GENERAL CONDITIONS FOR RENTAL

These General Conditions for Rental and their APPENDICES govern the conditions for rental and are applicable to any service order placed by an individual on the Website skiandrent.com.

They are finalised between:

SKI AND CLUB ROCAFORT  , a public limited company , registered at the Andorra Register of Companies under the number 15631, with tax registration number L-710745-Z, whose head office is located at Carrer Balcò del Solà, 7, AD200 Encamp, Andorra,Hereinafter referred to as “SKIANDRENT” on one hand, And The RENTER, a consumer located in the TERRITORY Hereinafter referred to as “RENTER” on the other hand.

The RENTER and SKIANDRENT shall be referred to collectively as the PARTIES.

ANY ORDER PLACED WITH SKIANDRENT BY THE RENTER IMPLIES ACCEPTANCE WITHOUT RESERVE BY THE RENTER OF THESE GENERAL CONDITIONS FOR RENTAL AND THEIR APPENDICES.

 

Article 1: DEFINITION

The terms, used below in these general conditions for rental, signify the following:

VOUCHER: refers to the document which the RENTER uses to collect the ARTICLE(S) ordered from a SKIANDRENT partner shop and which attests to complete payment of the ORDER;

ORDER: refers to the operation by which the RENTER chooses the ARTICLES, the rental period, the collection point, the payment method and makes payment;

ACCOUNT: refers to the interface in which all the information provided by the RENTER is stored. These data include information concerning the RENTER such as their E-mail address, the status of their transactions, the ARTICLES rented on the WEBSITE, their shoe size, weight and height. Please note that an ACCOUNT cannot be transferred to a third party;

AGREEMENT: refers to the contractual relation by which the parties are bound and which is governed by these General Conditions for Rental and the appendices, the INVOICE and any additional clause subsequently signed by the PARTIES;

INVOICE: refers to the contractual document transmitted by SKIANDRENT on which the final price of the ORDER appears;

RENTER: refers to SKIANDRENT contracting party, a competent individual who has reached the age of majority and who can be qualified as a consumer according to the legal definition and jurisprudence;

STANDARD OFFER: refers to the offer by which SKIANDRENT proposes an ARTICLE to the RENTER from a category of ARTICLES listed on the WEBSITE according to their description or the age of the user.

ARTICLES: refers to the rental of a pair of skis or snowboards. And also for additional goods: boots, helmet, ski poles;

WEBSITE: refers to the Website available at the address skiandrent.com on which the RENTER can view the ARTICLES;

 

Article 2: PURPOSE OF THE AGREEMENT

The purpose of these General Conditions for Rental is to specify the respective rights and obligations of the RENTER and SKIANDRENT in the framework of the RENTAL of the ARTICLES on the WEBSITE.

These General Conditions for Rental, the indications on the VOUCHER, those on the ORDER when it is accepted by SKIANDRENT, as well as the related INVOICE constitute the only contractual agreements between SKIANDRENT and the RENTER.

The RENTER is hereby clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals should contact the SKIANDRENT sales department in order to benefit from different contractual conditions.

 

Article 3: CHARACTERISTICS OF THE GENERAL CONDITIONS FOR RENTAL

These General Conditions for Rental do not, under any circumstances, confer to the RENTER the capacity of employee, proxy, agent or representative of SKIANDRENT.

Moreover, the PARTIES hereby declare that these General Conditions for Rental cannot under any circumstances be considered as a declaration of legal status of any legal person or entity, and that any form of intention to cooperate in a partnership and right to supervise its administration is formally excluded from their relations.

 

Article 4: ACCEPTANCE AND MODIFICATION OF THE GENERAL CONDITIONS FOR RENTAL

The RENTER carefully reads and agrees to these conditions before paying any ORDER placed on the WEBSITE.

These General Conditions for Rental are referenced at the bottom of each page of the WEBSITE by means of a link and should be consulted before placing an order. The RENTER is asked to carefully read, download and print the General Conditions and to keep a copy.

SKIANDRENT recommends that the RENTER reads the General Conditions for each new ORDER. The latest version of the said Conditions is applicable to all new ORDERS.

By clicking on the first button to place the ORDER then on the second to confirm the said ORDER, the RENTER acknowledges having read, understood, and agreed to the General Conditions without restriction or condition.

