GENERAL SERVICE TERMS AND CONDITIONS

Foreword

The company

Livigno Sport s.r.l.
Via Saroch, 583 - 23030 Livigno (SO) - Italy
Registration in Sondrio Register of Company and tax code no. 92014300146

hereinafter referred to as the ‘Company’, guarantees on this website, www.skialo.com (hereinafter referred to as the ‘Website’), booking services (hereinafter referred to as ‘Booking/Reservation’), to the user visiting the Website (hereinafter referred to as the ‘Customer’), to rent ski gear and equipment (hereinafter referred to as ‘Rental’) at the network stores (hereinafter referred to as ‘Rental Stores’), listed on the Website. The Company receives each Reservation from the Customers on the Website on behalf of the Rental Stores, without entertaining any direct contractual relationship with the Customers.

These General Service Conditions (hereinafter referred to as 'GSC') have been established by the Company on behalf of the Rental Stores, for the purpose of governing the contractual relationship between them and the Customers. A Booking confirmation by a Customer on our Website entails the full acceptance of our GSC. GSC may be subject to variations by the Company. In case of variations, the Booking conditions published at the time of order confirmation by the Customer shall be applied, according to the procedures set forth herein.

 

Article 1: Capacity to Contract Agreements

The Customer must be at least 18 years old and must be capable of contracting agreements on the Internet. The Company reserves the right to decline a Customer Reservation in case of previous shortcomings, disputes, and in those situations where the number of reservations by the same Customer is abnormally high.

 

Article 2: Offered Material

The offered material is described on this Website, www.skialo.com; only material categories are offered, and not any specific model. The Customer selects and books a material category, whose items are listed as an indication and have no contractual value.

 

Article 3: Rental Price

The Rental price (hereinafter referred to as “Price”) is the one indicated on the Website at the time of Reservation, and depends on the following parameters:

1. material category booked by the Customer;
2. the rental period chosen;
3. Booking date.

Booking of the material on the Website entitles to Customer to some benefits, and, in particular, to receive a Discount with respect to store prices. Discount rates shall be the ones stated on the Website at the time of the Reservation. Concerning the Rental period, the Customer acknowledges that it is indicated within the Booking procedure, expressed as weeks starting from Saturday morning to the following Friday evening. If the Reservation concerns more than one week, the Discount is determined based on the number of Rental weeks. The discount determined and shown to the Customer on the Website, based on the options selected by the Customer, shall be the only valid amount for the contractual purposes. Further discounts may result from promotional codes valid only for certain Rental Stores or types of Customers, based on the data entered on the Website.

Without prejudice to the Price and Discount determination criteria, based on the parameters above, the Customer acknowledges that the Rental fees and discounts displayed in this Website are related to each Rental Store. The Prices, net of discounts, are rounded down to a tenth of a euro cent. Prices and discount conditions are subject to changes, without prejudice to the fact that the invoicing price is determined based on the applicable conditions at the time of the Reservation. The discounts offered on the Website cannot be combined with any other promotional offer (training team discount vouchers, discount coupons, etc.). Each material Reservation made directly at the Rental Store shall be calculated based on the public list price and based on the Rental Store conditions.

 

Article 4: Booking Procedure

Online Booking can be made up to 1 day prior to the Rental starting date. At the time of the on-line Reservation, the Customer shall select the material category to be booked. After selecting the material, the Customer will be asked to confirm the Reservation. The Reservation shall be registered and accepted only after payment of the 10% advance, as stated in art. 5 of these GSC. The only proof of payment accepted is the confirmation by the online payment circuit, pursuant to the following paragraph.

 

Article 5: Rental Payment Procedure

The Customer shall pay an advance payment to the Company equal to 10% of the total Rental price (hereinafter referred to as “Advance Payment”). The Company shall collect the Advance Payment on behalf of the Rental Store. The Customer shall pay the balance of the Rental Price directly to the Rental Store, according to the conditions applied by the latter, which can be acknowledged by the Customer by contacting the Rental Store directly.

