Terms and conditions for ski hire at M+ STORE

 

a)      Identification details.

 

The company that owns the physical stores "M+ STORE" is the business name: "MEGASPORT, S.A.U" with registered office at C/ Mercuri, 14 2ª Planta. Cornellà de Llobregat. 08940, Barcelona. Email: info@megasport.es. Tax ID number: A59119081, incorporated for an indefinite period, by means of a deed authorised by the Notary of Barcelona, Mr Miguel Ángel Pérez de Lazarraga Fernández, on 29 January 1990 and registered in the Barcelona Mercantile Registry, in volume 20,005, page no. B-66, folio 201, 1st entry.

 

MEGASPORT, S.A. (hereinafter, "MEGASPORT") is a company dedicated to the sale and distribution of leading winter sports brands, with its own stores and partners in the main ski resorts, where it offers a rental service for winter sports clothing and equipment.

 

 

 

b)      Intellectual property of documentation and informational material.

 

All intellectual property rights to the content of the documentation and informational material provided in our shops are the exclusive property of "MEGASPORT", which has the exclusive right to exploit them.

 

Therefore, their reproduction, distribution, public communication and transformation, in whole or in part, is prohibited without the express authorisation of "MEGASPORT". Similarly, all trade names, trademarks or distinctive signs of any kind contained in the documentation provided in our shops are protected by law.

 

c)       Information on technical aspects.

 

At "MEGASPORT" we do not accept any responsibility that may arise from technical problems or faults in the equipment used by customers or problems external to the operation of our shops.

 

We are also exempt from any liability for possible damages or losses that the customer may suffer as a result of errors, defects or omissions in the information we provide when it comes from sources other than ourselves.

 

d)      Typographical errors.

 

MEGASPORT is not responsible for typographical errors in prices, promotions, offers, promotional gift cards or promotional conditions in general. In the event that an error of this type occurs at any time, beyond the control of "MEGASPORT", it will be corrected immediately. If there is a typographical error in any of the prices or promotions displayed and a customer has made a purchase decision based on that error, we will notify them of the error and the termination of the contract will not entail any cost on their part.

 

e)      Limitation of liability.

 

The sporting activities related to the products sold are inherently dangerous and can cause serious injury. It is the customer's responsibility to be technically capable of using the materials sold.

 

Article 1.- Reservation for equipment hire.

 

a.       Rented equipment.

 

The Customer may select, from the equipment available in the shop (hereinafter M+STORE) as available stock, the particular model they want or, in general, the category of equipment, after providing information regarding the skier's measurements, sizes and weight.

 

b.      Rental prices.

 

The price of each rental will be determined by the category of equipment reserved by the customer and the rental period chosen in accordance with the rental prices indicated in the shop.

 

Prices are displayed in a way that is easy for customers to identify and understand. This is done by means of labels, posters or price lists visible in the shop. Our prices include VAT.

 

c.       Contract.

 

After visiting M+STORE, the customer:

 

(i)                  Selects the product and, where applicable, any additional equipment.

(ii)                Requests the rental period (number of days involved).

(iii)               Provide the necessary information (name, surname, gender, skiing level, weight, height, foot size).

(iv)               Purchases extended breakage warranty, if applicable.

(v)                Provides the necessary identification and payment details in store.

 

The reservation is considered final and effective once payment has been made as established above for the total rental amount.

 

d.      Method of payment.

 

The customer rents the equipment from "MEGASPORT" by making payment at M+STORE by bank card or cash. Any financial charges that may result from bank card payments shall be borne by the customer. These charges correspond to any charges levied exclusively by the customer's bank for the use of their bank card.

 

Article 2.- Collection and return of rented equipment.

 

a)      Duration of the rental, method and deadline for collection.

 

The rental period begins when the customer collects the equipment from M+STORE and ends on the day of return, inclusive, in accordance with the duration indicated in the "contract".

 

M+STORE and its staff adjust the ski bindings in accordance with DIN standards based on the information provided by the customer, and shall not be held liable for any in s caused by incorrect information provided or by subsequent adjustments made by the customer or third parties.

 

b)      Pick-up and return location.

 

The customer is responsible for collecting the products, which must be picked up from the specific shop where the contract was signed (list of shops where contracts are signed in Annex 2).

 

Returns must be made to the same shop where the contract was signed, within the opening hours indicated in the list of shops (Annex 2).

 

At the time of hire, and only at the M+ Vielha shop, the customer has the option of subscribing to a transport service for the rented equipment, allowing them to return the product to M+ Ruda under the other conditions set out in Article 2.

 

The cost of the transport service is €7 (VAT included) per pack hired. In the case of skis, boots or poles only, the same amount will be charged.

 

 

c)       Right to refuse delivery.

 

M+STORE reserves the right to refuse delivery of products ordered by the customer:

 

(i)                  When payment for the order has not been made in accordance with the terms and conditions.

 

(ii)                When the customer fails to provide or present the relevant supporting documents, or when these are incomplete, non-compliant, or do not clearly identify the customer.

 

d)      Non-return, damage, or delay in delivery of the products.