The General Conditions for Rental are applicable for the entire duration of the period that the ARTICLES are on line.

SKIANDRENT can modify them at any moment. These modifications are effective immediately after they are placed on the WEBSITE.

Only the General Conditions for Rental published the day of the ORDER are applicable to them. They are brought to the knowledge of the RENTER and agreed to by them at the time of the ORDER.

 

Article 5: ACCOUNT

Placing an ORDER presupposes the creation of an ACCOUNT for processing the ORDER and therefore the required agreement with the General Conditions of the WEBSITE.

 

Article 6: THE PARTIES’ OBLIGATIONS

6.1. THE RENTER’S OBLIGATIONS

To enable SKIANDRENT to accomplish their obligations under the best possible conditions, the RENTER agrees to:

  • Pay the price of the ORDER;
  • Provide SKIANDRENT with actual, precise updated information.
  • Compliance with all the applicable laws and rules as well as these General Conditions for Rental;
  • Notify SKIANDRENT of any information of which they might have knowledge and which might have an impact on the execution of the AGREEMENT between the Parties;
  • Provide the VOUCHER when collecting ARTICLES;

6.2. SKIANDRENT’S OBLIGATIONS

SKIANDRENT agrees to do everything in their power to rent the ARTICLES under the conditions mentioned in these General Conditions for Rental.

 

Article 7: THE ARTICLES

Every effort is made to ensure that the pictures of the ARTICLES that appear on the WEBSITE are exactly those of the original ARTICLES.

Nevertheless, please remember that SKIANDRENTrents ARTICLES and does not manufacture them. Therefore, SKIANDRENT is not responsible for differences over which it has no control or for minor differences.

 

Article 8: ORDER

8.1. CONDITIONS FOR PLACING AN ORDERSTRONG

The RENTER must be at least eighteen (18) years old and have the legal capacity required to place and honour all ORDERS, or must have authorisation to place and honour all ORDERS and be able to provide proof at any moment on simple request by SKIANDRENT.

The RENTER shall be asked to provide information that enables their identification by completing the form available on the WEBSITE. The (*) sign indicates the required fields which must be filled out for the RENTER’S order to be processed by SKIANDRENT. The RENTER can verify the status of their order on the WEBSITE. The information that the RENTER transmits to SKIANDRENT at the time of an order must be complete, precise and updated. SKIANDRENT reserves the right to ask the RENTER to confirm, by any appropriate means, their identity, eligibility and the transmitted information.

8.2. THE ORDERING PROCESS

ORDERS are placed directly on the WEBSITE. To place and ORDER, the RENTER must follow the steps below (however, please note that according to the RENTER’S startup page the steps might be slightly different).

To place an ORDER, the RENTER must follow the instructions below:

  • Select the desired duration of rental;
  • Choose the resort and then the shop where the ARTICLE(S) will be collected;
  • Choose the desired ARTICLE(S) with or without ski boots according to the level of experience and the intended use;
  • Read and Agree to these General Conditions for Rental before validating the ORDER.
  • After validating the ORDER, if this has not yet been done, the RENTER must create an account by filling out a form or entering his login information.

The RENTER agrees to carefully read the ORDER summary, which he can modify at any moment before clicking on the “PAY” button.

The RENTER then chooses their payment method and proceeds with payment. The RENTER may be sent to a secured payment platform that enables online payment.

Upon confirmation by the RENTER, the ORDER shall be sent to SKIANDRENT for processing. SKIANDRENT shall send an acknowledgement of receipt by e-mail to the RENTER, on receipt of the ORDER.

The RENTER shall receive an e-mail informing them whether or not the reservation and availability of the selected ARTICLE(S) were confirmed. If the availability of the ARTICLES is confirmed, if applicable, SKIANDRENT  shall send the RENTER an e-mail confirming the ORDER with:

A VOUCHER on which the following are indicated:

  • the date and time of collection of the ARTICLE;
  • the date and time of return of the ARTICLE;
  • the list of ARTICLES rented and their characteristics;
  • the options chosen;
  • the shop where the ARTICLE is to be collected;

The RENTER shall print the VOUCHER which must be given in at the shop where the ARTICLE(S) is (are) to be collected.

Regardless of the method of ORDER, ORDERS cannot be conditional: they are final.

It is hereby specified that no ORDER can be taken into account if it is not immediately followed by the corresponding secured payment by bank card or by any other means of payment proposed on the WEBSITE.

