Terms and Conditions (T&C)

Gisler Sport GmbH, Poststrasse 178, 7050Arosa, as of July 2025

Table of Contents

Jump directly to section:
Please select a section
1. Scope
2. Definitions of Terms
3. Conclusion of the Contract
4. Ski Boot Fitting
5. Workshop Services & Repair Terms and Conditions
6. Rental Service
7. Seasonal Rent
8. Trial Rental / Trial Materials
9. Bicycle and E-Bike Rentals
10. Terms of Payment
11. Data Protection
12. Final Provisions

---

I. Scope

These General Terms and Conditions (GTC) govern the contractual relationships between Gisler Sport GmbH (hereinafter “Gisler Sport”) and all persons who use Gisler Sport’s products or services.

These Terms and Conditions apply to all types of contracts, in particular to:

• the sale of products
• the rental of sports equipment and gear
• Repair and Maintenance Services
• Boat Fitting Services
• as well as trial and seasonal rentals

These terms apply both to transactions made in-store and to orders and purchases made through Gisler Sport’s online platforms or those of third-party providers.

Any deviating or supplementary terms and conditions provided by customers shall be considered binding only if they have been expressly accepted in writing by Gisler Sport.

II. Definitions of Terms

Rental Equipment: The term “rental equipment” refers to all items provided by Gisler Sport for temporary use. This includes, in particular, but is not limited to:

• Winter sports equipment (skis, snowboards, cross-country skis, snowshoes)
• Accessories such as ski poles, helmets
• Ski Boots and Snowboard Boots
• Bicycles and e-bikes (including children’s bikes)
• Protective gear (pads, helmets)
• as well as additional accessories such as locks or chargers

III. Conclusion of the Contract

A contract between Gisler Sport and a user is binding in the following cases:

• by confirming an online reservation through a platform or website. The reservation can only be made if the customer actively accepts the Terms and Conditions.
• by paying at the register.
• or through the actual delivery and/or use of the goods or services.

Important Information Regarding the Conclusion of the Contract:

• The mere display of products, services, or rental items on websites, in flyers, or in-store does not constitute a legally binding offer.
• The availability of certain models or brands cannot be guaranteed.
• Gisler Sport reserves the right to provide equivalent replacement products.

Legal Capacity and Representation:

• Contracts may only be entered into by persons with full legal capacity.
• By entering into this contract, the user confirms that he or she is at least 18 years old.
• If a person is acting on behalf of a third party, by entering into the contract, that person confirms that they are legally authorized to represent that third party.

Note on Returning Purchased Items:

• Unlike EU law, Swiss law does not provide for a general right of withdrawal for in-store or online purchases.
• Purchased items cannot be returned unless Gisler Sport expressly and voluntarily grants a return as a gesture of goodwill.
• Returns as a gesture of goodwill will only be accepted if:
  • the merchandise, unused
  • in perfect condition and
  • is in its original packaging.
• In these cases, there is no right to a refund of the purchase price.

IV. Ski Boot Fitting

1. Scope of Services: Gisler Sport offers custom adjustments to ski boots to fit each customer’s specific foot shape (known as “boot fitting”). This service applies to both ski boots purchased directly from Gisler Sport and models purchased elsewhere.

Depending on your needs, the following customization options can be included in the boat fitting:

• Heat-Molding of Inner Boots
• Shell Deformation for Volume Adjustment
• Milling or Dent Removal on Pressure Marks
• Insole Fitting
• Fit adjustments using insoles or other technical measures

There is usually a fee for this service, unless it was explicitly stated at the time of purchase that boot fitting was included in the price of the ski boots.

2. Liability and Risk: Boot fitting is a craft-based, partly irreversible service, the outcome of which is influenced by the individual shape of the foot and the user’s subjective sense of comfort. Therefore:

• We cannot guarantee a perfect fit or that you will be free of discomfort.
• Any technical modifications made to the ski boot shell are at the customer’s own risk.
• Gisler Sport is liable for damages only in cases of gross negligence.

