1. CONCLUSION OF THE CONTRACT
Contracts of CAMP 4 (hereinafter referred to as "lessor") are only agreed under the following general terms and conditions (hereinafter "GTC"), unless otherwise agreed in detail.
The rental contract is concluded exclusively between the booking customer (hereinafter "Lessee") and CAMP 4.
The rental is subject to the following conditions.
2. DURATION OF THE CONTRACT
The rental period begins with the collection by our shipping company or at the agreed time when the lessor has made the rental object available. The rental period shall end on the day on which the rental object is handed over to the Lessor with all parts required for its commissioning in proper and contractual condition, but no earlier than the expiry of the agreed rental period. An extension of the rental period beyond this requires a corresponding agreement, at least one week before the expiry of the original rental period. Such an agreement shall be deemed to be concluded with retention of the conditions contained in the original Rental Contract if the Lessee does not return the rented item at the time of the agreed return and the Lessor does not raise any objection.
If the use of the leased property is completely or partially impossible due to a technical defect not caused by the Lessee during the agreed lease term, the Lessee shall receive an aliquot refund of the lease price or a free extension of the lease duration to the extent of the lost lease days.
However, the lessor may refuse to extend the rental period if he has already leased the rental object afterwards.
3. BOOKING & PAYMENT
The rental price must be paid in full online and can be settled using the available forms of payment. The prices are the "online booking prices" for the hypoxic system shown on the website.
In the event that the rental items are not returned on time (if return shipment = end of rental period + normal transport time), a rental fee of € 50 is due for each calendar day or part thereof that the rental period is exceeded.
With the completion of the booking, the customer confirms the accuracy of his personal data, which is used to create the training program. The booking becomes valid for the renter with the payment and the receipt of the booking confirmation; for CAMP 4 with the dispatch of the
booking confirmation.
4. CANCELLATION POLICY
Depending on the rental price and time of cancellation the following cancellation fees apply:
Basically, the following cancellation fees apply:
until 15 days prior to rental start ....................... no fee
14 to 6 days prior to rental start ....................... € 50,00
5 days and less prior to rental start ................. 100% of the rental price.
The paid amount minus cancellation fee will be refunded to the customer. No refund will be granted if for any reason the system is not used at all despite delivery. The same applies if the Lessee returns the system to the Lessor prematurely.
5. HANDOVER, USE AND RETURN
The Lessor shall deliver the leased objects in a cleaned and operational condition.
The Lessee is obliged to check the system for proper functioning after delivery. If the Lessee discovers any defects, he shall notify the Lessor thereof without delay.
The Lessee shall handle the rented equipment with care and keep it ready for operation and use it only for its intended purpose with the necessary duty of care.
The system has to be returned in proper condition, if not, the Lessee has to bear the costs of the daily rent valid at the time of the conclusion of the contract for the time until the repair of the system is completed.
6. REPAIRS
In the event of defects or damage of the rented items, CAMP 4 must be informed immediately. The Lessee is not entitled to repair malfunctions or damage him-/herself or have them repaired by third parties. The lessor shall be granted access to the rented equipment at any time during normal business hours upon request.
7. LIABILITY
The Lessee shall be liable for any damage to or loss of the rented items during the rental period, regardless of whether the damage or loss is caused by his fault or by the fault of third parties. He shall be liable for up to a maximum of the replacement value as well as any downtime costs incurred for the period of repair or replacement.
8. WITHDRAWAL FROM THE CONTRACT BY THE LESSOR
The Lessor is entitled to withdraw from the rental contract until the handover of the rental objects, if these are not available at the beginning of the contract period due to technical defects, necessary repairs, non-contractual restitution by the previous Lessee or other reasons for which the Lessor is not responsible. In this case, the Lessee shall be entitled to a refund of all advance payments made, but waives any further claims against the Lessor for any legal reason whatsoever.
9. WAIVER
a) Any person who is not impaired in health or condition and is able to us the system without danger to himself or others is entitled to use the altitude training system. If there are any possible impairments of any kind, it is the responsibility of the Lessee to have clarified by a doctor before signing the contract, if the usage is possible without any dangers.
The use of the altitude training system is exclusively at the user's own risk.
b) The Lessee hereby confirms that s/he will read the associated and supplied instructions before using the altitude training system and that s/he will follow them during usage.
The Lessor shall not be liable for any consequential damage caused by the use of the rental object by the Lessee or third parties, unless liability is mandatory in cases of intent or gross negligence. The Lessee undertakes to indemnify and hold the Lessor harmless in the event that he is held liable by third parties as a result of damage in connection with the rented item.
10. APPLICABLE LAW
For a contract with Camp 4 this Agreement and these Terms are subject to the laws of Austria. Thus, both Parties hereby agree to submit to the personal and exclusive jurisdiction of the courts located in Innsbruck, Austria for the resolution of any dispute under these Terms or concerning any rental object, product, or service offered by Camp 4.