SKIANDRENT  accepts no liability concerning the choice of ARTICLES, the number of ARTICLES and the duration of rental chosen by the RENTER if they do not correspond with the RENTER’S expectations or needs.

 

Article 9: PRICE

The prices indicated on the WEBSITE may change, notably in case of special offers and sales.

The applicable price for the RENTER is the one shown on the WEBSITE at the time of the finalisation of the AGREEMENT, taking into account the category of equipment reserved as well as the number of days of rental,  unless there is an obvious error in the posting of the price of the ARTICLE (Ridiculous price).

Prices are indicated in Euros o including tax and including the VAT at the applicable rate on the day of finalisation of the AGREEMENT.

Prices given in currencies other than Euros  are provided for information only, and as far as possible, take into account the rate of exchange. This indication does not constitute a commitment at any moment.

The ORDER is payable in Euros.

The total amount of the ORDER appears at the second stage of the process of placing the ORDER.

 

Article 10: INVOICING

The RENTER will be invoiced at the rate applicable on the day the AGREEMENT is finalised.

The invoice shall include the details of:

the price of each ARTICLE  with taxes.

The acknowledgement of receipt of the ORDER THAT SKIANDRENT sends to the RENTER by e-mail does not constitute an INVOICE.

On request, the RENTER can receive an INVOICE by e-mail.

 

Article 11: PAYMENT

11.1. PAYMENT DATE

The RENTER proceeds with payment at the end of the ORDER.

11.2. SECURED PAYMENT BY BANK CARD

SKIANDRENT concluded a service agreement with Mora Banc  concerning e-commerce called “Payment System Redsys» (Redsys Payment Service).

This agreement is aimed at ensuring all of the functions required for managing a payment service and for the secured acquisition of payment on the Internet.

Mora Banc manages the security of exchanges and ensures the protection of secrets (decryption keys) and their management.

Financial costs (bank charges related to the exchange rate, banking commission for payments made outside the territory where the card was issued, other banking commissions, etc.) that might be related to payments by bank card shall remain the RENTER’S responsibility. These expenses correspond to costs deducted exclusively by the RENTER’S banking institution, if any, as a result of using the bank card.

Acceptance by the central bank card network makes the ORDER that was validated by the RENTER on the Website effective. In the event of refusal by the central bank card network, SKIANDCLUB reserves the right to cancel the reservation.

When making a payment, RENTERS are automatically connected to the Mora Banc payment processing centre’s server. Bank data protected by encryption do not transit through SKIANDCLUB systems and are therefore not stored by them.

 

Article 12: FORMING THE AGREEMENT

The AGREEMENT is formed when the RENTER has validated their ORDER under the resolutive condition of confirmation by  SKIANDRENT  of the availability of ARTICLES ordered and receipt by  SKIANDRENT  of complete payment of the cost of the ORDER from the RENTER.

SKIANDRENT  reserves the right to refuse any ORDER for any request concerning ARTICLES for dates when they are unavailable or for an abnormally high number of ARTICLES.

 

Article 13: COLLECTING ARTICLES

13.1 TERMS AND CONDITIONS FOR COLLECTING ARTICLES

13.1.1 Concerning the presentation of certain documents

As a guarantee of the execution of the AGREEMENT, SKIANDRENT reserves the right to make rental subject to the presentation of certain documents such as an identification card and/or driver’s license.

Similarly, SKIANDRENT demands that an identification card is presented for individuals nine (9) to twelve (12) years of age, including when the ARTICLES are collected in the shop.

The RENTER expressly agrees that SKIANDRENT can keep a copy of the documents presented.

13.1.2 Refusal by SKIANDRENT to hand over articles

SKIANDRENT reserves the right to refuse to hand over ARTICLES ordered to the RENTER:

  • for which payment of the ORDER has not been made in conformance with article 11 of these General Conditions for Rental;
  • who has not provided all the documents of proof, or has provided incomplete documents, or ones that are non-conforming or that do not make it possible to identify the customer clearly;

The PARTIES expressly agree that SKIANDRENT cannot be liable in this respect.