3. Items Brought In: In the case of boot-fitting adjustments to ski boots or insoles that were not purchased at Gisler Sport, we assume no liability for:

• Changes in materials,
• Functional impairments or
• Damage

excluded.

V. Workshop Services & Repair Terms and Conditions

1. Placing Orders and Cost Estimates: Gisler Sport performs repair and maintenance work on winter sports equipment and bicycles. The work is carried out:

• by qualified professionals,
• in accordance with the current state of the art
• based on a verbal or written order

A cost estimate can be provided upon request. If the actual cost exceeds the estimate by more than 20%, we will consult with the customer before proceeding.

2. Disclaimer for Used Items: Gisler Sport assumes no liability for consequential damages resulting from heavily worn or previously damaged equipment, particularly in the following cases:

• Material Failure
• Subsequent fractures or
• Loss of function

unless there is gross negligence on the part of Gisler Sport.

3. Returns & Acceptance:

• Repaired items must be picked up within 10 days of completion.
• Complaints must be submitted in writing within 5 days of pickup.
• Once this period has expired, the service is deemed to have been approved.

4. Disposal of Irreparable Items:

• Items that are deemed irreparable after inspection and are not picked up within 30 days may be disposed of by Gisler Sport.
• There is no right to a refund or replacement.

5. Hidden Damage:

• If any defects that were not apparent during processing are discovered (e.g., cracks, material fatigue, worn-through surfaces), the customer will be notified.
• The cost of correcting such defects may be billed separately.
• Liability for overlooked damages is excluded, unless there is gross negligence.

6. Definition of gross negligence: Gross negligence occurs when a person violates a fundamental duty of care to such a significant degree that the error could have been avoided even with minimal attention. Ordinary mistakes or errors are not considered gross negligence.

VI. Rental Service

1. Right of Withdrawal: The Swiss Code of Obligations does not provide for a general right of withdrawal or cancellation after the conclusion of a contract. Therefore, cancellation or return of rental equipment is only possible in accordance with the following cancellation terms. There is no statutory right to withdraw from the contract without providing a reason. Even for online bookings, there is no statutory right of withdrawal or rescission. Cancellations are permitted exclusively in accordance with the conditions set forth in these General Terms and Conditions.
2. Reservations and Bookings: Rental items can be reserved directly in-store or through the Gisler Sport online platform. The following applies to online bookings:

• The contract is concluded upon written confirmation by Gisler Sport (e.g., via email, booking confirmation).
• Entering complete and accurate customer information is required for a valid reservation.
• Before completing an online booking, customers are provided with all essential information (in particular, rental period, prices, cancellation policies, and these Terms and Conditions).

3. Conclusion of Contract on Online Platforms: By clicking the “Reserve with Payment” button, the customer makes a binding declaration of their intention to rent. The contract is deemed concluded as soon as Gisler Sport has sent a reservation confirmation (voucher). By making a reservation, the customer accepts these Terms and Conditions.
4. Third-Party Platforms: If a reservation is made through external platforms (e.g., Alpinresort.com, Swissrent.com):

• The terms and conditions of these platforms also apply.
• The platform is responsible for cancellations, refunds, or rebookings
• Gisler Sport assumes no liability for contracts entered into there.

5. Valid Price Information and Fixed Pricing: The price shown at the time of booking is binding. Changes after that are only possible:

• in the event of an obvious pricing error, or
• in the event of changes to statutory taxes (e.g., value-added tax). Gisler Sport reserves the right to cancel or adjust bookings in the event of obvious pricing or system errors.

6. Cancellation Policy:

• Free cancellation: Possible up to 48 hours before the rental begins.
• Reduced penalty: If you cancel within 48 hours before the start of the rental period, 50% of the rental fee will be charged.
• No Refund: If you fail to show up without notice, the full rental amount is due.

7. Special Provisions in the Event of a Pandemic: In the event of a government-mandated quarantine, travel bans, or pandemic-related restrictions, a refund will be issued upon presentation of official documentation, less the cost of any services already provided.
8. Returns Due to Illness or Accident: If the rental equipment can no longer be used due to health-related circumstances (e.g., accident, illness), a partial refund is possible provided that:

• the material is returned immediately and
• a doctor’s note is provided. Without a doctor’s note, there is no entitlement to a refund.

