Rental Item in a specific destination region at a predetermined rental fee. INTERSPORT is entitled, but not obliged, to forward a reservation request to a Dealer in order to have that Dealer reserve a specific Rental Item under certain conditions.
1.7. Reservation: A reservation within the meaning of these terms exists when a Dealer accepts a Customer’s reservation request sent to INTERSPORT and makes the requested Rental Item available for the subsequent conclusion of a rental agreement under the conditions defined in the reservation request, to be concluded on site between the Dealer and the Customer. The Dealer notifies INTERSPORT RENT of the reservation made and the general willingness to conclude a rental agreement with the Customer under the conditions contained in the reservation request, thereby enabling INTERSPORT to send a reservation confirmation to the Customer.
1.8. Reservation confirmation: When the Dealer reserves, INTERSPORT sends the Customer a reservation confirmation. The reservation confirmation—stating that a Rental Item has been made available by the Dealer for a potential future contract with the Customer—does not yet constitute a legally binding act of the Dealer towards the Customer. The provision of the Rental Item therefore does not yet result in a contract between the Dealer and the Customer nor an obligation of the Dealer to enter into a paid contractual relationship with the Customer.
1.9. Rental agreement: A rental agreement for the Rental Item is concluded on site at the Dealer’s business premises between the Dealer and the Customer at the Customer’s initiative in accordance with these reservation and rental terms. The provisions of the Distance and Off-Premises Transactions Act (FAGG) do not apply to the rental agreement between the Dealer and the Customer.
2. Operation of the INTERSPORT RENT Platform
2.1. The platform may be used with or without registration and the associated permanent disclosure of personal data.
2.2. On the platform, the Customer can have sports equipment and accessories of a certain product category (the “Rental Item”), but not of a specific specification or brand, made available for the subsequent conclusion of a rental agreement on site with a Dealer.
2.3. A Customer’s reservation request is forwarded to the Dealer closest to the destination selected by the Customer. That Dealer may provide the Rental Item for a potential subsequent contract with the Customer at the intended contract time under the conditions contained in the reservation request and confirm this to INTERSPORT.
2.4. After receiving a reservation confirmation, the Customer is free to contact the Dealer on site at the Dealer’s premises in order to enter into a rental agreement for the Rental Item under the conditions specified in the reservation request.
2.5. Both the Customer and the Dealer are entitled to refuse to conclude a rental agreement with the respective other potential contracting party without giving reasons.
2.6. The Customer has no claims against INTERSPORT or the Dealer if no rental agreement for the Rental Item results from a reservation made.
2.7. After completion of the rental process, the Customer receives an email with the option to provide feedback about the process and the equipment. If the Customer does not wish to receive a feedback email, they can object at any time, e.g., by emailing info@intersportrent.at.
3. Reservation Conditions
3.1. INTERSPORT is entitled to reject a Customer’s reservation request without giving reasons.
3.2. Reservations are made according to the product categories defined by INTERSPORT. It is not possible to reserve sports equipment of a specific brand or specification.
3.3. Reservations are made under the conditions defined in the reservation request via INTERSPORT RENT, taking into account any discount code or other benefits.
3.4. The Customer and the Dealer may at any time amicably deviate from the conditions of a reservation confirmation. However, the Dealer is obliged towards INTERSPORT to offer the Customer, upon the Customer’s request, the conditions recorded in the reservation confirmation for the rental of the Rental Item, unless there is good cause to the contrary.
4. Rental Conditions
4.1. The rental agreement for the Rental Item is concluded between the Dealer and the Customer at the Customer’s initiative. The Customer must contact the Dealer and refer to the reservation made via INTERSPORT RENT.
The rental agreement for the Rental Item is then concluded between the Dealer and the Customer by handing over to the Customer the Rental Item covered by the reservation under the conditions specified therein, concurrently against provision of a security, provided the Customer has verified their identity with an official photo ID and acknowledged receipt of the Rental Item.
4.2. At the Dealer’s discretion, the security for handover of the Rental Item may be, among other things, an original official photo ID, a credit card, or a cash amount agreed between the Dealer and the Customer.
4.3. The Customer is obliged to return the Rental Item to the Dealer after the rental period has expired, no later than 10:00 a.m. on the following day. If timely return to the Dealer does not occur, the Dealer is entitled to charge the daily rental fee for each day exceeding the rental period and/or to demand surrender of the Rental Item. If the Rental Item is returned after 10:00 a.m. on the day after the rental period, the rental period is deemed exceeded by one day.
4.4. Regardless of any further claims against the Customer, the Dealer is entitled to realize the security provided under 4.2 to settle their rental claim, provided that the security is not an official photo ID.
4.5. The rent agreed between the Dealer and the Customer applies for the entire rental duration irrespective of external influences, weather conditions, or the operation of facilities required for the use of the sports equipment (e.g., ski lifts).
4.6. If the Customer does not intend to use the Rental Item personally, they must inform the Dealer before concluding the rental agreement and provide the Dealer with any personal data of the User required for customization (e.g., ski binding), such as name, address, date of birth, height, weight, and skill level relating to the Rental Item. It is prohibited to hand over the Rental Item to persons other than the Customer or the named User.
