Terms and Conditions / Rental Conditions
Clever & Sporty Handels GmbH
General Rental Terms and Conditions
CLEVER&SPORTY Handels GmbH Dorfstraße 78, 6450 Sölden
offers on its website www.cleverandsporty.com the brokerage of
- contracts for the rental of winter sports equipment,
- contracts for the following additional products (storage, storage with skis/board, shopping vouchers, in particular for ski passes, insurance for rented equipment).
1.1. Services provided by CLEVER&SPORTY Handels GmbH
By filling out the information fields and completing the booking process, the customer instructs Clever&Sporty GmbH to fulfill one of the contracts presented. The customer is bound by their booking.
For additional products such as ski passes and ski lessons, Clever&Sporty Handels GmbH acts exclusively as an agent within the scope of this activity, which is carried out via the website www.cleverandsporty.com. Clever&Sporty Handels GmbH only offers a purchase voucher for these products, which can only be redeemed at the Clever&Sporty GmbH branch at Dorfstraße 78, 6450 Sölden. In the case of a ski pass or ski course booking, the contract is concluded exclusively between the booking customer and the respective provider (ski lift operator, ski school). Clever&Sporty Handels GmbH acts on behalf of and for the account of the respective provider. The following terms and conditions therefore apply exclusively to the agency activity and have no influence on the terms and conditions under which the brokered contracts are concluded. Particularly with regard to products from other companies, Clever&Sporty Handels GmbH reserves the right to pass on price changes to the customer at any time.
1.2. Pricing & Discounts
The prices for equipment rental and additional products are displayed during the booking process. You can cancel the booking process at any time during this stage. Prices include all taxes and fees applicable at the time of booking. Prices are always calculated in euros.
In the event of a booking using a promotional code or other discount system provided by Clever&Sporty Handels GmbH, a maximum discount of 35% applies. Clever&Sporty Handels GmbH reserves the right to cancel a completed booking within 3 days if a discount exceeds this maximum limit.
1.3. Payment
The price can be paid by credit card, PayPal, or another payment method accepted by Clever&Sporty Handels GmbH. Payment is made 100% online. In this case, the entire booking amount is paid when booking online. In the event of subsequent bookings by the customer, Clever&Sporty Handels GmbH is entitled to collect the higher amount resulting from the subsequent booking or to charge the customer's credit card account, or to settle any differences on site.
1.3.1. Booking confirmation By completing the booking, the customer confirms that their personal details are correct. The booking made by the customer is only considered accepted once they have received a booking confirmation from Clever&Sporty Handels GmbH. The customer is obliged to check the booking confirmation they have received for accuracy without delay. Any discrepancies between the booking confirmation and the booking must be reported immediately.
1.4. Withdrawal, cancellation
Cancellation of the booking is possible in writing under the following conditions:
1.4.1 Cancellation before the first day of the booking
- The customer can protect themselves against paying a cancellation fee by booking CANCELLATION INSURANCE (point 2).
- If the cancellation is made up to 10 working days before the first rental day, a cancellation fee of 15% of the booked material or service will be retained as a cancellation fee.
- If the cancellation is made 9 to 4 business days before the first rental day, a cancellation fee of 25% of the booked material or service will be retained.
- If the cancellation is made 3 or 1 business day before the first rental day, a cancellation fee of 50% of the booked material or service will be retained as a cancellation fee.
1.4.2. Cancellation from the first day of booking No refund will be granted by Clever&Sporty Handels GmbH if the customer is in default of acceptance. The same applies if the customer waives the fulfillment of the contract prematurely (returning the rental equipment before the end of the rental period, discontinuing the ski course before the end of the course, leaving the hotel early, etc.). In the event of illness or accident, the customer may withdraw from the contract upon presentation of a medical certificate and will receive a pro-rata refund of the rental or ski course price paid. Any other agreements between the provider and the customer remain unaffected by this.