 

In the event of total or partial non-return of the products, or in the event of partial or total damage that prevents their use, the customer must pay the full value of the product indicated in Annex 1, plus the rental cost.

If the product is returned the day after the last day of the "Contract" period, the shop will add an extra day's rental, according to the rate indicated in the shop. If it is the second day after, there will be two extra days, and so on.

In the event of a delay in delivery, after five days have elapsed, "The Shop" may claim, in addition to the rental cost for the aforementioned days, the full value of the new product at the retail price. The foregoing is without prejudice to any legal action that may be taken and any damages that may be proven.

 

 

Article 3.- Theft and breakage warranty.

 

a)      Extension of the guarantee.

 

When contracting with M+STORE, the Customer has the option of taking out the warranty offered and recommended by "The Store".

 

This warranty covers:

 

(i)                  Partial damage to the rented equipment, requiring the intervention of a professional in order for the product to be used again.

 

(ii)                Total or partial theft of one or more products. In the event of theft of ski equipment, the customer must provide the shop with a copy of the theft report filed with the police within a maximum period of 24 hours. After this period, the warranty shall be void.

b)      Cost of the guarantee.

 

The cost of the guarantee is TWO EUROS (€2) per day and per person for the complete equipment hired.

 

c)       Reporting an incident to the shop.

 

The customer must notify the shop of any incident within 24 hours. The customer agrees to file a report of breakage or theft at the shop.

 

d)      Warranty exclusions.

 

The following are excluded from the warranty:

 

         i.            Cases of loss, misplacement or replacement of products.

       ii.            Cases of damage resulting from improper use of the rented products.

3. Cases of total damage, when the equipment is irreparable or the cost of repair exceeds the cost of the product.

     iv.            Cases of damage resulting from deliberate acts by the customer or persons under their responsibility.

 

 

Article 4: Early cancellation by the user within the contracted period.

 

Provided that the customer effectively returns the equipment and presents a medical certificate justifying the injury, early return of the product will entail a proportional refund (price and, where applicable, breakage guarantee) for the time not used.

 

Similarly, a refund of the price, proportional to the time not used, will be made to the relatives of the affected person, provided that the equipment is effectively returned by them and the relationship is duly justified by presenting sufficient identification documents.

 

Unless otherwise agreed, the refund will be made using the same payment method used for the contract.

 

Article 5: Cancellation due to weather conditions.

 

In the event of total closure of the ski slopes normally accessible from the equipment rental location, and only in this case, the rental days concerned will be refunded upon presentation of a supporting document issued by the local ski lift company.

 

Unless otherwise agreed, the refund will be made using the same payment method used for the booking.

 

Article 6.- Liability.

 

M+STORE is exempt from all liability, including operating losses, profits, damages or expenses, in the event of:

 

a)       Failure or incorrect fulfilment of the contractual obligations by the Customer.

b)      Use of the rented equipment for purposes other than those for which it is intended.

 

In particular, the total or partial inability to use the rented products due to incompatibility of equipment or lack of experience shall not give rise to compensation, refunds or liability.

The rented ski equipment remains the sole responsibility of the customer from the moment it is collected. Therefore, the customer shall be responsible for said equipment and shall use it with care and prudence in all circumstances.

 

Article 7.- Force majeure.

 

In the event of events or circumstances of force majeure or fortuitous events, or similar to the latter, such as flooding, epidemics, war, requisition, strikes, hurricanes, tornadoes, earthquakes, revolutions, total or partial theft of equipment, transport interruptions or delays, transport breakdowns, lack of raw materials, tool accidents, lack of fuel or any other source of energy, as well as in the event of circumstances or events beyond the control of M+STORE, which occur after the conclusion of the contract and which prevent its final execution under normal conditions, M+STORE reserves the right to suspend, delay, modify or cancel the execution of the "Reservation".

 

Without prejudice to M+STORE's obligation to inform the Customer of the above circumstances as soon as possible, in such situations, the Customer may not directly claim any compensation or take legal action against M+STORE.

 

Article 8.- Personal data.

 

The data provided by the customer will be incorporated into processing operations for which "MEGASPORT" with Tax ID number A59119081, registered address for notification purposes at C/ Mercuri, 14, 2ª Planta, 08940 Cornellà de Llobregat (Barcelona), is responsible. The purpose of the processing is to provide the requested services and send commercial information. Your data will be kept for as long as the commercial relationship is maintained or for as long as is legally necessary. The data necessary for commercial mailings will be kept until you request its deletion. The legal basis for this processing is the contractual relationship. In the case of commercial mailings, it is consent. The data will be communicated to the shops where the customer has to collect the reserved material, for the sole purpose of enabling the customer to collect it. The customer may exercise their rights of access, rectification, deletion, limitation, portability and opposition, as well as withdraw their consent by sending an email to rgpd@megasport.es or to the postal address indicated above, attaching a photocopy of their ID card and indicating the right requested. They may also lodge a complaint with the Spanish Data Protection Agency. The data we process comes from the establishment where the equipment was booked. The categories of data processed are: identification data, gender, email address and physical data (height, weight and size), all of which are necessary to correctly manage the booking made.

 

Appendix 1 – Full value of the products and list of shops