Preamble

The

2beGROUP s.r.o.,
company registration no. 45 414 092,
with its registered office at Europeum, Suché mýto 1,
SK-81103 Bratislava,

and

INTERNATIONAL ONLINE SKI HIRE s.r.o.,
company registration no. 46 916 121,
established at Europeum, Suché mýto 1,
SK-81103 Bratislava,

offer on the website www.SNOWBRAINER.com:

  1. to act as agents for
    1. hire agreements for winter sports equipment,
    2. contracts to provide skiing lessons in ski schools,
    3. service agreements for the following additional products:
      1. storage space for skis/snowboards and boots. priority check-in, model change
      2. lift passes (only as an additional product when ski hire or skiing lessons are booked)
      3. hire of ski clothing
    4. cancellation cover (SNOWFLEX),
    5. risk accession (SNOWGUARANTY) in the eventuality of any damage, breakage or theft of hired equipment

and

2bePublished Internet Services GmbH
Haus am Bahnhof, Bahnhofstraße 65
CH - 8500 Frauenfeld

in collaboration with

EUROPÄISCHE REISEVERSICHERUNG AG
St. Alban-Anlage 56
CH - 4052 Basel
  1. to act as agents for
    1. ALPINSAFETY / ALPINSAFETY PLUS (emergency protection for winter sports)

In order to book on line via the website www.SNOWBRAINER.com the General Terms and Conditions of Business as set out below must be accepted.

  • Gender-neutral expressions

    In the interests of reader-friendliness gender-neutral terms are used on our website: specifically male terms encompass in all cases the female equivalent.

  • References to time

    are in accordance with the time zone which is effective in Slovakia.

  • Working days

    For the purposes of these General Terms and Conditions of Business, Monday, Tuesday, Wednesday, Thursday and Friday are regarded as working days. Saturdays and Sundays and all officially recognised public holidays in the countries of individual providers (ski-hire shop, skiing lessons etc.) do not constitute working days.

Table of contents

  • Part 1 – Provisions relating to agency activities

    2beGROUP s.r.o. maintains an on-line booking system via the www.SNOWBRAINER.com website. 2beGROUP acts solely as an agent. 2beGROUP s.r.o. itself does not hire out winter sports equipment and does not provide any services other than those which are set out in the Preamble to these General Terms and Conditions of Business. In the event of a booking, an agreement will be created exclusively between the customer making the booking and the individual provider (hire of winter sports items, skiing lessons, cable cars etc.). 2be GROUP s.r.o. acts on behalf of and to the account of the individual provider. The provisions which follow thus apply solely to the activities proper to an agent.

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    • 1.1. Services provided by 2beGROUP s.r.o..

      Bookings made via www.SNOWBRAINER.com use an encrypted SSL (secure socket layer) link in order to establish a secure link between the customer’s browser and the booking system on the www.SNOWBRAINER.com website. www.SNOWBRAINER.com displays and reveals the availability for booking of winter sports equipment at individual ski shops with additional products together with the courses offered by skiing schools and the provision of a ski pass in conjunction with bookings for the hire of skis and skiing lessons at selected skiing centres. Completion of the fields requiring information and completing the process of booking binds the customer to the order. When an order is forwarded to the individual provider, this constitutes the provision of an agency service by 2beGROUP s.r.o. to the individual provider. The contractual commitment on the part of 2beGROUP s.r.o. is limited to the mediation of the desired agreement.

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    • 1.2. Prices

      Prices for the hire of winter sports items, skiing lessons and additional products appear in the second part of the booking process. At this point the booking process may be terminated at any time. Prices are inclusive of any tax and duty which may be payable at the time a booking is made. Prices are the responsibility of the individual provider, who will make them available to 2beGROUP s.r.o. Regional fluctuations in prices are thus possible, and 2beGROUP s.r.o. has no control over them.

      The cost will normally be debited in Euros, 2beGROUP s.r.o. will, however, make every effort to offer the option for payment to be debited in GBP. CHF or USD at the current rate of exchange on the day. To exercise this option the customer must select the desired currency during the booking process. 2beGROUP s.r.o. does not accept any liability for the accuracy of the rate of exchange. The payment of any bank fees and fluctuations in exchange rates will be entirely the responsibility of the customer.

