1.1 We, Evolia Srl, located and operated from Rome on Via Tuscolana 942, under the WiTourist trademark, provide rental services consisting of electronic devices.
1.2 The present Agreement governs the relationship between us, and you, the service subscriber, when you reserve a device using online forms and / or email accounts related to www.witourist.com web site, which we own.
1.3 When you reserve a device, we provide the following services: rental of device and its accessories (charger and charging cable), including assistance service as provided in this contract; reservation service, consisting of the process required to make a reservation and hold the specific device for the time period indicated by you; delivery and return service, consisting of the process required to deliver the device at the start of the rental period and collect it at the end.
2.1 Initially we require that you submit a booking quotation request, providing basic information including personal information and contacts necessary. We will only accept communications concerning your order using these provided contact details. If necessary, you are able to indicate further contact information for yourself or a third party, and you assume all responsibility about order communications. In any case, it is your responsibility to be reachable during your stay in Italy, using the contact details you provide to us.
2.2 The quote provided to you includes: the amount relating to the services provided; the deposit amount due for the number of requested devices; an order code; a deadline by which it is necessary for final order confirmation, so you can receive the device in the required time; directions how to insert the final information required for booking confirmation, and to arrange payment. You confirm your order by making the payment.
2.3 This agreement is regulated by this contract, and by further communication and documentation between us starting with the quotation.
2.4 The order will be closed when we sent you notification that the device and its accessories have been returned to our Home Office. In other cases, the order will be closed upon our satisfaction that all conditions set forth in this Agreement have been met.
2.5 Any refunds on our part will only be made upon conclusion of the order.
3 DELIVERY AND RETURN
3.1 Device rentals are exclusively made in the Italian territory, and you agree not to transfer any device outside Italy. In case of noncompliance with said term, we will deactivate the device and apply the penalty provided in Art.7.1 A for "device transferred abroad".
3.2 If you make payment after the due date indicated on the quotation, and / or make changes to the delivery details initially indicated, and consequently we are not able to provide the device within the terms originally stated, we have no obligation other than to attempt to provide you the device at the first possible date, and refund you for the days not used.
3.3 In any case in which the delivery and / or return is made to activities is subject to opening hours, and is your responsibility to be aware of these times. You must provide for the collection and the return of the device personally, and within the terms established, by showing your identity document.
3.4 When you request delivery and / or return to a location where third party participation is required (eg. hotels, apartments, schools), you delegate these entities to manage the package containing the device, and assume all responsibility with respect to custody of the device.
3.5 You agree to have custody of the device and its accessories for the rental period and keep in proper working order, and to return them on the date and time, and in the manner agreed.
3.6 If the device has not been returned within 24 hours after due date, in the manner agreed, we will apply the penalty provided in Art.7.1 A for "device not returned".
3.7 Upon delivery of the device, we provide all items necessary for the return of device and accessories. Items consist of a box, and a return envelope including a prefilled waybill. You are required to keep all these elements, and to use them upon device return. In case of loss of one or more elements, you are required to notify us. Should recovery of the device by alternative means be required, and we will apply the penalty provided in Art.7.1 E for "loss of one or more elements necessary to return the device."
4 CANCELLATION AND EXTENSION
4.1 You agree to respect the rental terms initially agreed upon. If you cancel in advance, we will apply the following provisions: If the device has not yet shipped: we will refund the amount paid by you, retaining only the reservation fee. If the device has shipped: we will refund the rental amount you paid starting from the date in which you return the device to one of our representatives, or the device is picked by the courier for return.
4.2 If you wish to extend the rental period, we will formulate a payment request using the actual rental rates. You are required to make payment by the indicated deadline provided, otherwise the extension request will be canceled and you will be required to return the device in accordance with the terms initially agreed upon.
5.1 We test the operation of all devices and accessories prior to and after each rental. You are required to verify proper operation upon delivery. If, after 24 hours of receipt, any damage is not reported to us, damage may be attributed to an accidental damage caused during the rental period.
5.2 If you experience a malfunction, you are required to contact us as soon as possible. We'll provide assistance during the times and channels listed on www.witourist.com web site and will attempt to solve the problem quickly. If we are unable to resolve the issue through these channels, we may at our discretion: replace the malfunctioning device with another of the same type; send a second device that you will return with the first at the end of the rental period; in the event that the period between the scheduled date of delivery of replacement device and the end date of the rental is less than 4 (four) days, we are at our discretion not to replace, and are only obligated to refund the rental days not used, calculated from the day damage is reported. In all these cases, upon receipt of the device, we will assess and verify the damage.