9. Pickup and Return:

• The rental equipment must be picked up by 11:00 a.m. at the latest on the first day of the rental period.
• If the materials are not picked up on time, they may be allocated to another party—there is no right to a refund.
• The return must take place on the last day of the rental period, no later than the end of regular business hours; for online bookings, the terms and conditions of the respective booking platform apply regarding the return time and refund.
• If the return date counts as a booked rental day and the reservation was not made online, that day will not be charged if the equipment is returned between when the store opens and 10:00 a.m. Between 10:00 a.m. and closing time, it will be charged in full. If the equipment is returned after closing time, an additional rental day will be charged.

10. Delayed Delivery: Should external circumstances (e.g., late returns, defects, force majeure) cause delays in the delivery of equipment, Gisler Sport will make every effort to provide an equivalent replacement. There is no entitlement to compensation.
11. Obligations of the Renter: The customer agrees to:

• to use the material properly.
• Report any obvious defects before use.
• not to disclose the material to third parties or to modify it technically.
• Do not use it while under the influence of alcohol or drugs.
• Do not use it on surfaces not intended for that purpose (e.g., public streets, icy paths).
• Notify us immediately in the event of damage, loss, or theft (including filing a police report in the event of theft).
• Do not use the equipment for competitions or racing events—unless this has been expressly agreed upon in advance.

ID Requirement: A valid photo ID may be required upon pickup. Proof of age is required for bookings made for children.

12. Liability & Material Protection:

• The renter is solely responsible for ensuring adequate protection against theft or damage.
• For winter sports equipment rentals, Gisler Sport applies an internal goodwill policy that covers minor signs of wear and undetectable defects (e.g., fine scratches on the base or edge damage resulting from normal use).
• This provision is not insurance and does not establish a legal right to compensation or waiver of costs.

In particular, the following are not covered:

• willful damage
• Use on paved, snow-covered, or plowed roadways:
  • Asphalt, concrete, gravel, or crushed stone paths
  • Parking spaces, sidewalks, driveways
• Pulling on snow-free surfaces
• Skiing outside marked trails with unsuitable equipment (e.g., trail skis in deep snow or in a park)
• Improper storage (e.g., in wet cars or outdoors overnight).

13. Deductibles in the event of loss or total loss:

• Economy / Kids / 4★: CHF 100.–
• Premium / 5★: CHF 300.–
• Exclusive / 6★: CHF 500.–
• Avalanche backpack: 150.-

14. Liability for Willful Damage: In the event of intentional damage or damage caused by gross negligence, the customer is fully liable up to the current market value. The deductible does not apply.
15. Liability for Third Parties: The renter is also liable for damage caused by other users, particularly children. The renter bears full responsibility for supervising them.

VII. Seasonal Rent

1. Legal Basis and Applicability: The terms and conditions for seasonal rentals are based on a separate, written agreement that each customer must sign before the rental begins.

These General Terms and Conditions apply in addition to the individual agreement, particularly with regard to matters not explicitly covered in the seasonal rental agreement.

2. Rental Period and Return: The seasonal rental begins on the start date specified in the contract and ends no later than the last official day of the winter season.

• The last day of rental is the end of the season as defined by Bergbahnen Arosa, according to their official website.
• The equipment must be returned in its entirety and in perfect condition.
• If the return is made after the official end of the season, the deposit may be withheld in part or in full.

3. Security Deposit: A security deposit of CHF 50.– is charged for each seasonal rental. This amount will be credited in full upon timely return of the property in good condition.

• In the event of a late return or if damage to the equipment is discovered, Gisler Sport reserves the right to withhold all or part of the deposit.

4. Insurance and Liability: The seasonal rental does not include insurance against:

• Theft,
• Loss or
• Damage

Customers are fully responsible for:

• safe storage,
• the proper use of the equipment throughout the entire rental period.

5. Maintenance and Service: The seasonal rental does not include maintenance services. Services such as:

• Sand the edges and the surface, or
• Wax the base

must be ordered and paid for separately.

