This Rental Agreement sets forth the conditions on which we will provide the services offered through the Pocket Wifi Rental Website. This Rental Agreement is a contract between you, the Customer, and Pocket Wifi Rental. This agreement covers all rentals made pursuant to the Website.
BEFORE YOU ACCEPT OR SIGN, PLEASE READ CAREFULLY THE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY CLICKING ON THE "I ACCEPT" BUTTON OR SIGNING THIS DOCUMENT, YOU AGREE TO BE LEGALLY BOUND BY THIS TERMS AND CONDITIONS.
WE RESERVE THE RIGHT TO AMEND THIS RENTAL AGREEMENT AT ANY TIME. ANY SUCH CHANGES WILL APPLY TO FUTURE RENTALS AFTER THE DATE ON WHICH SUCH AMENDMENT GOES INTO EFFECT.
TERMS & CONDITIONS
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions:
"Agreement" means these terms and conditions, the Rental Form and any other supplemental or similar agreement entered into by you and Pocket Wifi Rental relating to the provision of the Services.
"The Website" means Pocket Wifi Rental official website http://www.PocketWifiRental.com
"The Customer" means the person or company contracting Pocket Wifi Rental services. It is the person identified by Name on the Rental Form.
"The Company" or "Pocket Wifi Rental" stands for the company providing the services.
"Charges" means all charges relating to the provision of the Device and / or Services by Pocket Wifi Rental to you, including amounts billed by Pocket Wifi Rental for and on behalf of a third party, as may be specified by Pocket Wifi Rental on the Rental Form and from time to time on Pocket Wifi Rental website or via any other communication on the daily basis.
"Equipment" or "Device" means the Mobile Hotspot Modem (including the SIM card, battery, wall charger, USB Cable, portable case and any other accessories included) rented from Pocket Wifi Rental.
"Deposit" means the damage deposit of 80€ that the Customer is required to put up for each rented Device.
"Network" means the telecommunications Network(s) provided or procured by Pocket Wifi Rental and/or its Network provider(s).
"Rental Form" means the Device Rental Form which will be sent to your email upon confirmation of your order.
"Rental Period" means the period beginning on the Commencement Date and expiring on your designated Return Date, as stated in the Rental Form or any other formal documentation.
"Services" means the Device rental services and other mobile services which are supplied to the customer.
The Rental Period commences on your Commencementental start date ("Rental Start Date") and expires upon your designated rental end date ("Rental End Date").
2. AUTHORIZATION AND ELIGIBILITY
If you are renting this Equipment on behalf of an entity rather than for your own personal use, then you represent and warrant that you are fully authorized to enter into this Agreement on behalf of such entity, and to bind such entity to the terms and conditions set forth in this Rental Agreement. You further represent and warrant that you are not committing any fraud or misrepresentation in entering this Rental Agreement.
While our Equipment may be used by travelers of any age, we can only rent to adults who are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Rental Agreement, and to abide by and comply with the terms set forth herein.
3. DELIVERY AND RETURN
3.1 When you place an order through the Website to rent the Mobile Wi-Fi, we will ask you to designate an existing Spanish address to which such Equipment will be delivered.
In case of Equipment delivery, the device will then be delivered to your designated address (one day) before the Commencement date or during the morning of the Commencement date. From the time the Device is delivered to the Customer’s designated address, the Customer is responsible for the care of the Device.
3.2 It is your responsibility to ensure that you are available to receive and that you accept the delivery of our Equipment. If the Customer is not present when the Device is delivered to the Customer's designated address (if by any case was not the address of a hotel), the Customer is authorizing Pocket Wifi Rental or its agent to drop off the Device at the Customer's designated address / reception counter.
If the Device is not working when the Customer retrieves it, the Customer must notify Pocket Wifi Rental immediately for a change of device. It is the customer's responsibility to inspect all Equipment upon receipt and to verify that it is in good working order and condition and including all ordered parts and accessories. If otherwise, the Device is deemed to be in perfect condition.
In the event you are not available to accept or fail to accept the delivery for any reason whatsoever, such Equipment shall still be deemed accepted and you will still be responsible for the return of the Equipment and for all charges.
