GENERAL CONDITIONS AND TERMS OF BUSINESS of Alpinsport, Bohinjsko jezero d.o.o.
GENERAL:
The general conditions and rules of operation for equipment rental, the
execution of activities/programmes, and website management of
Alpinsport, Bohinjsko jezero d.o.o., Ribčev laz 53 (hereinafter referred
to as: the provider), 4265 Bohinjsko Jezero, Slovenia are an integral
part of offers and agreements concluded between the provider and third
parties (hereinafter: the customer). By signing an agreement on
equipment hire or booking an activity, the customer confirms that they
have been familiarised with the provider's general terms of business and
expressly agrees with them by signing a special form for equipment
rental/execution of an activity, or by submitting a booking/reservation
through the website. At the same time, the customer explicitly
recognises that for all legal relationships between them and the
provider, the agreement concluded and the general terms and conditions
in question apply. The general terms and conditions of business of the
provider refer to all products and services that the provider offers.
More specifically the general terms and conditions of business of the
provider define the rights and obligations for equipment hire, the
rights and obligations of customers whereby organised activities are
carried out, the purchase of products, and the rights and obligations
related to personal data which the customer states at the time of
booking or on conclusion of an agreement. The general terms and
conditions of business define the method and legal consequences of
cancellation or modification of a booking for both the customer and the
provider. The general terms and conditions of business are published on
the website of the provider -
http://www.alpinsport.si/Slovensko/splosnaDolocila and at the registered
office of the company where they are kept in physical form. Prior to
the conclusion of any booking or agreement, the customer will be sent
the general terms and conditions of business which they must read and be
fully acquainted with. At the time of booking or placing an order, the
customer shall provide their personal data as necessary for the
conclusion of the agreement. The customer is responsible for the
accuracy of this information. Insofar as these data are not true and
affect other business conditions, this is considered a breach of the
agreement. When making a booking for a product or service, or upon
signing an agreement, the customer must prove their identity with a
valid identity document. The provider is not liable for any incidents or
damage caused by the equipment being hired and the activities that are
the subject of the arrangement. The provider undertakes to make every
effort to ensure that information published on the website is up-to-date
and correct. However, in certain cases the characteristics of the
services or the prices may change and the provider may not always
immediately correct the data on the website. In such a case, the
provider will notify the customer of the changes and will allow them to
cancel or exchange the booking.
EQUIPMENT HIRE:
Hire of equipment is at your own risk and the customer must be aware of
all the features of the equipment and the risks associated with its use.
Equipment is hired on the basis of a concluded agreement, of which
these general terms and conditions of business are an integral part, and
may only be used by adults or juveniles in so far as they are
accompanied by their parents or other adult persons. The provider does
not permit the hire of equipment to customers who are under the
influence of alcohol or drugs. The provider also does not hire equipment
to persons with mental health disorders or physically handicapped
persons whose activities could endanger their own safety or that of
others if they are unaccompanied by a parent or guardian. During the
hire period, the provider is not responsible for theft, loss or damage
to any personal items of the customer.
RECEIPT:
The customer may take over the equipment owned by the provider after all
the conditions have been met and after signing the agreement, an
integral part of which is the general terms and conditions of business.
The customer must check the condition of the equipment being hired and
confirm to the provider that the equipment is in good condition or alert
the provider to any visible damage or damage to the equipment. If the
equipment is not in perfect condition, a written note is made. On
receipt, the customer must ensure that the equipment is carefully
handled and undertake that they will not leave the equipment unattended
during the hire period. The equipment hired is technically faultless at
the time of receipt, which is also checked by the customer together with
the provider. At the same time, the provider informs the customer about
the correct use of the equipment and provides instructions about the
safety precautions required for the proper and safe use of the
equipment. The customer hires equipment at their own risk.
RETURN:
The customer must return the equipment hired at the time and place
agreed, usually the place where the equipment is hired. The customer is
obliged to protect the hired equipment and return it undamaged or in a
faultless condition. In case of a delay in return, each interval
(additional day, hour) is charged separately. If due to the late return
of the hired equipment the provider is unable to meet the requirements
of a following reservation, the provider has the right to charge the
customer the total cost of the new hire for the customer who had
reserved the equipment for hire.
