Ski In s.r.l. (hereinafter "Ski In"), a limited liability company with share capital of € 30.000,00 fully paid-up, domiciled at Plan Checrouit 6/7 — 11013 Courmayeur (AO), VAT number 00120930078, telephone +39 0165/841231, email info@skiincourmayeur.it, provides equipment rental and storage services under the following terms and conditions.
Acceptance and signature of these terms and conditions constitute evidence of the Customer’s informed consent to the provisions contained herein.
These terms and conditions may be unilaterally updated by Ski In; any amendments shall apply only to future contracts and the new terms will be made available to the public in-store and online prior to the signing of new contracts; the terms in force at the time of signature shall apply.
The Customer declares to be of legal age; otherwise the contract must also be signed by a parent or legal guardian.
"Equipment": any item, accessory or kit (skis, snowboard, boots, helmet, safety kit, technical clothing, etc.) offered for rental or storage.
"Customer": the natural or legal person who signs the rental/storage contract.
"Unique Code": an indelible identification code applied by Ski In to each item. Such code shall be conclusive for identification of the item.
"Replacement Value": the fixed amount that includes the purchase cost of a new item, administrative handling charges and any lost profits, applicable in the event of irreparable damage or failure to return the item, as specified in Article 8.
2.1 Customer identification and registration
For any rental or storage service, registration with a valid identity document and the collection of personal data necessary for the performance of the contract are mandatory.
2.2 Customer's declarations and obligations
The Customer declares and warrants that at the time of signing the contract:
After verifying that the personal information and data entered into the system are correct and truthful, the Customer must sign a receipt acknowledging the proper adjustment of the equipment performed by the operator.
Ski In provides the equipment in good faith based on the Customer’s declarations. Responsibility for any accidents, including injuries to the Customer or third parties, resulting from false or incomplete statements or from failure to properly assess one’s condition, shall lie entirely with the Customer, to the extent permitted by law.
The Customer acknowledges that the rented/stored equipment is not automatically insured, except where the Customer elects to purchase separate products offered by Ski In to reduce liability for the value of damage.
Liability for damage, theft and loss remains fully with the Customer within the limits and under the terms of this contract.
Any insurance coverage purchased separately shall be governed by its specific terms and does not alter the contractual obligations set out herein.
2.3 False statements
Any false statement, omission or use of forged documents by the Customer shall result in:
2.4 Liability for damage to third parties
The Customer assumes full responsibility, including civil and criminal liability, for any direct or indirect damage caused to persons, property or animals, whether to themselves or to third parties, arising from the use, possession or operation of the rented or stored equipment.
The Customer expressly indemnifies Ski In from any claim, demand for compensation, obligation or consequence arising from such damages, even if attributable to the negligence of others, including damages caused by third parties during the use of the equipment, except where Ski In has acted with willful misconduct or gross negligence proven.
3.1 Delivery and adjustment procedure
The Customer may collect the equipment only after witnessing the adjustment and testing performed under the supervision of Ski In's qualified personnel.
3.2 Ski binding certification
Ski In undertakes to adjust and certify ski bindings based on the personal information provided by the Customer (weight, height, age, technical level, etc.), in full compliance with applicable standards (ISO 11088 and ISO 13993) and using the certified machine Montana Jetbond S.
Responsibility for correct adjustment of the equipment lies with Ski In as a professional service provider.
Ski In is not responsible for accidents resulting from incorrect or untruthful personal information provided by the Customer.
3.3 Delivery receipt
The Customer must sign a receipt certifying that they have:
3.4 Customer’s responsibility
The Customer is required to inspect the equipment upon delivery and to immediately notify Ski In staff of any visible defects or damage.
It is recommended to document the condition of the equipment with photographs prior to collection.
The Customer is strictly prohibited from modifying or altering in any way, including by third parties, the binding adjustments performed by Ski In; any such modification shall fully release Ski In from any liability for any damage or injury resulting from such alteration, even if the damage is partially attributable to the equipment itself, except where the event is attributable to willful misconduct or gross negligence on the part of Ski In.