3.3 In the event that the Equipment is delivered after the Commencement Date due to shipping problems, Pocket Wifi Rental will not assume any responsibility and will not pay any fee.
3.4 To return the device you will need to place the device inside a pre-paid envelope provided by Pocket Wifi Rental and place the package in a Correos mailbox designated by Pocket Wifi Rental.
3.5 The Customer has to return the Device on the Return Date. Late fees will be charged, of 14€/day, that will begin to accrue the day following the Return Date.
3.6 If the Customer leaves the Device at the hotel concierge to return to Pocket Wifi Rental, the Customer will accept any defects on the Device detected by Pocket Wifi Rental.
3.7 Failure to return the Equipment (including all accessories and user guides) promptly to us will result in the incurrence of additional late charges. In the event that we fail to receive the Equipment, or any portion of the Equipment, you will incur on a daily penalty fee until the date the Equipment is received. The daily penalty fee will be based on the late fee of 14€/day. If for any reason you are unable to return the Equipment to us, including but not limited to the Equipment being lost or stolen during the Rental Period, then you should contact us immediately, so that you do not incur additional late charges.
4. CHARGES AND DEPOSIT
4.1 The Customer will pay, always in advance, a Rental Charge for all the Device(s) specified in the Rental Period. Rental fees for the use of the Equipment are assessed commencing as of the Starting Date and ending at the designated Returning Date or the day the customer actually returns the device, whichever occurs latter. Our current rental fee schedule is posted on our Website and may be amended from time to time upon prior notice.
4.2 Rental Charge apply to full days only (not fractional days).
4.3 The Rental Charge and/or Deposit, as well as optional delivery costs, are charged to the Customer’s credit card upon confirmation of the Customer’s order. By providing Pocket Wifi Rental with a Credit Card, the Customer is authorizing to make such charges on the account.
4.4 Any extra day in which the customer uses the Internet service will be billed after returning the equipment. Pocket Wifi Rental will be deducting any service charges or late fees from the Deposit or charging this extra cost, and the exceeding fees, if any, on the Customer´s credit card.
4.5 Without limiting any of the provisions of this clause, you will incur additional costs and charges for any part of the Equipment which is lost or damaged beyond economic repair, up to and including the replacement cost of new Equipment at current market rates. Pocket Wifi Rental will bill any of these charges and apply them toward any Deposit, or in the alternative, bill them directly to your credit card.
Charges for any loss of equipment will be attributed as follows; repurchasing the device and SIM card, as well as the consequent restocking/setup fee. To this extent, a fee of 80€ will be levied upon the customer in the event of loss of the Device. For partial losses the following price will apply: Lost Pocket Wifi Device: 80€, Lost Back Cover 80 €, Lost Battery 80 €, lost wall charger: 10€, lost USB cable: 10€ and lost case 10€, SIM card 10€, lanyard 10€, cosmetic damage 20€. Pocket Wifi Rental will not accept replacement devices as a substitute for any of these fees. In the event of a lost pocket Wi-Fi, any remaining balance on the account cannot be refunded, as it is linked with the SIM card.
4.6 The Deposit will be refunded in full and without interest (subject to deductions specified under clause 4.8) within a maximum of three (3) business days, from Device reception at Pocket Wifi Rental. Pocket Wifi Rental will not accept responsibility for any fluctuation in exchange rates during the period in which the Deposit is held.
4.7 All prices charged for Pocket Wifi Rental’s Device(s) and Services are in Euros. Rental charges are VAT inclusive.
5. REFUND POLICY
5.1 If the Customer is having any difficulty with using the device, the Customer must notify Pocket Wifi Rental immediately within the Rental Period in order to qualify for any possible refund or discount. The right to dispute the Rental Charge will be waived if otherwise. Any refund or discount is provided solely at Pocket Wifi Rental's discretion.
5.2 The Customer must notify Pocket Wifi Rental in writing of any final disputes regarding any price charged within 30 days after the end of Rental Period or else the right to dispute the price charged will be waived.
5.3 Cancellation before 7 days from the Start Rental Date will imply a refund. 5€ will be deduced from the total charges for banking costs.
