General rental terms and conditions

Introduction

The website www.skialo.com (hereinafter the “Website”) is operated by:

Livigno Sport S.r.l.
Via Saroch, 583 – 23030 Livigno (SO) – Italy
Registered with the Sondrio Companies Register, tax code no. 92014300146
E-mail: info@skialo.com – PEC (certified e-mail): pec@livignosport.ws

hereinafter the “Company”.

Through the Website the Company accepts bookings (hereinafter the “Booking”) of ski and snowboard equipment (skis, snowboards, boots and helmets; hereinafter the “Equipment”) to be rented at its own Skialo shops in Livigno: Doss, San Rocco and Carosello (hereinafter the “Shop”). The person who makes the Booking is hereinafter referred to as the “Booking Holder”.

These General Rental Terms and Conditions (hereinafter the “Terms”) govern the rental contract between the Company and the Booking Holder. Confirming a Booking implies full acceptance of the Terms. The Company may amend the Terms over time: each Booking is governed by the Terms published on the Website at the time of confirmation.

These Terms do not apply to bicycle rental.

Article 1 – Legal capacity

The Booking Holder declares to be at least 18 years old and legally capable of entering into contracts online. The Company reserves the right to refuse a Booking in case of previous breaches or disputes with the Booking Holder, or in case of an unusual number of bookings. If a Booking is refused, any deposit paid is refunded in full.

Article 2 – Equipment

The Website offers categories of Equipment, not specific models. The Booking Holder chooses and books a category: the models and features shown are purely indicative and have no contractual value.

Article 3 – Price, discounts and discount codes

3.1 The rental price (hereinafter the “Price”) is solely the one shown on the Website at the time of the Booking and depends on the category of Equipment, the number of rental days (from the rental start date to the rental end date) and the date of the Booking. Prices include VAT (0%).

3.2 Booking on the Website entitles the Booking Holder to the online discount shown on the Website at the time of the Booking, calculated on the price list displayed in the Shop.

3.3 Any discount codes are added to the online discount. Unless otherwise indicated by the Company, discount codes cannot be combined with each other. Each discount code applies under the conditions set by the Company and only to rentals whose start and end dates fall within its validity period.

3.4 Prices, net of discounts and reductions, are rounded down to the nearest tenth of a euro cent. Prices and discounts may change: those in force at the time of the Booking apply. Bookings made directly in the Shop follow the Shop’s price list and conditions.

Article 4 – Booking

Bookings can be made on the Website until 23:59 on the day before the rental start date. The Booking Holder selects the Equipment and the rental start and end dates and confirms the Booking. The Booking is registered only after payment of the deposit provided for in Article 5.

After the deposit has been paid, the Company sends the Booking Holder a confirmation e-mail stating: the Equipment booked, the rental start and end dates, the Price and the pick-up Shop.

Article 5 – Payment

5.1 Deposit. When booking, the Booking Holder pays online a deposit equal to 10% of the total Price, through the payment system active on the Website (PayPal or Stripe), using the cards accepted by the payment system. On request, the deposit can be paid by bank transfer.

5.2 Balance. The balance of the Price is paid in the Shop. Paying the full amount online is not possible.

5.3 No fees related to the payment method are added to the Price.

5.4 During online payment the Booking Holder is connected directly to the payment system. The Company does not receive, process or store payment card data.

Article 6 – Conclusion of the contract

The Booking is binding on the Booking Holder and on the Company from the moment the deposit is paid, as evidenced by the confirmation e-mail. With the Booking, the Company undertakes to rent the booked Equipment under the conditions of the Booking and of these Terms.

Article 7 – Changes to the Booking

7.1 Before the rental starts. The Booking can be changed even after confirmation, by request via e-mail to info@skialo.com, subject to availability of the Equipment and to payment of any price difference with the balance in the Shop. Removing an item counts as a cancellation and is governed by Article 12.

7.2 During the rental. In the Shop it is possible to change the model or size of the Equipment, subject to availability. It is possible to switch from skis to snowboard and vice versa: if the price bands differ, a price difference may be payable.

Article 8 – Pick-up of the Equipment

8.1 The Equipment is picked up at the Shop indicated in the confirmation e-mail, by showing the confirmation e-mail and an identity document (ID card, passport or driving licence) of a person aged 18 or over, who may be different from the Booking Holder.

8.2 Early pick-up. The Equipment can be picked up from 17:00 on the day before the rental start date until the Shop closes, only if the Equipment is available and has already been returned, set up, cleaned and (boots and helmets) sanitised. In high season this is not always possible: we recommend contacting the Shop beforehand.

8.3 At pick-up the Shop issues a rental voucher (hereinafter the “Voucher”) with a description of the Equipment, the pick-up date and the return date, signed by the person picking up. Adjustments to the Equipment are carried out exclusively by the Shop. The Company reserves the right to request a security deposit or a pre-authorisation on the payment card, which is released on return unless the Equipment is damaged (Article 11).

8.4 The person picking up must check the Equipment at pick-up and immediately report any existing defects or marks, which are noted on the Voucher. If nothing is reported, the Equipment is deemed to have been delivered in good condition.

