These Reservation and Rental Terms (“Terms of Use”) shall apply to contracts between INTERSPORT AUSTRIA Gesellschaft m.b.H., company number 101648h, Flugplatzstraße 10, 4600 Wels (“INTERSPORT”) and its cooperation partners (“Dealers”), on one side, and the Customer (“Customer”), on the other side, for the reservation of sports equipment via the INTERSPORT rental platform and the rental of sports equipment from Dealers.
Special agreements between the Dealer and the Customer for the rental of sports equipment shall take precedence over these Terms of Use. The version of the Terms of Use published on the website, www.intersportrent.at, at the time the contract is concluded shall apply.
The INTERSPORT rental platform is a browser-based reservation portal at which Customers can reserve sports equipment for subsequent rental from INTERSPORT Dealers. The reservation is a free service of INTERSPORT. The fee-based rental agreement (“rental”) is concluded between the Customer and the Dealer on site on the Dealer’s premises at the Customer’s initiative. Neither the Customer nor the Dealer is obliged to enter into a fee-based contractual relationship based on a reservation made via the INTERSPORT rental platform.
1. Applicability of the Terms of Use & definition of terms
1.1. All services provided to the Customer by INTERSPORT and the Dealer in connection with the reservation and the Rental of sports equipment via a reservation on the INTERSPORT rental platform shall be based on these Terms of Use.
1.2. Dealer: The Dealer is a contract partner of INTERSPORT and operates a sports equipment rental business, independently of INTERSPORT, offering sporting goods and accessories (“Rental Items”) for hire against payment in accordance with these Terms of Use.
1.3. Customer: The Customer is a user of the INTERSPORT rental platform, who wishes to reserve sports equipment or textiles from a Dealer via the reservation system integrated into the platform. By using the platform, the Customer becomes the direct contract partner of INTERSPORT with respect to the online reservation service. The extent to which the Customer becomes the direct contract partner of the Dealer in terms of the hiring of Rental Items depends on the willingness of the Dealer and the Customer to conclude a contract.
1.4. User: The user is the person who actually uses the Rental Item provided to the Customer based on the contractual agreement with the Dealer. The user’s data must be provided to the Dealer before the Rental Item is placed in operation.
1.5. Product categories: When selecting the Rental Item to be reserved, the Customer may choose among various product categories. INTERSPORT’s placement of a Rental Item in a particular product category is based on subjective considerations and does not refer to particular quality criteria.
1.6. Reservation request: The Customer has the option of placing a non-binding reservation request with INTERSPORT for a specific Rental Item in a specific target area or at a specific Dealer in the target area for a rental fee determined in advance. INTERSPORT shall be entitled but not required to forward the reservation request to the Dealer to have the Dealer reserve a specific Rental Item on specific terms.
1.7. Reservation: A reservation within the meaning of these Terms of Use is made when a Dealer accepts the Customer’s reservation request to INTERSPORT and makes the requested Rental Item available on site for subsequent conclusion of a rental agreement between the Dealer and the Customer on the terms defined in the reservation request. The Dealer shall notify INTERSPORT Rent of the acceptance of the reservation and its general willingness to conclude a rental agreement with the Customer on the terms contained in the reservation request so as to enable INTERSPORT to confirm the reservation to the Customer.
1.8. Reservation confirmation: INTERSPORT shall send the Customer a reservation confirmation upon acceptance of the reservation by the Dealer. The reservation confirmation, under which the Dealer will make a Rental Item available for the purpose of potentially concluding a future contract with the Customer, does still not constitute a legally binding action on the part of the Dealer vis-a-vis the Customer. Therefore, no contract between the Dealer and the Customer results from making the Rental Item available, and the Dealer has no obligation to enter into a fee-based contractual relationship with the Customer.
1.9. Rental agreement: A rental agreement for the Rental Item under these Terms of Use is concluded between the Dealer and the Customer on site on the Dealer’s business premises at the initiative of the Customer. Therefore, the provisions of the Austrian Distance Selling Act (Fern- und Auswärtsgeschäftegesetz (FAGG)) do not apply to the rental agreement between the Dealer and the Customer.
2. Operating principles of the INTERSPORT rental platform
2.1. The platform can be used with or without registration and the concomitant permanent disclosure of personal data.
2.2. On the platform, the Customer can have sports equipment and accessories in a specific product category but not of a particular specification or brand (“Rental Items”) made available on site at a Dealer for subsequent conclusion of a rental agreement.
2.3. The Customer’s reservation request is forwarded to the Dealer selected by the Customer at the selected target location. The latter can make the Rental Item available for the conclusion of a possible subsequent contract with the Customer at the intended contracting time on the terms contained in the reservation request and confirm this to INTERSPORT.