DAMAGE:
The equipment hired must be returned in the condition it was in at the
time of hire by the customer, taking into account regular wear and tear
during normal use. The customer must return the equipment undamaged,
clean, with all the related parts and accessories that they received at
the time of hire in order that the equipment is suitable for reuse. The
provider may request the customer to reimburse the costs of possible
cleaning and/or repair or replacement of the damaged/destroyed
equipment. The customer is obliged to reimburse the provider for any
material and non-material damage caused by damage to the equipment hired
due to intentional, negligent or incorrect handling of the equipment in
contravention of the arrangement or purpose of the hire.
USE:
The customer must take great care to use the equipment in accordance
with the instructions of the provider and the purpose of use of the
equipment. The customer may not use the equipment hired or operate it in
the event that: (i) the customer is aware that the equipment is not in a
technically perfect condition; (ii) the customer does not know how to
use the equipment; (iii) the customer is under the influence of alcohol,
drugs or other illicit substances; (iii) the customer intends to allow a
third party to use it who is not party to the rental agreement; (iv)
for any purpose that is contrary to the purposes for which an
arrangement has been made for the hiring of equipment, of which these
general terms and conditions of business are an integral part.
EXCLUSIONS TO THE PROVIDER'S RESPONSIBILITY:
In relations with the customer and/or third parties the provider is not
liable for any damage or damage caused by the customer between and/or
during use of the equipment hired due to improper use, failure to follow
the instructions for use, irresponsible handling of the equipment,
negligent handling of the equipment or other reasons. By concluding an
agreement, the customer irrevocably and explicitly waives any claims
arising from claims for damages as defined in this point.
EQUIPMENT HIRE (SUMMER):
Hire of equipment is charged at half-hourly, hourly or daily intervals.
Hire of vessels is adapted to the weather and water conditions.
Water-based activities on the Sava Bohinjka river are permitted from
10am-5pm between 1st April and 31st May and from 1st September to 31st
October, and from 9am-7pm between 1st June and 31st August.
EQUIPMENT HIRE (WINTER):
Hire of equipment is charged at daily rates. The provider particularly
alerts the customer to certain risks posed by the use of winter
equipment. The safety bindings for skis, snowboards, cross-country skis,
and snowshoes cannot guarantee complete safety. By signing the
agreement the customer agrees that the hire of equipment is at their own
risk and free will, notwithstanding all the risks associated with
winter sports.
ACTIVITIES:
The provider organises its activities responsibly and safely. For safety
reasons, care and attention is required by the customer who must follow
the instructions given by the provider before the start of the
activity. The customer participates in activities that they have has
been made familiar in such a way that the activity is carried out
recognising all the potential risks. The rules on insurance and
accountability for organised activities are defined specifically for
each activity. The customer will be informed of all the specifics of the
activity that they intend to take part in. The customer must follow the
given instructions in order to not endanger themselves and other
participants in the activity.
LIABILITY AND OBLIGATIONS OF THE CUSTOMER:
The customer participates in organised activities or courses at their
own risk. The customer is fully responsible for all damage and damage to
themselves, personal property, the equipment hired and other equipment
and objects, as well as any damage or injuries caused to third parties.
The provider is not responsible for any damage incurred and is not
liable to the customer or any third parties. The customer irrevocably
and explicitly waives all claims arising from claims for compensation by
concluding this agreement. The customer is obliged to take care of
their own safety, as well as the safety of other participants in the
activity and third parties. The customer must observe all the safety
instructions of the provider or the instructions of those executing the
activity on behalf of the provider (hereinafter: the subcontractor). If a
customer fails to comply with the instructions of the provider or the
subcontractor executing the activity on behalf of the provider, and
fails to comply with safety instructions or in any other manner (e.g. by
using inadequate equipment) threatens themself, another person or
thing, the provider or sub-contractor of the course/activity may exclude
the customer from the course/activity, refuse to continue the provision
of services, and, in such a case, the customer is not entitled to
repayment of paid services. A customer may only engage in activities
with appropriate equipment, in an appropriate psychological and physical
state, and must not be under the influence of alcohol, drugs or other
psychoactive substances. The customer is obliged to take care of the
equipment that they use when performing the activities in the manner
determined by the provider. The customer must have adequate health and
accident insurance before taking part in the course/activity.