4.7. The Dealer adjusts the Rental Item according to the physical characteristics and skill level provided by the Customer or User, based on general empirical values.
4.8. Ski boots are adjusted to the ski binding; both rental items meet the safety requirements of ISO standard 11088. A separate safety inspection and adjustment of the Rental Item according to ISO/ÖNORM to the Customer’s or User’s requirements is not performed.
4.9. The Customer may have an electronic binding check performed in accordance with ISO standard 11088 at a price of €14.99 on site; this adjustment takes about 10 minutes. If the Customer does not have an electronic binding check performed, the ski binding is set manually according to the ISO value.
4.10. Unless the Rental Item is a bicycle, the Rental Item is insured by the Dealer against breakage and theft. In the event of breakage or theft, the Customer is obliged, irrespective of fault, to pay the deductible agreed by the Dealer with the insurer for the respective Rental Item. This deductible amounts to:
a) Basic Class: €50
b) Economy Class: €150
c) Premium Class: €270
d) Superior Class: €400
4.11. The Customer must inform the Dealer of any breakage, loss, or theft of the Rental Item within 24 hours and pay the agreed deductible within 48 hours of such notice. The Customer must also take all measures necessary to assert the Dealer’s claims against the insurer within 24 hours of the Dealer’s first request. This includes, without limitation, filing a police report in the event of loss or theft of the Rental Item and naming any possible damage causer.
4.12. If, after the Dealer has reported the claim, the insurer legitimately refuses to pay compensation for reasons attributable to the Customer (e.g., gross negligence or intent), the Customer must fully compensate the Dealer for the damage incurred, at least the current value of the Rental Item.
4.13. If the Customer fails to take the measures required under 4.10 to enforce the Dealer’s claims, the Customer must compensate the Dealer for the current value of the Rental Item.
4.14. The Customer may free themselves from the obligation to pay a deductible by paying an additional fee to the Dealer before the start of the rental period. This additional fee is a one-time €7.50 for a rental period of up to two days and a one-time €15.00 for a rental period of three days or more. (Rental textiles are excluded from this deductible waiver.)
4.15. If the User named to the Dealer for a Rental Item is unable to use the Rental Item due to illness, accident, or infirmity, the obligation to pay rent ceases from the time the ability to use ceases. The Customer must provide proof of the lack of ability to use by submitting a certificate issued by a domestic doctor or hospital. Fees already paid to the Dealer must be refunded to the Customer on a pro-rata basis upon proof.
5. Payment Terms
5.1. Unless otherwise agreed, the rental fee for the Rental Item provided by the Dealer to the Customer is due in full prior to handover of the Rental Item.
5.2. If the Customer does not return the Rental Item to the Dealer on time, the resulting claims of the Dealer fall due upon actual return to the Dealer, but in any event within 7 days of invoicing.
6. Liability
6.1. INTERSPORT and the Dealer are not liable for ensuring that the Rental Item reserved and/or rented by the Customer meets the Customer’s personal requirements. INTERSPORT is only liable for the correct forwarding of the reservation request to the Dealer; the Dealer is only liable for providing a Rental Item corresponding to the product category requested by the Customer.
6.2. Liability for adverse consequences and damages caused by slight negligence on the part of INTERSPORT or the Dealer—except for personal injury—is excluded.
6.3. Compensation for damages—except for personal injury—is limited, for each damaging event and per injured party, to the coverage amount actually available under the liability insurance of INTERSPORT or the Dealer for the specific case. If no liability insurance coverage exists, compensation is limited, to the extent permitted by law, to a maximum amount of €10,000 per damaging event.
6.4. INTERSPORT and the Dealer are not liable for the accuracy of product descriptions and product images used on the platform to promote the Rental Item.
6.5. INTERSPORT and the Dealer are also not liable for the Rental Item meeting the Customer’s individual needs and requirements or being correctly customized (e.g., ski binding settings), but only that it generally complies with the state of the art. If the Customer provides incorrect data for themselves or another User for customization and selection of a Rental Item, any liability of INTERSPORT and the Dealer is excluded; they have no duty to verify the correctness and completeness of the data provided by the Customer. For adverse consequences and damages suffered by the Customer due to incorrect transfer of personally correct information provided by the Customer (e.g., height, weight, or skiing ability), INTERSPORT and the Dealer are liable only if the incorrect transfer should have been obviously noticeable to them.
6.6. Unless mandatory statutory provisions provide otherwise—particularly for consumers—claims for damages must be asserted in court within 6 months of becoming aware of the damage and the damaging party, otherwise they are time-barred.
6.7. The limitations and exclusions of liability also apply to claims against employees, corporate bodies, representatives, and vicarious agents of INTERSPORT and/or the Dealer for damages they cause to the Customer.
6.8. Insofar as a direct contractual relationship between Customers and Dealers is initiated or entered into using various functions of the platform, INTERSPORT is not liable to either contracting party for adverse consequences or damages arising from this contractual relationship. (No contract with protective effect for third parties.)