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    • 1.3. Customer’s consideration for agency activity on the part of 2beGROUP s.r.o.

      As a consideration for agency activity on the part of 2beGROUP s.r.o. the customer gives his express consent to the use of his personal details for the purposes of advertising as set out in Item 1.3. / the next paragraph and as detailed in the data protection declaration. If appropriate, an all-in booking fee of between €1.00 and €5.00 (or the equivalent in the foreign currency) will be payable: this will be clearly identified as such during the booking process. The exact amount of the all-in booking fee depends on the size of the order and is calculated as follows:

      • €1.00 in the case of bookings up to €30.00
      • €1.50 in the case of bookings between €30.01 and €50.00
      • €2.00 in the case of bookings between €50.01 and €100.00
      • €2.50 in the case of bookings between €100.01 and €150.00
      • €3.00 in the case of bookings between €150.01 and €200.00
      • €3.50 in the case of bookings between €200.01 and €250.00
      • €4.00 in the case of bookings between €250.01 and €300.00
      • €4.50 in the case of bookings between €300.01 and €350.00
      • €5.00 in the case of bookings over €350.00

      In the event of cancellation the all-in booking fee will not be refunded. but 2beGROUP s.r.o. reserves the right to change the all-in booking fee or to waive it in part, for a limited period or in full.

      In order to provide its agency services, it is helpful for 2beGROUP s.r.o. to know a customer’s personal details (full name, email address, telephone number, country of residence). 2beGROUP s.r.o. will use that information for the purposes of promotion via newsletter advertising and remarketing using cookies. By the use of cookies (data protection declaration) for marketing purposes 2beGROUP s.r.o. can identify its customers as users of www.SNOWBRAINER.com online on websites on which 2beGROUP s.r.o. is an active partner and promote campaigns and products.

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    • 1.5. Payment

      Payment may be made using a credit card, PayPal or, according to the country, using a method of payment which is accepted by 2beGROUP s.r.o.

      Payments are processed through external payment service providers. As a PCI DSS-certified company 2beGROUP s.r.o. does not itself store payment data. There are, however, two methods of payment which require the consent of the provider or supplier (e.g. a hire shop) and cannot therefore be offered universally by 2beGROUP s.r.o.:

      1. 100% Online Payment: in this case the whole of the cost of a booking is paid when booking on line (payment-in-full booking);
      2. 35% Online Booking: In this case 35% of the cost of ski-hire product is paid when a booking is made on line. The remainder of the cost will appear on the booking confirmation and must be paid directly to the relevant contractual partner locally (deposit booking). Exempt from the payment of a deposit are: lift passes, the hire of clothing, SNOWFLEX, SNOWGUARANTY and ALPINSAFETY together with ALPINSAFETY PLUS – all of which are included 100% in the deposit.

      In the event of a subsequent additional booking by a customer, 2beGROUP s.r.o. shall be entitled to arrange for the additional cost occasioned by the additional booking to be collected by 2beGROUP s.r.o.’s payment provider or charged to the customer’s credit card account. In the case of bookings which involve a method of payment which does not permit any subsequent charges, a new booking must be generated. The original booking will be cancelled with immediate effect and the cost, minus the all-in booking fee which has already been charged, refunded. In the case of a subsequent booking which involves a greater cost 2beGROUP s.r.o. will waive the all-in booking fee for the original booking.

      Any charges (commission, bank fees associated with exchange rates etc.) shall be charged to the person making the booking in their entirety.

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    • 1.6. Confirmation of booking (voucher)

      By completing a booking the customer confirms the accuracy of his personal details. The booking activated by the customer shall become effective once payment has been made on line and confirmation of booking (voucher) received together with confirmation of payment.

      The customer must immediately check the confirmation of booking which he is sent by email for accuracy. 2beGROUP s.r.o. must be notified at once of any deviations from the desired booking which appear on the confirmation of booking. Any loss which 2beGROUP s.r.o. should incur as the result of the provision of incorrect or incomplete information (such as an incorrect date of birth) shall be indemnified by the customer.