5.4 A Cancellation between 7 days and 2 days prior to Start Rental date will imply a penalty fee of 15€ to be deduced from the total charges. Pocket Wifi Rental also reserves the right to exceptionally deduce any potential delivery costs, if any.
5.5 A cancellation less than 2 days prior to Start rental date will imply a penalty fee of 40€ to be deduced from the total charges. Pocket Wifi Rental also reserves the right to exceptionally deduce any potential delivery costs, if any.
5.6 In the event that the Customer returns the Device to Pocket Wifi Rental or requests a cancellation after the Starting Date and before the expiry of the Rental Period or any extended Rental Period(s), any Rental Charge paid will not be refundable.
6. USE OF DEVICE
6.1 From the time the Device is delivered to the Customer's address, the Customer is responsible for the care of the Device. The Customer will use the Device in a careful and proper manner and in accordance with the instructions within the User Guide and in no other manner.
6.2 The Customer agrees that he/she shall not:
6.2.1 use the Device outside Spain;
6.2.2 effect any repairs or modifications to the Device, or attempt to reverse engineer the Device;
6.2.3 remove or interfere with any certification markers affixed to the Device;
6.2.4 deface or add to the Device;
6.2.5 attempt to sell, hire, assign, charge, pledge, or otherwise lend or dispose of the Equipment or any interest therein, sublet or allow the use of the Device by any third party;
6.2.6 attempt to dispose of the Device, or encumber or grant any interest in the Device to any third party.
6.2.7 Use the Equipment for any illegal purpose.
6.3 The Customer agrees that he/she shall:
(a) take reasonable care of the Equipment and use it only for its intended purpose; and
(b) comply with all directions given by us or in any accompanying instructions as to the use, storage and maintenance of the Equipment and you shall be liable for any damage or deterioration resulting from any failure so to comply;
(c) permit us upon reasonable notice to inspect the Equipment; and
(d) notify us immediately, following any loss of, damage or deterioration to, and/or breakdown of, the Equipment; and
(e) be responsible for and shall fully reimburse us for any and all expenses, costs, losses (including loss of Rental Charges) and/or damage incurred by or against us arising from any loss of, damage or deterioration to, and/or breakdown of the Equipment attributable to any act or omission by you; and
(f) indemnify and keep us indemnified against any and all losses, lost profits, damages, claims, costs, actions and any other losses and/or liabilities suffered by us and arising from or due to any breach of contract, tortious act and/or omission and/or any breach of statutory duty by you.
6.4 In the event the Device is stolen or lost, please also email Pocket Wifi Rental immediately at [email protected].
7. REPAIRS OR DAMAGED DEVICE
7.1 If the Device malfunctions, the Customer will notify Pocket Wifi Rental immediately.
7.2 Pocket Wifi Rental will repair or replace the Device as soon as possible after Pocket Wifi Rental has been notified of the problem by the Customer, and provided the Customer is not in breach of its agreement with Pocket Wifi Rental, Pocket Wifi Rental will provide the Customer with a replacement Device as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred.
8.1 By using this service, you agree and acknowledge you are renting Equipment for travel purposes only, and that you will acquire no rights in the Equipment. You agree that we will retain all ownership of the Equipment, including but not limited to user guides and accessories. The Device will at all times remain property of Pocket Wifi Rental. Customers have no rights other than temporary use.
9.1 The use of the Device and all Services may be terminated or deactivated without notice by Pocket Wifi Rental upon any of the following events: (a) Pocket Wifi Rental has any reason to believe the Device was obtained by any misrepresentation or fraudulent means; b) Pocket Wifi Rental has any reason to believe the Device is or may be used for any illegal or improper purpose, or in violation of applicable laws; (c) Pocket Wifi Rental has any reason to believe there is a breach of any of the clauses hereunder.
9.2 In these events, Pocket Wifi Rental will take immediate possession of the Device without being obliged to repay any portion of the Rental Charge and Pocket Wifi Rental will not have any liability to the Customer for such termination.
10. LIABILITY & REPRESENTATIONS
10.1 Pocket Wifi Rental warrants that the Equipment will be delivered in good working order and condition when it is delivered to the Customer, but Pocket Wifi Rental cannot be responsible for the performance of the Device or the operation of the Network to which the Device is connected.
