Smart Rental Temrs and Conditions

SMART RENTAL TEMRS AND CONDITIONS

WINTER SEASON 2016/2017

These Terms and Conditions issued for the winter ski season of 2016/2017 by the Tatry mountain resorts, a.s. company, with the registered office at Demänovská Dolina 72, 031 01 Liptovský Mikuláš, Company ID number: 31560 636, registered in the Commercial Register of District Court Žilina, Section: Sa, Insertion No.: 62/L (hereinafter referred to as “TMR company“ or “Operator“) specify the provision of Smart Rental service – rental of „VÖLKL“ top skis under the provisions defined in these Terms and Conditions.
A customer has apossibility to purchase and activate the SMART RENTAL service (hereinafter referred to as „Smart Rental“) for the winter season 2016/2017 as aspecial offer provided by the Operator. Smart Rental is valid on 16/12/2016 – 31/03/2017,eventually until the date of finishing the provision of Smart Rental service depending on weather and ski conditions, and on the decision of the Operator, if the date is earlier than 31.03.2017.
Acustomer can purchaseSmart Rental from 15/11/2016 to 31/03/2017, exclusively online via the website the price of€169 under the provisions stated by the online shop Smart Rental is limited by capacities (by a number of topVölkl skis), the Operator reserves the right to limit, suspend or completely cease the purchase and / or use of Smart Rental limit, even before the expiry of the period stipulated in the previous sentence (before 31.03.2017).
Smart Rental entitles thecustomer to rent „VÖLKL“ top skis (hereinafter referred to as „skis“), Performance ski boots and ski poles during the validity of Smart Rental pursuant to Paragraph 2 of these Terms and Conditions.
Use of Smart Rental is reserved for GOPASS programme members. If the customer is not amember of the GOPASS programme, he / she accomplishesthe registration in the GOPASS programme.
The Smart Rental´s price entitles the customer to rent skis, Performance ski boots and poles, and use them during the ski resorts´ operating times on the day the rental equipment was reserved (ordered) by the customer. The customer is entitled to use his / her own ski boots and ski poles when using Smart Rental. Neither rental of ski helmets and goggles (eventually boots and poles), nor insurance of skis against loss, damage, destruction or theft is included in Smart Rental.
Smart Rental is non-transferable from the moment of purchase.
After purchasing Smart Rental, the customer is sent apersonal questionnaire by e-mail containing data to be completed: name, surname, telephone number, gender, preferredtype and length of skis, and a ski resort where the rental skis will be mostly used. By filling in the questionnaire, the Operator is able to provide the customer with the highest quality services and fulfil the contract between the Operator and the customer, the subject of which is the use of Smart Rental.
In order to use Smart Rental (ski rental), the customer is obliged to contact the particular rental shop where he / she would like take over and hand in the skis, and reserve the date of rental by phone at least two (2) working days in advance during operating times from 8.00 a.m.to5.30 p.m.If there are enough capacities, and technical and operational possibilities, the Operator reserves the right to provide the customer with Smart Rental even if reserved no later than 12.00 p.m. on the calendar daypreceding the day of using Smart Rental (ski rental). The customer has no legal title to the provision of the service according to the previous sentence, and in case of failure to provide the service the customer has no right to any financial or non-financial compensation.
The reservation shall be made by phone in the resort where the customer is interested in using Smart Rental, exclusively in Tatry Motion rental shops as follows:
TatryMotion Vysoké Tatry- Štrbské Pleso- Intersport Rent (under jumping boards) +421 903 407413 or
TatryMotion Vysoké Tatry – Tatranská Lomnica – Intersport Rent (in the cableway building) +421 911 693 921, or
Newshop rent&skischool (next to the big carpark) +421 911 403697 or
TatryMotion Nízke Tatry – Jasná Biela Púť shop&rent +421 911 389 476.
After making a reservation, the customer takes over the rental skis in the Operator´s rental shop where he / she made the telephone reservation. On taking over the rental skis, inspection of ski equipment will be carried out (binding, a skid and edges) and ahandover and acceptance certificate will be issued and signed by the Operator´s employee and the customer.
The Operator reserves the right to provide the customer with different models of skis as ordered by the customer in case that the Operator cannot provide the customer with the reserved ski modelfor technical or operational reasons. The customer has no right to any financial or non-financial compensation for not providing him / her with the reserved ski model.
Based on the customer´s requirement, the Operator will provide the customer with a ski model other than reserved only if it is possible technically, materially and operationally. The customer has no right to exchange of skis as well as to any financial or non-financial compensation.
In case of loss, theft or damage to a contactless chip card, the Operator reserves the right to refusethat day Smart Rental to the customer,if his technical possibilities do not enable him to identify the customer; otherwise, Smart Rental will be provided to the customer. In case of failure to provideSmart Rental according to the previous sentence, the customer has no right to any financial or non-financial compensation.