3.5 Handling of pre-existing damage
Any defects or damage not reported at delivery shall be presumed to have occurred during the rental period and will be charged to the Customer.
The Customer reserves the right to prove, with appropriate evidence, that the damage pre-existed at the time of delivery.
4.1 Item identification
All items are identified with an indelible unique code.
Upon return, such code shall be deemed conclusive.
Return of an item without a matching code shall be considered as failure to return the originally rented item.
4.2 Return of equipment
The rental period starts at the time of collection and ends with the return of the same code within the opening hours on the final day.
4.3 Failure to return
Failure to return within the agreed terms shall automatically trigger the procedures set forth in Article 7.
5.1 Use
The equipment is provided for the Customer's personal and exclusive use, who must use it with the care of a prudent person.
The following are strictly prohibited:
5.2 Improper use
Any improper use — including, by way of example: participation in unauthorized competitions, courses or activities organized without Ski In’s written consent, grossly negligent behavior — constitutes a material breach and entails:
6.1 Online bookings
Online bookings are confirmed only upon receipt of full prepayment.
6.2 Prices
Prices are expressed in Euro, VAT included.
Banking or currency exchange fees are entirely borne by the customer.
6.3 Payment
Equipment must be paid through the day of return inclusive.
Any extensions are possible until 4:00 PM with immediate payment of the difference.
7.1 Failure to return or return of a non-matching item
If the Customer does not return the rented equipment within the agreed term (i.e., within the closing time of the last paid rental day) or returns an item with a unique code that does not match the code rented, Ski In will send a formal notice to perform by email, registered mail or certified electronic mail (PEC), requesting immediate return or payment of the Replacement Value of the item within 7 days.
If the Customer fails to comply within the stated term, Ski In reserves the right to:
7.2 Theft or loss
In the event of theft or loss of the equipment, the Customer is obliged to:
8.1 Liability for damage
During the rental period the Customer is solely responsible for any damage or breakage, theft or loss, even if caused by negligence, improper use, carelessness or by accidental events, whether caused by third parties, that may occur to the equipment, except where the event is attributable to willful misconduct or gross negligence of Ski In.
8.2 Assessment of damage
Upon return, Ski In staff will assess the condition of the equipment.
Damages shall be classified into two categories:
8.3 Replacement values of items
The following values are fixed in a transparent and predetermined manner and do not, in any case, deviate excessively from the average market value for the purchase of new equipment.
They do not represent the commercial value of the item at the time of damage, but a lump-sum amount that includes the purchase cost of a new item, administrative handling charges and any lost profit for the company following the removal of the equipment from its inventory.
These values are freely accepted by the Customer at the time of contract signing after having reviewed them (price list displayed and readily available at the reception desk).
8.4 Dispute and acceptance of damages
At the time of return, the Customer has the right to inspect the damage and request explanations from Ski In staff. In such case, a return report for the damaged item will be drawn up, which the Customer must sign as acknowledgment of having inspected the damage and acceptance of the related repair or replacement costs.
If the Customer refuses to sign the return report, Ski In staff will document the damage and prepare a report, in the presence of another staff member, certifying the Customer’s refusal to sign. Such report shall have the value of a record between the parties.
In the absence of signature or in case of dispute, Ski In reserves the right to charge the cost and the Customer may subsequently contest the cost or nature of the damage through legal channels by submitting contrary evidence.
8.5 Pre-existing damage
Damage or defects present on the equipment at the time of delivery must be reported by the Customer (Article 3.4).
In the absence of such report, the equipment is presumed to have been delivered in good condition and without defects. The burden of proof that the damage pre-existed delivery lies with the Customer.
