RENTAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

  1. In these Terms & Conditions the, “Rentor” means The Altitude Centre Limited, company number 04893731 and whose registered office is at Dombey Court The Pilgrim Centre, Brickhill Drive, Bedford, Bedfordshire, England, MK41 7PZ; “Rentee” means the user named on the Customer Profile who intends to utilise Services of the Altitude Centre; “Services” is the use of specific services offered to the Rentee by the Altitude Centre, which starts when the Altitude Centre accepts the proposed Rental Application; “Equipment Set Up Instructions” means a set of instructions issued to the Rentee before they receive the order informing them how to assemble the equipment; “Training Guide” means a general training guide to follow for safe operation of the equipment; “Contract” means the contract between the Altitude Centre and the Rentee subject to these Terms & Conditions and the Equipment Set Up Instructions and Training Guide; “Rental Application” means the application completed by the Rentee at the registration process.

USER APPLICATION 

  1. Users of our services are subject to these Terms & Conditions as amended from time to time. Submission of a Rental Application is an offer to the Altitude Centre to become a Rentee and is subject to these Terms & Conditions. The Altitude Centre reserves the right to reject any application for the use of our Rental services.
  2. Our Rental services are available to individuals of 18 years of age and over, subject to status.
  3. Upon being accepted by the Altitude Centre, the Rentee consents to the Altitude Centre to collect information as set out in our Privacy PolicyAny testimonials and photographs  submitted to the Altitude Centre by the Rentee may be used for press and/or promotional purposes.

RENTAL PERIOD 

  1. Unless otherwise agreed, the Rental Period commences from the day the equipment leaves the Altitude Centre’s facility to the date the equipment is collected from the Rentee.
  2. If the Rented Property is not returned to the Rentor by the end of the Rental Period then a pro rata daily charge will be made (based on 30 days for a monthly Rental Agreement type) related to the original terms and conditions. 

DELIVERY METHOD 

  1. The Altitude Centre will arrange delivery to the specified address based on the following service booked by the Rentee:
    1. Collection from Wandsworth
      1. The property will be made available to the Rentee to collect from the Altitude Centre premises on the agreed date.
      2. The Rentee is responsible for the safe transit of the equipment and must provide suitable protection during transit.
  • The Rentee will return the Rented Property at the completion or termination of the Rental Agreement to the designated location at the Altitude Centre premises.
  1. If the completion date falls on a weekend or public holiday then the Rented Property must be returned by 5.00pm on the last working day prior to the completion date. (Office hours are 9.00am to 6.00pm Monday to Friday)
  1. Delivery by courier zones 1-4
    1. The property will be delivered to the Rentee on the agreed date and time within a two hour window.
    2. The Rentee is responsible for inspecting the delivery and must notify the Altitude Centre of any damage within 24 hours of delivery.
  • The Rentee is responsible for packing the delivery safely before collection.
  1. The Rentee will make available the return of the Rented Property at the completion or termination of the Rental Agreement to the Altitude Centre at a mutually agreed time within a two hour window period (allowing transit time back to The Altitude Centre by 5.00pm).
  2. If the completion date falls on a weekend or public holiday then the Rented Property must be returned by 5.00pm on the last working day prior to the completion date. (Office hours are 9.00am to 6.00pm Monday to Friday).
  1. Delivery by DHL UK
    1. The property will be delivered to the Rentee on the agreed date.
    2. The Rentee is responsible for inspecting the delivery and must notify the Altitude Centre of any damage within 24 hours of delivery.
  • The Rentee is responsible for packing the delivery safely before collection.
  1. The Rentee will make available the return of the Rented Property at the completion or termination of the Rental Agreement to the Altitude Centre.
  2. If the completion date falls on a weekend or public holiday then the Rented Property must be returned on the last working day prior to the completion date.
  1. Delivery by DHL Europe
    1. The property will be sent from the UK to the Rentee on the agreed date. Delivery times may vary to European destinations.
    2. The Rentee is responsible for inspecting the delivery and must notify the Altitude Centre of any damage within 24 hours of delivery.
  • The Rentee is responsible for packing the delivery safely before collection.
  1. The Rentee will make available the return of the Rented Property at the completion or termination of the Rental Agreement to the Altitude Centre.
  2. If the completion date falls on a weekend or public holiday then the Rented Property must be returned on the last working day prior to the completion date.
  1. Delivery by DHL Worldwide
    1. The property will be sent from the UK to the Rentee on the agreed date. Delivery times may vary to Worldwide destinations.
    2. The Rentee is responsible for inspecting the delivery and must notify the Altitude Centre of any damage within 24 hours of delivery.
  • The Rentee is responsible for packing the delivery safely before collection.
  1. The Rentee will make available the return of the Rented Property at the completion or termination of the Rental Agreement to the Altitude Centre.
  2. If the completion date falls on a weekend or public holiday then the Rented Property must be returned on the last working day prior to the completion date.
  3. The Altitude Centre can not be held responsible for delays in delivery by Third party delivery companies.
  4. The Altitude Centre reserves the right to use an alternative delivery method comparable to those listed above at its sole discretion.

