Bikepark Rentals – Terms of Service.
The Finnish Ski Area Association (“FSAA”) and the Finnish Consumer Ombudsman have agreed upon these terms and they have been verified by the Ombudsman on 31 January 2010.
1. APPLICATION OF TERMS
1.1 These Terms are applied to consumers (“customers”), FSAA-certified Bikepark rental shops (“providers”) and their personnel.
2. LIABILITY OF PROVIDERS
2.1 The provider is responsible for the shape and suitability of the equipment offered for rent.
2.2 The provider is not responsible for damages that have been caused by unforeseeable and unavoidable factors or events that the provider could not be reasonably expected to take into account while providing equipment for rent.
3.1 All equipment rentals require a written agreement that states at least the following:
3.1.1 the provider’s name, the Bikepark’s official name and contact details
3.1.2 the customer’s name, date of birth, address and phone number
3.1.3 the equipment provided for rent
3.1.4 any blemishes found on the equipment
3.1.5 period of rental
3.1.6 price of rental
3.1.7 signatures of both provider and customer
3.1.8 note of applicable general contract terms
3.2 When renting equipment for groups, a single agreement can be drawn up for the entire group. The agreement should include the provider’s name, resort and contact details as well as each customer’s name. The group leader can fill in their information for the customer’s personal and contact details. The group leader will also sign the contract on behalf of the group. The contract must also state the period and price of rental.
4. VERIFYING CUSTOMERS’ IDENTITY
4.1 Customers are required to provide proof of identity.
4.2 The provider cannot keep record of the customers’ identity numbers or dates of birth after the equipment is returned. The provider is also prohibited from giving any such personal information to third parties.
5. USE OF RENTAL EQUIPMENT
5.1 Once the customer has signed the rental agreement, they can personally use the equipment on the resort’s tracks, special venues and other bike paths that are in operation and have been prepared for the purpose. The customer may not pass the equipment onto other persons or take the equipment outside the resort’s boundaries, unless agreed upon.
6. CUSTOMERS’ AND PROVIDERS’ LIABILITY
6.1 Customers are required to handle the rental equipment with care to avoid damage or loss.
6.2 No markings can be made on the rental equipment and no parts may be removed or detached.
6.3 Should the equipment require maintenance, customers must bring the equipment to the provider for repair.
6.4 The provider is responsible for providing helmets that fulfil the official requirements placed on personal protective equipment.
7. ERROR, DAMAGES AND THEFT
7.1 Customers are required to inform the provider without delay if the equipment is lost, destroyed, damaged and/or appears to be faulty.
7.2 In case of theft, the customer must report the offence to the police.
8. CUSTOMERS’ LIABILITY FOR DAMAGE
8.1 Customers are required to pay for lost or damaged equipment according to fair value unless they can prove to have taken all necessary care with the equipment.
8.2 The provider must notify customers of any external damage found on rental equipment upon return of said equipment. Customers are required to pay:
8.2.1 normal repair fees for damaged equipment.
8.2.2 the fair value of equipment or components lost or damaged beyond repair.
8.2.3 Customers are not accountable for normal wear and tear.
9.1 Rent is to be paid either at the time of rental or upon return.
9.2 The rent is based on time used or a predetermined price stated in the price list and rental agreement.
10. RETURN OF EQUIPMENT
10.1 All equipment must be returned before the rental period ends.
10.2 Should the customer wish to extend the rental period, it must be agreed upon with the provider before the rental period ends.
10.3 Should the customer return the equipment late, the provider may charge an additional fee for the time before the equipment is returned.
11. LIABILITY FOR DAMAGES TO CUSTOMERS OR THIRD PARTIES
11.1 By signing the rental agreement, customers confirm to be aware of the risks inherent in using the rental equipment for its intended purpose.
11.2 The provider is responsible for damages caused to customers or third parties when the damages arise from appropriate use, if the provider:
11.2.1 has caused the damage directly or indirectly.
11.2.2 has provided the customer with equipment that is unsuitable according to the information given by the customer.
11.3 In all other cases, customers are responsible for damages to themselves or third parties in accordance with the general principles and legislation regarding liability.
12.1 The first course of action for disputes between customers and providers should be private negotiations. If the parties cannot reach an understanding, the customer may take the issue to the Consumer Disputes Board or take legal action in their district court.