Reserved rental skis are not provided at the agreed start. What to document about due date, a reasonable grace period, withdrawal and repayment.
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for ski and alpine accidents
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You reserved rental skis, but the shop does not provide the equipment at the agreed start time. The key questions are what was confirmed, when performance was due, how you demanded it and which reasonable grace period was set.
Section 918(1) ABGB allows, in an onerous contract, a choice between performance and damages for delay or withdrawal after setting a reasonable period for performance. Section 1435 ABGB addresses recovery where the legal basis for retaining a performance has ceased to exist.
This article concerns missing or delayed provision of reserved rental skis. Equipment already handed over but damaged or incorrectly adjusted, blanket recovery of the entire holiday loss and criminal questions require separate assessment.
Answer three short questions about the agreement, non-delivery and documents. The result shows which next step should be documented first.
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Organise the reservation confirmation, equipment, location, time and payment already made.
Set out the confirmed reservation, the agreed handover time and the rental shop’s actual response. Clearly and verifiably demand the outstanding performance and set a period that is reasonable in the circumstances.
If the grace period expires without performance, withdrawal from the contract may be declared. Repayment of the amount already paid must then be assessed through the loss of the legal basis for retaining it.
Write down which rental skis were reserved, when you intended to collect them and what the shop actually offered or refused. Record whether you demanded performance and which response you received.
A documentation gap does not decide the case automatically. It does make due date, grace period, withdrawal and repayment harder to examine.
Start with what was actually reserved and confirmed. The relevant details include the type and number of skis, collection location, agreed start time and price. A general request for skis is different from a confirmed reservation naming particular equipment.
Section 918(1) ABGB concerns an onerous contract that is not performed at the proper time, place or in the agreed manner. If the reserved equipment is not ready at the agreed start, the chronology should therefore be recorded carefully.
A replacement offer does not automatically answer the question. Compare its size, model, agreed features and intended use with the reservation. This article does not assess the quality or safety of a binding that was actually handed over.
Ask the rental shop specifically to perform the outstanding service. Identify the reservation, the equipment still missing and the time by which you expect provision. The message should show that you still demand performance and are examining the consequences of continued non-performance.
Section 918(1) ABGB refers to setting a reasonable period for performance before withdrawal. The statutory provision does not supply a blanket number of days for this situation. Reasonableness therefore depends on the agreed collection time, the purpose of the rental and the circumstances of the disruption.
Keep the message and proof of receipt. A short reply from the shop, a call note or a message containing a replacement proposal may show whether and when performance was offered. The demand and any later withdrawal should remain separate declarations.
The sequence helps keep declarations and evidence distinct.
| Performance missing | Grace period running | Withdrawal and repayment |
|---|---|---|
| Reservation, price and handover time | Clear demand for performance and receipt | Clear withdrawal and proof of payment |
| What was supposed to be ready? | By when should it be provided? | Which payment is retained without legal basis? |
| Record the actual non-delivery | Secure the response, replacement and expiry | No automatic promise to cover the whole holiday loss |
The legal result depends on the contract, due date, period and actual response.
If the reasonable grace period expires without performance, withdrawal from the contract may be declared. Make the declaration unambiguous and refer to the specific reservation and the performance that was not provided. A message such as “I suppose I no longer need the skis” can create avoidable questions of interpretation.
Section 918(2) ABGB addresses divisible performance. Where only part of the equipment was provided, examine whether withdrawal concerns individual outstanding parts or all remaining partial performances. The provision does not state the monetary value of a particular rental package.
For repayment, section 1435 ABGB is the central unwinding provision in this article’s source framework: if withdrawal means that the legal basis for retaining the payment no longer exists, recovery of the corresponding amount must be examined. It does not automatically promise the full cost of replacement skis, accommodation or unused holiday days.
Keep the reservation confirmation, price, payment record and rental terms. Record the date, time, location, people present and the exact substance of the conversation. If a replacement was offered, include its scope and your response in the chronology.
If you rent other equipment because the reserved skis were not provided, keep the new invoice and related messages. These documents record the actual expenditure. They do not by themselves prove that the rental shop must reimburse every consequential cost.
Drawing the boundary to neighbouring cases prevents false expectations. Damage to rental skis after a fall concerns return, excess and the rental contract. An atypical danger on a slope concerns the slope operator’s safety duties. The linked articles address those questions separately.
Important: A failure to provide reserved equipment does not make withdrawal automatic without further examination. Secure due date, demand, reasonable grace period, response and payment before declaring withdrawal and seeking repayment.
Section 918(1) ABGB generally refers to setting a reasonable period for performance before withdrawal for delay. The due date and circumstances should therefore be documented and examined first.
The source framework of this article contains no fixed number of days. The period must be reasonable in light of the agreed collection time, purpose of the rental and concrete disruption. Set it clearly and verifiably.
Section 918(2) ABGB concerns divisible performance. Examine whether withdrawal relates to individual or all outstanding partial performances. The allocation depends on the agreement.
No. Withdrawal and recovery of the corresponding payment are separate from further damages. Replacement skis, accommodation or unused holiday days are not promised as a blanket result by sections 918 and 1435 ABGB.
Send a clear chronology with the reservation, payment record, agreed start, demand for performance and the shop’s response. Keep originals, proof of receipt and records of your own replacement costs.
When an atypical danger may affect slope safety duties.
Excess and rental contract issues after damage.
Contractual duties in courses and organised instruction.
Foundations for accident sequence, evidence and compensation.
The sooner we secure the evidence, the better we can enforce your claim. Call us directly or send an email, callback within one business day.
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