The customer is obliged to return the rental skisto the Operator´s rental shop, in which he / she rented the skis,on the same day he / she took them over and used them, but not later than at 10.00 a.m. on the next day. Based on agreement with the customer's authorized employee the customer is entitled once (1) during the validity of Smart Rental to use the rental skis five (5) consecutive calendar days; this fact will be recorded in the acceptance certificate. The customer is obliged to return the skis (ski poles, ski boots) in the state in which they have beentaken over with regard to normal deterioration. In case of excessive deterioration or damage to the skis (ski poles, ski boots), the customer is obliged to compensate the damage to the Operator.
From the moment of taking over the reserved skis by the customer, the risk of damage to the rental skis (or ski boots and poles) is transferred to the customer. The customer is responsible for any damage resulting from using the skis, their loss, theft, damage or destruction; this also applies to ski boots and poles if provided to the customer altogether with skis. In the event of damage to the skis (ski boots, poles), the customer shall pay for real damage that arose by destruction, loss or theft of skis (ski boots, poles) in the amount stated in theOperator´s price list of skis, boots and poles, which is available to customers in all ofOperator´s rental shops specified in Paragraph 10 hereof. If the damage to skis, boots and poles can be removed by repair or restore in their original state (e.g. torn out edge, damage to binding, heavily scratched skid), the client shall pay an amount equal to repair costs,orequal to costs spent to restore the rental equipment toits original state.
Upon taking over the rental skis, the customer has the possibility to conclude rental skis (boots, poles) damage liability in the amount of €6 per day or seasonal insurance in the amount of €29 for the period from 16/12/2016 to 31/03/2017. In case of concluding suchan insurance contract, the customer is obliged to pay a lump sum premium in advance. The insurance applies only to the use of skis on ski slopes and ski trails that are designated by the Operator as ski tracks / ski trails "in operation" on a specific day. Insurance does not cover the use of skis off pistes or on ski slopes and ski trails that are closed by the Operator.
The customer is obliged to use the skis (boots, poles) in order to cause no damage to the skis and avert imminent damage.
The customer is obliged to inform the rental shop of the Operator, from which he / she has rented the skis, on any damages to skis (boots, poles) immediately after the occurrence of the damage and during the rental shop operating times, no later than the day on which the damage occurred, otherwise the customer is responsible for any damage incurred due to failure to notify the Operator. In case of theft of skis (boots, poles), the customer is required to provide the Operator with a criminal complaint made to the competent law enforcement authorities or other document issued by competent law enforcement authorities showing the theft of skis (boots, poles).
Complaints:
The services are provided by the company TMR in accordance with respective regulations of Act No. 40/1964 Coll. Civil code as subsequently amended and respective regulations of Act No. 250/2007 Coll. on the Protection of Consumers and Changes to Act of the Slovak National Council No. 372/1990 on Violations of the Law as subsequently amended and other generally binding regulations that are valid in the territory of the Slovak Republic. .
Any customer is entitled to the provision of services in the regular or otherwise agreed extent, quality, amount and date. In case of any defects on services, the customer is obliged to set up acomplaint immediately after having discovered the defects (failure or failures of skis), no later than on the day he / she discovered the reasons for making the complaint. Otherwise the right to the complaint becomes extinct.
To set up a complaint, every customer is obliged to present his / her ID. The Operator will investigate the complaint and decide on further steps that are to be taken immediately or no later than within 3 workdays if the case is more complicated. The complaint will be settled within 30 days after the date it has been reported. To make a complaint, every customer is obliged to provide his / her contact data that will be used for further notification in case the complaint cannot be resolved immediately. The customer is also obliged to cooperate with the Operator in all respects.
In case of admitting the complaint and in case the complaint made by the customer cannot be settled immediately, the customer will be provided by other skis for time required to settle the complaint allowing the customer to use Smart Rental.
The Operator reserves the right to an individual assessment of each complaint, as well as an assessment of the eligibility of the complaint, customer´s requirements,and the way of how to settle the complaint.
The customer may, in exceptional cases, require the Operator to change the holder of the Smart Rental service purchased, only for the reason of long term illness, injury or other serious circumstances. The customer is required to submit a medical certificate or notification of the accident and the identity card within 10 days of the accident or the discovery of long term illness or other serious circumstances. The Operator reserves the right to individually assess each such case and to determine the eligibility of the requirement to change the Smart Rental holder´s name.
