Terms and Conditions

Broski GmbH

- hereinafter referred to as "the Company" -

II. 1. / The presentation of sports equipment on the domain broski.at does not constitute a binding offer by the Company to conclude a contract. The customer is merely enabled to make an offer by making a booking and to prepay the fee to be paid. By submitting the booking on the website, the customer makes a binding offer aimed at concluding a contract for (1) the rental of sports equipment, (2) the delivery of the rented sports equipment to the customer's accommodation at the beginning of the rental relationship and (3) the collection of the rented sports equipment from the customer's accommodation at the end of the rental relationship.

II. 2. / By completing the booking, the customer acknowledges these General Terms and Conditions as the sole basis for the legal relationship with the Company.

II. 3. / The Company confirms receipt of the customer's booking and receipt of the payment by sending a (confirmation) email. This confirmation constitutes acceptance of the contract offer by the Company. There is no right to conclude a contract. The Company is entitled to refuse to conclude a contract without giving reasons.

III. 1. / All prices stated by the Company on its website are to be understood as inclusive of value added tax, unless otherwise expressly stated.

III. 2. / Payment by the customer must be made by advance payment (instant transfer). In the event of default in payment by the customer, the Company is entitled to claim, at its option, compensation for the actual damage incurred or default interest at the statutory rate; these amount to 4 percent per annum for consumers and 9.2 percent per annum above the base rate for businesses.

III. 3. / The customer may cancel the contract via the function provided for this purpose in the booking overview (button "Access Bookings") up to 48 hours before the agreed delivery date at the latest, without the customer having to pay a cancellation fee to the Company. The receipt of the customer's declaration by the Company is decisive for compliance with the deadline. If the contract is cancelled less than 48 hours but at least 24 hours before the agreed delivery date, the customer must pay a (cancellation) fee of 50 percent of the agreed price, and if the contract is cancelled less than 24 hours before the agreed delivery date, a (cancellation) fee of 100 percent of the agreed price to the Company. There is no right of withdrawal under the Federal Act on Distance and Off-Premises Contracts (FAGG) (§ 18 para. 1 no. 10 FAGG).

IV. 1. / The Company only delivers within the Republic of Austria. Delivery is made exclusively to the customer's accommodation.

IV. 2. / The entire day (0 to 24 hours) before the start of the agreed rental relationship is considered the binding delivery date. However, the Company is entitled to exceed the agreed delivery date by up to 8 hours. The Company is only in default after this period has expired.

IV. 3. / The Company is only obliged to perform the service when the customer has fulfilled all his obligations that are necessary for performance. These obligations of the customer include in particular the payment of the fee and - if the delivery location is not a partner hotel of the Company and the customer does not receive the sports equipment himself - the naming of a contact person designated by him (receptionist, accommodation owner, etc.) to whom the sports equipment can be handed over or on the basis of which the Company can identify a contact person to whom the sports equipment can be handed over.

IV. 4. / In the event that neither (1) the customer, nor (2) the contact person designated by the customer, nor (3) the contact persons identifiable by the Company (within the meaning of the preceding point) are available or willing to accept delivery at the delivery date, the Company is entitled to withdraw from the contract after the fruitless expiry of a (reasonable) period to be set by it, within which the customer must enable delivery; this does not apply, however, if the aforementioned group of persons is merely not available or willing to accept delivery at certain times at the delivery date.

IV. 5. / The transfer of risk to the customer occurs at the earliest upon handover of the sports equipment (1) to the customer, (2) to the contact person designated by the customer or (3) to a contact person identified by the Company (within the meaning of the preceding point), but at the latest upon receipt by the customer of the information from the Company that the sports equipment has been delivered.

IV. 6. / In the event of non-acceptance by the customer, the Company may exercise its legal rights arising from default of acceptance.

V. 1. / The sports equipment may only be used for the duration of the agreed rental relationship and only by the customer. If the customer also rents sports equipment for third parties, he must ensure that each third party only uses the sports equipment assigned to the respective third party according to the booking.

V. 2. / The customer must immediately report any defects to the Company in writing (by email) or orally (by telephone). The Company offers telephone customer service at +43 660 6953255. This enables the customer to contact the Company directly. The customer has no right to telephone customer service and the Company is entitled to discontinue telephone customer service temporarily or permanently at any time - even without prior notice.

