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⚖️ GENERAL TERMS AND CONDITIONS
ART. 1 – PURPOSE AND OWNERSHIP
The purpose of this contract is the short-term rental of childcare equipment (hereinafter referred to as the “Item”). The ownership of the Item remains exclusively with Jurner Engadin. The Client acquires only the right to personal use, with an express prohibition on sub-leasing, lending to third parties, or assigning the contract.
ART. 2 – CONDITION OF THE ITEM AND OBLIGATION TO INSPECT
- The Item is delivered in perfect condition of maintenance, cleanliness, and safety.l
- Unconditional Acceptance: By signing this contract (or accepting the terms digitally), the Client declares that they have inspected the Item using the delivery checklist and recognize it as suitable for the agreed use, free of defects, and compliant with current safety regulations.
- Instructions: The Client expressly declares that they have been instructed by the Supplier on the correct operation of brakes, folding systems, harnesses, and accessories, or that they have viewed and understood the digital instructions provided via QR Code/Link at the time of booking, and that they assume full responsibility for their correct operation.
ART. 3 – LIABILITY AND INDEMNITY
- Risk of Use: The Client assumes custody of the Item and all risks arising from its use from the moment of delivery until return.
- Exemption of Liability: Jurner Engadin is exempt from any liability for direct, indirect, financial, or non-financial damages suffered by the Client, the transported minors, or third parties arising from the use of the Item, including in the event of accidental mechanical failure during the rental.
- Supervision: The responsibility for supervising the transported minors rests exclusively with the Client.
ART. 4 – CARE, MAINTENANCE, AND PROHIBITION OF REPAIR
- The Client agrees to look after the Item with the utmost diligence (Art. 306 of the Swiss Code of Obligations – CO), protecting it from extreme weather conditions and theft, and always using the anti-theft systems/locks provided by the Supplier whenever the Item is left unattended.
- Prohibition of Intervention : It is strictly forbidden for the Client to carry out, or have carried out by third parties, any repairs, modifications, or technical adjustments to the Item. Any anomaly must be notified immediately to the Supplier. The Client will be liable for any damage resulting from unauthorized interventions.
ART. 5 – FINANCIAL PROTECTION AND DEPOSIT
- Replacement Value : In the event of non-return, theft, or irreparable damage, the Client is obliged to immediately compensate the value of the Item as new, equal to the amount indicated in the “Rental Object” section at the top of this contract.
- Safe & Care Protection : The purchase of the optional protection limits the Client’s liability solely to cases of minor accidental damage or theft by breaking a lock (subject to proof of use of the lock). The protection is void in case of gross negligence or willful intent.
- Deposit and Right of Retention: The Supplier will hold a security deposit to guarantee the fulfillment of the contract. In case of damages, the Supplier exercises the right of retention on the deposit until the damage is quantified via an official quote from an authorized service center.
ART. 6 – LOGISTICS, CLEANLINESS, AND IDENTIFICATION DOCUMENT
- Identification : The delivery of the Item is subject to the presentation of a valid Government-issued ID (Passport or National Identity Card) in force. The Supplier will view the original and transcribe the details on this contract solely for contractual and public safety purposes.
- Condition of Cleanliness : The Item must be returned in the same condition of cleanliness in which it was received. In the event that the Item is returned with excessive dirt requiring extraordinary washing and sanitization, a flat-rate cleaning penalty of CHF 50 will be deducted from the deposit.
- Delays : Returning the item after the agreed deadline (tolerance of 30 minutes) will result in logistic penalties of CHF 50, without prejudice to compensation for greater damage.
- Immediate Termination : The Supplier reserves the right to terminate the contract and proceed with the collection of the Item if they detect improper, dangerous use or use contrary to the contractual terms.
ART. 7 – CANCELLATION, REFUNDS, AND REMOTE DELIVERY
- Cancellation Policy: Cancellations requested more than 7 days prior to delivery are eligible for a full refund (minus a CHF 10 admin fee). Cancellations between 7 days and 48 hours will result in a 50% charge of the rental fee or a 100% Credit Voucher. Cancellations within 48 hours or “No-Shows” are non-refundable.
- Weather & Force Majeure: If official authorities close access roads to the Engadine (Maloja/Julier/Bernina passes), a full Credit Voucher will be issued regardless of notice.
ART. 8 – UNATTENDED DELIVERY & ID VERIFICATION
If the Client is not present at delivery (e.g. Hotel Reception), the Provider’s photo record at drop-off serves as official proof of condition. Issues must be reported via WhatsApp within 2 hours. For remote delivery, a digital copy of the Client’s ID must be sent via WhatsApp/Email beforehand.
ART. 9– DATA & ID PROTECTION AND GEOLOCATION
- Pursuant to the Federal Act on Data Protection (FADP), the Client is informed and accepts that the Item is equipped with electronic tracking devices (Tags) used exclusively for the protection of corporate assets, the prevention of theft, and the recovery of items.
- For security and contractual validity, the Client provides a copy of their ID. Jurner Engadin commits to deleting/destroying this digital copy within 30 days after the equipment is returned, provided no damages or outstanding payments remain.
ART. 10 – JURISDICTION AND APPLICABLE LAW
This contract is governed by Swiss Law. Exclusive place of jurisdiction: Samedan (Grisons). In case of discrepancies between the translated versions of this contract, the Italian version shall prevail.
