Snowbrainer General Terms & Conditions

as of 17th June 2009

Article 1. Booking Equipment Hire

Snowbrainer is a website online booking service which acts as an introducing agent for winter sports equipment. We're here to help you (the "Client") establish a rental agreement with the snow sports rental shop (the "Shop") The ‘Site’ allows you to pre-order your equipment at a ‘Shop’ in the ski resort of your choosing, for a period of time of your choosing. Price is agreed on at the time of booking online and reflects the ‘Site’ set price rather than the Recommended Retail Price as shown in the shop. Prices change on the Site and you the ‘Hirer’ agree to pay the price that is shown on the site at the time of booking.

Snowbrainer acts as an agent for the shops and as such notifies the Shop of your requirements at the time of booking. Any liabilities arising out of the rental and use of the Equipment remain with the Shop. Snowbrainer Limited (Company number 05968340) gives you access to and use of the Site for the above-stated purpose, subject to these Terms and Conditions. By using the site you agree to abide by and be legally bound by our Terms and Conditions on your first use of the Site.

The equipment available for hire is as described on our website, and means the hirer books a category of ski or snowboard equipment rather than a particular model.  The Shop undertakes to supply you with Equipment of the standard from the category the Client booked.  Clients can request via Snowbrainer a particular model and the shop will try to supply that model where possible.  Please be aware that not all shops stock all 'sample' models as shown on the site. If equipment ordered is deemed by the shop to be unsuitable for the Hirer, for the protection of both Hirer and shop it is the shop's right to advise on more suitable equipment.  This may occur a supplementary charge payable by the Hirer to the shop directly.

1-2 : Cost of Hire
Equipment is divided into categories and the cost of hire is set by the category and the number of days rental - see Step 2 Equipment Hire on the website booking section. The cost per day of renting winter sports equipment depends on the length of the rental contract - being the length of time you enter on the site at the time of booking.

Where a refund is requested because equipment was used for a shorter period of time than originally booked the lesser amount of days will not be calculated by dividing the original prices paid by the number of days. The refund will be calculated using the daily rate for the actual period used and not calculated on the daily rate for the longer period. This can mean that the cost of rental for shortened periods can be the same value as that of longer periods as shops tend to offer less discount for the shorter rental periods.

1-3 : Method of Payment Credit Card Payment

The hirer pays the full price of rental by credit card online at the time of booking with (Visa, Eurocard & Mastercard or AMEX) or through Paypal .

snowbrainer.com/uk shows the price in British Pounds (GBP)

snowbrainer.com/dk, snowbrainer.com/de, snowbrainer.com/nl, snowbrainer.com/it, snowbrainer.com/es snowbrainer.com/fr show the price in Euros (EUR)

snowbrainer.com shows the price in US Dollar

The amount to pay and currency will be determined by which site extension you are on. If you are on a site that is not your local currency Snowbrainer has no control over the exchange rate used by your local bank /credit card company to convert this amount to your local currency. No liability will be accepted for any variation in the exchange rate applied by your bank at the time of any subsequent transactions with Snowbrainer.

Clients are required to enter their card number, expiry date, issue number (where appropriate) and three digit security number found on the back of the card. Acceptance by the central credit card authority, our company reserves the right to cancel the booking. When proceeding with the payment, the hirer is automatically connected to the payment center server. Bank data is protected by encryption. The equipment used for taking payments is Sage Pay (formerly called PROTX) with a service agreement with Lloyds Bank for electronic business.This agreement aims at ensuring all necessary features to manage a merchant service and to securely acquire payments over the Internet Sage Pay handles trade security and ensures secret data protection (deciphering keys) and management. Snowbrainer does not hold your credit card details.

1-4 : Contract Formation
The booking is completed and comes into effect only when full payment is received and cleared by Snowbrainer Ltd and a confirmation electronic message has been dispatched with a voucher containing a unique booking reference number. This voucher must be printed out and handed by the hirer to the chosen Shop in the resort. Alternatively if you have chosen the SMS option you may show your booking reference number to the Shop by displaying the SMS on your mobile phone, we do however recommend you take a copy of the printed voucher too as many of the Shops need the paperwork.

1-5 : Deposit

Picture ID must be shown to the shop before equipment can be issued. The shop will also require a swipe of a credit card or a deposit as security against the skis/snowboards before you take them out of the shop. It is your responsibility to determine the conditions upon which the deposit is returned by the Shop.