If any customer–natural person, i.e. a user who does not perform the line of his/her business, occupation or profession when concluding and/or performing his/her consumer contract is not satisfied with the way how the Operator as a seller has settled his/her complaint or thinks that the Operatorhas violated his/her rights, the customer is entitled to ask the Operator as a seller to solve the respective problem. If the customer is sent anegative answer according to the previous sentence or the Operator rejects to respond to the customer´s requirement within 30 days of the day the requirement was sent by the respective customer, the customeris entitled to ask for an alternative dispute resolution pursuant toSection 12 of Act No. 391/2015 Coll. on Consumer Alternative Dispute Resolution and on amendments and supplements to other acts. The body authorised to deal with alternative dispute resolutions of the Operator as a seller shall be a) the Slovak Trade Inspection, which can be contacted for the above mentioned purpose on the address: Ústredný inšpektorát SOI, Odbor medzinárodných vzťahov aARS, Prievozská 32, poštový priečinok 29, 827 99 Bratislava, or by , or b) any other authorized legal entity registered in the list of bodies for alternative dispute resolutions of the Ministry of Economy of the Slovak Republic (the list of authorized bodies is available on the website Every customer has the right to choose one of the above mentioned bodies for alternative dispute resolutions to deal with his / her case. To do so, the customer can use an online platform for alternative dispute resolution which is available on more information about alternative dispute resolution, please visit the website of the Slovak Trade Inspection:
Personal Data Protection:
TMR, a.s. processes personal data pursuant to generally binding laws of the Slovak Republic, mainly Act no. 122/2013 Coll. on Protection of Personal Data and Changing and Amending of other Acts in Act no. 84/2014 Coll. as subsequently amended (hereinafter referred to as “Act“).
TMR, a.s. processes personal data of acustomer who has purchased Smart Rental for the purpose of sale, evidence and revision of using Smart Rental. Personal data are processed for the period necessary to fulfil the purpose of the processing - sale, evidence and revision of using Smart Rental, nevertheless for a maximum of two years from collecting the data. Personal data processed for the purpose of sale, evidence and revision of using Smart Rental are processed by the Operator pursuant to Section 10 (3) (b) of the Act without the consent of the data subject.
Personal data are processed in the scope necessary for the purpose of sale, evidence and revision of using Smart Rental including: name, surname, mobile phone number, gender, length and type of skis, preferred ski resort, in terms of these General Terms and Conditions.
Boarding and landing areas of cableways managed by the Operator are places open to public under certain conditions (paid admission or granted access, and respecting the Visitors Rules). Pursuant to the Section 12 (2) and (3) of Act No. 40/1964 Coll. Civil Code as amended and the Section10 (3)(a) of the Act, the TMR company may produce visual images and video recordings for official purposes under the Act, for artistic purposes or for radio, print, and television broadcasting. When creating such images, the TMR company takes into account all legitimate interests of the data subjects and undertakes to interferes with their privacy to the lowest extent possible.
When using video images or audio visual recordings for promotional and marketing purposes of the TMR company, these shall be adjusted so that the data subjects cannot be identified. Otherwise such use must be approved by the respective data subject appearing in these images and recordings.
The data subjects are obliged to provide the Operator with actual and accurate personal data pursuant to Section 16 of the Act. Any consequences of breaking this regulation shall be borne by the person who has provided incorrect, false and outdated data.
The Operator protects all provided personal data from unauthorised use and does not perform any functions which wouldmake the data published or accessible to unauthorised parties. The Operator undertakes not to provide the personal data to third parties or other recipients unless required to do so by the law.
In accordance with the laws of the Slovak Republic, the Operator adopts all measures and performs all activities related to the data processing in order to inform the clients concerned properly and promptly about their rights in accordance with the law of the Slovak Republic based on European legislation and binding international contracts and agreements. Justified requests submitted by clients will be dealt within 30 days from the date of receipt.
The data subject can send a written request to the Operator to be informed about how his / her personal data is processed in Operator´s information systems, which sourceswas his / her data acquired from, the scope of personal data, correction or disposal of incomplete, false or out-of-date data, and disposal of personal data for which the purpose of processing has expired or which has been processed without authorisation.
The data subject can object to the processing of personal data for purposes other than those they have been lawfully provided for, and to the processing of personal data that might infringe their lawfully-protected rights and interests without authorisation and with reason if such objection is justified. The Operator is obliged to block and dispose of such personal data immediately as soon as circumstances permit.
By purchasing and using Smart Rental, the customer undertakes to follow the instructions of authorized Operator´s employees, these Terms and Conditions, Operator´s General Terms and Conditions, GOPASS Programme Terms and Conditions, individual Operating Rules, Visitors Rules and White Code which is published on the TMR´s website available at all ticket offices and information centres of individual ski resorts managed by TMR.
These Terms and Conditions come into force and effect on 15/11/2016 and are valid until 31/03/2017. These Terms and Conditions govern the provision the Smart Rental ski rental service provided by the company TMR. If the provisions of these Terms and Conditions contain different regulations than specified in the general terms and conditions relating to services provided by the company TMR (hereinafter referred to as „general terms and conditions“), the provisions of these Terms and Conditions prevail over the general terms and conditions to the extent in which these Terms and Conditions differ from the provisions of general terms and conditions.