Rental Agreement - Terms and Conditions

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INTRODUCTION

The purpose of this website is to establish a rental agreement between you (the "Client") and Ski Higher (the "Shop") to rent snow equipment ("Equipment"). This equipment is chosen on this Site, for rental in a resort of your choice for your determined duration in accordance with the price determined by this Site. Ski Higher (from here known as SH) is acting on behalf of the Shop (as its introducing agent) to make a booking for you, the Client, with the Shop. Any liabilities arising out of the rental and use of the Equipment remain with the Shop. Access to and use of this Site for the above-stated purpose is provided by Ski Higher 399 175 033 RCS CHAMBERY, subject to these Terms and Conditions. The Terms and Conditions of this Site govern the rental of equipment to the Client by Ski Higher. By confirming your rental on this site ? you are showing your acceptance of the Terms and Conditions set out below.

SECTION 1: RESERVATION

The cost of rental is determined by the category of equipment that you select and the duration of your rental. Our tariffs are available to view online, however we reserve the right to modify the categories and prices at any time.

The prices, and any discounts or special offers, only apply to online bookings and are not able to be offered in-store.

In the case of discounts in relation to partner companies or tour operators, you may be asked to show your holiday booking/membership when collecting your equipment.

SECTION 2: PAYMENT

Your transactions with SH are made in the currency of the hire shop (eg Euro (EUR), Swiss Franc (CHF), US Dollar (USD), Canadian Dollar (CAD)).

The amount to pay and the currency will be determined on the Site. SH has no control over the exchange rate used by your local bank to convert this amount to your local currency or any bank fees. No liability will be accepted for any variation in the exchange rate applied by your bank at the time of any subsequent transactions with SH. Balance payments can be made in the shop by bank card (cards showing the initials CB, cards carrying the ?Visa? or ?Mastercard? trademarks accepted in France, also cards issued within the international framework regulated by GIE Cartes Bancaires) French cheques, cheques vacances and cash.

GUARANTEE

Some Shops may ask for a guarantee deposit before you can take your Equipment away. If this is the case please be prepared to settle this with the Shop upon arrival. This may be your credit card details or a passport. It is your responsibility to determine the conditions upon which the deposit is returned by the Shop.

COLLECTIONS

The Shop with which you will make your rental agreement will be identified here on the Site and in an email after your booking. We recommend that you have noted the name and location in resort of the Shop before you leave the Site.

Once in resort you will be able to go to the Shop and collect your equipment - please first refer to the shops opening hours. You must present a copy of your email confirmation when collecting your equipment.

The earliest time for collection will be from 2pm on the day prior to the first day of equipment use. Collection earlier than this time may result in an additional charge. The Shop will keep your Equipment until the end of the first day booked. If you are unable to collect your Equipment on the day arranged, it is your responsibility to contact the Shop to arrange a suitable time for collection. The designated equipment is solely for the use of the Client and is not to be lent or subletting to a third party whether for profit or in kind. The equipment is the Clients sole responsibility from commencement of rental. Ski Higher bases its allocation and set up of equipment solely on ability of the client as advised by the client.

INSURANCE

Your booking does not include any insurance. You may be asked during the booking process if you wish to take the shops Theft and Damage guarantee for the equipment. Please be aware that this only reduces the amount payable in case of theft or loss. Be sure to read the full terms and conditions of this guarantee for your chosen shop. In all cases we strongly recommend that you have some kind of insurance against theft, loss or damage as you will be liable to pay the Shop for any equipment lost, stolen or damaged.

HIRE PERIOD REDUCTION

The cost per day of renting the equipment varies depending on the length of the rental period chosen. Where a refund is requested due to a shortened rental period, hire you will be charged what you would have paid should you have booked for the shorter period in the first instance. The refund will be calculated using the daily rate for the actual period used and not using a pro rata calculation of the longer period. For the avoidance of doubt the refund will not be calculated by dividing the original price paid by the number of days booked and multiplying by the number of days actually used.

CANCELLATIONS AND REFUNDS

SH implements a common refund policy across all the Shops which are part of the SH network, however the rental agreement remains between you, the Client and the snow equipment shop, the Shop. Refunds are made by SH on behalf of the Shop.