ACTIVITIES (WINTER):
The maximum number of participants in a group is 10 beginners or 12
participants of an intermediate level or above. Courses begin and end at
the ski school MEETING POINT. The group will only wait a maximum of 5
minutes for latecomers. Participants under the age of 15 must be
accompanied by at least one parent or guardian at the start and end of
the course or one-to-one session. One-to-one sessions last 55 minutes.
PERSONAL DATA:
By accepting these general terms and conditions, the customer also
expressly agrees that the provider may process the personal data
provided when booking a service or when concluding an agreement in
accordance with the contractual purpose. The personal data thus obtained
are necessary for the fulfillment of contractual obligations or the
exercise of the rights of the parties in connection with the concluded
agreement. The information collected thus remains confidential to the
provider. Certain information (height, weight, foot size, date of birth,
skiing ability) are essential for the correct adjustment of equipment
which is carried out according to the international standards for the
proper and safe operation of equipment in emergency situations. The
information the customer provides in a special consent expressly
authorises the use of this information for the purposes of direct
marketing and the sending of notices from the provider and shall be kept
until cancellation of the consent. The customer may at any time in
writing or in an agreed manner ask the provider to stop sending and
using information for these purposes. The provider ensures that the
personal data obtained are not forwarded to third parties without the
customer's permission, unless the third party or authority has the
appropriate legal basis (in particular for the needs of judicial,
administrative and other related procedures). The provider ensures the
careful protection of customers' personal data in accordance with
applicable legislation and has adopted the Personal Data Protection
Policy, which is an integral part of these general terms and conditions.
Find out more about our personal data management rules at:
www.alpinsport.si (Privacy Policy)
CUSTOMER CANCELLATION OR CHANGE OF SERVICES:
The customer has the right to cancel the services they have booked with
the provider. The amount of reimbursement depends on the time in which
the customer submitted the cancellation to the provider. In the event of
cancellation, the customer is obliged to settle: cancellation 3 days to
24 hours prior to the start of the requested service: 10% of the price
of the service; cancellation 24 hours prior to the start of the service:
100% of the price of the service; non-participation of the activity
without cancellation: 100% of the price of the service. If the customer
interrupts the activity whilst taking part in the booked
activity/course, they do not have the right to reimbursement of the
costs or purchase price, in part or in whole. If the customer changes
the activity during its implementation, this is considered a departure
from the original agreement and a booking for a new activity is made,
for which a new calculation of the services is made according to the
price list. The provider also allows the exchange of an activity prior
to its start, which is considered a departure from the original
agreement and the booking of the new activity. The cost to the customer
in connection with withdrawal from the arrangement is the direct cost of
a bank transaction in the TrekkSoft system in the event that the
activity is booked through the site.
PROVIDER'S CANCELLATION OR CHANGE OF SERVICES:
The provider does not assume responsibility for programme changes due to
the appearance of any force majeure during the course of the activity.
In such cases the provider has the right to provide customers with
services in a modified form, depending on the existing situation and
options. In such a case the customer cannot cancel the service. The
provider will terminate the service if it is not possible to execute it.
In the event that the provider terminates the activity, the customer
has the right to a full refund of the price paid for the service
ordered. The partial closure of ski slopes due to bad weather or
technical problems is not a sufficient reason for cancellation of
programmes. The provider is not responsible for any delays in public
transport, delay dues to the crowding on cableway installations, or for
any changes to the programme that would result from such delays.
ACCESSIBILITY OF INFORMATION:
The provider undertakes to always provide the customer with the
following information: a) the identity of the company (name and
registered office, registry number), b) contact details that enable the
customer to communicate quickly and effectively (e-mail, telephone), c)
the essential characteristics of goods or services (including
after-sales services and warranties), d) the availability of products
(any product or service offered on the website should be accessible
within a reasonable time), e) the terms of delivery of the product or
the execution of the service (manner, place and deadline of delivery),
f) all prices must be clearly and unambiguously determined and it should
be clearly reflected in the prices shown whether they already contain
taxes, possible transport costs, tickets and other associated costs g)
the method of payment and delivery, h) the time validity of the offer,
i) the time limit within which it is still possible to cancel the
arrangement, the terms of cancellation and the consequences of
cancellation (including the costs of cancellation and return of
equipment), j) an explanation of the appeal process, including all the
information about the contact person or department for contact with
customers.