2.4. After receiving a reservation confirmation, the Customer has the option of contacting the Dealer at its local business premises to conclude a rental agreement with the Dealer for the Rental Item on the terms set forth in the reservation request.
2.5. Both the Customer and the Dealer shall be entitled to decline to conclude a rental agreement with the respective other potential contract partner without giving reasons.
2.6. The Customer shall have no claims against INTERSPORT and the Dealer if a reservation does not result in the conclusion of a rental agreement for the Rental Item
2.7. After the completion of the rental transaction, the Customer will receive an e-mail with the opportunity to provide feedback on the process and the material. If the Customer does not wish to receive a feedback e-mail, he can decline receipt at any time, e.g. by sending an e-mail to info@intersportrent.at.
3. General Reservation and Rental Terms
The following terms and conditions shall apply to the reservation and rental of all Rental Items:
3.1. Reservation Terms and Conditions
3.1.1. INTERSPORT shall be entitled to decline a Customer’s reservation request without giving reasons.
3.1.2. The Customer and the Dealer shall be entitled to deviate from the terms of a reservation confirmation by mutual consent at any time. However, the Dealer is under an obligation to INTERSPORT to offer the Customer, upon request, the terms of hire for the Rental Item set forth in the reservation confirmation, unless there is good cause for not doing so.
3.2. Rental terms
3.2.2. The conclusion of a rental agreement for the Rental Item between the Dealer and the Customer shall be brought about at the initiative of the Customer. The latter must contact the Dealer, referencing the reservation made via INTERSPORT Rent.
Thereafter, the rental agreement between the Dealer and the Customer for the Rental Item shall be effectuated by delivering the Rental Item to the Customer under the terms set forth in the reservation concurrently with the provision of a security deposit by the Customer, if the Customer has verified his identity with an official photo ID and confirmed the receipt of the Rental Item.
3.2.3. At the choice of the Dealer, the security deposit for handing over the Rental Item can, inter alia, be an official photo ID in the original, a credit card or a cash amount agreed upon by the Dealer and the Customer.
3.2.4. The Customer is obliged to return the Rental Item during the respective Dealer’s business hours on the last day of the rental. If the Customer fails to return the Rental Item to the Dealer on time, the latter shall be entitled to charge the daily rental fee for every day exceeding the rental period and/or to demand the return of the Rental Item. The rental period shall be deemed to have been exceeded if the Rental Item is returned after the close of the last day of the rental.
3.2.5. In the event that the Dealer and the Customer have agreed on a cash security deposit, the Dealer shall be entitled, irrespective of its other claims against the Customer, to utilise the security deposit it has received to pay off the claim for rent.
3.2.6. The rent agreed upon by the Dealer and the Customer shall apply for the entire duration of the rental, regardless of external influences, weather conditions or the operation of the facilities necessary for the use of the sports equipment (e.g. lift facilities, slopes, bike paths, trails).
3.2.7. In the event that the Customer does not wish to use the Rental Item himself, he must inform the Dealer of this before concluding the rental agreement and provide the Dealer with the user’s personal data required for customisation of the Rental Item (e.g. ski binding or bike adjustments) (e.g. name, address, date of birth, height, weight, and athletic skills with respect to the Rental Item). The Rental Item may not be provided to any person other than the Customer or the identified user.
3.2.8. The Dealer shall adapt the Rental Item, based on general experience, to reflect the data on physical abilities and athletic skills provided by the Customer or the user.
3.2.9. The Customer shall notify the Dealer of any breakage, loss or theft of the Rental Item within 24 hours and pay the agreed-upon deductible within 48 hours of notification. The Customer shall also be obliged to take all necessary measures to enforce the Dealer’s claims against the insurer within 24 hours of the Dealer’s first request. This shall include but not be limited to filing a police report in the event of the loss or theft of the Rental Item or identifying any party responsible for the damage.
3.2.10. Insofar as the user of a Rental Item identified to the Dealer is unable to use the Rental Item due to illness, accident or infirmity, the obligation to pay rent shall be extinguished upon the early return of the Rental Item. The Customer shall prove the user’s inability to use the Rental Item by providing a certificate issued by an Austrian physician or hospital. Compensation already paid to the Dealer shall be refunded to the Customer on a pro rata basis following such proof and proper return of the Rental Item.
4. Bicycles and e-bikes
The following provisions shall apply to the rental of bicycles and e-bikes in addition to the General Terms of Use:
4.1. In the course of the rental transaction, the Customer shall have the opportunity to book a so-called carefree package, solely for the rental period, on the specified terms and conditions. The carefree package must be booked before taking the Rental Item. It cannot be booked thereafter. If the carefree package is accepted, all costs arising from damage to the Rental Item shall be reimbursed – if the Rental Item has been properly used. In particular, there is no deductible. To avoid theft, the Rental Item must be attached to fixed objects – a bicycle lock will be provided by the Dealer – and a police report must be submitted.