 

Article 6: Advance Payment Procedure

The Reservation shall be registered only after the Advance Payment is made.
The Advance Payment shall be paid solely online by credit card, through the PayPal payment system. Only the credit cards indicated by PayPal are accepted, and the Customer must follow the related Payment instructions.The Payment shall be considered valid only after the Company will receive confirmation by the credit card circuit. In case of non-acceptance, the Company reserves the right to cancel the Reservation. In this case, the Customer shall be notified by email. After receiving the Advance Payment via PayPal, the Company shall send an email confirming the Reservation to the Customer. This email shall contain the data related to:

1. booked material (hereinafter referred to as “Booked Material”);
2. Rental period;
3. Rental Price;
4. name and identification data of the Rental Store on behalf of which the Rental contract has been stipulated.

During the payment transaction, the Customer is automatically connected to the payment circuit server. Bank data are secured by encrypted codes and are processed by the circuit only for the time necessary to perform the transaction. The Company and the Rental Store does not receive, process or store the Customer bank data, and are completely extraneous to the payment circuit.

The Company has stipulated certain service conditions with PayPal. These conditions guarantee the functions necessary to manage a secure payment service on the Internet. PayPal manages the security of the transactions made and guarantees the protection of confidential data (encrypted key) and their management. Any financial taxes (currency exchange bank taxes, bank fees, etc.) relate to the payments made with PayPal shall be borne by the Customer.

 

Article 7: Contract Formation

Reservations are binding for the Customer and for the Rental Store. They shall become valid and effective only after the Advance Payment is made, pursuant to the previous paragraphs of these GSC; such payment shall be proven by the Customer only by forwarding the email confirming the Advance Payment and the Reservation summary document. After the Reservation is completed, the Rental Store undertakes to rent the Booked Material to the Customer, according to the conditions set forth in the Reservation and in these GSC, while the Customer undertakes to receive the Booked Material according to the same conditions.

 

Article 8: Changing a Registered Reservation

Changes to a Reservation are allowed only if related to the Booked Material category and/or size (pursuant to article 8.1) and/or to the Booked Material quantity (pursuant to article 8.2).

 

8.1 Booked Material Category and Size

All Booked Material category and/or size changes shall be carried out by the Rental Store where the Customer Booked the Material. Concerning these types of changes, the Customer must contact directly the related Rental Store, which will process the Customer's request. The Rental Store shall accept the Customer’s request provided that the requested product is available at that Store. Acceptance of a change by the Rental Store shall not have any effect on the Advance Payment made, pursuant to art. 5 of these GSC. After accepting a change, the Rental Price shall be updated at the time of the balance payment, at the conditions set forth in art. 5 of these GSC.

 

8.2 Quantity

Removing an item shall be considered as a cancellation, pursuant to the conditions set forth by art. 14 of these GSC. Our Website does not allow to add an item to a Registered Reservation; if the Customer wishes to book another item, he/she must make another Reservation concerning the additional item on our Website.

 

Article 9: Availability of the Booked Material - Rented Material Return - Rental Period

The Booked Material (which, after being collected by the Customer, shall be referred to as "Rented Material") must be collected at the Rental Store stated in the Reservation, whose name is shown in the Reservation acceptance confirmation email. The Booked Material shall be delivered only to the person who made the Reservation. To collect the Booked Material, the Customer shall exhibit the Reservation registration confirmation email to the Rental Store. The Booked Material may be collected from 6:00 PM of the day prior to the first rental day (stated in the Reservation acceptance confirmation email), provided that the related Rental Store is open at that time, and if the Booked Material is available and ready to be collected. The Rental Store shall issue a rental voucher (hereinafter referred to as “Rental Voucher”) including the Rented Material description, the Material pick-up date and its presumed return date.

