Version mietbedingungen-v5-2026-09 · as at 19.09.2026 · consumer version
1. Who enters into this contract
These conditions apply between Mountain Spirit SNC di Plattner Günther & C., Zwölfmalgreiner Straße 8B, 39100 Bolzano (BZ), VAT ID IT02414740213, hereinafter Mountain Spirit, and the person renting the equipment, hereinafter the renter.
This version applies to consumers. Rental to businesses, such as mountain guides, climbing schools, associations and hotels, does not fall under these conditions and is agreed separately at the shop.
2. What is rented out
The subject of the contract is the rental of movable goods under Art. 1571 of the Italian Civil Code.
What is rented out is one specific individual item; its inventory number is stated in the rental contract. Mountain Spirit may replace an item with an equivalent one before handover; the replacement is recorded.
3. Two steps: booking and handover
Booking online is a reservation and not yet the rental contract. The rental contract comes into existence at handover in store, once the items have been determined, any necessary adjustment has been carried out and the contract has been signed. Handover and return take place solely at the Mountain Spirit shop in Bolzano; rental equipment is not shipped.
On an online booking the full rental price is paid straight away; it is an acconto and not a caparra confirmatoria under Art. 1385 of the Civil Code. Where the rental is agreed in store, the price is due at handover.
4. What Mountain Spirit owes
Mountain Spirit hands over the equipment in a good state of repair and fit for the agreed use, keeps it in that state for the duration of the rental and guarantees undisturbed use under Art. 1575 nos. 1, 2 and 3 of the Civil Code. Art. 1578, 1579 and 1580 of the Civil Code apply to defects of the rented item.
By way of derogation from Art. 1576(2) of the Civil Code, Mountain Spirit bears the costs of upkeep and ordinary maintenance, including waxing, edges, base, retensioning and cleaning. The renter owes nothing on that account.
5. What the renter owes
The renter uses the equipment for the purpose determined in the contract and with the diligence of a prudent person, and pays the rental price on the agreed dates under Art. 1587 of the Civil Code. The renter is liable for loss of and deterioration of the item occurring during the rental, unless proving that they occurred for a reason not attributable to the renter, under Art. 1588(1) of the Civil Code.
The renter does not pass the equipment on to third parties and does not sub-let it. If the renter nevertheless allows others to use the item, even temporarily, the renter is liable for loss and deterioration caused by them under Art. 1588(2) of the Civil Code.
Mountain Spirit may terminate the contract and demand the immediate return of the equipment in the event of use contrary to the contract, of passing the equipment to third parties, or of default in payment. Except where there is danger to persons, Mountain Spirit first calls on the renter to remedy the situation within a reasonable period.
6. Handover and handover record
At handover the condition of each item is recorded in writing. This record is the descrizione under Art. 1590(1) of the Civil Code and is the benchmark for the return. In the absence of such a description, the renter is presumed to have received the item in a good state of repair under Art. 1590(2) of the Civil Code.
Objections to the condition of the equipment are to be raised at handover and are noted in the record; otherwise the recorded condition applies. Defects that are not recognisable on a customary inspection are unaffected by this.
7. Return and return record
The renter returns the equipment at the Mountain Spirit shop in Bolzano, at the agreed time, in the condition in which it was received, save for wear resulting from use in accordance with the contract under Art. 1590(1) of the Civil Code.
At the return the condition is recorded again. The renter may be present and raise observations, which are noted. Returning the equipment does not in itself amount to an acknowledgement that there is no damage.
The equipment is to be returned at the time chosen when booking. One hour beyond that is free of charge; after that the started day counts as a further rental day.
8. Late return
A renter in default with the return owes the agreed rental price until the return, together with compensation for the further loss under Art. 1591 of the Civil Code, in particular a rental already booked by others that cannot be served because of the delay; the loss is documented. No surcharge is applied beyond that.
9. Wear and ageing
Wear resulting from use in accordance with the contract is never compensable under Art. 1590(1) of the Civil Code. The renter is not liable for destruction or deterioration due to ageing under Art. 1590(3) of the Civil Code.
Wear is, for example, an evenly blunt edge or a climbing skin losing adhesion; damage is, for example, a cut in a climbing skin, a broken-out edge or a broken component.
10. Damage: how it is calculated
The calculation follows this order: repair according to an estimate or invoice; failing that, the price stated in the list of individual parts displayed in store; failing both, the residual value of the item.
The amount owed never exceeds the residual value of the damaged item, not even where the repair would cost more. The residual value is determined in the individual case. No flat rate is applied.
The renter receives the amount claimed and the reasons for it in writing, at the latest 14 days after the return. Mountain Spirit does not determine the damage unilaterally and bindingly; the renter may contest the amount, and recourse to the courts remains open.
11. Loss and theft
The renter keeps the equipment in such a way that it does not go missing, and does not leave it unattended in places accessible to everyone.
In the event of theft the renter notifies Mountain Spirit within 24 hours, reports the theft to the police and provides Mountain Spirit with the reference number of the report within 3 days. If those periods expire without notification and without a reference number, the case is treated as loss.
In the event of loss, point 10 applies.
12. Security deposit
No security deposit is currently required. Should Mountain Spirit introduce a security deposit, its amount is stated before booking and in the rental contract; it is a deposito cauzionale and not a caparra under Art. 1385 of the Civil Code, it is released immediately after a return without objections, and a retention is permissible only if quantified and evidenced.
Mountain Spirit may refuse to hand over the equipment for as long as the rental price and the security deposit have not been provided.