      The provider’s details as they appear on the confirmation of booking have been provided for 2beGROUP s.r.o. by the provider.

      Neither the confirmation of booking (voucher) nor the confirmation of payment constitutes an invoice. The relevant provider alone should be contacted for an invoice to be issued.

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    • 1.7. Special provisions in respect of ski hire/skiing lessons


      • 1.7.1. Collection and return of equipment/beginning and end of lessons.

        The customer must present an official proof of identity bearing a photograph (such as a passport, identity card or driving licence) at the ski shop and skiing school, along with confirmation of booking (in printed form at the request of the provider) and agree for a copy to be made of the photograph. In France equipment may normally be collected from the relevant ski shop from 4.00 pm onwards, and in other countries from 3.30 pm on the day preceding the first day of the period of hire and by 10.00 am on the first day of the period of hire. Please note that deviations from these arrangements are possible: these will be apparent during the booking process and from the confirmation of booking.

        In the event of a delay in collection/commencement of skiing lessons, the customer must make the appropriate arrangements with the relevant provider.

        As an agent 2beGROUP s.r.o. may normally only provide a refund or a partial refund with the written consent of the provider. It is absolutely essential that the customer should forward the provider’s confirmation in writing to 2beGROUP s.r.o. However, if the customer has opted for ALPINSAFETY PLUS (4.2. in these General Terms and Conditions of Business) and an insured event for the purposes of the General Terms and Conditions of Business of Europäische Reiseversicherung [European Travel Insurance] should occur, a refund should be requested from Europäische Reiseversicherung AG.

        The same shall apply if the customer should prematurely waive performance of the agreement (for example: by returning ski hire items before the end of the hire period, or abandoning skiing lessons before the end of the course for any reason). As an agent 2beGROUP s.r.o. will normally only be able to make a refund or partial refund with the provider’s written consent. It is absolutely essential that the customer should forward the provider’s written confirmation to 2beGROUP s.r.o.

        Equipment must be returned before close of business at the ski hire shop on the last day of the hire period. The customer must apprise himself of the shop’s closing time. Should the equipment be required for a longer period, the difference between the actual period of hire and the period of hire which was booked or paid for will be calculated on the basis of standard local costs of hire (without the on-line saving) and paid directly on the spot in the ski hire shop. If the equipment which has been hired or any part thereof is not returned at the proper time, the customer may incur a surcharge.

        The place of performance is the location of the ski hire shop where the winter sports equipment on hire was hired.

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      • 1.7.2. Exchange of ski hire items

        The skiing equipment which has been hired may be exchanged for items of higher quality before the first day of the hire period (provided the provider’s qualifying period for the booking so permits) subject to the application by analogy of these General Terms and Conditions of Business, in which event 2beGROUP s.r.o. will be entitled to levy the additional charge occasioned by the amended booking (see Item 1.5). The skiing equipment which has been hired may only be exchanged locally for items of superior quality on or after the first day of the hire period on the basis of the Terms and Conditions of the ski hire shop. In the event of an exchange for an item of inferior quality, 2beGROUP s.r.o. will not pay a refund. Any other agreements between the provider and the customer shall remain unchanged.

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      • 1.7.3. Use

        The customer has sole responsibility for the skiing equipment on hire and must use it carefully in accordance with its function and the conditions of use. Should any ski hire items already exhibit signs of damage at the time of handover, the customer may demand an exchange from the relevant provider at the beginning of the period of hire. Equipment may not be passed on to a third party. 2beGROUP s.r.o. draws express attention to the risks associated with the adjustment of the ski bindings in the event of an unauthorised change in skier. The greatest risk inherent in the adjustment of the bindings consists in the bindings failing to be released in the event of a fall.

        The customer must ensure that the ski hire items are stored in such a way as to prevent confusion or theft. The skiing equipment on hire is not insured. In the event of any breakage, damage, theft or excessive wear to the skiing equipment on hire, the customer will therefore be liable to the ski hire shop for the cost of repair or its current value.

        By opting for SNOWGUARANTY (Risk accession provided by INTERNATIONAL ONLINE SKI HIRE s.r.o.) during the booking process the customer can protect himself against any damage (breakage, damage, theft) which is not caused by intent or gross negligence (see Part 3 of these General Terms and Conditions of Business).

