Terms & Conditions

1. Rental Agreement

Everest Oxygen ("Everest Oxygen", "we", "our", or "us") agrees to rent to you ("Customer", "you", or "your") the oxygen equipment, accessories and related services specified in your booking confirmation, or such alternative equipment as may be agreed between the parties (the "Equipment"), subject to these Terms & Conditions.

2. Collection and Training

2.1 Equipment Collection

Everest Oxygen will use reasonable efforts to ensure that the Equipment is available for collection at the agreed Collection Point at the beginning of the Hire Period. Should delivery be delayed, the Hire Period shall commence on the actual date the Equipment is made available.

2.2 Training

At least one member of your climbing party must be present at the Collection Point to receive basic instruction from Everest Oxygen regarding the safe operation, use and care of the Equipment. That person is responsible for communicating these instructions to the remaining members of the climbing party.

3. Customer Responsibilities

You agree that:

3.1 All rental charges, deposits and any other amounts due shall be paid in full when due. Everest Oxygen reserves the right to deduct any outstanding amounts from the Security Deposit.

3.2 Timely payment of all charges and deposits is an essential condition of this Agreement.

3.3 The Equipment shall only be used in accordance with Everest Oxygen's instructions and solely for its intended purpose.

3.4 The Equipment shall not be assigned, loaned, sub-rented or otherwise transferred to any person outside your climbing party without Everest Oxygen's prior written consent.

3.5 You shall not attempt to repair or modify the Equipment. In the event of damage or malfunction, Everest Oxygen must be notified immediately. Repairs resulting from manufacturing defects or Everest Oxygen's fault will be carried out at Everest Oxygen's expense. All other repairs shall be your responsibility.

3.6 You shall not alter, dismantle or tamper with the Equipment in any way.

3.7 Any defect, damage or malfunction must be reported as soon as reasonably practicable. Everest Oxygen may require the Equipment to be returned for inspection, repair or replacement.

3.8 During the Hire Period, you are responsible for the Equipment and shall indemnify Everest Oxygen against any loss of or damage to the Equipment, regardless of cause, except where caused by Everest Oxygen's negligence.

3.9 The Equipment shall remain within the agreed expedition area unless Everest Oxygen has given prior written approval.

3.10 Ownership of the Equipment remains with Everest Oxygen at all times. The Equipment must not be sold, pledged as security or become subject to any lien or third-party claim.

3.11 Only competent and experienced climbers who have received training from Everest Oxygen, or from a trained member of the climbing party, may operate the Equipment.

3.12 You shall not remove, obscure or alter any labels, operating instructions, logos or branding attached to the Equipment.

3.13 You agree to provide Everest Oxygen with all information reasonably required for the performance of this Agreement.

3.14 Upon expiry or termination of the Hire Period, you shall immediately cease using the Equipment and return it to Everest Oxygen in good condition, allowing only for fair wear and tear. No refund will be made for unused oxygen or unused Equipment.

4. Cancellation Policy

If you cancel all or part of your booking, the following cancellation charges shall apply:

  • More than 4 weeks before the Hire Period: No cancellation charge.

  • Less than 4 weeks before the Hire Period: 50% of the Total Charges (plus applicable taxes and duties) for the cancelled Equipment.

  • Less than 1 week before the Hire Period: 100% of the Total Charges (plus applicable taxes and duties) for the cancelled Equipment.

  • The remaining balance for Equipment not cancelled shall remain payable in full.

5. Liability

5.1 Everest Oxygen shall not be liable for personal injury, illness or death arising from the use or inability to use the Equipment.

5.2 Everest Oxygen shall not be liable for loss of profits, loss of revenue, loss of use, indirect, incidental or consequential damages arising from the use or inability to use the Equipment.

5.3 These exclusions apply regardless of the legal basis of the claim, including contract, negligence, statutory duty or otherwise, to the fullest extent permitted by applicable law.

5.4 Nothing in these Terms excludes or limits liability where such exclusion is prohibited by applicable law, including liability for fraud or for death or personal injury resulting from Everest Oxygen's negligence.

5.5 Any claim against Everest Oxygen must be submitted in writing with reasonable details within one (1) months after the event giving rise to the claim, or within any longer period required by applicable law.

5.6 Everest Oxygen's employees, agents and contractors shall benefit from the same limitations and exclusions of liability contained in these Terms.

6. Force Majeure

Everest Oxygen shall not be liable for any delay or failure to perform its obligations resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, severe weather, governmental restrictions, transport disruptions, strikes or other force majeure events.

7. Insurance

The Customer is responsible for maintaining adequate insurance covering:

  • loss of or damage to the Equipment up to its replacement value; and

  • third-party liability of not less than USD 2,000,000 for members of the climbing party.

Everest Oxygen may request evidence of such insurance before releasing the Equipment and reserves the right to withhold the Equipment until satisfactory evidence has been provided.

8. Termination

Everest Oxygen may terminate this Agreement immediately by written notice if:

  • the Customer commits a material breach of these Terms;

  • the Customer cancels the Agreement after the Equipment has been prepared or released;

  • the Customer becomes insolvent, bankrupt or otherwise unable to meet its financial obligations; or

  • any legal proceedings affecting the Customer's assets materially impact the performance of this Agreement.

Termination shall not affect any rights or obligations accrued before termination.

9. Entire Agreement

These Terms constitute the entire agreement between Everest Oxygen and the Customer regarding the rental of the Equipment and supersede all prior discussions or representations relating to the subject matter.

10. General

10.1 Everest Oxygen may assign or subcontract any of its rights or obligations under this Agreement.

10.2 Any additional Equipment or services subsequently agreed between the parties shall also be governed by these Terms.

10.3 Both parties agree to keep confidential any non-public information received from the other party unless disclosure is required by law.

10.4 If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

10.5 These Terms shall be governed by the laws of Austria. The parties submit to the non-exclusive jurisdiction of the competent Austrian courts.

 
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