PAYMENT TERMS

  1. Payment must be received to confirm a rental booking. The Rentee agrees to pay all invoices within or in accordance with the payment terms. The Altitude Centre offers three payment options:
    1. Deposit –10% deposit to secure the rental booking is non-refundable.
    2. Full Balance – Full balance of rental to be paid before delivery.
    3. Pay Monthly – For longer rental durations a Direct Debit Mandate can be set up for the term of the rental contract. Ahead of each rental month invoices will be issued and paid via the Direct Debit Mandate.
  1. The Altitude Centre will process payments via Credit Card online or via a Direct Debit mandate. Should the Rentee fail to pay any invoice within or in accordance with the specified time then the Altitude Centre reserves the rights to:-
    1. cancel the Rental Agreement without notice and recover the Rented Property at cost to the Rentee.
    2. We will exercise our statutory right to claim interest (at 8% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation, because we were not paid according to our agreed credit terms.
    3. charge the Rentee retail replacement costs of a current model new item of the same brand or similar quality brand available of any Rented Property not returned to the Rentor. Furthermore the Rentee agrees to pay these charges and accepts these terms and to allow entry by the Altitude Centre or his agents to the premises where the Rented Property is present should the Rentor wish to recover it.

 DUTY AND TAXES

  1. Unless otherwise specified the rental charges shall include all UK taxes. Should additional taxes or import Duty be levied for goods sent outside the UK, then the Altitude Centre reserves the right to adjust the rental charges to include such changes or for these charges to billed directly to the Rentee.

CONSUMABLES

  1. The rental charges includes the necessary consumable products required to deliver the chosedn modality of the rental (eg Hygenic Oxygen Masks). The Rentee agrees to use only consumable products which are approved by The Altitude Centre. Any consumables supplied with the Rented Property will be paid for by the Rentee.

CONDITION OF RENTED PROPERTY

  1. The Rentee acknowledges that:
    1. it has examined the Rented Property before accepting it and satisfied itself that it is in good condition, is suitable for the Rentee’s purpose, functions to a high standard, produces accurate readings and complies with prescribed safety standards;
    2. the Altitude Centre has given no representation or warranty regarding the quality, fitness, safety, suitability, standard or accuracy of the Rented Property, and no person is authorised by the Altitude Centre to do so;

CARE OF PRODUCTS 

  1. The condition of the Rented Property is recorded on the Rental Agreement. The Rentee will take good care of the Rented Property. Any damage (other than fair wear and tear) will be repaired by the Altitude Centre or its appointee and will be charged to the Rentee. If any of the Rented Property is lost or stolen during the Rental Period, or extensions thereof, the Altitude Centre reserves the right to charge the Rentee the retail price of the lost or stolen item/s. In the event of loss or damage of the Rented Property the rental charges will continue until the Retail Price of the Rented Property is paid for in full by the Rentee which amount is in addition to the rental charges paid