13.2 COLLECTION METODS

13.2.1 Collection date

The RENTER can collect the ARTICLE(s) ordered under the conditions indicated in the VOUCHER; i.e.:

  • The date on which rental starts or,
  • The day before, as of 5 pm if the ARTICLE(S) is (are) available in the shop where it (they) is (are) to be collected;

In case the RENTER is late, the shop selected at the time of the ORDER must be notified.

13.2.2 Place of collection

Collection of ARTICLE(S) is the RENTER’S responsibility. Consequently, the RENTER must collect the ARTICLE(S) ordered at the shop they selected when placing the ORDER and as it appears on the VOUCHER.

 

Article 14: USE OF ARTICLES

The RENTER agrees to use the rented ARTICLE(S) with care and to take all necessary precautions to avoid damage.

The RENTER assumes legal and material custody and control of the ARTICLE(S) rented. In other words, from collection to return of the ARTICLE(S) to the shop, the RENTER is entirely responsible for the ARTICLE(S) ordered.

The RENTER declares having all the competences required for use of the ARTICLE(S) rented, and being able to judge the adequacy of their choice for their needs.

The RENTER can only use the ARTICLE(S) rented strictly for personal use. They are, under no circumstances authorised to sub-rent or even lend the ARTICLE(S) free of cost.

 

Article 15: MODIFICATION IN RENTAL DATES

Any request for change in the collection and/or return dates of the ARTICLES can be made by the RENTER using his ACCOUNT up until the day before the initially scheduled date.

SKIANDRENT reserves the right to refuse the change requested by the RENTER, without having to provide any justification.

In addition, the RENTER is hereby informed that the price of the ORDER can vary according to the rental dates for the ARTICLE(S). In the event that, following a change in the rental date the price is higher, the RENTER agrees to pay the difference as soon as possible. On the contrary, in the event that the price is lower, SKIANDRENT agrees to refund the difference.

Article 16: THE RETURN OF ARTICLE(S)

16.1 RETURN METODS

16.1.1 Return dates

The return of ARTICLE(S) must be:

On the date indicated on the VOUCHER before the shop closes;

16.1.2 Место возврата

The RENTER must return the ARTICLE(S) to the shop indicated on the VOUCHER.

16.2 EXCEEDING THE AGREEMENT DEADLINE

The RENTER must comply with the duration of rental and the date of return they chose when the ORDER was placed.

Failing the return of the ARTICLE(S) within the deadlines mentioned in article 16.1.1, any day in addition to the date indicated on the VOUCHER shall be invoiced to the RENTER according to the rates posted in the shop.

16.3 CONDITION OF THE RETURNED ARTICLE

The ARTICLE should be returned in good functioning condition, i.e. without any change beside that of normal wear resulting from normal use of the ARTICLE(S) as is intended.

The RENTER shall abstain from replacing the ARTICLE(S) rented by any other equipment whatsoever. The RENTER is hereby informed that the ARTICLE(S) is (are) numbered or marked and that it (they) must be returned with the same numbers and the same mark.

The PARTIES agree that the VERIFICATION shall be carried out in the presence of the RENTER and an employee and/or competent SKIANDRENT representative.

16.3.1 In the event that the ARTICLE(S) is (are) not returned or is (are) damaged

If the ARTICLE(S) or a part of the ARTICLE(S) is (are) not returned or is (are) damaged, preventing their use, the RENTER shall be liable for the amount corresponding to the value of new articles. This amount should be entirely paid to the company managing the shop where the ARTICLES were collected.

 

Article 17: LEGAL RIGHT OF RETRACTION

17.1. TERMS OF CANCELLATION

Cancellation of the ORDER must be made no later than 48 hours before the date of receipt of the ARTICLE(S), which is indicated in the VOUCHER.

Reimbursement of the ORDER shall be by the same method of payment as the one used by the RENTER when the ORDER was placed.

17.2. IN THE EVENT THAT AN ILLNESS

In the event that an illness or accident occurs during the rental period, only the ARTICLE(S) of the person using them shall be refunded proportionately to the number of days of use.

This refund is on condition that the RENTER sends a medical certificate and a statement from the shop selected by the RENTER at the time of the ORDER.

Any rental day commenced will not be refunded.

If the RENTER terminates the agreement before expiration, and subsequent to the collection of the ARTICLE(S), the total amount of the rental still rightfully belongs to SKIANDRENT.

