Terms and Conditions
1) Rental Object
The rental item is described in the corresponding field on the handover protocol. Modifications to the rental item, in particular attachments and installations as well as connection with other objects, are expressly prohibited. The rental item, including its components and accessories, remains the exclusive property of tridome GmbH throughout the entire rental period. The renter is not authorized to grant third parties rights to the rental item or to assign rights from the rental agreement to them; in particular, subletting or lending is prohibited. Co-use of the rental item by any person other than the renter is also expressly prohibited, unless this was agreed upon at the time the contract was concluded and this third person does not provide the necessary proof of the existence of the health requirements.
2) Contract Duration
The rental period begins on the day of pickup for which tridome GmbH has made the rental item available. The rental period ends on the day the rental item, with all parts and attachments required for its operation, is handed over to the lessor in proper and contractually compliant condition, but no earlier than the end of the agreed rental period. An extension beyond the contract duration requires a corresponding agreement at least one week before the end of the rental period. Such an agreement is considered concluded under the conditions contained in the rental agreement if the renter does not return the rental item at the time of the agreed return and the lessor does not object. The renter acknowledges that in the event of illness during the rental period and the resulting non-use of the rental item, there is no claim to a reduction in the rent, nor in the event of early return of the rental item to the lessor.
If the use of the rental item is completely or partially impossible due to a technical defect not caused by the renter during the agreed rental period, the renter will receive a proportional refund of the rent or a free extension of the rental period to the extent of the lost rental days. However, the lessor may refuse to extend the rental period if they have already rented the item to someone else.
3) Rent
To reserve the period bindingly, a deposit of CHF 300 is required. The remaining balance of the agreed rent is due upon pickup.
4) Late Return
In the event that the rental item is not returned on time at the end of the agreed rental period, the renter is obliged to pay a rental fee of CHF 50 for each calendar day or part thereof that the agreed rental period is exceeded. Furthermore, in the event of default, the lessor is entitled to separately charge travel costs and working time for any collection of the rental item from the renter.
5) Handover and Return
The lessor must keep the rental item ready for pickup in a clean and operational condition. The same applies to the renter upon return to the lessor. Before taking over the rental item, a condition report must be prepared and signed by both contractual partners for both delivery and return. Any defects must be recorded. If no condition report is prepared, the rental item is considered delivered or returned in accordance with the contract. If the rental item is returned in a condition that shows the renter has not fulfilled their obligations under point 7, the rental period is extended by the time necessary to procure spare parts and repair the damage. The costs of the repair work must be reimbursed by the renter.
6) Obligations of the Renter
The renter undertakes to use the rental item only at the specified location, in its normal operational use, and while maintaining the necessary duty of care. The operating instructions on the rental item and the relevant regulations in the manual must be strictly observed.
7) Liability
The renter is liable for damage to or loss of the rental item during the rental period, regardless of whether the damage or loss was caused by their fault, that of their assistants, or the fault of third parties. The lessor is not liable for consequential damages resulting from the use of the rental item by the renter or third parties, unless liability is mandatory in cases of intent or gross negligence. The renter undertakes to hold the lessor harmless and indemnify them if they are held liable by third parties for damage events related to the rental item.
8) Repairs
All defects and damage to the rental item must be reported to the lessor immediately. Repairs may only be carried out by the lessor or persons commissioned by them.
9) Termination and Cancellation of the Rental Agreement
The lessor is entitled to terminate the agreement with immediate effect if a) circumstances become known to them after the conclusion of the agreement that give rise to justified doubts about the renter's creditworthiness, b) the lessor is not granted an inspection of the rental item to determine its condition or damage despite prior notice, c) the renter grants or leaves usage or other rights of any kind to third parties without the written consent of the lessor, d) the renter changes the location or place of use of the rental item without the lessor's consent, e) the specified altitudes for adaptation in the altitude tent are exceeded.
10) Third-Party Interference with Ownership
If third parties exercise official or judicial access to the rental item owned by the lessor (seizure, custody, confiscation, etc.), the renter is obliged to notify the lessor immediately by email or registered letter and provide all related orders and documents. The renter must bear all costs of judicial or extrajudicial measures and interventions necessary and appropriate to remove the interference. If the renter fails to notify the lessor in a timely manner, they are liable without limitation for all adverse consequences.
11) Health Risks, Requirements, and Participation Obligations
There are no medical or health reasons that speak against altitude adaptation in an altitude tent. The customer confirms that no substances prohibited or performance-enhancing according to http://www.antidoping.ch are being taken; in the event of a violation, the athlete must expect that claims for damages, satisfaction, and lost profits will be charged for this behavior, which is damaging to the coach's reputation; in addition, a contractual penalty of CHF 50,000.00 is owed. Health restrictions that could influence altitude adjustment and acclimatization in the altitude tent must be reported to tridome GmbH immediately. Responsibility for health lies exclusively with the customer.
tridome GmbH assumes no liability for direct or indirect damage of any kind, in particular not for injuries suffered by the customer during altitude adjustment in the tent, injuries to third parties, or damage to material, even in the case of negligence. Insuring all risks is the responsibility of the customer.
The renter is aware of the risks: https://www.hoehenzelt.ch/risiko-check/ and has read and understood all risks. The altitude profile specified by tridome GmbH must be strictly followed by the renter. tridome GmbH assumes no liability for this.
12) Miscellaneous Provisions
Deviating agreements or supplements to the contract must be in writing. No oral side agreements were made before the contract was concluded. The requirement for written form can only be waived in writing by means of a uniform document. Should a provision of this contract be invalid for any reason, the remaining provisions shall not be affected. In this case, a provision that comes as close as possible to the economic result of the invalid provision shall be deemed agreed between the parties.
The place of performance and jurisdiction is agreed to be the competent court in CH-Küssnacht am Rigi. Before concluding this contract, the renter confirms that they have received and read the Terms and Conditions form.
12) Anti-Doping Declaration
The renter declares that both they themselves and persons who co-use the rental item (see point 1) recognize the doping regulations of NADA (National Anti Doping Agency) and WADA (World Anti Doping Agency), in particular the World Anti Doping Code.
13) Withdrawal from the Agreement by the Lessor
The lessor is entitled to withdraw from the agreement until the rental item is handed over if it is not available at the start of the contract period due to technical defects, necessary repairs, non-contractual return by the previous renter, or other reasons for which the lessor is not responsible. In this case, the renter is entitled to a refund of all deposits made but waives any further claims against the lessor for whatever legal reason.
14) Online Booking
The renter acknowledges that by reserving an altitude tent for a specific period via the internet, the booking becomes legally binding. Up to 4 weeks before the start of the rental, the customer can withdraw from the reservation without a claim for a refund. Under 4 weeks, 50% of the rent is due.