TERMS OF BUSINESS OF THE WEBSITE:
The website www.alpinsport.si is managed by Alpinsport, Bohinjsko
jezero, d.o.o., Ribčev Laz 53, 4265 Bohinjsko Jezero as a provider of
e-commerce. The site's software is provided by TrekkSoft AG,
Hauptstrasse 15, 3800 Matten b. Interlaken, Switzerland (hereinafter
referred to as TrekkSoft). The site allows customers to book
appointments for reservations or bookings of organised activities and
reservations for hire of equipment. Upon registering on the website
system, the visitor obtains a username that is identical to their email
address of the user. The entered information is uniquely determined by
the customer and linked to the use of the website. Upon registration the
customer becomes a user and acquires the right to purchase. All
payments via the site are made to the TrekkSoft account. The general
terms and conditions of business deal with the operation of the website,
the rights of the user, and the business relationship between the
provider and the customer. The general terms and conditions of Trekksoft
are published on the website: https://www.trekksoft.com/en/legal
BOOKING/PAYMENT PROCEDURE THROUGH THE WEBSITE:
To make a reservation and make payment for services in the TrekkSoft
system, the customer may enter their basic information at the time of
booking and thus obtain a user name and password. By submitting the
booking and entering the required information (name, surname, age,
height, ability...), the customer acquires the right to hire the
equipment or book a place on organised activities. When a reservation is
made, the customer must click on the displayed blank box, in which a
tick will then appear to confirm unambiguously the acceptance of the
general terms. Without this process, no bookings are possible. Finally,
the customer makes a payment using the selected credit/debit card.
Confirmation of the reservation/payment: The customer receives a
'voucher' confirming the reservation and activities or the equipment to
be hired, a payment receipt and, if necessary, a more detailed
description of the activity or more detailed information on the
equipment to be hired. In the case of online reservations, the agreement
on the hire of equipment or booking for activities/courses is
considered concluded at the moment when the provider creates a
reservation with a confirmation message via e-mail, of which a 'voucher'
is also part. Execution of the booking: The provision of services, i.e.
hire of equipment or organised activities, is at the agreed location on
the basis of the general terms and conditions of business.
PAYMENT METHODS:
The provider offers the following payment methods: payment via
TrekkSoft's online payment system (credit/debit cards), by cash or debit
card at the head office of the company or its business unit, by a
transfer to the account of the company Alpinsport, Bohinjsko jezero,
d.o.o. (upon receipt of an offer/invoice). Payment must be made in full
either before the start of the organised activity, during its
implementation or following its completion. For the hire of equipment,
payment is usually made when the equipment is returned according to the
actual hire period. The invoice is issued by the provider prior to the
start of the activity, while payment for equipment hire is, as a rule,
made upon the return of the equipment. A copy of the invoice is kept at
the headquarters of Alpinsport, Bohinjsko jezero, d.o.o. and can be sent
to the customer electronically or in writing at their request.
PRICE OF PRODUCTS ONLINE:
The regular prices are indicated by the prices applicable at the online
store www.alpinsport.si. Prices are valid at the time of the submission
of orders and do not have a predefined validity. All prices include VAT,
unless expressly stated otherwise. The prices apply in the case of
payment using the above-mentioned payment methods, subject to the above
conditions. Although every effort is made to provide the most up-to-date
and accurate data, it is possible that the price information may be
incorrect. In this case, or in the event that the price of the item
changes during the processing of an order, the provider will allow the
customer to withdraw from the purchase, and at the same time the
provider will offer the customer a solution that will be to their mutual
satisfaction. The sales contract between the provider and the customer
is concluded at the moment when the provider confirms the order. From
that moment on, all prices and other conditions are fixed and apply to
both the provider and the customer. The validity of gift certificates is
1 year from the date of purchase.