8.5 In case of late pick-up, the Booking Holder must inform the Shop. The booked Equipment remains available until 10:00 on the day after the rental start date. After this time the Booking lapses, the Equipment becomes available for rental again and Article 12.3 applies.

Article 9 – Return of the Equipment

9.1 The Equipment must be returned by 18:00 on the rental end date, to the Shop where it was picked up, unless otherwise indicated or agreed with the Shop, during opening hours. The return is noted on the Voucher.

9.2 Each day of late return is charged as an additional rental day, according to the price list displayed in the Shop.

9.3 If the Equipment is not returned, the Booking Holder pays the value of the Equipment equal to the purchase price paid by the Company, as shown on the relevant invoices, in addition to the Price. The Company reserves the right to take legal action.

Article 10 – Availability of the Equipment

If the booked Equipment is not available, the Company will do its best to provide Equipment of equivalent or higher quality. If the proposed alternative does not satisfy the Booking Holder, the Company refunds the amount paid for the booked Equipment. The Company is not liable for delays in making the Equipment available due to force majeure, including late return by other customers of previous rentals.

Article 11 – Use, custody and damage

11.1 The Equipment may only be used by the persons named in the Booking and may not be transferred, sublet, lent or given as security, not even free of charge. The Booking Holder freely chooses the category of Equipment and guarantees that the persons named are able to use it correctly, carefully, without endangering others and in compliance with the rules in force.

11.2 From pick-up until return, the Booking Holder is responsible for the custody of the Equipment. The Equipment is numbered or marked and must be returned with the same number or mark, clean and in the condition in which it was picked up, except for normal wear and tear and defects of the Equipment.

11.3 The rental includes damage cover for regular use (no complete breakage, no theft), for example scratches and marks on the base.

11.4 For damage not covered by Article 11.3, the Booking Holder pays the cost of repair. If repair is not technically or economically possible, the Booking Holder pays the cost of replacement, up to the purchase price paid by the Company, as shown on the relevant invoices. On return, the Shop indicates the damage found and its cost. Repairs are carried out only by the Shop. The amounts are due on return, in addition to the Price, including through the security deposit or pre-authorisation referred to in Article 8.3.

11.5 The Company does not provide insurance: the Booking Holder may, if they wish, take out their own personal insurance.

11.6 Damage caused by manufacturing defects of the Equipment is the responsibility of the manufacturer, pursuant to Articles 114 et seq. of the Italian Consumer Code. In these cases the damage to the Equipment is not charged to the Booking Holder and the Company replaces the Equipment.

Article 12 – Cancellation and refunds

12.1 Pursuant to Article 59(1)(n) of the Italian Consumer Code (Legislative Decree 206/2005), the right of withdrawal does not apply to leisure services with a specific date or period of performance, such as equipment rental. Instead, the Company offers the free cancellation provided for in Article 12.2.

12.2 Up to 24 hours before the rental start, the Booking Holder may cancel the Booking for any reason and the deposit is always refunded. Cancellation must be requested by e-mail to info@skialo.com, from the same address used for the Booking, stating the order number, the order date and the first and last name of the Booking Holder. The refund is made within the necessary processing time.

12.3 In case of cancellation within the 24 hours before the rental start or of failure to pick up (Article 8.5), the Company reserves the right to retain the deposit.

12.4 In case of illness or injury, upon presentation of a medical certificate, the Company refunds the unused rental days starting from the day after the injury or illness.

12.5 The rental remains payable even in case of bad weather or closure of slopes, because the Equipment remains at the Booking Holder’s disposal. The Company reserves the right to assess a refund on a case-by-case basis.

Article 13 – Delivery

The Equipment is picked up and returned exclusively in the Shop. Delivery to hotels is not available.

Article 14 – Complaints

Complaints can be made in the Shop or to the Company using the contact details given in the Introduction.

Article 15 – Personal data

The personal data of the Booking Holder and of the persons named by them are necessary to manage the Booking and are processed by the Company in accordance with Regulation (EU) 2016/679 (GDPR) and applicable law, as described in the Privacy Policy published on the Website.

Article 16 – Licence to access the Website

The Company grants a limited licence to access and use the Website for personal use. The licence does not allow downloading or modifying the Website in whole or in part without the Company’s consent, nor any other use, in particular commercial use, of the Website or its contents (products, prices, descriptions, data, software, graphics, images, photographs, etc.). All contents of the Website, including the technology used, are the property of the Company and are protected by copyright and industrial property law.

Article 17 – Governing law and jurisdiction

These Terms are governed by Italian law, without prejudice to mandatory consumer protection rules. For disputes with consumers, the court provided for by consumer protection law has jurisdiction. In all other cases, the Court of Sondrio has exclusive jurisdiction.

Article 18 – Language

These Terms are published in Italian, English, German, French, Polish, Danish and Dutch. In case of discrepancies between the versions, the Italian text prevails.

Article 19 – Specific approval

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, by signing the Voucher when picking up the Equipment, the following articles are specifically approved: 8.5 (lapse of the Booking in case of failure to pick up), 12.3 (retention of the deposit) and 17 (jurisdiction for non-consumers).