Both parties mutually acknowledge their sufficient legal capacity to execute this Agreement, and agree the following RENTAL AGREEMENT FOR WIFI RENTAL PRODUCTS, which shall be governed by the following terms:
FIRST.- The service consists of rental of MIFIS and ancillary products by the CLIENT, and it is provided by WIFI AWAY, S.L.
- The usage of the device is restricted to Spain – it is forbidden to be used outside of Spain
- Any usage outside of Spain can result in extra costs for Wifi Away, well above those charged initially to the client – the client will be liable for these additional costs charged by Wifi Away providers in case the devices are used outside of Spain
- “Peer to peer” traffic is also forbidden, and the user accepts to pay any damages caused to WifiAway by the fast download of large files using “peer to peer” networks.
SECOND.- Upon the execution of this Agreement, WIFI AWAY, S.L. shall provide the CLIENT at the agreed date and place, in the form of leasing, a MIFI, with its corresponding SIM card inside, charger and case, as well as a user guide and a brochure.
The above-mentioned equipment shall only be intended for the specific purpose as established in this Rental Agreement between the parties.
THIRD.- The CLIENT shall be liable for the care and custody of the rented MIFI with its accessories for the corresponding purpose during the term of this Agreement. In the event of loss, theft or severe damage, the following quantities:
- Device: 80€
- Charger, cable or both: 7€
- Box/container: 8€
- Complete Pack: 95€
FOURTH.- With respect to the payment of the service:
- The rental price for each 4G wifi device with its accessories shall be in accordance with the contracted fee. Payment shall be made by credit/debit card.
- The minimum age to book our services is 18 years old
- Cancellation: The client may cancel their order in the following 24 hours of the order as long as it hasn’t been shipped, and as long as the order has been placed with at least 5 days before the initial date of service usage
- Return and Refund: Once received the device, the user will have 3 days to try the device, and may return it in case it does not meet their expectations. To do so, they must not have used the device for more than 500 Mb of data (we reject returns after exhaustive usage). The full refund will be processed once the device is received back at our offices.
FIFTH.- The duration of the service will be established by the final selection of proposals and tariffs by the client.
- The client agrees to return the device on time or assume the penalties indicated in the payment process (or 5€ daily in case they are not established), without quantity limit
- Should the client not return the device, and/or refuse to pay the mentioned delays, losses or damages mentioned in the THIRD point, or any other type of delinquency, the client accepts the information provided to WifiAway (as well as that available publicly in the web) may be used for the inclusion of the client in delinquency files. The client also accepts in this case, that his information may also be shared with third party services related to the recovery of incurred expenses and legal representation, as well as the sale of transfer of debts. The client will also be liable of all costs incurred as a result of these processes
SIXTH.- The data available and used by the client will be measured and managed by the operator, provider of WifiAway. Should there be any discrepancy between the data consumption measured by the client by any means, and the operator’s measurement, it will be the operator’s measure that will prevail.
SEVENTH.- With the usage terms, the CLIENT agrees to return the rented material the completion date of the subscription. WIFI AWAY, S.L. acknowledges that, through the postage-paid envelope return, a delay in days due to the 4G wifi device return procedure shall occur. However, if the return is forgotten, the CLIENT shall bear any delivery expenses for the return of the products, as well as a penalty fee depending on the number of delay days, with a cost of 5€ per day of delay. The CLIENT will also lose all right to renew if the payment for the renewal is delayed.
EIGHTH.- Any difference, controversy or dispute that may arise related to the interpretation or enforcement of this Agreement shall be resolved and settled at the Court of First Instance of Madrid.
NINTH.- Both parties hereby acknowledge that they fulfill all requirements established by the Organic Law on Protection of Personal Data, Organic Law 15/1999, dated December 13.
TENTH .- In case of any problems with the 4G wifi device or service, issues in the network, or logistical or supply contingencies that prevent the arrival of the 4G wifi device at the time and place agreed, the maximum compensation to the client will be the return of the amount paid by the client. In no event shall be claimable to Wifi Away, SL any damages beyond the return of the amount paid by the customer.
ELEVENTH-WIFI AWAY, S.L may cancel a reservation, returning the full amount paid, or the proportional part of the days/data not used by the client, in case the company cannot, for any reason offer service. Wifi Away may also return the payment and cancel any order, as well as limit the right to renew the service to any client that does not cooperate in a respectful manner with Wifi Away’s team, or in case Wifi Away believes it is not possible for the company to meet the client’s demands or expectations.
WIFI AWAY, S.L. declares that all technical and organizational measures from article 9 of the above-mentioned law regarding data processing have been taken. And in accordance with article 12 therein, WIFI AWAY, S.L. shall only access the required data in order to comply with the contracted services.