6. Written Form: The individual seasonal rental agreement must be signed in writing before the rental period can begin. No equipment will be issued without a signed agreement.

VIII. Test Rentals / Test Materials

1. Purpose of the test rental: The test rental is designed to allow customers to try out selected ski or snowboard models under real-world conditions. The goal is to provide customers with reliable guidance to help them make an informed decision when they are ready to purchase.
2. Legal Basis: The terms of the trial rental are set forth in a separate trial rental agreement that must be signed in writing. This agreement is entered into with the customer as part of the trial distribution.

In the event of any discrepancies between these Terms and Conditions and the individual agreement, the trial lease agreement shall take precedence.

3. Prices for Trial Rentals: The cost of a trial rental depends on the duration and the number of products tested:

• One-day rental of a single ski or snowboard: CHF 58.–
• One-day test of several models (e.g., 2–3 pairs of skis): CHF 100.–
• Multi-day test (up to 3 days): CHF 200.–

Prices include basic equipment but do not include insurance against damage or loss.

4. Credit toward a Purchase: If a customer decides to purchase a pair of skis or a snowboard within 7 days of the test:

• A portion of the test fee, as specified in the price list, will be credited.
• A full refund is not possible.
• There is no guarantee that the tested model will be available for purchase.

5. Insurance: Insurance against loss, theft, or damage is not included. The person conducting the test is fully liable for any damage caused by willful acts or gross negligence.
6. Purchasing Advice Initiative: It is in the customers’ best interest and their responsibility to actively seek information about available models, prices, and terms. Advice from our expert staff is available, but Gisler Sport is under no obligation to provide it.

IX. Bicycle and E-Bike Rentals

1. Legal Basis:

By making a reservation—whether online or in person—customers agree to these Terms and Conditions. No additional signature is required.

2. Terms of Use:

The customer agrees to:

• to handle the rental equipment with care,
• for use on designated paths,
• to comply with traffic rules,
• To comply with legal age and driver’s license requirements (e.g., e-bike: age 16 or older, or with a Category M license starting at age 14).

3. Inspection & Reporting of Defects:

Before setting out, check the rental equipment for visible defects (e.g., brakes, gears, battery charge). Report any defects you find immediately. Failure to report them may result in liability.

4. Insurance Coverage:

For bicycles and e-bikes, basic insurance amounting to 10% of the rental price is listed separately at the time of booking and is mandatory. This is part of the rental agreement and cannot be opt out of. Accessories are excluded from this coverage.

Basic insurance covers:

• Damage resulting from normal use,
• Damage caused by a fall,
• technical malfunctions that are not the user’s fault.

The following are not covered:

• willful or improper damage,
• Participation in races or competitions,
• Choosing the wrong type of terrain (e.g., downhill riding on a city bike).

Damages not covered by the policy will be billed at cost based on standard repair rates.

In case of theft or total loss:
In case of theft or total loss of the bicycle or e-bike, the renter is liable with a deductible of CHF 1500 .

5. Returns:

The vehicle must be returned on the last day of the rental, at least 1 hour before closing time. If the vehicle is returned late, an additional day’s rental may be charged.

X. Terms of Payment

1. Payment Methods: Gisler Sport accepts various payment methods to provide customers with a flexible and easy payment process. The following payment methods can be used in-store:

• Cash payment
• Twint
• Debit cards (e.g., Maestro, PostFinance)
• Credit cards (Visa, Mastercard).

For online bookings, only the payment methods displayed in the booking system are accepted. The charge will be processed immediately as part of the online booking or on-site upon delivery of the equipment or service.

2. Late Payment: If a person obligated to pay fails to fulfill their obligation by the due date, the following rules apply:

• Gisler Sport reserves the right to charge interest on late payments in accordance with Art. 104 of the Swiss Code of Obligations.
• Flat-rate late fees may be charged for late payments.
• In the event of persistent late payment, debt collection proceedings may be initiated, in which case the customer will be responsible for all associated costs.