Cancellations may be made up to three days in advance by contacting SH. In this case the amount deducted from your credit card at the time of booking will be refunded by SH minus a 10? handling charge.

Cancellations less than three days in advance are at the discretion of SH and may incur a greater penalty. In this case the cost deducted from your credit card at the time of booking will be refunded by SH minus any penalties.

If you intend to claim a refund after you have accepted the Equipment from the Shop, it is important that you agree with the Shop the number of days to be refunded. You should obtain written confirmation from the Shop clearly showing the exact time and date when the equipment was returned and the number of days of refund agreed with the shop. Send the refund confirmation and your booking confirmation number by email to accounts@skihigher.com. Please make sure that you have read the paragraph above entitled "Hire Price". Refunds will be made back to the card used for the original transaction, less an administrative charge of 10 EUR or an equivalent amount in the currency of the hire shop.

SATISFACTION AND FULFILMENT

We welcome any feedback on the level of service received in the Shop. If you are unsatisfied with the rental of your equipment, we would be pleased to hear from you. If you accept the Equipment from the Shop we will consider that you are satisfied with the Equipment being offered. If you do not accept the Equipment being offered then please note the make and models of the equipment offered by the Shop and any reasons you have for not accepting and send us this information and we will make a refund if the Shop has not fulfilled its commitments. For customer service please email info@skihigher.com

THE SHOP'S COMMITMENTS

On creation of the booking the Shop has agreed to supply you, the Client, with Equipment of a specified standard at a specified price. The Shop undertakes to supply you with Equipment of this standard. You can also specify a preference for a particular model and the Shop undertakes to supply this model where possible. The Shop undertakes to supply you with the Equipment at the price specified on the Site.

EQUIPMENT - DISCLAIMER AND LIMITATION OF LIABILITY

The majority of Shops are part of reputable national chains of shops which therefore supply Equipment that is standardised across the country. SH makes every effort to obtain details of the Equipment stocked by the Shop to ensure that it is modern and of a suitable standard. However, SH cannot check all Equipment individually and will not be liable for the performance of the Equipment. Any liability for the performance of the Equipment and any resulting injuries or claims remains with the Shop. SH shall not in any circumstances be liable to the Client for any direct, indirect or consequential damage or any claim against WS by any third party. Your statutory rights are unaffected. Nothing in these Terms and Conditions shall operate to exclude any liability for death or personal injury SH may have.

WEBSITE - DISCLAIMER AND LIMITATION OF LIABILITY

The materials on this Site are provided ?as is? without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property or fitness for a particular purpose. SH offers no assurance of uninterrupted or error free service. SH does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on this Site. SH may change any of the information found at this Site at any time without notice. SH makes no commitment to update the information found at this Site. In no event shall SH be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use or inability to use the material or information available on this Site, even if SH has been advised of such damages.

COPYRIGHT AND OWNERSHIP OF MATERIALS

The materials on this Site are provided for personal, non-commercial use by customers or potential customers of SH. As customers or potential customers, visitors to this Site are hereby granted a single copy licence to download (on a single computer only) or print one copy of any of the information found on this Site for personal, non-commercial use only. Commercial use of this Site, or any material located on it, is strictly prohibited. SH reserves the right to terminate this licence at any time if you breach these Terms and Conditions, in which case you will be obligated to immediately destroy any information downloaded, printed or otherwise copied from this Site. SH reserves all other rights coincident or related to this Site. All materials on the Site are copyrighted and are protected under treaty provisions and worldwide copyright laws. You may not modify any of the materials found on this Site; use them for any public display, performance, sale or rental; remove, modify or alter any copyright or other proprietary notice or trademarks therefrom; or transfer any material located on this Site to any other person. Except as expressly stated in the limited licence provision (above) SH does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

JURISDICTION AND VENUE

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales and SH and you submit to the exclusive jurisdiction of the courts of England and Wales.

GOVERNING LANGUAGE

The governing language of these Terms and Conditions shall be English. Any translation of these Terms and Conditions into any language other than English shall be provided for information purposes only. The legally binding version of these Terms and Conditions shall be the English language version. Any dispute with respect to these Terms and Conditions shall be resolved with reference to the English language version only.

SEVERANCE

If any of these terms are determined to be illegal, invalid or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable.

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