EQUIPMENT MALFUNCTIONS

  1. Should the Rented Property malfunction for reasons other than misuse or accidental damage, then the Altitude Centre will repair the product at no charge to the Rentee (other than for freight if the product is outside the London zones 1-4). If the Rented Property is outside the London zones 1-4 and the Rentee chooses not to return the Rented Property to the Altitude Centre for repair then repair costs are at the expense of the Rentee. In the case of malfunctions or damage caused by accident or misuse the Rented property will be repaired by the Altitude Centre or its appointee and charged to the Rentee. In the event of malfunction the Altitude Centre reserves the right to replace the Rented Property with an equivalent system.

SOFTWARE 

  1. If any Operating System or Application Software is included in the Rental Agreement then the Rentee undertakes to destroy any such application at the completion of the Rental Period or any extension thereof.
  2. Where the Rentee has requested the Altitude Centre to install Software on the Rentees Property the Rentee declares that they have the right to have the Software installed. The Rentee agrees to indemnify and keep indemnified the Altitude Centre from any loss or damage arising from or in connection with the installation or use of the Software.

INSURANCE

  1. The Rentee will take care of their own insurance of the Rented Property during the Rental Period or any extensions thereof, for all the eventualities pertaining to clause 9 of these conditions.

LIMITATION OF LIABILITY

  1. Nothing in these Terms & Conditions shall limit or exclude the Altitude Centre’s liability for:
    1. death or personal injury caused by its negligence, or the negligence of its personnel or agents;
    2. fraud or fraudulent misrepresentation; or
    3. any other liability which cannot be limited or excluded by applicable law.

Subject to that:

the Rentee will look to the manufacturer, and not the Rentor, for any product liability related to the Rented Property.

  1. The Altitude Centre shall have no liability to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and
  2. The Altitude Centre’s total liability to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to £250.

ASSIGNMENT

  1. You may not assign any of your rights under the Agreement without our prior written consent. We may assign any of our rights to any subsidiary or affiliated company or third party or as part of a merger, reorganisation or sale of our business.

SEVERANCE

  1. If any term or condition of this Rental Agreement or the application thereof is or becomes invalid or unenforceable or there is any error or omission in the information, the remaining terms and conditions and information shall not be affected thereby and each and every term and condition of this Rental Agreement shall be valid and enforceable to the fullest extent permitted by law.

CANCELLATION OF ORDERS

  1. If cancellation occurs more than 7 days prior to the delivery date, the Rentee shall incur a cancellation charge equal to the deposit paid, or if paid in full equal to 10% of the rental fee. If cancellation occurs less than 7 days prior to the delivery date, a cancellation fee of up to 50% of the rental fees may be applied. Deposit payments, and payments in full can be transferred to new booking dates at no cost.
  2. If the equipment is returned before the agreed rental term a surcharge maybe applied as rates for shorter rentals are higher than for long term rentals. The surcharge will be as per the published monthly rental fee published at www.altitudecentre.com.

HEALTH AND SAFETY

  1. The Altitude Centre staff are not medically trained and are therefore not qualified to assess whether the Rentee is in appropriate physical condition to rent the equipment. The Altitude Centre advises all Users to take medical advice prior to starting any exercise programme or course of Simulated Altitude Training, if they are in any doubt as to their ability to do so.
  2. The Rentee warrants that they are in good physical condition and know of no medical or other reason why they should not engage in any form of simulated altitude training and such exercise would be detrimental to their health, safety, comfort or physical condition.
  3. It is the responsibility of the Rentee to ensure the safety of all people who may use the rented equipment. The equipment is not designed for use by people under the age of 18.