The Customer shall sign the Rental Voucher at the time of pick-up. The Customer must submit his/her identity card or passport. The Rental Store may request a pre-authorization on the credit card equal to the Rental Price. Any type of Rented Material adjustment shall be made solely by the Rental Store. Furthermore, the Rental Store may request a deposit equal to the sale price (including VAT) of the Rented Material to the Customer. The deposit shall be paid as a pre-authorization on the Customer’s credit card. The deposit shall be returned to the Customer after the Rented Material is returned, except in the case where the Material is damaged, pursuant to the conditions set forth in art. 12 of these GSC. In case of delay in picking up the Booked Material, the Customer shall notify it to the Rental Store.

Rental Stores are compelled to hold the Material booked by the Customer on-line until 10:00 AM of the day following the first Rental day (indicated on the Reservation confirmation email, in case of several days). If the rental period is only one day, the Store must hold the Booked Material until 10:30 of that day. After this period, the Reservation shall be void. The Customer shall lose his/her Reservation and the Material shall be available for Rental again, without any refund due to the Customer. The Rental will start when the Customer picks up the Rented Material, for the period indicated on the Rental Voucher, and will end automatically on the date and at the time indicated on the Rental Voucher.

The Rented Material shall be returned at the end of the return date indicated on the Rental Voucher, or within 10:00 AM of the following day. If the Rented Material is returned after 10:00 AM of the day following the date indicated on the Rental Voucher, the Customer shall pay the daily rental to the Rental Store, based on the price list exhibited at the Store. The Customer shall pay all additional days to the Rental Store. The Rented Material shall be returned solely to the Rental Store where it was collected, during the Store opening hours. The Material return shall be noted on the Rental Voucher. Return of the Rented Material at the end of the Rental period is compulsory. The failure to return the Material shall be considered as embezzlement, with the application of penalties set forth in art. 646 of the Italian Criminal Code, without the need to send a letter of formal notice via registered letter and without any grounds for refusal for the Customer.

 

Article 10: Availability of the Booked Material

Since the Company records all online reservations on behalf of the Rental Stores, it shall not be liable for the unavailability of the Booked Material at the related Rental Store. In case of force majeure, the Rental Stores shall not be liable for any delay in making the Booked Material available. Force majeure cases shall also include other customers returning the materials late. However, if the Rental Store cannot make the Booked Material available to the Customer, it shall do everything in its power to supply equivalent or better material to the Customer. If the alternative offered does not meet the Customer’s needs, the Rental Store shall return the Advance Payment for the Booked Material.

 

Article 11: Use of the Rented Material

The Rented Material shall be used only by the people indicated in the Reservation, without any possibility of transfer, sub-rental or loan. The Company and the Rental Store shall not be liable for checking the identity of the people included in the Reservation, and for the correct use of the Rented Material. The Customer shall be fully liable for the identity of the people indicated in the Reservation as users of the Rented Material and undertakes on his and their behalf to check that everybody uses the material according to the terms and conditions, without endangering others, and without transferring, sub-renting or loaning it.

The Customer is free to choose the category of Booked/Rented Material, and he/she shall be fully liable if the chosen material does not adapt to the specific needs of the people listed in the Reservation as users of the Material, and for any adjustment not made by the Rental Store. The Rented Material cannot be transferred or pledged. The Customer undertakes, on his/her behalf and on behalf of the people listed in the Reservation as users of the Booked Material, to oppose to the creation of any right in rem on the Rented Material, in favour of whoever may have an impact on the Rental Store usage rights, availability or full ownership.

 

Article 12: Liability

The Customer shall be fully liable for the Rented Material from the time in which he/she takes physical possession of the same. The Customer shall be liable for preserving it under all circumstances, until its return, as set forth in art. 9 of these GSC. At the end of the Rental Period, indicated on the Rental Voucher, if the material is not returned within the set date and time, the Customer shall be fully liable for the Material until it is returned. If the Rented Material is not returned, for any reason, the Rental Store shall invoice the entire value of the Material as new plus the Rental Price to the Customer. The Customer shall notify any doubts on the conditions of the Rented Material at the time of collection to the Rental Store, and these shall be noted on the Voucher at the time of the signature. No complaint other than those made at the time of collection shall be accepted.