Article 2: Availability & Return of Equipment

The equipment can be collected the day before the first day of ski hire from 4pm and returned at the end of the last day of hire or on the next morning before 10am. Hired equipment must be returned to the Shop where originally collected.  Any return of equipment made after 10am on the return date will entail the billing by the Shop of subsequent day/s rental at the full public price as shown in store.

The rented winter sport equipment remains under full responsibility of the hirer as soon as collected by them. The hirer shall ensure its conservation and shall make use of it with due diligence at all times. Taking possession of the rented equipments remains the responsibility of the person making the hire.

In case of late collection of the rented equipments, the hirer shall inform the relevant store as soon as possible. We ask the involved store to keep the booked equipment at the hirers disposal for 24 hours. Passed this term, the equipments shall be made available for renting again, without compensation due to the hirer.

Snowbrainer shall not be held liable for delays in the availability of the rented equipment – delays due to circumstances beyond their control – notably in case of an accident; delays in the return of previously rented equipments; modification of regulation; force majeure, strikes, etc.  In such circumstances, the Shop will do their best to make available to the hirer an equipment of equal or higher quality according to stocks availability in the involved store.

If you wish to upgrade your equipment or hire additional equipment once your rental period has begun contact the Shop and pay them directly.  The price paid will be reflective of the Shop's Recommended Retail Price and not include the online discounts as shown on the Site at the time of booking.

Article 3: Use of the hired equipment

The hired equipment is for the hirers personal use only, with no possibility of sub-hiring or lending even gratuitous. The hirer is sole judge of their ability to use the hired equipment.
The hirer attests to be able to use the rented equipment and pledges to use it cautiously, at no risk for third parties in accordance to the local and national regulations in force.

All equipment available for hire is recognised as being in good condition and shall be returned as such. The equipment being numbered or marked shall be returned with the same numbers and the same mark as were taken. Any damage – regardless of the cause – will result in the direct payment to the involved store for the replacement or repair fees, in addition to the cost of hire; within the maximum limit of the equipment value as new.

Article 4: Cancellation Policy

Acting as an Agent for the shops Snowbrainer makes refunds on behalf of the shop. If you need to cancel prior to commencement of booking please contact Snowbrainer

If you cancel or make partial cancellation of any of your equipment on or after the first day of hire you must contact the Shop. If the Shop agrees to not charge 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 your Equipment Voucher unique booking number, Name, Date of Arrival in resort, along with the Shop refund confirmation by email to admin@snowbrainer.co.uk or via fax to 0044 (0)207 384 1285 or via post to Snowbrainer London Office, 69 The Piper Building, Peterborough Road, London, SW6 3EF.  All claims for partial refunds must be sent within a week of the last day of equipment rental.

Snowbrainer will on behalf of the shop process a refund minus a £25.00 administration charge. Please make sure you have read 1-2 'Cost of Hire' section above.

4-1 : Exercising the withdrawal right

In case of exercise of the withdrawal right within the clear 7-day cooling-off period, the sums paid by the hirer shall be refunded less an administrative charge of £5.00 per person. The refund is made using the same service that the Client used to make the booking.  The cooling-off period shall no longer apply if the date the client places the booking is within three days (inclusive) of the start date of hire.

4-2 : Cancellation before collecting the equipment and after the cooling-off period

All cancellations of hire until 3 days (included) before the beginning of the hire will result in the refund of the rental less a £25.00 per person administrative charge.

Cancellations less than three days in advance are at the discretion of Snowbrainer acting on behalf the Shop and may incur a greater penalty.  This greater penalty along with the £25.00 administrative charge will be deducted prior to making any refunds.

If you are in the resort and return equipment early there will be no refund for unused days unless the shop agrees in writing and you provide this information to Snowbrainer. (as outlined above)

Article 5 ; Insurance

The Hirer is responsible for organising and paying their own insurance on all of the rental equipment. Insurance should cover Damage, Breakage and Theft of equipment. We also recommend the Hirer take out separate insurance for Cancellation due to weather conditions and Medical conditions that may prevent them from using the equipment.

Article 6 ; Juridiction and Venue

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

Article 7 ; 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.

Article 8 ; Severance