V. 3. / In the event of a justified complaint of defects, the customer has the right to improvement or replacement of the sports equipment by the Company. The Company will remedy the defects within a reasonable period, whereby the customer must enable the Company to take all measures necessary for investigation and remedy of defects. The Company is entitled to refuse to improve the service if this is impossible or involves disproportionately high effort for the Company. In this case, the customer has the statutory rights of conversion or reduction. In the case of improvement, it is the Company's responsibility to carry out the transmission of the defective item at its own expense.

VI. 1. / The entire day (0 to 24 hours) after the end of the agreed rental relationship is considered the binding collection date. However, the Company is entitled to exceed the agreed collection date by up to 8 hours. The Company is only in default after this period has expired.

VI. 2. / The transfer of risk to the Company occurs at the earliest upon handover of the sports equipment to the Company by (1) the customer, (2) the contact person designated by the customer or (3) the contact person identified by the Company (in accordance with the conditions regarding delivery), but at the latest upon expiry of the collection date; this does not apply, however, if the sports equipment cannot be collected or could not have been collected by the Company at the collection date due to culpable behavior on the part of the customer. In this case, the customer continues to bear the full risk for the sports equipment until the Company regains possession of it or could have regained possession of it in a culpable manner.

VII. 1. / To the extent that this does not violate mandatory law, the Company is only liable for compensation for damages that the Company, its employees and/or its vicarious agents have caused through gross negligence or intent. This also applies to indirect damages, lost profits, interest losses, unrealized savings, consequential and financial damages and damages from third-party claims. This limitation of liability does not apply to compensation for personal injury.

VII. 2. / The customer bears the full risk for the sports equipment at most from the time of transfer of risk to the customer until the transfer of risk to the Company, but at least for the duration of the agreed rental relationship; in particular for the risk of destruction, loss or deterioration exceeding normal wear and tear.

VII. 3. / The customer is obliged - in particular within the framework of the booking - to always provide truthful and complete information and is responsible for the accuracy of the data provided by him. The customer must indemnify and hold harmless the Company from damages that are due to incorrect information from the customer.

VII. 4. / To the extent that this does not violate mandatory law, the customer is also liable for compensation for damages caused by third parties if the customer fails to provide the Company with the information available to him for identifying the person who caused the damage.

VIII. 1. / The Company and the customer are obliged to comply with the provisions of the Federal Act on the Protection of Natural Persons with regard to the Processing of Personal Data (Data Protection Act - DSG), Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data, on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation - GDPR) as well as any other legal confidentiality obligations.

VIII. 2. / The Company processes the personal data required for this purpose for the purpose of contract fulfillment. The detailed data protection information (data protection notice) can be found on the Company's website at https://broski.at/de/privacy.

VIII. 3. / The customer is obliged to take all necessary data protection measures, in particular those within the meaning of the GDPR (such as obtaining the consent declaration of the data subjects), so that the Company may process the personal data for the purpose of the contractual relationship.

IX. 1. / The designation of the headings chosen for the individual chapters serves solely for clarity and is therefore not to be used for the interpretation of these conditions.

IX. 2. / Place of performance is the registered office of the Company.

IX. 3. / The contract language is German.

IX. 4. / The Company and the customer agree to Austrian domestic jurisdiction. If this is not a consumer transaction, the court with subject matter jurisdiction at the registered office of the Company has exclusive local jurisdiction for the resolution of all disputes arising from this contract.

IX. 5. / Austrian substantive law applies to this contract, excluding the conflict of laws rules of private international law and the UN Sales Law. This choice of law only applies to a consumer to the extent that it does not restrict mandatory legal provisions of the state in which he has his residence or habitual abode.

IX. 6. / Should individual conditions be legally ineffective, invalid and/or void or become so in the course of their duration, this does not affect the legal effectiveness and validity of the remaining provisions. In this case, the Company and the customer undertake to replace the legally ineffective, invalid and/or void (legally ineffective, invalid and/or void) provision with one that is legally effective and valid and corresponds to the replaced provision in its economic effect - as far as possible and legally permissible.