RIGHT TO CANCELLATION OF PURCHASE:
The customer has the right to withdraw from the purchase of products
under the general rules of the law of obligations. Pursuant to Article
782 of the Code of Obligations, the client may request the return of the
purchase price from the provider to their bank account no later than 15
days, while they are is obliged to compensate for any damage caused to
the provider by their withdrawal from the sales contract in cases where
there were no compelling reasons for cancellation.
NOTICES:
The provider will contact the customer via means of e-communication only
when the customer expressly consents to receive advertisement messages
from the provider. Advertising emails will contain the following
elements: they will be clearly and unequivocally labelled as advertising
messages, the sender will be clearly visible, various campaigns,
promotions and other marketing techniques will be designated as such.
The conditions for participation in them will also be clearly defined,
the way to unsubscribe from the receipt of advertising messages will be
clearly presented, and the provider will respect the customer's wish to
not receive advertising messages.
COMPLAINTS AND DISPUTES:
The provider respects the applicable consumer protection legislation.
The provider endeavours to fulfill its duty to establish an effective
complaint handling system. For this purpose the provider has a nominated
person whom the customer can contact by telephone or e-mail in the
event of a problem. The complaint procedure, which is available on the
website, is easy to use and confidential. The provider will acknowledge
receipt of the complaint within five working days and inform the
customer of the estimated duration of processing of the complaint. In
doing so, the provider will inform the customer about the course of the
proceedings and, finally, inform them about its decision. The provider
always tries to settle any disputes or problems by mutual consent.
POLICY OF PERSONAL DATA PROTECTION (ALPINSPORT):
The protection of our customers personal information is very important
to us and, accordingly, we strive to handle all our activities with care
and to ensure the highest level of privacy by providing appropriate
technical and organisational measures to ensure a high level of security
of personal data. Our customers personal data is processed in
accordance with current standards and personal data protection
legislation, in particular as defined by the General Regulation on the
Protection of Personal Data (EU Regulation 2016/679 of the European
Parliament and of the Council, hereinafter also the 'GDPR') and
Slovenian legislation (the Personal Data Protection Act (ZVOP)) in force
at the time. The purpose of the Privacy Policy is to inform all users
and subscribers of our services about all the necessary information
related to the processing of their personal data.
ADMINISTRATION OF PERSONAL DATA:
The personal data manager is Alpinsport, Bohinjsko jezero, d.o.o.,
Ribčev Laz 53, represented by the director, Mr. Andrej Podlipnik
(hereinafter: the manager or Alpinsport).
SCOPE, PURPOSE AND STORAGE OF PERSONAL DATA PROCESSING:
Customer information will be carefully protected against loss,
disclosure, alteration or abuse. The provider will process the personal
information provided to us solely for the purposes for which the
customer has forwarded it. If there is a need for the data to be used
for some other purpose, the provider will inform the customer about this
beforehand and/or ask for their consent. The provider collects and
processes personal information in the following cases: hire of sports
equipment; organising sports activities and tourist services; purchase
in the online store, order of gift certificates and communication with
customers. Personal data is collected and processed for the purpose of
identifying an individual within the framework of the conclusion of a
contract, informing customers about any possible changes to orders or
purchases, to provide additional details and instructions about the
activity, to resolve any problems or objections and, above all, to
ensure safe execution of the activity. Processing of personal data for
the purpose of hiring sports equipment: When hiring sports equipment the
provider collects and processes the following personal information:
name and surname*, e-mail address*, phone number*, address or address of
the accommodation provider where the customer is staying at the time of
equipment hire, type and quantity of sports equipment to be hired*,
period of hire*. Data shown with an asterisk are compulsory for the
conclusion and implementation of a contract for hiring sports equipment,
on the basis of which the user hire sports equipment from the provider
as the transmission of the said data is a prerequisite for the
conclusion of the contract and the performance of Alpinsport's services.