The Rented Material is marked or numbered, and it must be returned with the same number or mark. The Customer undertakes to return the Rented Material clean and in the same conditions as it was at the time of collection, except for any deterioration due to the normal wear and tear or to a non-manifest defect which caused the deterioration, provided that the burden of proof lies on the Customer. The Customer shall be liable for any other damage to the Rented Material, whatever the cause. To this end, the Customer shall pay the repair or replacement costs for the Material to the Rental Store, at its own discretion. All repairs shall be carried out by the Rental Store or by someone identified by the same, excluding any possibility for the Customer to directly take care of the repairs. Should repairing the Material not be technically or economically feasible, the Material shall be replaced.

In any case, the maximum reimbursement due by the Customer shall be equal to the replacement value, equal to the sale price of the new Material. Any reimbursement determined by this article shall be due by the Customer in addition to the Rental Price. The Customer undertakes to pay the reimbursement when returning the Rented Material, by taking it out of the deposit, if necessary, as stated in art. 9 of these GSC. Since the Company only receives on-line Reservations on behalf of Rental Stores, it shall not be liable for any defect or lack of quality of the Material made available to the Customer by the Rental Store.

 

Article 14: Material Booking Cancellation Conditions

 

14.1: Right of Withdrawal

The Customer can benefit from the right of withdrawal within 14 working days from the Reservation confirmation date. If the withdrawal period ends on a Saturday, Sunday or on a holiday, the expiration is extended to the next working day. The collection of the Booked Material, if occurring before the end of the 14-day period above, in any case, shall be considered as a waiver the right of withdrawal, except for the provisions set forth in paragraph 14.4. Any withdrawal request must be made via email in writing within the aforementioned period. The withdrawal request sender address must be the same as the one contained in the reservation confirmation email, otherwise it would be impossible to check the truthfulness of the request. The withdrawal request email must contain the following information (included in the reservation confirmation email):

1. Order number;
2. Order date;
3. First and last name of the reservation holder;

The withdrawal request email must be sent to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.

After receiving the withdrawal notification, sent as indicated above, both parties shall be freed from their respective obligations resulting from the Reservation. Reimbursement of the Advance Payment shall be made by the Company on behalf of the Rental Store within 30 days from the withdrawal notification.

 

14.2: Cancellation before Collecting the Rented Material but after the Withdrawal Period

For each cancellation request by the Customer before collecting the Rented Material, but after the withdrawal period, the entire Advance Payment shall be held by the Company as non-performance deposit.

 

14.3: Cancellation after Collecting the Material

In case of sickness or accident of the Customer using the Rented Material (or of any other person for which the Material has been rented) during the Rental Period, the Rental shall remain valid and the amount shall be entirely charged, except when otherwise agreed with the Rental Store.

 

14.4: Cancellation due to Weather Conditions

In case of ski slope closure or bad weather conditions, the Rental days cannot be reimbursed, except when otherwise agreed with the Rental Store.

 

Article 15: Complaints

All complaints related to the Rental service shall be managed by the Rental Store, based on the Reservation order, indicated in the Reservation acceptance confirmation, which shall remain the only counter-party against the Customer.

 

Article 16: Personal Information

Personal information of the Customer and of the people indicated by the same are strictly necessary to process the Reservation. The Company undertakes to process and protect these data pursuant to current regulations (see the ‘Privacy Policy’ section of this website).

 

Article 17: Internet Website Access Licence

The Company grants a limited website access and use license for the Customer’s personal use. This licence does not, in any case, grant to the Customer the right to download or edit the Website without the Company’s authorization. This license does not grant any other use of the Website or of its content, such as products, prices, description, data, software, graphics, images, photos, etc All the contents and items contained in this Website, both audible and visible, including the technology used, are property of the Company, and are protected by copyright and industrial property rights.