17.3 WEATHER CONDITIONS

In the event that the ski area where the shop is located, chosen at the time of the ORDER, is entirely closed due to bad weather, the RENTER can request the refund of their ORDER proportionately to the number of days during which the ski area is closed.

This refund is on condition that the RENTER sends a document of proof from the company that manages the ski lifts in the ski area.

 

Article 18: LIABILITY

SKIANDRENTcannot be held responsible, under any circumstances, in the following cases:

  • non-execution or poor execution of the contractual services that might be attributable to the RENTER;
  • use that is non-conforming with the intended use of the ARTICLE(S) rented.

SKIANDRENT shall not be liable for any indirect damage that might occur as a result of these conditions, loss of operation, loss of profit, damages or costs.

The RENTER is solely responsible for the choice and renting of ARTICLE(S).

In case it is totally or partially impossible to use one or more ARTICLES rented, notably because of incompatibility of equipment or lack of experience, there can be no compensation, refund or questioning of SKIANDRENT’S responsibility, except in case of an established hidden defect.

Finally, SKIANDRENT cannot be held responsible or be considered to have failed to meet their obligations due to any delay or non-execution when the cause of the delay or non-execution is related to a force majeure.

 

Article 19: FORCE MAJEURE

SKIANDRENT reserves the right to suspend, delay, modify or cancel the execution of the ORDER in case of events or circumstances of force majeure or an act of God or circumstances contractually similar to cases of force majeure or an act of God even if they might not fit the legal definition such as: fire, independent work stoppage against the will of the company or any of their suppliers or subcontractors, flooding, epidemic, war, requisitioning, strike, storm, tornado, earthquake, revolution, theft of some or all of the equipment, interruption or delay in transports, transport damage, lack of raw materials, tooling accident, lack of fuel or any other source of energy, as well as in case of any external circumstances or event, against the will of SKIANDRENT, that might occur subsequent to the finalisation of the agreement, preventing execution under normal conditions.

It is hereby specified that, under such conditions, the RENTER cannot claim any indemnity and cannot bring any actions for recourse against SKIANDRENT.

In case any of the above-mentioned events occurs, SKIANDRENT shall do their utmost to inform the RENTER as soon as possible.

 

Article 20: CLAIMS

Any written claim by the RENTER, it should be transmitted to the following address:

ROCAFORT SLU, C/BALCÒ DEL SOLÀ, 7, ENCAMP, AD200, ANDORRA

 

Article 21: PERSONAL DATA

The RENTER’S personal data are collected by  SKIANDRENT for the needs of good management of ORDERS and INVOICES.

By placing an ORDER the RENTER authorises SKIANDRENT to use the personal data they provide us with for the management of ORDERS and INVOICES.

To this end, the RENTER is hereby informed that these data might, for the needs of this management, be transmitted to companies responsible for invoicing and other SKIANDRENT partners, if necessary.

SKIANDRENT agrees not to disclose their customer file to third parties.

With regards to this, the RENTER has the right to access, modify, rectify and delete personal information collected by SKIANDRENT concerning them, at any moment.

To exercise this right, the RENTER can either send an e-mail to privacy@skiandrent.com, or send a letter to the following address:

It is hereby specified that the RENTER must be able to provide proof of their identity, either by scanning an identification card or by sending a photocopy of their identification card to SKIANDRENT.

 

Article 22: GENERAL PROVISIONS

The fact that one of the PARTIES has not demanded the application of any clause whatsoever of the AGREEMENT, whether permanently or temporarily, cannot be in any way considered as waiving the said clause.

The AGREEMENT does not confer any exclusivity to the RENTER concerning the supply of services or the guarantee of quality.

If any of the stipulations of the AGREEMENT becomes null in relation to an applicable legal or regulatory provision and/or a legal decision with the authority of res judicata, it shall be considered to be not written but shall in no way affect the validity of the other clauses which shall remain fully applicable.

In this case, the PARTIES shall meet to decide on a new provision to replace the one declared null and void, considering that the new provision should, as much as possible, comply with the spirit and economic impact of the replaced provision on the PARTIES.

 

Article 23: APPLICABLE LAW AND JURISDICTION

The agreement and any order placed on the website and processed by under the conditions set by article 8 of the general conditions are subject exclusively to Andorra law. in case of a lawsuit, only the Andorra courts shall have competence.

 

Article 24: PRIVACY POLICY

Read the SKIANDRENT Privacy Policy