7. Customer Rights and Obligations
7.1. The Customer undertakes not to use the platform in an abusive or unlawful manner. Customers shall indemnify and hold INTERSPORT and the Dealer harmless from all adverse consequences arising from unlawful, abusive, or otherwise improper use of the platform and the related services.
7.2. The Customer declares that all information provided about themselves and any Users named by them is truthful and correct. The Customer must promptly inform INTERSPORT and the Dealer of any changes to the data (in particular payment data).
7.3. The Customer further undertakes, under penalty of liability, to treat their account access data confidentially and carefully and not to disclose it to third parties. The Customer must inform any persons to whom they provide access data about the obligations arising from these reservation and rental terms, bind them to these obligations, and indemnify and hold INTERSPORT and the Dealer harmless for ensuring such persons’ compliance with these Terms of Use.
7.4. The Customer is obliged to log out of the platform after each use and to log in again before each use in order to prevent misuse of their account in the event of loss or theft.
7.5. The Customer agrees to indemnify and hold INTERSPORT harmless for all consequences and disadvantages resulting from a loss, theft, or disclosure of their login data or from the loss, theft, or disclosure of their device while logged into the platform.
7.6. The Customer must report any change relevant to INTERSPORT or the Dealer concerning their data and/or the data of Users named by them to INTERSPORT within 7 days. The Customer shall indemnify and hold INTERSPORT harmless for failure to make such timely notifications.
8. Availability of INTERSPORT RENT
INTERSPORT is not obliged to provide the platform without restriction. INTERSPORT does not guarantee any specific availability of the platform over the calendar year.
A completely error-free or uninterrupted system cannot be guaranteed for technical reasons.
9. Rental of Textiles
9.1. For the rental of textiles, the following provisions supplement the other terms and conditions; the rental of textiles is thus specified as follows.
9.2. The Customer may rent textiles on the platform. The rented textiles are provided only for the booked period and remain the exclusive property of INTERSPORT. After the end of use, they must be returned to the pickup location no later than 10:00 a.m. on the following day. If the Customer does not return them on time, the Customer is obliged to pay the full manufacturer’s recommended retail price for the non-returned goods.
9.3. Rental textiles are cleaned by INTERSPORT after each use. Soiling removable by simple cleaning—as well as minor, easily repairable damage—is not charged separately.
9.4. The Customer is not permitted to have the rental textiles cleaned. The Customer is also not entitled to make changes to the rented items, such as attaching buttons or stickers, etc.
In the event of damage due to a breach of obligations under this clause, INTERSPORT may claim damages from the Customer up to the amount of the manufacturer’s recommended retail price.
Loss of suspenders: EUR 40
Loss of hood: EUR 150
9.5. In the event of total loss or theft of rental textiles, INTERSPORT may claim reimbursement from the Customer up to the amount of the manufacturer’s recommended retail price. The same applies to irreparable damage, total loss, and theft of parts of the rental textiles.
9.6. INTERSPORT may withdraw from a concluded textile rental at any time up to 5 calendar days before the start of the rental by sending written notice to the contact details provided by the Customer (email or postal address). Dispatch of the notice no later than the 5th day before the start of the rental is sufficient to meet the deadline.
9.7. In the event of early return, the Customer is not entitled to a proportional refund of rental costs already paid or owed.
10. Copyright
INTERSPORT reserves all rights, in particular trademark and copyright, to all website content, including but not limited to trademarks, logos, texts, graphics, photographs, layout, and music. Unless use is mandatorily permitted by law, any use of website content beyond the contractual performance obligations—including storage in databases, reproduction, distribution, or editing—requires the express written consent of INTERSPORT.
11. Amendments to the Terms of Use
11.1. INTERSPORT may amend these reservation and rental terms at any time—including, without limitation, to incorporate changes in statutory provisions or to include new/modified services.
11.2. The Customer will be informed in writing at least two months before the proposed effective date of the new reservation and rental terms, with reference to the provisions affected by the planned changes. The amendments are deemed approved by the Customer unless the Customer objects in writing before the proposed effective date.
INTERSPORT will also inform the Customer of this in the change notice. The objection period is only met if the objection is received by INTERSPORT within the period.
12. Final Provisions
12.1. Contracts concluded between the Customer and Intersport are governed exclusively by Austrian substantive law, excluding the application of the UN Convention on Contracts for the International Sale of Goods and private international law rules. Contracts concluded between the Customer and the Dealer are governed by the substantive law of the country in which the Dealer has its registered office.
12.2. Should individual provisions of these Terms of Use be void, invalid, or contestable, the remaining provisions shall remain unaffected. Such provisions shall be replaced by valid and enforceable provisions that best achieve the intended economic purpose. The same applies in the event of any contractual gaps.
12.3. For any disputes between the Customer and INTERSPORT, the courts having exclusive jurisdiction for 4600 Wels are agreed; for disputes between the Customer and the Dealer, the court with local and subject-matter jurisdiction at the Dealer’s registered office is agreed. These jurisdiction clauses apply only insofar as mandatory consumer jurisdiction provisions in favor of the Customer do not prevail.
Version date: 10.12.2019
