This Rental Agreement sets forth the conditions on which we will provide the services offered through the Wifivox Website or directly through the Wifivox Store in Barcelona. This Rental Agreement is a contract between you, the Customer, and Wifivox, (formly Wifivox S.L.). This agreement covers all rentals made through the Website or directly at the Store.
BEFORE YOU ACCEPT OR SIGN, PLEASE READ CAREFULLY THE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY CLICKING ON THE "PLACE ORDER" 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.
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 Wifivox relating to the provision of the Services.
"The Website" means Wifivox official website http://www.wifivox.com
"The Store" stands for Barcelona's physical store located in Carrer Rosselló, 324, 08025, Barcelona or the store located in Calle General Lacy 20, 28045 Madrid.
"The Customer" means the person or company contracting Wifivox services. It is the person identified by Name on the Rental Form.
"The Company" or "Wifivox" stands for the company providing the services. Wifivox is formly named Wifivox S.L.
"Charges" means all charges relating to the provision of the Device and / or Services by Wifivox to you, including amounts billed by Wifivox for and on behalf of a third party, as may be specified by Wifivox on the Rental Form and from time to time on Wifivox 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 Wifivox.
"Deposit" means the damage deposit of 80€ that the Customer is required to put up for each rented Device paid by cash.
"Network" means the telecommunications Network(s) provided or procured by Wifivox 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 Start 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.
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 European address to which such Equipment will be delivered. You may also select to pick up the device in one of our stores, at any of the selected pick-up points or at Barcelona or Madrid airport.
There are five different options to receive your unit:
(1) Delivery to your hotel. We will deliver the package to the reception desk of your hotel. If booked with enough time we will deliver the package the day before your arrival. If booked with less than 24 hours, we will deliver the package during the morning** of the first rental date. **Morning = Between 9:00 and 14:00.
(2) Delivery to your apartment. We will deliver the package during the selected delivery slot. In Barcelona and Madrid we can deliver in a 2-hour delivery slot (between 10:00 and 14:00 or 16:00 to 20:00). In the rest of Spain delivery will be made between 9:00 and 14:00. In the rest of Europe, delivery will be made between 9:00 and 20:00. Someone needs to be at the apartment to receive the package and sign for it.
(3) Delivery to the Barcelona or Madrid airport. We can deliver to Terminal 1 and 2 in Barcelona, and Terminal 1 and 4 in Madrid. Delivery will be made to the Left Luggage (Consigna) desk run by the Excess Baggage Company. When you place your order online you will receive detailed instructions on where to collect the package at the airport. Barcelona Terminal 1, Madrid Terminal 1 and Madrid Terminal 4 Left Luggage desks open 24 hours, everyday of the week. Barcelona Terminal 2 Left Luggage desk opens from 6:00 to 22:00 h. everyday of the week.
(4) Delivery to a pick-up point. We can deliver to thousands of pick-up points around Spain. You can select the pick-up point at the rental form. You will be able to select between MRW points and UPS access points. Delivery will be made under the name of the booking and only that person will be able to pick-up the package by showing his ID.
(5) Pick-up at a Wifivox store. You can select to pick-up at our Barcelona and Madrid stores. You can collect during opening business hours. Please check our website under ‘contact’ section for the opening business hours, address and map.
3.2 In case of Equipment delivery, the device will then be delivered to your designated address (one day) before the Start date or during the morning of the Start date. (if you placed the order with less than 24 hours notice). From the time the Device is delivered to the Customer’s designated address, the Customer is responsible for the care of the Device.
3.3 It is your responsibility to ensure that you are available to receive and accept the delivery of our Equipment.
If the Customer selects to get the unit delivered to a hotel or to the airport Left Luggage desk, he doesn’t need to be present to accept the package. In this case, the Customer is authorizing Wifivox or its agent to drop off the Device at the Customer's designated reception counter.
In the case the Customer selects to get the unit delivered to his apartment, the Customer needs to be present there to accept and sign for the parcel. The Courier won’t deliver the package if the Customer is not present at the apartment address.
3.4 If the Device is not working when the Customer retrieves it, the Customer must notify Wifivox 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.
3.5 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.
3.6 In the event that the Equipment is delivered after the Start Date due to shipping problems, Wifivox will refund you for the unused days due to this delay at the end of the Rental Period.
3.4 There are six different options to return the device.
(1) Return at a Wifivox store. The customer may come to one of our Stores and physically drop off the device. Physically drop-off can only be made during business hours. Please check our website under ‘contact’ section for the time tables, address and map. The Wifivox Stores are based in Barcelona and Madrid.