9.1 Offer
Ski In offers, upon request and upon payment of an additional fee, an optional contractual liability reduction (€ 5,00/day) for accidental damage and cases of theft/loss of rented equipment, as follows:
9.2 Terms of the liability reduction
10.1 In case of damage/loss/failure to return
Ski In will issue an invoice detailing the charges (repairs, replacement, administrative costs, penalties).
10.2 Payment procedure
Payment must be made within 7 days from notification and/or from the invoice date. Failing this, the following shall automatically apply:
11.1 Free non-custodial equipment parking service for rented items
The free parking service for equipment (skis, boots, shoes) is merely a provision of open, non-custodial spaces and does not imply any obligation of custody by Ski In.
Ski In assumes no liability for theft, loss, damage or accidental exchange of items left in such spaces, except in cases of willful misconduct or gross negligence.
11.2 Information and prohibitions
Such spaces are open and non-custodial, without locking systems.
It is strictly forbidden to leave and/or abandon personal items or equipment not rented, except for using the free non-custodial equipment parking service for one’s own shoes as a replacement for ski boots during the day.
Ski In assumes no liability for thefts, losses or accidental exchanges in such spaces, which are equivalent to the mere provision of unguarded areas.
11.3 Private locker storage
The Customer may purchase separately the service of:
11.4 Use of private locker
In the case of use of the various types of private locker, Ski In shall be liable only within the limits provided by Articles 1783 et seq. of the Civil Code, and solely in cases of willful misconduct or gross negligence.
All liability is excluded in case of opening via the Customer’s ski pass or PIN code, negligent custody thereof, improper use or carelessness.
11.5 Repair or replacement costs
If the electronic lock is damaged, a minimum charge of €150,00 shall apply for repair or replacement, plus labour and any additional repairs necessary to restore the item to its original condition.
12.1 Opening hours
Ski In's opening and closing hours are indicated at the operational premises and on the official website.
Ski In reserves the right to change such hours at any time without prior notice to the Customer.
Changes shall take effect upon publication.
12.2 Delays, suspensions, interruptions
Ski In assumes no liability for delays, suspensions, interruptions or inability to provide services due to force majeure causes, including but not limited to: exceptional weather conditions, strikes, regulatory changes, technical failures, failure to return or breakage of equipment by the Customer, interventions by public authorities, epidemics, natural disasters or extraordinary events beyond Ski In’s control.
12.3 Force majeure circumstances
In such force majeure circumstances, Ski In will endeavor, where possible and subject to availability, to provide alternative equipment of equivalent or superior quality to that originally provided, without this constituting any obligation to compensate or refund.
12.4 Extraordinary closures or service suspensions
No refund or compensation shall be due to the Customer for extraordinary closures or service suspensions determined by force majeure causes.
12.5 Examples of force majeure causes
By way of example only, the following are considered force majeure causes — and therefore events that absolve Ski In from liability — including: exceptional weather events, closure of ski lifts, technical failures and power outages, epidemics or pandemics, acts of public authorities or legislative/regulatory provisions, strikes or labor unrest, natural disasters, sabotage, unforeseeable or unavoidable events, or other similar circumstances not attributable to Ski In and beyond its control.
13.1 Statutory right of withdrawal
The Customer who makes an online booking may exercise the right of withdrawal within 14 days, provided that the equipment has not yet been collected.
Refunds will be made net of bank charges.
13.2 Vouchers
Any vouchers issued by Ski In are personal, non-transferable and not redeemable for cash, without prejudice to the non-waivable rights of the consumer under the Consumer Code.
13.3 Rate types
At the time of booking, the Customer chooses between:
14.1 Immediate termination
Ski In may immediately terminate the contract without refund in the event of:
14.2 Effects of early termination and contract resolution
In case of early termination of the contract for any reason (breach, withdrawal, violation of essential obligations), the Customer undertakes to immediately vacate any stall, locker and assigned premises, allowing Ski In direct access to the spaces and authorizing any forced opening of the locker or storage facility with charging of the costs necessary to restore the item, and to return to Ski In any rented equipment.