4.2. In the event that the Customer does not accept the carefree package, the following shall apply: In the case of breakage or theft, the Customer must reimburse the Dealer for the fair value of the Rental Item in full according to the rental system. In the event of theft, the Customer must submit a police report.
In the event of damage due to a fall or other cause and possible additional repair of the Rental Item, the Customer must make reimbursement for the costs incurred for the repair based on actual expenses (especially spare parts and hours of work).
5. Skis and accessories
The following provisions shall apply to the rental of skis and accessories in addition to the General Terms of Use:
5.1. Ski boots shall be adjusted to the ski bindings; both Rental Items shall comply with the safety requirements of ISO Standard 13993. However, there will be no separate safety inspection and adjustment of the Rental Items to meet the requirements of the Customer or user in accordance with ISO/ÖNORM standards. If boots brought by a Customer do not meet the requirements of ISO Standard 5355, they will not be accepted.
5.2. The ski binding shall be adjusted by hand in accordance with ISO Standard. If the Customer also requests a separate electronic binding check in accordance with ISO Standard 11088, this shall be done for a separate fee, the amount of which will be announced by the Dealer on site when the special wish is made known.
5.3. The Dealer is liable for the damage in the case of breakage or theft of the Rental Item. In exchange for the Dealer’s liability for breakage or theft, the Customer shall make a pro rata contribution to cover the cost in the following amount:
a. for a Basic Class booking: € 80
b. for an Economy Class booking: € 200
c. for a Premium Class booking: € 350
d. for a Superior Class booking: € 500
5.4. The Customer can free himself from the obligation to pay a deductible by paying an additional fee to the Dealer in the form of the carefree package before the start of the rental period. If necessary, the Dealer shall notify the Customer of the amount of the fee in due time before the start of the rental period.
6. Textiles
The following provisions shall apply to the rental of textiles, in addition to the General Terms of Use:
6.1. In supplement to the other provisions of the General Terms and Conditions, the following points are agreed upon with respect to the rental of textiles. Therefore, the following specifications apply to the rental of textiles:
6.2. The Customer can rent textiles on the platform. The rented textiles are only made available for the period booked and remain the sole property of INTERSPORT. Following the expiry of the period of use, the textiles must be returned to the place where they were picked up by the end of the rental day during the respective Dealer’s business hours. If the Customer does not return the textiles on time, he shall be obliged to pay the full sales price of the unreturned goods recommended by the manufacturer.
6.3. INTERSPORT shall clean the rental textiles after each use. There will be no separate charge for soiling that can be removed by simple cleaning or for minor damage that is easy to repair.
6.4. The Customer is not authorised to have the rental textiles cleaned. The Customer is also not authorised to make changes to the rented textiles, such as adding buttons or stickers, etc.
In the event damage occurs due to a breach of the obligations under this point, INTERSPORT shall be authorised to demand compensation from the Customer up to the amount of the sales price recommended by the manufacturer. INTERSPORT is also entitled to pass any repair costs on to the Customer.
- Loss of suspenders € 40
- Loss of hood € 150
6.5. In the event of the total loss or theft of the rental textiles, INTERSPORT is authorised to demand cost reimbursement from the Customer up to the amount of the sales price recommended by the manufacturer. The same applies to irreparable damage, total loss or theft of parts of the rental textiles.
6.6. INTERSPORT is entitled to withdraw from a concluded rental at any time, no later than five calendar days before the start of the rental, by written notification of the Customer using the contact data provided by the Customer (e-mail address or home address). It shall be sufficient for compliance with the time limit to dispatch the written notice no later than the fifth day before the start of the rental.
6.7. In the event of an early return, the Customer shall have no claim to pro rata reimbursement of rental costs owed or already paid.
7. Payment methods
7.1. Unless otherwise agreed, the rent for the Rental Item provided to the Customer by the Dealer must be paid in full before the Rental Item is handed over.
7.2. If the Customer does not return the Rental Item to the Dealer on time, the Dealer’s resulting claims must be paid when the Rental Item is actually returned to the Dealer. If the Dealer does not immediately demand payment of the claim when the Rental Item is returned, the Customer must make payment within seven days of billing by the Dealer.
8. Liability
8.1. INTERSPORT and the Dealer shall not be liable if the Rental Item reserved and/or rented by the Customer does not meet the personal needs and requirements of the Customer or is not correctly customised due to slight negligence on the part of the Dealer (e.g. the ski binding adjustments). INTERSPORT is only liable for properly forwarding the reservation request to the Dealer; the Dealer is only liable for providing a Rental Item in the product category requested by the Customer, which conforms to the state of the art.