1.5. Special provisions for ski rental
1.5.1. Pickup and return of equipment The customer must present official photo identification (e.g., passport, ID card, or driver's license) and their booking confirmation at the rental shop and agrees that a copy of this document may be made. The equipment can be picked up from 3:00 p.m. on the day before the first day of rental at the respective rental shop (except for 1- and 2-day bookings for night skiing). The equipment must be returned on the last day of the rental period before closing time. In the event of longer use of the equipment, the difference between the actual rental period and the reserved or paid rental period will be charged at the usual local rental conditions and is payable directly at the rental shop. If the rented equipment or parts thereof are not returned on time, the customer must expect to be charged a late fee. The rented equipment must be returned in good condition.
1.5.2. Exchange It is possible to exchange the rented equipment for a higher category before the first day of rental, whereby Clever&Sporty Handels GmbH is entitled to collect the additional amount incurred by the change of booking. If the equipment is exchanged for a lower category, the difference will be refunded. In any case, Clever&Sporty Handels GmbH may charge an exchange fee, unless this fee has already been charged at the time of booking.
1.5.3. Use The customer is fully responsible for the rented equipment and must use it with care in accordance with its function and conditions of use. If the equipment is already defective at the time of rental, the customer may request a replacement. The equipment may not be passed on to third parties. Clever&Sporty Handels GmbH expressly points out the risks associated with ski binding adjustment in the event of unauthorized replacement of skis. The customer must ensure that the equipment is stored in such a way as to prevent mix-ups or theft.
Ski boots are adjusted to the ski bindings, and both rental items comply with the safety requirements of ISO standard 11088. However, no separate safety check or adjustment in accordance with ISO/ÖNORM is carried out when the rental item is handed over. However, we recommend that all ski renters have a safety adjustment (=electronic binding test) carried out on site in accordance with ISO standard 11088. This adjustment takes approx. 10 minutes on site. If the renter does not have a safety adjustment carried out, the ski binding will be adjusted manually according to the ISO number. No liability is accepted for accidents of any kind. In particular, the rental company is not liable for damage resulting from incorrect information provided by the renter, especially in connection with the binding adjustment.
Personal data provided in the course of business transactions will be processed and used in accordance with applicable national and European data protection regulations for the purpose of processing inquiries and online reservations. Permanent storage and use of the data for marketing purposes will only take place with the express consent (during customer registration, etc.) of the renter. This consent can be revoked at any time and free of charge, e.g. by emailing office@cleverandsporty.com.
1.5.4. Liability of the customer in the event of breakage, damage, or theft The rented equipment is not insured. In the event of breakage, damage, or theft, the customer is therefore liable to Clever&Sporty Handels GmbH for the repair costs or the current value, unless liability coverage (PROTECTION PACKAGE) has been agreed upon by Clever&Sporty Handels GmbH.
1.6. Place of jurisdiction
All legal disputes arising from or in connection with ski rentals and online bookings on www.cleverandsporty.com shall be governed exclusively by Austrian law. The competent court for Sölden shall have jurisdiction.
2. Cancellation insurance
Clever&Sporty Handels GmbH offers customers cancellation insurance for the period up to the first day of rental. During this period, the cancellation insurance guarantees that the cancellation fees specified in section 1.4.1 will not apply. This service is subject to a fee of 5% of the total booking price. Cancellation insurance can only be taken out with the main booking contract. The costs must be paid in advance and will be debited together with the booking fee or deposit. If this cancellation insurance is taken out and the customer cancels, Clever&Sporty Handels GmbH must refund the entire booking fee paid or deposited. Transaction and other processing fees are not included.
3. Risk Participation (PROTECTION PACKAGE) in the event of damage, breakage, or theft of the rented equipment
If the customer has chosen the PROTECTION PACKAGE option, the following additional conditions apply:
By filling in the information fields and completing the booking process, Clever&Sporty Handels joins the customer’s risk of being held liable by the rental provider for any possible damage to or theft of the equipment. The customer must report the damage immediately. In the event of theft, a police report is required in all cases; if no police report is provided, the current value of the rented item must be reimbursed. In the case of intentional damage or improper use, the renter must pay the repair costs. If a repair is not possible for this reason, the renter must reimburse the current value of the product. Improper use particularly includes any unauthorized adjustment of the binding settings by the customer. Clever&Sporty GmbH charges a fee for the Risk Participation (PROTECTION PACKAGE) according to the current price list. The fee must be paid in advance and is debited with the payment or deposit. In addition, in the event of damage, a deductible will be charged to the customer according to the current price list.