The data referred to in the first paragraph of this item shall be kept
for a period of five years following conclusion of the contract, which
represents execution of the entire service. Organisation of sports
activities and tourist services: When organising sports activities and
tourist services the provider collects and processes the following
personal information: name and surname; e-mail address; phone number;
address or address of the accommodation provider where the customer is
staying at the time of hiring equipment; number and size of compulsory
sports equipment (such as helmets, neoprene clothing, climbing belt,
canyoning shoes); age, time period of the activity. The data are
obligatory for the conclusion and implementation of a contract for the
organisation and implementation of sports activities and/or tourist
services, on the basis of which Alpinsport organises and carries out the
desired service. The provision of these data is a prerequisite for the
conclusion of a contract and the provision of Alpinsport's services. The
data referred to in the first paragraph of this point shall be kept for
a period of five years following conclusion of the contract, which
represents the performance of the entire service. Purchase at the online
store and purchase of gift certificates: When purchasing at the online
store and issuing gift certificates the provider collects and processes
the following personal information: name and surname, e-mail address,
the value of the gift certificate; information on ordered items, invoice
information (name and surname, address); data for postage (name and
surname, address). The data are obligatory for the conclusion and
execution of a sales contract between the customer and Alpinsport. The
transmission of these data is an indispensable condition for the
conclusion of a contract and the implementation of Alpinsport's
services. The data referred to in the first paragraph of this point
shall be kept for a period of five years from the delivery of the
purchased goods, gift voucher, or delivery of the order if for any
reason it does take place. Communication: In cases where customers have
contacted the provider through the online form, e-mail, by phone or
personally, for the purposes of further communication with the customer
the provider stores and processes the personal information provided by
the customer during communication. The provider will keep data for the
needs of evidence for a period of five years from the date of
communication. In the event that a customer has given consent to the
direct marketing of the provider's services on an online or physical
form, the terms of the consent are subject to the terms of the
application for direct marketing and are available to customers at the
time of registration. Common provisions regarding the processing and
storage of personal data: Personal data collected and processed for the
purpose of hiring sports equipment and the organisation of sports
activities and tourist services will be provided to rescue services,
competent authorities and other persons, if necessary, due to the
emergence of circumstances requiring such intervention on the basis of
the law or the protection of life interests of the customer or other
persons in urgent cases. In the event that the involvement of a
subcontractor (e.g. a direct provider of activities or services, a
postal and delivery service provider, etc.) is required for the
implementation of a particular service, the customers personal data for
which this is strictly necessary will be transmitted to such a
subcontractor under the terms as defined in this Personal Data
Protection Policy. For the purposes of accounting and management of the
accounting documentation, information about the customer and the ordered
service or goods will be kept throughout the statutory retention
period, which is 10 years after the expiration of the year to which the
invoice relates. TrekkSoft AG, Hauptstrasse 15, CH 3800 Matten b.
Interlaken, Switzerland, provides software for the operation of the
online store and payments on the website. As an external service
provider whereby it represents a contractual processor of personal data
for Alpinsport, TrekkSoft ensures the protection of customers personal
data and provides appropriate guarantees for the implementation of
appropriate technical and organisational measures to meet the
requirements of the General Data Protection Regulation. To the same
extent, personal data may be transmitted to Switzerland as a third
country, which ensures an adequate level of protection of personal data.
Data transmitted in a form that does not allow customer identification
can also be used for the statistical purposes of the provider, such as,
for example, data on website traffic, statistics on the scope of
settling contracts in electronic form, etc.
RIGHTS OF THE INDIVIDUAL:
As the controller of data, the provider guarantees customers effective
control over their personal data and rights in accordance with the
General Data Protection Regulation. Customers may at any time request
access to their personal information, request their correction insofar
as the data is not accurate, the deletion or restriction of processing
of data, and also have the right to object to the processing and
transfer of data under the General Data Protection Regulation. Should a
customer be of the opinion that the rules or rights regarding the
protection of their personal data have been violated, they should inform
the provider who will endeavour to correct any possible violations in
the shortest possible time, and, at the same time, the customer has the
right to file a complaint with the Information Commissioner. For
additional information regarding the collection and processing of
personal information, please contact the provider at its company
headquarters or by e-mail at
[email protected]
Director, Andrej Podlipnik, Alpinsport, Bohinjsko jezero, d.o.o., Ribcev Laz 53, 4265 Bohinjsko Jezero