8.2. There shall be no liability on the part of INTERSPORT or the Dealer for adverse consequences and damages caused by slight negligence, except in the case of personal injury.
8.3. Except in the case of personal injury, compensation for damages for each event causing loss to the individual injured party is limited to the amount of liability insurance coverage of INTERSPORT or the Dealer actually available for the respective event. If there is no liability insurance coverage, compensation for damages for each loss-causing event shall be limited to the maximum amount of € 10,000.00, to the extent legally permissible.
8.4. INTERSPORT and the Dealer shall not be liable for the accuracy of product descriptions and product images placed on the platform to advertise the Rental Item.
8.5. To the extent that the Customer provides incorrect data for himself or another user with respect to the customisation and choice of a Rental Item, any liability on the part of INTERSPORT and the Dealer is excluded in all cases; the latter shall have no obligation to check the data provided by the Customer for accuracy and completeness. For adverse consequences and damages occasioned to the Customer due to inaccurate transmission of personal information correctly provided by the Customer (e.g. height, weight or skiing ability), INTERSPORT and the Dealer shall only be liable if the inaccurate transmission should have been obvious to them.
8.6. Unless there are mandatory provisions of law to the contrary, particularly for consumers, claims for damages must be asserted in court no later than six months of knowledge of the damage and the injuring party or they will be forfeited.
8.7. The limitations or exclusions of liability shall also include claims against employees, governing bodies, representatives and agents of INTERSPORT and/or the Dealer due to the damage they cause to the Customer.
8.8. Insofar as a direct contractual relationship between the Customer and the Dealer is initiated or entered into utilising various functions of the platform, INTERSPORT shall have no liability to either of these contract partners for adverse consequences or damages arising from this contractual relationship. (No third-party beneficiary contract.)
9. Rights and obligations of the Customer
9.1. The Customer undertakes not to use the platform improperly or unlawfully. The Customer shall indemnify INTERSPORT and the Dealer and hold them harmless with respect to all adverse consequences of any unlawful, improper or otherwise illicit use of the platform and the related services.
9.2. The Customer declares that all the information about himself and the users named by him is true and accurate. The Customer is obliged to promptly notify INTERSPORT and the Dealer of any changes to the data (including data relating to payment). The Dealer reserves the right to carry out identity card checks, particularly to check the lawfulness of the receipt of discounts for children and teenagers.
The Customer undertakes to handle the access data for his account carefully and keep it confidential and to refrain from disclosing it to third parties. Otherwise, he shall be liable.
9.3. The Customer shall be obliged to log out of his account after every use of the platform and log in again before every use to prevent misuse of his account in the event of loss or theft.
9.4. The Customer declares that he will indemnify INTERSPORT and hold it harmless for all consequences and detriments that result from the loss, theft or disclosure of his login data or the loss, theft or transfer of his terminal while logged into the platform.
9.5. The Customer shall be obliged to report to INTERSPORT any change to his data and/or the data of any user named by him, which is relevant to INTERSPORT or the Dealer, no later than two days before the start of the reservation. The Customer shall indemnify INTERSPORT and hold it harmless for his failure to report any such change on time.
10. Availability of INTERSPORT Rent
INTERSPORT is not obliged to make the platform available without restriction. In this regard, INTERSPORT does not guarantee any particular level of availability of the platform on a calendar year average.
A fully error-free and uninterrupted system cannot be guaranteed for technical reasons.
11. Copyright
INTERSPORT reserves all rights to the entire content of the website, particularly trademark and copyright rights, including to trademarks, logos, texts, graphics, photographs, layouts and music. Insofar as use is not compulsorily permitted by law, any use of the content of this website that goes beyond contractual performance obligations, particularly storage in databases, reproduction, dissemination or editing, shall require the express written consent of INTERSPORT.
12. Final provisions
12.1. Austrian substantive law shall exclusively apply to the contracts concluded between the Customer and INTERSPORT. The application of the UN Sales Convention and international conflict-of-laws rules shall be excluded. The substantive law of the country in which the Dealer’s registered office is located shall apply to contracts concluded between the Customer and the Dealer.
12.2. If individual provisions of these Terms of Use should be or become void, invalid or voidable, this shall not affect the remaining provisions. The provisions shall be deemed to have been replaced by valid and enforceable provisions that come closest to the intended economic purpose. This shall also apply in the event of any gaps in the contractual provisions.
12.3. It is agreed that the court with local and subject-matter jurisdiction over 4600 Wels shall have exclusive jurisdiction over all disputes between the Customer and INTERSPORT. The court with local and subject-matter jurisdiction over the Dealer’s registered office shall have jurisdiction over all disputes between the Customer and the Dealer. These jurisdiction agreements shall only apply to the extent that there is no mandatory consumer court jurisdiction in favour of the Customer.
Last Update: 30 May 2023