13. Safety of the equipment
Personal protective equipment is inspected in accordance with the manufacturer's requirements and the inspection is recorded; an item without a passed and valid inspection is not handed out. Handover is carried out by a named, logged-in member of staff.
For via ferrata sets the weight range stated by the manufacturer applies; outside that range the set is not handed out.
14. Ski bindings and adjustment record
The statements as to weight, height, sole length, age and skier type are collected in store, only for equipment with an adjustable binding. The adjustment is carried out by Mountain Spirit in store in accordance with the ISO 11088 standard; it is recorded, and the record is an annex to the rental contract.
The renter confirms these statements separately. Incorrect statements affect the release behaviour of the binding.
The renter does not alter the adjustment themselves. Any subsequent change is carried out by Mountain Spirit and recorded.
15. Avalanche transceiver, shovel and probe
Avalanche transceiver, shovel and probe are rented out together only, under Art. 26(2) D.lgs. 40/2021. At handover their function and battery state are checked and recorded.
16. Instructions, manufacturer data, reporting of falls
The instructions for use are handed out in German, Italian and English before use. For every item Mountain Spirit keeps the manufacturer data and the serial number and states them on request under Art. 114 ff. of the Italian Consumer Code.
The renter reports a fall or an unusual load even where nothing can be seen on the equipment. The report is free of charge and does not in itself give rise to any claim.
17. Notes for mountain and winter sports
On ski slopes persons under eighteen must wear a protective helmet under Art. 17 D.lgs. 40/2021.
Anyone using ski slopes must hold third-party liability insurance under Art. 30 D.lgs. 40/2021. Mountain Spirit does not arrange insurance.
For tours in the mountains Mountain Spirit recommends being accompanied by a certified mountain guide. Mountain Spirit arranges contact with mountain guides at mountainspirit.it/pages/bergfuehrer.
These notes are not advice. Judging the conditions, the route and one's own ability remains with the renter.
18. Booking, cancellation, withdrawal
A booking may be cancelled free of charge up to 24 hours before the agreed collection time, with the full amount refunded. After that half the rental price is retained, and where the renter does not collect without cancelling, the full rental price.
If Mountain Spirit cancels a booking, the entire amount paid is refunded; nothing further is owed.
Up to 24 hours before the agreed collection time the booking may be moved once free of charge, provided the equipment is free in the new period. There is no separate weather rule.
For the online booking there is no right of withdrawal under Art. 59(1)(n) of the Italian Consumer Code, because the rental is booked for a specific period; the cancellation scale of this point applies.
19. Identity document and data protection
Before handing over the equipment, Mountain Spirit establishes the identity of the renter on the basis of a valid identity document. For this purpose the renter uploads a photograph of the front of their identity document, at the self check-in in store or online before signing this contract. Without this photograph, the equipment is not handed over.
The document must be that of the adult who signs the contract; documents of minors are not uploaded. Before taking the photograph, the renter may mask the document number and the chip access number (CAN); first name, surname, date of birth, the holder's photograph and the expiry date must remain legible.
The photograph serves solely to establish who the contracting party is and to prove it in the event of damage to, loss of or failure to return the equipment. It is not processed by facial recognition or automated reading and is not used for any other purpose. It is kept in non-public storage in the European Union; only authorised staff of Mountain Spirit can view it, and every viewing is logged. In the event of damage, loss or failure to return, it may be disclosed, to the extent necessary, to the police or judicial authorities and to the lawyer instructed by Mountain Spirit.
The photograph is deleted 30 days after the return of the equipment or, if no rental takes place, 30 days after the upload. If equipment is damaged, lost or not returned, it is kept until the matter is settled and, in the case of court proceedings, until their conclusion. The renter may request the deletion of the photograph at any time under Art. 17 of Regulation (EU) 2016/679; if no case of damage, loss or failure to return is open, it is deleted immediately. The number of the document is not recorded separately.
The information under Art. 13 of Regulation (EU) 2016/679, including the legal basis and the right to object, is provided when the photograph is uploaded and in the section "Rental of equipment" of the data protection notice. The statements under point 14 serve solely for the adjustment of the binding and are not evaluated for any other purpose.
Of the signature, only the geometric stroke path is stored; pressure, speed and other characteristics of the writing movement are not recorded.
20. Applicable law, jurisdiction, language, version
Italian law applies. No place of jurisdiction departing from the law is agreed with consumers.
The Italian version prevails. In addition, Art. 35 of the Italian Consumer Code applies: in case of doubt the interpretation most favourable to the consumer prevails.
The identifier of the version displayed and accepted is stated in the rental contract. Later versions do not affect contracts already concluded.
21. Separate approval under Art. 1341(2) of the Italian Civil Code
The renter confirms separately, that is by way of a second, distinct approval, that they have read and agree to the following clauses:
Point 5 paragraph 2 (prohibition on passing the equipment to third parties and liability for persons allowed to use it), point 5 paragraph 3 (Mountain Spirit's right to terminate the contract and to demand the immediate return of the equipment), point 6 paragraph 2 (obligation to raise objections at handover), point 8 (obligation to pay the rental price until the equipment is actually returned), point 11 paragraph 2 (obligation to notify and to report a theft, periods and the consequences of missing them) and point 12 paragraph 2 (right to refuse handover until the rental price has been paid and the security deposit provided).
The approval is obtained by means of a second field that is not pre-selected, separate from the acceptance of points 1 to 20, and is stored separately with the time and the version identifier.
This separate approval does not change the fact that unfair terms remain void with respect to consumers under Art. 36 of the Italian Consumer Code.