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      • 1.7.4. Complaints

        Any defects which become apparent during the course of the period of hire or the course of lessons must be brought to the attention of the relevant provider (ski hire shop, skiing school etc.) on the spot at the earliest opportunity to enable a prompt solution to be implemented. Any omission to notify the provider may be attributed to the customer as joint liability and may in that event reduce any right he enjoys to compensation.

        Customer Support at 2beGROUP s.r.o. may be notified of any defects during the period of hire or lessons (not afterwards). The Customer Support Team will be happy to assist with a view to eliminating the defect.

        Please contact our Customer Support by email: info_email or call our hotline – you will find the number you require for the relevant country at www.SNOWBRAINER.com

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    • 1.8. Jurisdiction

      All legal disputes connected with or relating to on-line bookings at www.SNOWBRAINER.com shall be subject solely to Slovakian law. The competent court shall be the District Court Bratislava I.

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    • Part 2 - Cancellation (Right of withdrawal, cancellation, rescission, avoidance of cancellation charges)


      • 2.1. No right of withdrawal under EU Consumer Rights Directive 2011/83/EU:

        Under Directive 2011/83/EU of the European Parliament and of the Council (hereinafter merely the 'Consumer Directive') the consumer has the right to withdraw from agreement within fourteen days of the day on which the agreement was concluded without stating a reason.

        The consumer, however, has no right of withdrawal in the case of a remote transaction - or agreement entered into outside commercial premises for services in the sphere of accommodation for purposes other than residence, the promotion of products, car hire, the delivery of food and drink and services associated with leisure activities, if the agreement provides for a specific point in time or period of time for the provider to meet his contractual obligations (Art. 16 (l) of Directive 2011/83/EU).

        We would point out that in the case of agreements entered into under these General Terms and Conditions of Business, no general statutory right of withdrawal exists.

        2beGROUP s.r.o. currently acts as an agent for a thousand or so shops and ski schools in ten countries and harmonises the options for cancellation and rescission which generally apply between providers and consumers, subject to the conditions specified (2.2). Both cancellations and changes to bookings only become effective once the relevant confirmation (voucher) has been dispatched anew.

        An all-in booking fee which has been retained will not be cancelled.

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      • 2.2. Cancellation up until the first day of the period covered by the booking (hire of skis, skiing lessons and additional products) - other than LIFT PASSES and the HIRE OF SKI CLOTHING

        In the case of ski hire bookings, the first day of the booking period shall be the first day of the period of hire and in the case of ski lesson bookings the first day of the course of instruction.

        Bookings must be cancelled in writing, and this is possible up until the first day of the booking period, subject to the following conditions:

        Should a cancellation be made up to 10 working days before the first day of the booking period, a cancellation fee of 25% of the cost of the booking will be retained.

        Should a cancellation be made between 9 and 3 working days before the first day of the booking period a cancellation fee of 30% of the cost of the booking will be retained.

        Should a cancellation be made 2 working days or by no later than 08.00 am 1 working day before the first day of the booking period, a cancellation fee of 35% of the cost of the booking will be retained. Thereafter cancellation will be subject to the conditions set out in Item 2.3..

        A cancellation fee can be avoided by the payment in advance of a surcharge (SNOWFLEX – applies in the case of cancellations before the first day of hire) (see Item 2.7.)

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      • 2.3. Cancellation on or after the first day of the period for which the hire of skis, skiing lessons or additional lessons (OTHER THAN LIFT PASSES) has been booked

        Should a cancellation be made on or after the first day of the booking period, a cancellation fee of 100% of the equipment which has been booked or of the service which has been booked will be retained. The same applies in the case of cancellations in respect of the products SNOWGUARANTY, SNOWFLEX ALPINSAFETY AND ALPINSAFETY PLUS.

        When a booking is made for ALPINSAFETY PLUS (Item 4.2 of these Terms and Conditions of Business), the cancellation fees will be waived in the event of an occurrence within the meaning of the 'List of benefits supplementary to (AVB) E859' issued by EUROPÄISCHE REISEVERSICHERUNGS AG, which is available to download under Item 4 Personal Insurance.

