Terms & Conditions

1. Preamble

1.1 Services

The services of the "Sportainer" are provided by the company Sportain.me GmbH in Zurich (hereinafter referred to as the provider), which owns the Sportainer boxes and their contents.The provider enables its customers ("customers") the self-lending of sports equipment Around the clock at designated stations ("Sportainer") for a fee. The rental conditions form an integral part of the terms & conditions.

1.2 Contractual Relationship

The contract is concluded between the customer and the provider.

1.3 Contact information of the provider

Sportain.me customers can contact the following address in case of questions or problems:

Address:             

Sportain.me GmbH

Kasinostrasse 10                             

8032 Zürich

Tel:                          +41 76 578 50 05

Web:                       www.sportain.me

 

2. Contractual agreement

The present General Terms and Conditions (T&C) govern the relationship between the customer and the provider in the short-term use of sports equipment as part of the rental offer. The tariffs for the use are published on www.sportain.me. The tariffs and fees apply at the time of use. The provider can adjust the tariffs at any time. In the event of a tariff adjustment, the customer retains the tariff that was valid at the time the contract was concluded until the end of his subscription. The contract between the customer and the provider becomes valid with the acceptance of the order confirmation on the website. The receipt of the order confirmation indicates to the customer that his registration has arrived at the provider, was accepted by the provider and the contract is thus concluded.

 

 

3. Customer Account

3.1 Registration

Customers register via the provider's website by providing their name, e-mail address and means of payment. The customer account with the associated usage code for the Sportainer is personal and non-transferable.

3.2 Change of personal data

Within ten working days, the customer shall notify the provider of any changes to the details concerning the customer account (eg name change or new means of payment).

3.3 Blocking the customer account

The provider reserves the right to block the customer account temporarily or permanently at any time (withdrawal of the right to use), if this is justified because of breach of contract by the customer. This is particularly the case with non-payment of the bill, vandalism, theft of the Sportainer inventory, violation of the T&Cs or if the customer does not fulfill his other contractual obligations. The services up to the time of blocking are billed. Already paid fees will not be refunded.

4. Terms of Use

4.1 Availability and rental

The customer is not entitled to the availability of a Sportainer or its contents in proper condition. Depending on the subscription, only one or more items may be borrowed at the same time. The exact number can be found on the website of the provider. The customer is liable for the use of the Sportainer as well as the articles that were borrowed via his customer account or his personal access code, even if he does not use them himself.

4.2 Check condition of the rental property

The customer is obliged to check the rental property for recognizable damage before using it. If damage is detected, it must be reported. Otherwise, the customer can be held liable for such damages. The notification is made via the contact form on the website or by calling the service provider.

4.3 Use of the Sportainer

The customer has to treat the rental property with care. It is forbidden to use the sports equipment for illegal or other non-contractual purposes. After the rental object has been taken out, the respective compartment from which it was taken out has to be closed during the rental period by closing it by hand until the lock engages. To return the rental property or reopen the compartment, the personal code must be entered again.

 

 

4.4 Return of the rental property

The return must be made at the same station where the rental property was lent. The return will be confirmed to the customer via email. If the rental property was not returned properly after 24 hours, the provider considers the rental property as lost (see paragraph 5.1). The registered return time in connection with the personal access code forms the basis for the billing. If the rental property can not be returned properly, customer service must be informed immediately.

 

5. Damage / Theft / Accident

5.1 Damage / Theft

If third parties are harmed by the use of the rental object and a legal liability of the customer exists, the customer is fully responsible for the damage. Furthermore, the customer has to pay compensation for damages (including consequential damages) / theft, which he caused by improper use of the rental object or in violation of the terms of use. Damage and theft must be reported to the supplier immediately. Otherwise, the customer can be held liable later. The provider has the right to assert the damage for damaged, lost, stolen or stolen rental objects to the last registered customer. For this purpose, the provider can refer to the electronic recording of the rental activity. The customer has the evidence to the contrary. In the event of damage / theft, the customer is not entitled to compensation for damage or consequential costs.

 

A theft must be reported to the provider within 24 hours.

5.2 Accidents

The customer declares that he is insured against accident. Accidents with material damage must be reported to the provider immediately.

6. Payment / Invoicing

6.1 Payment / Invoicing

he customer will be charged the fees (subscription and usage fees for the rental object) according to the tariffs published on the website. The customer owes the rental amount for the use of the rental property until it is returned properly (see section 4.4).