10.2 The Customer acknowledges that Services may be temporarily interrupted, delayed, or otherwise limited due to a variety of causes, including but not without limitation to transmission limitations or interruptions, atmospheric conditions, system capacity limitations, Network coverage, location / placement, wireless signal strength, Network system, or Device failure.
10.3 Pocket Wifi Rental does not guarantee the correct functioning of Voice over IP (VoIP) applications such as Skype, Google Voice, Viber, etc. as it fully depends on the network infrastructure state, which is out of Pocket Wifi Rental's control.
10.4 Subject to the clauses hereunder, the Customer shall be solely responsible for and shall indemnify and hold harmless Pocket Wifi Rental against all claims, demands and liability arising as a result of the lease, possession, use, condition, operation or misuse of the Device by Customer or third parties, or of the services provided hereunder, whether in breach of the clauses hereunder or otherwise arising howsoever. This indemnity provision shall survive the termination of this Agreement.
10.5 Pocket Wifi Rental will in no event be liable for nor shall the Customer make any claim against Pocket Wifi Rental for any liability, claim, loss, injury, damage or expense of any kind (including lost profits) whether direct, indirect, incidental or consequential caused by the Device or the failure of the Device to operate correctly or at all, or for any delay, faultiness (such a degradation of service) or failure of the services.
11.1 The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
11.2 This Agreement is personal to you and may not be assigned nor transferred by the Customer to any other person, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by Pocket Wifi Rental or its authorized agent.
11.3 This Agreement constitutes the entire agreement between Pocket Wifi Rental and the Customer with regard to the subject matter hereof, and there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Device or the Services, other than as set forth herein.
11.4 Pocket Wifi Rental is not liable for any lack of privacy or security which may be experienced with regard to the Services.
11.5 The clauses hereunder may be amended or modified by Pocket Wifi Rental at its discretion at any time by providing notice to Customer of such changes either as a note on the website screen presented immediately after completion of the log in by a Customer, or by email address of the Customer, or by any other reasonable means.
In the event of any failure to meet the Company Warranty, our sole liability and your sole and exclusive remedy will be to repair or replace the Equipment at our expense. If we replace the Equipment, you will receive the same or reasonably similar Equipment to use for the remainder of the Rental Period. It is your obligation to notify us immediately in the event that you experience any problem with your Equipment.
DISCLAIMER OF WARRANTIES
COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS RENTAL AGREEMENT. WE MAKE NO ENDORSEMENTS REGARDING ANY THIRD PARTY LISTED IN OUR USER GUIDE, AND CANNOT WARRANT OR MAKE ANY REPRESENTATION ABOUT THE QUALITY OF THEIR SERVICES. WE CANNOT WARRANT OUR EQUIPMENT WILL OPERATE UNINTERRUPTED OR ERRORFREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ANY THIRD PARTY SERVICES THAT YOU ACCESS THROUGH THE USER GUIDE WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. WE CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY SERVICES. COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE EQUIPMENT, OUR RENTAL SERVICES, AND ANY THIRD PARTY SERVICES ACCESSED THROUGH OUR USER GUIDE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY SERVICES. While we will make every effort to erase all personal information left on returned Equipment, we cannot be responsible for ensuring the protection of personal information left on returned Equipment. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS RENTAL AGREEMENT.
TO THE EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OFOR IN CONNECTION WITH THIS AGREEMENT,WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WE AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Our total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under this Rental Agreement. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.
By agreeing to this Rental Agreement, you agree to indemnify, defend, and hold harmless Company, our officers, directors, employees, independent contractors, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorney's fees, in any way connected with (a) a breach of the terms and conditions of this Rental Agreement; and (b) any dispute between you and any third party service, which you engaged through our user guide.
We reserve the right to discontinue our rental services or terminate and/or amend this Rental Agreement at any time at our sole discretion. Expiration or termination of this Rental Agreement will not relieve you of any payment obligations hereunder. You agree that we may assign this Rental Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the terms of this Rental Agreement, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any provision of this Rental Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Rental Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the Parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF SPAIN WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. IN ANY DISPUTE UNDER THIS AGREEMENT, EACH PARTY HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF MALAGA, SPAIN.