EXPOSURE TO HYPOXIA 

  1. The Rented equipment delivers air with an altered Oxygen concentration, reduced from the usual 20.9% down to 13% to simulated altitudes up to 3,800m as found at moderate altitude locations.
  2. A High Altitude Adapter is sometimes supplied for passive IHE (intermittent Hypoxic Exposure) sessions only. The High Altitude Adaptor reduces the Oxygen concentration below 13% O2. You agree to use the High Altitude Adaptor for IHE sessions only and in accordance with the “Equipment Set Up Instructions” and “Training Guide” which are supplied ahead of your rental.
  3. You also agree not to use High Altitude Adapter for Sleep sessions and exercise sessions.
  4. Exposure to low Oxygen can cause Hypoxia which in turn can cause physiological changes to the human body that may vary from person to person. In addition, hypoxic exposure may cause breathing difficulties in certain individuals. Individuals in poor health should take extra precautions or refrain from use of the equipment altogether. The Altitude Centre advises all Users to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.

TERMINATION OF THE RENTAL BY THE ALTITUDE CENTRE

  1. The Altitude Centre may terminate the Rental or User Account without notice and with immediate effect if:
    1. The Users breaches these Terms & Conditions, either repeatedly or because of one serious breach;
    2. Any due fees remain unpaid after any request for payment by the Altitude Centre;
    3. The Altitude Centre is of the opinion (acting in its discretion) that the Rentee is not suitable for continued use of its services;
    4. The Rentee puts the health, safety or well-being of staff or other Users at risk.
  2. All decisions made by the Altitude Centre under this clause are final and binding. The Altitude Centre is unlikely to accept a new application from someone whose User Account has been terminated in accordance with this clause.

YOUR PERSONAL INFORMATION

  1. The Altitude Centre acknowledge that the security of a Rentee’s personal information is of high importance. The Altitude Centre Privacy Policy conforms to the European Union General Data Protection Regulation (EU GDPR) 2016/679 and explains how information is processed at the Altitude Centre and the rights an individual has under the GDPR.
  2. Rentee’s are responsible for advising the Altitude Centre of changes to their personal information. Should a Rentee wish to update their personal information and/or request a change of the User Account, this must be requested using the registered email address within the Altitude Centre database for that User. Where the Altitude Centre is required to provide any written or email notification, the Altitude Centre will send the notice to the contact information on the User Account, or any updated contact information the User has provided.
  3. Please ensure you have read and understand the Altitude Centre Privacy Policyprior to accepting the Terms of your Agreement.

LIMITATION OF LIABILITY

  1. Nothing in these Terms & Conditions shall limit or exclude the Altitude Centre’s liability for:
    1. death or personal injury caused by its negligence, or the negligence of its personnel or agents;
    2. fraud or fraudulent misrepresentation; or
    3. any other liability which cannot be limited or excluded by applicable law.
  2. Subject to that:
    1. The Altitude Centre shall have no liability to the Rentee whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and
    2. The Altitude Centre’s total liability to the Rentee, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to £250. 

CHANGES TO THE ALTITUDE CENTRE’S TERMS & CONDITIONS

  1. The Altitude Centre may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify the Rentee before a rental order is placed. Any changes will be effective immediately.

THE TERMS OF YOUR CONTRACT 

  1. A Completed User Account, these Terms & Conditions, the Equipment Set Up Instructions and Training Guide make up a binding contract of the Rentee with The Altitude Centre. The Rentee is advised to read the Terms & Conditions, Equipment Set Up Instructions and Training Guide in full before using our Services.
  2. The failure of The Altitude Centre to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Centre Rules shall not be deemed to be an affirmation by The Altitude Centre that the behaviour of the Rentee is acceptable.
  3. Except where permitted by this Contract, neither the Altitude Centre nor the Rentee may alter the terms of this Contract without the express agreement of the other.

GOVERNING LAW AND JURISDICTION 

  1. These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
  2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).