Basis for the calculation of the user fee is the rental period. If the rental property was not returned correctly and the customer service is not informed about it, the rental period for the last customer continues until the correct return. By specifying the means of payment, the customer grants the provider the authorization to charge all fees incurred in connection with the use of the offer. The customer is obliged to ensure that his means of payment are valid and that sufficient cover is available. For payments by credit card, the terms and conditions of the respective financial institutions always apply.

6.2 Complaint

Complaints about invoicing must be made within 30 days of the debit, otherwise this is considered accepted.

7. Data Protection

7.1 General

The provider respects the current legislation, in particular the data protection law, when collecting and processing personal data. It protects customer data through appropriate technical and organizational measures and treats them confidentially. It collects, processes and stores personal data only insofar as it is required for the provision of services, for the security of operations and infrastructure, for invoicing, as well as for the handling and maintenance of customer relations, namely for ensuring a high quality of service.

7.2 Market Research, Customer Service and Marketing

With respect to the provider providing an attractive offer, the customer agrees that the provider may collect and process personal data for market research (e.g., customer satisfaction survey) and consulting purposes. The customer agrees that the provider may collect and process personal data for its own advertising purposes. The customer has the right to prohibit the provider from using personal data without giving reasons, if their use is not necessary for the provision of the services. For the assertion of the right of appeal see 7.4

Personal data may be disclosed  to third parties who are not considered to be contract processors only to the extent permitted by law or, with the prior consent of the customer and within the scope of the previously notified processing purpose.

7.3 Using the Online Services

When you visit our web pages, usage data / cookies are temporarily stored on our web server as a protocol in order to improve the quality of our web pages. This record consists of

  • the page from which the file was requested,

  • the name of the file,

  • the date and time of the query,

  • the amount of data transferred,

  • the access status (transfer file, file not found),

  • the description of the type of web browser used,

  • The IP address of the requesting computer, which is shortened so that a personal reference can no longer be made.

  • The mentioned log data are only stored anonymously.

7.4 Rights of the Affected

The customer has the right to reecive information about the processing of his personal data, resp. to demand the correction, erasure or destruction of his data. He may prohibit the processing of his data, as far as this is not necessary for the fulfillment of services requested by him, as well as the disclosure of his data to third parties. If the customer has given his consent to further data processing, he can revoke it at any time. The lawfulness of data processing during the period of valid consent is not affected.

7.5 Involvement of third Parties (Processors)

The customer agrees that the provider may engage third parties to provide services and may make the necessary data available to the third party involved. The processor is subject to the same data protection obligations as the provider itself and, subject to deviating legal provisions, may not process the data for its own purposes and only on behalf of and at the instruction of the provider. The provider is obligated to a careful selection, instruction and control of the service providers.

 

8. Final Provisions

8.1 Liability of the provider

The provider assumes no responsibility and excludes all liability for damages suffered by the customer from the execution of this contract, unless the provider can be proven intent or gross negligence. The liability of the provider for indirect damage, consequential damage, third party damage and loss of profit is generally excluded.

8.2 Liability of the Customer

The customer is primarily liable in accordance with the provisions contained in these terms and conditions and subsidiary to the statutory provisions: if  the customer damaged the rental property, not properly returned it or if it was stolen, if the rental process is not performed correctly or if the customer has violated his obligations under the T&Cs. The liability of the customer also extends to the loss of incidental costs such as experts costs, repair costs or loss of use.

 

8.3 Insurances

The insurance (accident and property and personal liability) is the responsibility of the customer.

 

8.4 Change of T&Cs

The provider reserves the right to change the terms and conditions at any time. The changes will be communicated to the customer in an appropriate manner with reference to the effective date and shall be deemed to have been acknowledged by the customer from that date.

 

8.5 Jurisdiction and applicable law

The place of jurisdiction is Zurich. In the case of disputes arising from consumer contracts, the court at the domicile or seat of one of the parties is responsible for actions brought by the customer, and the court at the domicile of the defendant party is responsible for actions. Consumer contracts are contracts for services that are intended for the personal or family needs of the customer and are offered professionally by the provider. For customers with foreign domicile or place of business, Zurich is the place of debt collection and the exclusive place of jurisdiction for all proceedings.

 

Sportain.me GmbH, 26. Mai 2019