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