Ski In's right to claim damages and to retain amounts already paid is reserved, without prejudice to any greater damage.
15.1 Data controller
Ski In s.r.l., with registered office at Plan Checrouit 6/7, 11013 Courmayeur (AO), is the data controller of personal data provided by the Customer for the conclusion and performance of the rental and storage contract.
15.2 Personal data processed
Personal data processed include: identification data, contact details, tax data and any other information necessary for contractual performance.
15.3 Purposes of data processing
Data are processed pursuant to EU Regulation 2016/679 for:
a) performance of the contract and management of services;
b) legal and tax obligations;
c) fraud prevention;
d) exclusion of marketing and profiling purposes.
15.4 Sharing of processed data
Data may be shared with competent authorities, credit institutions, consultants and third parties legitimized for the execution of the contract. No processing for dissemination or sale purposes is envisaged.
15.5 Data retention
Data are retained for the time necessary to achieve the purposes, and in any case no longer than 11 years from the performance and fulfillment of legal obligations.
15.6 Transfer outside the EU
In the event of transfer outside the EU, Ski In will adopt all guarantees required by law.
15.7 Rights of withdrawal, rectification, erasure, restriction, objection and portability
The Customer may exercise at any time the rights of access, rectification, erasure, restriction, objection and portability of data, and may lodge a complaint with the Data Protection Authority, by contacting Ski In at privacy@skiincourmayeur.it.
15.8 Privacy notice
For maximum transparency and protection, the privacy notice in accordance with Articles 13 and 14 of EU Reg. 2016/679 is attached to this contract as an integral part. The Customer declares to have received, read and understood it, and to expressly consent to the processing of data for the purposes and in the manners indicated. A copy of the notice is always available at the premises and on the website www.skiincourmayeur.it.
16.1 Express termination clauses
The Parties agree that the cases listed in Article 14.1 constitute express termination clauses pursuant to and for the purposes of Art. 1456 of the Civil Code.
In such cases, Ski In may declare the contract terminated with immediate effect by written notice, without prejudice to the right to claim further damages.
Termination clause: breach of any essential clause entitles Ski In to terminate the contract by operation of law and claim damages.
16.2 Partial validity
The possible nullity of individual clauses does not affect the validity of the contract.
Null clauses shall be replaced by others conforming to the original intent.
16.3 Savings clauses
If one or more clauses of this contract are declared null, ineffective or inoperative, the Parties undertake to negotiate in good faith substitute clauses that realize as far as possible the original purpose, in compliance with applicable law. In any event, the nullity or ineffectiveness of individual clauses does not prejudice the validity and operation of the remaining provisions.
16.4 Limits and reservations of liability
All limitations and exclusions of liability provided for in this contract apply only within the limits permitted by applicable law, including the mandatory provisions of the Consumer Code, the Civil Code and any other applicable law or regulation.
No exclusion of liability applies in case of willful misconduct or gross negligence by Ski In.
16.5 Governing law and competent court
Italian law shall apply.
Except as otherwise mandatorily provided by the Consumer Code, any dispute shall be referred to the exclusive jurisdiction of the Court of Aosta.
It is understood that this clause applies exclusively to disputes that do not fall within the scope of the Consumer Code or for which the law permits derogation from the consumer’s chosen forum.
16.6 Language and international jurisdiction
This contract is drafted and signed in Italian.
In case of translation or signing by foreign Customers, the Italian version shall prevail.
For any dispute arising from contracts concluded with Customers not resident in Italy, the exclusive jurisdiction of the Court of Aosta and the application of Italian law shall remain, expressly excluding the choice of a foreign forum, without prejudice to mandatory rights of the consumer provided in the country of residence.
The undersigned declares that they have:
Pursuant to Article 1341, second paragraph, of the Civil Code, the Customer expressly declares to approve the following provisions: