Rental Terms and Conditions

1. General Information

The rental service is operated by Rafał Mazur, an entrepreneur trading as Via Ferrata Rental (Via Ferrata Rental — Rafał Mazur), ul. Wieczysta 161, 51-608 Wrocław, Poland, Tax ID (NIP): 8993065120, e-mail: kontakt@viaferratarental.pl, tel. +48 604 153 059 (the „rental service”).

These Terms and Conditions set out the rules for reserving and renting via ferrata sets from the rental service. The rental service can be contacted via the form on the website, by telephone, by e-mail at kontakt@viaferratarental.pl, or by replying to the reservation confirmation e-mail.

The website does not process online payments. Payment is made by bank transfer to the account indicated in the e-mail concerning the reservation.

2. Equipment

The rental covers a complete via ferrata set comprising an energy-absorbing lanyard, a resting lanyard, a harness and a helmet. The equipment is intended for mountain activities that require knowledge, caution and use in accordance with its intended purpose.

The manufacturers' instructions for use are supplied with every set. They are provided in electronic form - a link and a QR code are included on a card enclosed with the parcel and are handed over with the equipment in the case of personal pickup; the same link is sent in the reservation e-mail. On the customer's request, the rental service will provide a printed copy of the instructions free of charge within 30 days.

The customer undertakes to read the manufacturers' instructions before using the equipment for the first time and to pass them on to any person to whom the equipment is made available. Starting to use the equipment constitutes confirmation that the customer and the users of the equipment have read and accept the manufacturers' instructions and these terms.

The customer is responsible for choosing a route appropriate to their skills, assessing the conditions, using the equipment correctly and checking the equipment before starting the activity. In case of doubt, the customer should stop using the equipment and contact the rental service.

After a fall, heavy loading of the lanyard, an impact to the helmet, visible damage or suspected damage, the customer should immediately stop using the equipment, secure it against further use and inform the rental service.

The equipment is intended exclusively for traversing via ferrata routes. Using the equipment for other purposes (e.g. rope climbing, belaying, work at height, towing) is prohibited, as are self-repairs, modifications, washing with chemical agents and permanent marking of the equipment.

Via ferrata is a mountain activity involving increased risk. The customer acknowledges that the rental service does not provide training, does not select routes and does not supervise the customer's activity. This provision does not exclude the rental service's liability for damage resulting from equipment defects or circumstances for which the rental service is liable under applicable law.

3. Equipment User and Third Parties

• The equipment may only be used by persons weighing between 40 and 120 kg (including clothing and backpack). This is the certification range of the lanyard's energy absorber under the EN 958 standard - outside this range the absorber may not work correctly.
• The user of the equipment should have the knowledge and skills needed to safely use a via ferrata set and travel on via ferrata routes, or use the equipment under the direct supervision of an experienced person. The rental service does not verify the user's skills.
• The user of the equipment should read the manufacturers' instructions supplied with the equipment and use the equipment only in the manner described in them. This applies in particular to fitting and adjusting the harness correctly, clipping the lanyard, and inspecting the equipment before each use.
• Only an adult may place a reservation and rent the equipment. Minors may use the equipment only under the supervision and on the responsibility of an adult guardian, subject to the weight limit.
• Using the equipment under the influence of alcohol or intoxicants, or in a state of health that prevents safe mountain activity, is prohibited.
• The customer may make the equipment available only to the persons for whom the reservation was made (e.g. participants of a joint trip), after familiarising them with these terms. Subletting, lending or passing the equipment on to other third parties is prohibited.
• The customer is liable for the equipment and for the consequences of its use by persons to whom the customer made it available, as for the customer's own actions.
• The rental service is not liable for damage caused to third parties by the customer or by users of the equipment. This does not apply to damage resulting from equipment defects or circumstances for which the rental service is liable under applicable law.

4. Reservation and Price

• A reservation is placed via the reservation form and requires providing contact details, the rental dates and the number of sets.
• The price is calculated according to the price list visible on the website at the time the reservation is placed.
• The minimum rental value is 100 zł per set, regardless of the rental length.
• InPost transport, including delivery and return shipping, costs 45 zł per reservation, regardless of the number of sets.
• For reservations made at least 7 days in advance, a payment of 30% of the rental price is charged, rounded down to a multiple of 5 zł (also referred to as the „advance payment” in communications and on the website). This payment constitutes an earnest-money deposit (zadatek) within the meaning of Article 394 of the Polish Civil Code and is settled according to the customer-friendlier rules described in section 10. The remaining payment is settled before shipping or at personal pickup, as instructed in the e-mail concerning the reservation.
• After the form is submitted, the reservation is preliminary. The reservation becomes binding and confirmed only once the payment has been registered by the rental service staff.

5. Deposit and Liability

The deposit is 250 zł for each rented set. The deposit secures the timely return of the equipment, missing items in the set, damage, soiling exceeding normal use, and the costs of pursuing the return of the equipment.

After the complete, undamaged equipment is returned on time, the deposit is refunded. In the event of missing items, damage or delay, the rental service may deduct justified costs from the deposit.

The deposit is refunded within 5 business days after verification of the returned equipment, by transfer to the bank account from which the payment was made.

The deposit does not limit the customer's liability for loss, theft, disappearance, destruction or damage of the equipment. If the actual cost of repair, cleaning, restoring an item or purchasing a replacement exceeds the amount of the deposit, the customer is obliged to cover the difference.

6. Personal Pickup

Personal pickup is available in Wrocław at ul. Wieczysta 161 after prior confirmation of the date. The equipment can be picked up the day before in the afternoon and returned the day after until noon at no additional charge, unless the parties agree otherwise.

7. InPost Delivery

• Delivery is made exclusively to the InPost parcel locker indicated by the customer.
• The customer provides the code or name of the parcel locker in the reservation form.
• The customer bears responsibility for an incorrect or outdated parcel locker provided by the customer.
• The rental service dispatches the equipment in advance so that, under the carrier's standard operation, it arrives before the start of the rental period, but is not responsible for delays attributable to the carrier.

8. Equipment Return

For personal pickup, the equipment must be returned at the agreed place and time. For InPost transport, the rental service arranges and pays for return shipping and provides the customer with a return code or label and instructions.

The customer dispatches the return parcel on the last day of the rental period or on the next business day using the provided return code or label. The day of return is the day the parcel is dispatched and confirmed by the carrier, not the day it is delivered to the rental service.

The equipment should be packed so that it is not damaged in transit. The customer should keep the proof of dispatch until the rental service confirms the return.

9. Delays, Missing Items and Damage

The customer should inform the rental service of any delay in return as soon as possible. A delay may result in an additional fee charged at the daily rate and in costs being deducted from the deposit if it blocks subsequent reservations.

The condition of the equipment is assessed at handover and at return. The rental service documents the condition of the equipment, in particular with photographs, at every handover and return.

Missing items or damage are settled according to the actual costs of repair, cleaning, restoring an item or purchasing a replacement of a comparable standard.

In the event of theft, disappearance or loss of the equipment, the customer should inform the rental service immediately and, in the case of theft, also report the matter to the competent authorities and provide the rental service with confirmation of the report, if available.

10. Cancellation, Earnest-Money Deposit and Withdrawal

Earnest-money deposit (zadatek) and cancellation

The 30% payment referred to in section 4 constitutes an earnest-money deposit (zadatek) within the meaning of Article 394 of the Polish Civil Code, settled according to the rules below, which are more favourable to the customer than the statutory default:

• Cancellation up to 7 days before the start of the rental period: the rental service refunds all payments, including the earnest-money deposit, within 5 business days.
• Cancellation later than 7 days before the start of the rental period: the rental service may retain the earnest-money deposit. If the reserved dates are fully rented to another customer, the deposit is refunded in full. Payments exceeding the amount of the deposit are always refunded, provided the equipment has not yet been dispatched or handed over.
• If the contract is not performed for reasons attributable to the rental service, the customer may demand payment of twice the amount of the earnest-money deposit (Article 394 § 1 of the Civil Code).
• If performance on the confirmed dates is prevented by circumstances for which neither party is responsible (force majeure, in particular weather conditions preventing a safe via ferrata ascent or closure of the area), the parties may agree on new dates; failing such agreement, all payments, including the deposit, are refunded in full.
• Failure to pay the remaining part of the payment by the deadline indicated in the e-mail, or failure to collect the equipment, is treated as a cancellation of the reservation on the day that deadline expires.
• After the parcel has been dispatched or the equipment handed over, the equipment return and settlement rules described in sections 5, 8 and 9 apply.

Statutory right of withdrawal from a distance contract

A customer who is a consumer (or a sole trader with consumer rights under Polish law) may withdraw from the distance contract within 14 days of its conclusion (i.e. of the confirmation of the reservation once the payment has been registered), without giving any reason. It is sufficient to send the withdrawal statement before the deadline expires, e.g. by e-mail to kontakt@viaferratarental.pl. The model withdrawal form at the end of these terms may be used, but this is not obligatory. All payments are refunded without undue delay, and no later than 14 days after receiving the statement, using the same means of payment as used by the customer.

If the rental period starts before the 14-day withdrawal period expires, the customer, by submitting the reservation form, expressly requests performance of the service before the withdrawal period expires. In that case:

• the customer may withdraw from the contract until the service has been fully performed; once the service has been fully performed (the rental period has ended), the right of withdrawal no longer applies (Article 38(1)(1) of the Polish Consumer Rights Act);
• on withdrawal after the rental period has started, the customer pays for the service provided up to the moment of withdrawal, in proportion to the rental period used (Article 35 of the Consumer Rights Act).

A cancellation or withdrawal is submitted by e-mail to kontakt@viaferratarental.pl, via the contact form, by telephone or by replying to the e-mail concerning the reservation. The provisions of this section do not exclude or limit any rights to which a consumer is entitled in a given case under mandatory provisions of law.

11. Complaints and Personal Data

Complaints may be submitted by e-mail to kontakt@viaferratarental.pl, via the contact form, by telephone or by replying to the e-mail concerning the reservation. A complaint should include the reservation number, a description of the matter and contact details.

The rules for processing personal data are described in the privacy policy (available in Polish).

12. Customer Reviews

The rating and reviews shown on the website come from the rental service's public Google profile. The displayed rating covers all reviews posted on the Google listing, without omitting negative ones. The rental service does not itself verify whether the person posting a review actually used the service — verification is performed only to the extent applied by Google. We do not commission reviews, pay for them or remove negative reviews.

13. Out-of-Court Dispute Resolution

A consumer may use out-of-court complaint and redress procedures, including:

• mediation or the permanent arbitration court at the Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) in Wrocław,
• free assistance of a municipal or district consumer ombudsman,
• assistance of entities authorised to resolve consumer disputes out of court, entered in the register kept by the President of UOKiK (available at uokik.gov.pl).

Using these procedures is voluntary and requires the consent of both parties.

Annex: Model Withdrawal Form

Complete and return this form only if you wish to withdraw from the contract.

Addressee: Via Ferrata Rental — Rafał Mazur, ul. Wieczysta 161, 51-608 Wrocław, Poland, e-mail: kontakt@viaferratarental.pl

I/We(*) hereby give notice that I/we(*) withdraw from the contract for the following service: rental of a via ferrata set (sets), reservation number: ………

Date of conclusion of the contract: ………

Name of the consumer(s): ………

Address of the consumer(s): ………

Signature of the consumer(s): ……… (only if this form is sent on paper)

Date: ………

(*) Delete as appropriate.