3. Deposits and Advance Payments: Gisler Sport reserves the right to require a deposit or advance payment for certain product categories or services—particularly for custom-made items or long-term reservations. The amount of the deposit and its due date will be clearly communicated at the time of booking.

In the event of a cancellation by the customer, the refund terms set forth in the Terms and Conditions or in the individual contract shall apply.

XI. Data Protection

1. General Principles: Gisler Sport places great importance on protecting privacy and processing personal data in compliance with the law. All data collected is processed in accordance with the revised Swiss Data Protection Act (revDSG).
2. Purpose of Data Collection: Personal data is collected exclusively for the purpose of carrying out:

• Reservations
• Shop
• Lease Agreements
• Service orders and
• used for customer service.

Information will only be disclosed to third parties if:

• is necessary to fulfill the contract (e.g., when paying through a third-party provider), or
• is required by law.

3. Data Sources and Storage: Data may be collected:

• directly when booking in-store or online
• when signing up for newsletters
• for customer inquiries or service orders.

Data is stored on secure systems in Switzerland or within the EEA. The data is stored only for as long as is necessary for the respective purpose or as required by law.

4. Rights of Data Subjects: Customers have the right at any time to:

• Information About Stored Data
• Correction of Inaccurate Data
• Erasure or restriction of processing (to the extent permitted by law)
• Withdrawal of previously granted consents, effective for the future.

5. Privacy Policy for Third-Party Platforms: For bookings made through external platforms (e.g., Swissrent.com, Alpinresort.com), the privacy policies of the respective providers also apply. Gisler Sport has no control over how these third-party providers process data.
6. For more information: The current privacy policy is available online at:

www.gislersport.ch/impressum-datenschutz

XII. Final Provisions

1. Liability for Loss of Use: Gisler Sport assumes no liability for lost opportunities to use the facility or consequential costs arising from circumstances such as:

• Operational Disruptions to Cable Cars or Lifts
• adverse weather conditions (e.g., lack of snow, storms)
• government-mandated closures or restrictions (e.g., pandemic measures).

2. Force Majeure and Impossibility of Performance: Neither party shall be liable for failure to perform its contractual obligations if such failure is attributable to events beyond its control. These include, in particular:

• Natural phenomena (e.g., avalanches, severe weather)
• Pandemics and Epidemics
• official orders
• Strikes or lockouts
• sudden disruptions from suppliers or logistics partners.

In such cases, Gisler Sport is entitled to withdraw from the contract without liability for damages or to postpone the service.

3. Statute of Limitations on Claims: Claims against Gisler Sport are subject to a two-year statute of limitations beginning on:

• Return of the rental equipment or
• Termination of the respective service.

Defects must be reported in writing immediately upon return or within 24 hours. Complaints received after this time cannot be considered.

4. Language of the Agreement and Archiving: The legally binding version of these Terms and Conditions is written in German. They are archived in physical or electronic form. In the event of any questions regarding interpretation, the original German version shall prevail.
5. Governing Law and Jurisdiction: Swiss law shall apply exclusively, to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Arosa, provided that no mandatory consumer protection provisions preclude this.
6. Limitation of Liability: Gisler Sport is liable only for direct damages resulting from intentional or grossly negligent conduct. Any further liability—in particular for:

• indirect damages,
• Consequential damages or
• lost profits

is excluded to the extent permitted by law.

7. Availability and Delivery: Gisler Sport is not liable for delivery delays, service interruptions, or product unavailability due to circumstances beyond its control (e.g., strikes, transportation restrictions, government measures). However, we will always strive to provide an equivalent alternative.
8. Severability Clause: Should any provision of these Terms and Conditions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that is as economically equivalent as possible.
9. Rule of Trust and Customer Service: Gisler Sport expects customers to treat rental equipment with care and is available at any time to provide support in the event of questions, uncertainties, or problems during the term of the contract.
10. Written Form: Any side agreements, amendments, or additions to these General Terms and Conditions are effective only if they have been confirmed in writing. Any conflicting general terms and conditions of the customer shall not apply—even without an express objection by Gisler Sport.
11. Effective Date: These General Terms and Conditions will take effect in July 2025 and supersede all previous versions.