(2) Return at your hotel reception desk. Only if the Customer has selected to drop off the device in the hotel, it can then be dropped off at the hotel’s reception desk always within an envelope provided by Wifivox. Please inform the concierge that a selected courier company will come to pick up the Device the day after in the morning.
(3) Return from your apartment. If the Customer has selected to drop off the device in an apartment they will need to wait the selected courier company to come to their apartment and hand in person the device within an envelope provided by Wifivox to the courier company.
4) Return at a drop-off point. If the Customer has selected to drop off the device at a special drop off nearby point they will need to place the device inside an envelope provided by Wifivox and hand the package to the drop-off point designated by Wifivox.
5) Return at the airport. If the Customer has selected to drop off the device at the Airport, there will be 2 options: (1) If the Customer is returning at Barcelona or Madrid airport, you will need to place the device inside the envelope provided by Wifivox and hand the package to the Left Luggage desk. (2) If the Customer is returning at any other airport, he will need to place the device inside the pre-paid envelope provided by Wifivox and place the package in a Correos mailbox designated by Wifivox.
6) Return at a street mailbox. The Customer will need to place the device inside the pre-paid envelope provided by Wifivox and place the package in a Correos mailbox designated by Wifivox.
3.5 The Customer has to return the Device on the Return Date. Late fees will be charged, of 6,99 €/day (or 8,9 €/day in case of the international unit), 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 Wifivox, the Customer will accept any defects on the Device detected by Wifivox.
3.7 Failure to return the Equipment (including all accessories and user guides) 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 6,99 €/day (or 8,90 €/day in case of the international unit). 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 later. 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 Wifivox will ONLY take a prepaid 80€ Deposit if the booking takes place at our physical Stores in Barcelona or Madrid and if is paid in CASH. The Deposit will be fully charged to the Customer, together with the total Rental Charge. The Deposit will be partially or totally refunded when the Device is returned by the Customer and examined by Wifivox. All the Customers booking through our website will not be charged with any deposit. Instead they will need to accept their responsibility in the booking form accepting future charges into their credit or debit card if they don’t return the device.
4.4 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 Wifivox with a Credit Card, the Customer is authorizing to make such charges on the account.
4.5 Any extra day in which the customer uses the Internet service will be billed after returning the equipment. Wifivox 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.
4.6 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. Wifivox 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;. 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€. Wifivox 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.
4.7 The Deposit will be refunded in full and without interest (subject to deductions specified under clause 4.8) once the Customer returns the unit at the Barcelona or Madrid store.We can only refund the Deposit if the Customer returns the unit at one of the Wifivox stores.
4.8 All prices charged for Wifivox’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 Wifivox 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 Wifivox's discretion.
5.2 The Customer must notify Wifivox 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 7 days prior to 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. Wifivox 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. Wifivox 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 Wifivox 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 unless he has selected in the booking form a specific country or group of countries.
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 Wifivox immediately at firstname.lastname@example.org.
7. REPAIRS OR DAMAGED DEVICE
7.1 If the Device malfunctions, the Customer will notify Wifivox immediately.
7.2 Wifivox will repair or replace the Device as soon as possible after Wifivox has been notified of the problem by the Customer, and provided the Customer is not in breach of its agreement with Wifivox, Wifivox 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 Wifivox. 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 Wifivox upon any of the following events: (a) Wifivox has any reason to believe the Device was obtained by any misrepresentation or fraudulent means; b) Wifivox 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) Wifivox has any reason to believe there is a breach of any of the clauses hereunder.
9.2 In these events, Wifivox will take immediate possession of the Device without being obliged to repay any portion of the Rental Charge and Wifivox will not have any liability to the Customer for such termination.
10. LIABILITY & REPRESENTATIONS
10.1 Wifivox warrants that the Equipment will be delivered in good working order and condition when it is delivered to the Customer, but Wifivox 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 limited to transmission limitations or interruptions, atmospheric conditions, system capacity limitations, Network coverage, location / placement, wireless signal strength, Network system, or Device failure.
10.3 Wifivox 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 Wifivox's control.
10.4 Subject to the clauses hereunder, the Customer shall be solely responsible for and shall indemnify and hold harmless Wifivox 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 Wifivox will in no event be liable for nor shall the Customer make any claim against Wifivox 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 Wifivox or its authorized agent.
11.3 This Agreement constitutes the entire agreement between Wifivox 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 Wifivox 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 Wifivox 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 to the 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 ERROR FREE, 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. ACCORDINGLY, WIFIVOX 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 NON INFRINGEMENT 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 OF OR 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. Notwithstanding that all provisions 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 BARCELONA, SPAIN.