This Rental Agreement sets forth the conditions on which we will provide the services offered through the tripneter.com website (“the Website”). This Rental Agreement is a contract between you and tripNETer S.L. (“Company”), and covers all rentals made pursuant to this Website.
BEFORE YOU CLICK ON THE “ACCEPT” BUTTON, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY CLICKING ON THE “I ACCEPT” BUTTON, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK “I ACCEPT” OR CONTINUE TO USE THIS WEBSITE. 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.
NATURE OF SERVICES
Company provides a wireless modem rental service (the “Mobile Wi-Fi”), along with user guides and accessories (collectively the “Equipment”) to travelers who plan to visit Spain. We do not offer Equipment for sale on this Website.
ELIGIBILITY TO RENT EQUIPMENT
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.
When you place an order to rent the Mobile Wi-Fi, we will ask you to designate an existing Spanish address to which such Equipment will be delivered, and will also ask for your Rental Start Date and Rental End Dates. The Equipment, along with an accompanying user guide, will then be delivered to your designated address before your arrive at your Spanish destination. It is your responsibility to inspect all Equipment upon receipt and to verify that it is in good working order and condition. In the event that we deliver the Equipment before your Designated Departure Date and you are not available to accept or fail to accept the delivery for any reason, then such Equipment shall still be deemed accepted and you will still be responsible for the return of the Equipment and for all charges. It is your responsibility to ensure that you are available to receive and that you accept the delivery of our Equipment. We will assume all risk of loss and damage from the delivery of the Equipment to your designated address.
In the event that the Equipment is delivered after the Rental Start Date due to shipping problems, tripNETer will not assume any responsibility and will not pay any fee.
USE OF EQUIPMENT
You agree to exercise reasonable care in the use of all Equipment, and to handle all Equipment in accordance with the user guide. You further agree that you will not do any of the following: (a) make repairs or modifications, or alter in any way, the Equipment; (b) remove or alter any certification markers affixed to the Equipment; (c) share the Equipment with any third party, or allow any such third party to use the Equipment, with the sole exception of a family member, companion, or friend accompanying you on your trip; (d) dispose of the Equipment; (e) grant any interest in the Equipment to any third party; or (f) use the Equipment for any illegal purpose.
You must return the Equipment before your departure from Spain to our designated address set forth in our shipping instructions. All returns should be returned by Correos or other generally recognized courier service in accordance with our shipping instructions, and postmarked no later than one (1) day following your Rental End Date. The Equipment shall be returned in good working order and condition. You assume all risk of loss and damage from the return of all Equipment to our designated address. We therefore recommend that you choose “Envío Certificado” (certified shipping) when possible. You agree to pay for all return shipping charges at the time of the rental. For your simplicity, we offer you already in the package the return stamps for ordinary shipping., if this was the selected return option. Still we insist and recommend you to choose certified shipping.
FEES AND CHARGES
(a) Rental Charges. Rental fees for the use of our Equipment are assessed commencing as of the Rental Start Date and ending at the End Date on which the Equipment is returned. Our current rental fee schedule is posted on our Website and may be amended from time to time upon prior notice. Please note that we do not apply any credit for a partial billing date; all partial days will be treated as full days for our billing purposes. If you use the internet service outside the rented days, it will be billed after return. To place any reservation, we require either an advance deposit on the Equipment or a credit card to authorize the anticipated charges. Deposits will be returned upon our receipt of your Equipment following your Scheduled Rental End Date, deducting any service or damage charges or late fees, which are applied to the balance.
(b) Service Charges. Usage charges must be pre-paid according to the current airtime and data rate schedule posted to our Website.
(c) Charges for Damage to the Equipment. You are solely responsible for all loss or damage to the Equipment during the Rental Period. We will bill any charges for damage at our discretion and apply them toward any deposit, or in the alternative, bill them directly to your credit card. Charges for the loss of the Equipment will be applied toward the deposit or billed to a credit card.
(d) Late Fees. Failure to return the Equipment (including all accessories and user guides) promptly to us will result in the incurrence of additional late charges. All returns must be postmarked on or before the first (1st) day following your Rental End Date. In the event that we fail to receive the Equipment, or any portion of the Equipment, seven (7) days after the rental end date, you will be incur a daily penalty fee until the date the Equipment is received. The daily penalty fee will be based on the average daily rental price incurred during your trip. 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. 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 100EUR will be levied upon the customer in the event of loss of each pocket Wi-Fi rented. Lost battery chargers 20EUR and lost extra batteries 20EUR. tripNETer 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.
Please note that we reserve the right to institute collection procedures against you in the event that you fail to return our Equipment to us as required by this Rental Agreement or fail to pay any service or damage charges or late fees that you incur. If it becomes necessary for us to institute collection procedures against you, you agree to pay our costs of collection, including without limitation reasonable attorneys’ fees. Any late fees that we collect will not waive any other right or remedy that may otherwise be available to you under this Agreement.
We will make available insurance to you, which may be purchased at an additional charge and which will cover any risk of damage to our Equipment. This insurance will provide coverage for cosmetic damages to the Equipment but will exclude coverage for theft and loss, as well as for any damage which affects the performance of the Equipment.
You may cancel any reservation at any time at no charge on or before seven (7) days prior to your Designated Departure Date. If reservations are cancelled within six (6) days prior to the Designated Departure Date or during the Rental Period, the customer will be charged a 15EUR cancelation fee, the data and airtime consumed, the full delivery costs, and the rental fees for the period the consumer had the device.
OWNERSHIP OF EQUIPMENT
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.
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.
Company warrants that the Equipment will be delivered in good working order and condition, and that it will continue to operate properly during the term of the Rental Period.
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 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 may not assign or transfer any of your rights or obligations under this Rental Agreement without our prior written consent. 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.
The Rental Period commences on your rental start date (“Rental Start Date”) and expires upon your designated rental end date (“Rental End Date”).