5.3 You trust our ability to assess the devices, as we conscientiously and correctly undertake verification of our devices in regards to their functionality.
5.4 In the case you report a device as malfunctioning, but when returned, assessment shows the device is fully functioning, we will apply the penalty provided in Art.7.1 D for "replacement not necessary".
5.5 In the case of a device reported as malfunctioning, in which the assessment determines the device is damaged for reasons not attributable to you, we have the sole obligation to refund the rental days not used as a result of the malfunction.
5.6 In all cases in which an assessment carried out by us, and the device is determined to be malfunctioning for reasons attributable to accidental damage done during the rental period, we will apply the penalty provided in Art.7.1 A for "damaged device."
5.7 In case of loss or theft of a device, you are required to inform us immediately, we will disable the device, and will apply the penalty provided in Art.7.1 A for “device not returned”. In this situation, you may request a new device only after replenishing the deposit and payment of the delivery costs necessary for new device. In the absence of such a request, we have no other obligation than to reimburse the rental days not used, calculated from the date after the loss/theft is reported.
5.8 In case of loss or theft of an accessory, you must inform us immediately, and we will apply the corresponding penalties provided by Articles 7.1 B and C. In this situation, you may request new device only after replenishing the deposit and payment of the delivery costs necessary for new device. In the absence of such a request on your part, we will have no further obligations.
5.9 Some devices have a security seal that prevents manipulation of the device. You agree not to remove it, unless expressly authorized in writing by us, otherwise we will apply the penalty provided in Art. 7.1 A.
6.1 In case of rental of devices that requires data or voice connection, we provide you this connection for free as part of the device, giving you a device configured and ready to use.
6.2 You acknowledge that the connection providers are independent third party operators. You understand and agree to release us from any liability and obligation, if: the coverage and / or service level offered is not homogeneous, or not available to all areas in Italy, and that use can be temporarily discontinued or not of good quality in some parts of Italy, and / or in specific situations and / or periods of time; that for technical and organizational reasons not dependent on us, the operator can stop the service in specific areas, or for a specific period of time, without notice.
6.3 You acknowledge and agree that during use of a device titled "Unlimited", the provider applies "fair policy" rules designed to avoid overloading their infrastructure by some parties, and may in case of use considered “abnormal” enact the provision of the service by suspending it without notice. Examples of abnormal use: a constant use of considerably more data than the average national levels recorded, and / or the use of fake account, and / or access to illegal services and / or sites. In such cases, we have no further liability and obligation, and you agree to return the device no later than 2 working days from our return request without submitting any additional claims. If this timeline of return is not meet accordingly, we shall proceed to disable the device, and will apply the penalty provided in Art.7.1 A for "device not returned".
6.4 You are responsible for the use by yourself and / or other users associated with the usage of the connection, and hold us harmless from any abuse or wrongdoing undertaken during the rental period. You declare to be aware of, and approve, that under current Italian law we are required to keep the data for each user of a connection for a period of 10 years, and to provide said data if requested by any Judicial Authority request.
7 PENALTIES AND RENTAL GUARANTEES
7.1 In case of noncompliance with the conditions set forth in this Agreement, you are required to pay an amount as a penalty, according to the following scheme:
A Device not returned, transferred abroad, damaged, and security seal tampered: standard deposit related to the specific type of device. If the deposit has been discounted from the standard amount, the penalty amount due is the entire standard amount.
B Charger not returned, transferred abroad or damaged: € 15;
C Cable not returned cable, transferred abroad or damaged: € 10;
D Unnecessary replacement of a faulty device: € 12;
E Loss of one or more elements necessary for return of your device: € 8;
7.2 The amount you paid as a deposit may be used by us toward the application of any penalty relative to your rental.
7.3 In all cases where the deposit amounts paid does not meet the total amount of the penalties owed by you, you are required to pay the difference within 2 working days our request.
7.4 You are responsible for the device until its return to our headquarters. Upon successful condition assessment of the device and accessories, we will return the deposit within two working days from return.
8.1 Any disputes will be settled by the Court of Rome.
8.2 You declare that you have read and approved the present Agreement and to approve
the points 1, 2, 3, 4, 5, 6, 7, and 8 under 1341 and 1342 C.C.