        Any other agreements between the provider and the customer shall remain unchanged in the event of cancellation, with 35% of the total cost of the booking being retained by 2beGROUP s.r.o. in its entirety in the case of deposit bookings.

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      • 2.4. Cancellation of bookings for lift passes

        Lift pass bookings may only be cancelled in accordance with the conditions of the individual cable car operator. Please get in touch with our Customer Support.

        In French skiing areas most lift passes may be cancelled up to a maximum of 6 working days before a booking period is due to commence, subject to the conditions of cancellation set out in 2.2 of these Terms and Conditions of Business. Cancellation is not possible on or after the 5th working day before the booking is due to commence.

        In Austrian skiing areas lift passes are subject to the conditions of cancellation set out in 2.2. of these Terms and Conditions of Business. Cancellation is not possible once the booking has commenced.

        In the case of lift passes from any country, it is possible to exclude the risk of cancellation by booking SNOWFLEX in accordance with Item 2.7.7. before the booking period has commenced and by booking ALPINSAFETY PLUS with effect from the commencement of the booking period in accordance with the 'List of Benefits Supplementary to (AVB) E859' issued by EUROPÄISCHE REISEVERSICHERUNGS AG, which is available to download under Item 4 Personal Insurance.

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      • 2.5. Cancellation of the hire of ski clothing and additional products

        Should a cancellation be made up to 10 working days before the first day of the booking period, a cancellation fee of 15% of the cost of the booking will be retained.

        Should a cancellation be made between 9 and 5 working days before the first day of the booking period, a cancellation fee of 25% of the cost of the booking will be retained.

        Should a cancellation be made less than 5 working days before the first day of the booking period, a cancellation fee of 100% of the cost of the booking will be retained.

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      • 2.6. Changes to bookings

        Changes to bookings are only possible by contacting Customer Support by email: info_email; Chat or call using out hotline - you will find the number you require for the relevant country at www.SNOWBRAINER.com

        Generally speaking no other persons may be added to a booking once the booking is complete. You are welcome to make a separate new booking for additional people as required.

        The conditions of cancellation set out in Item 2.1 also apply to changes to bookings subject to the following exceptions/riders:

        1. A change in provider before the provision of a service has commenced where the period of booking remains unchanged is free of charge (no all-in booking fee). Our Customer Support will be happy to provide advice on this point and confirm availability with the provider. If, however, the new provider should be more expensive, 2beGROUP s.r.o. will have to charge the difference between the services which have been booked. In the case of bookings which involve a method of payment which does not permit a subsequent charge, a new booking must be generated. The original booking will be cancelled immediately and the cost reimbursed.

        2. Changes to a booking period with the same provider are free of charge (no all-in booking fee) and possible up until at the latest 48 hours before the first day of the booking period. Any reductions in the period are subject to the conditions of cancellation as set out in Item 2.2 in proportion to the reduced period, provided a suitable offer is available from the provider. If the new booking period is available at the same price, there will be no surcharge. Inasmuch as a provider’s prices will vary between seasons (high and low seasons), a new booking period may entail a change in prices. If the prices for the new booking period selected are dearer, 2beGROUP s.r.o. will have to charge the difference. In the case of bookings which involve a method of payment which does not permit a subsequent charge, a new booking must be generated. The original booking will be cancelled immediately and the amount reimbursed.
          In the case of lift pass bookings, it is not possible to change the period. See Item 2.4. for details.

        3. Partial cancellations of an individual product in a booking are subject to the general conditions of cancellation as set out in Item 2.2.

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      • 2.7. SNOWFLEX – Avoidance of cancellation fees up until a booking commences (by 08.00 AM at the latest on the day before the first day of the booking period)

        INTERNATIONAL ONLINE SKI HIRE s.r.o. offers to cap cancellation fees with 0% for customers who opt for SNOWFLEX when making a booking in return for the payment in advance of a sum equal to 5% of the overall cost of the booking (or due a promotion you get it free of charge). Payment must be made at the time of booking. You will find SNOWFLEX during the booking process (at Step 2/Booking details – complete your booking details -where you can select SNOWFLEX by entering a tick)

        SNOWFLEX undertakes to