Tel. +41 (0)79 822 53 79
General terms and conditions for all services provided by Xperience GmbH, Bahnhofstrasse 5, 6390 Engelberg
With the confirmation of a reservation, instruction on site or the provision of rented equipment a rental contract comes into effect between you (referred to below as the 'customer' and Xperience GmbH (referred to below as the 'organisers'). The present terms and conditions form an integral part of the contract concluded between you and the organisers. You are therefore requested to read them carefully.
2. Terms of rental
Customers must be at least 18 years of age or accompanied by an adult, and must be covered by adequate insurance protection. In the case of customers under 18 the accompanying person assumes responsibility. The use of the prescribed tracks and pistes is only permitted with the rental equipment provided for this purpose, and under staff supervision. Customers undertake to use the rental equipment correctly and with the necessary care.
The price which is notified at any time will apply to each specific service. Printing errors excepted. Customers have the right to use the rental equipment and the pistes provided for this purpose during the agreed rental period. In the case of reservations the rental fee must be paid in advance. Any rentals made without advance reservation must be paid for locally in advance or immediately after use.
In principle confirmed reservations cannot be cancelled. Until three days before the date of the reservation customers can make changes, e.g. to the participant numbers, date or time. Customers who fail to arrive for the agreed reservation or arrive too late will have no claim on a refund for the rental period which has not been used.
If the organisers have to cancel the reservation, for example because of stormy weather, an alternative date and time will be mutually agreed. If a postponement is not possible, the customer will receive a refund of the amount paid. However, the organisers will not be subject to claims for damages if a reservation is cancelled. All refunds will be subject to a deduction of bank charges and a processing fee.
4. Park rules
The applicable park rules are explained as part of the instruction and are displayed at the park. Customers who deliberately or even accidentally break the park rules can be expelled from the park. If a customer is expelled from the park any rental fee due will still be payable. Before receiving the equipment customers must sign a disclaimer in which they confirm that they know the park rules, will be personally liable for their own actions and are not under the influence of alcohol.
The organisers have company liability insurance. The electric vehicles are not covered by comprehensive insurance.
The provision of accident insurance is the responsibility of the customer. Customers are themselves responsible for obtaining appropriate insurance cover against damage to themselves, the organisers and third parties. The organisers reject all liability in the event of damage resulting from a breach of the park rules and the terms and conditions.
Recourse claims on the part of the organisers If because of the provisions of SVG58 or on any other grounds the organisers have to provide compensation for an event of damage caused by a customer, the organisers reserve the right to assert a claim against the customer to the extent of the insurance excess. In the event of damage caused deliberately or as a result of gross negligence, the customer can be held responsible to the full extent of the damage. Regardless of the insurance coverage described in this paragraph, customers will be responsible for any damage caused by negligence. This applies in particular to recourse claims on the part of the insurance company. Any damage caused to the rented equipment by negligent handling and the related consequential costs (non-availability of the equipment) will be charged to the customer to the full extent.
Any minor damage up to an amount of CHF 200.00 caused to the rented equipment and the facilities as a result of negligence will be payable immediately.
6. Applicable law and place of jurisdiction
The present contractual relationship will be subject exclusively to Swiss law. If individual provisions of the contract are not valid, this will not affect the validity of the contract as a whole.
The sole place of jurisdiction for all disputes arising from this contract will be Obwalden.
Valid from: 01 October 2016