I. Scope of Application
The Rental Agreement is a binding contract between Gutshof Hotelbetrieb GmbH as lessor, and the Lessee named in the Rental Agreement. The Rental Agreement is subject to the following terms and conditions.
II. Delivery of Rental Goods
The Rental Goods shall be supplied to the Lessee in a proper operational condition, clean and roadworthy, for the Lessee to use at his/her own risk.
The Lessee shall be instructed by the on how to operate the rental goods. Reference is expressly made to the fact that bicycles not intended or approved for road use (mountain bikes, free-ride, downhill) do not meet Highway Code requirements or comply with implementing regulations. The lessor shall offer the Lessee on delivery of the Rental Goods use of a crash helmet for the entire duration of the Rental Agreement, subject to charge.
III. Use of the Rental Goods and Bearing of Risks
The Lessee is obliged to use the rental goods according to relevant statutory provisions – specifically in compliance with the Highway Code.
Use of the Rental Goods by the Lessee is entirely at his/her own risk. The Lessee may assert no claims for compensation against the lessor.
The Lessee bears all risk on delivery of the Rental Goods. The Lessee is liable for damages that may occur for any reason to the Rental Goods, including any losses of rental income. In particular, the Lessee shall be liable for any damages resulting from improper use and/or unauthorised use of the Rental Goods. The Lessee is exclusively liable for all damages he/she may cause while using the rental goods. The Lessee is obliged to secure the rental goods against theft when parked. Lessee’s duty to provide information: During the entire Rental Agreement period, the Lessee is obliged to notify the Lessor immediately should the Rental Goods be in need of repair, be lost or stolen and come to an agreement with the as how to proceed. The Lessee is liable for any damages that may arise from failing to observe this regulation.
IV. Rental Fee
The Lessee is obliged to pay the contractually agreed rental fee. The rental fee is to be paid in full in advance, or is included in the room price. A refund or reduction in the rental fee by early return of the Rental Goods (for whatever reason) is excluded.
V. Repairs, Loss, Theft
Wear and tear repairs: If, to ensure traffic safety or proper operational use of the Rental Goods, wear and tear repairs are necessary during the Rental Agreement period, such repairs shall be made by the lessor and at his expense. In this case, the Lessee shall return the Rental Goods to the. The Lessee is only permitted to take the Rental Goods to an alternative establishment for repairs after seeking prior consent from the. Failure to do so will result in the Lessee bearing the repair costs him/herself.
Other repairs: Repair costs shall be borne by the lessor, as part of the fee paid by the Lessee. Loss at E-Bikes are excluded. The Lessee has to bear all costs of repair once the loss occurs during the rental period by himself. In the event of loss or theft of the Rental Goods (or parts thereof), the Lessee shall reimburse the with the cost of replacing the Rental Goods and any losses of rental income. Rental is permitted only after full payment in advance and deposing a personal document (ID, driving license, passport).
VI. Liability of the
The lessor (i.e. he and his employees) are only liable, apart from the violation of essential contractual obligations, in the event of gross negligence (i.e. for intent and gross negligence).
VII. Return of the Rental Goods
The Lessee is obliged to return the Rental Goods – apart from dirt, wear and tear caused in the context of intended use – in the same condition as in which they were delivered.
The Lessee is obliged to return the Rental Goods to the agreed location, by the agreed time at the latest. Return of the Rental Goods should generally be made in the presence of the lessor. Should the Lessee return the Rental Goods in the Lessor’s absence, the Lessee continues to bear liability for the Rental Goods until the has taken them into his possession.
VIII. Rental Agreement Period
The Rental Agreement shall be concluded for the period of time specified in the accommodation agreement, or for a separately specified time period.
For exceptional reasons, the lessor is entitled to prematurely terminate the Rental Agreement with immediate effect. In case of early termination of the Rental Agreement, the Lessee shall return the Rental Goods immediately to the lessor.
IX. Jurisdiction and Applicable Law
The Contractual Parties agree on the applicability of Austrian Law and jurisdiction of the courts in Zell am Ziller, for all legal disputes arising from this Agreement. Effective, March 2017.
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