1 - OBJECT
1.1 We, Evolia Srl, located and operated from Rome on Via Tuscolana 942, under the WiTourist trademark provide a service consisting of electronic device rental.
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 devices and any accessories indicated during the reservation, including assistance service as provided in this contract;
“order management” service, consisting of the process required to register and manage the order, and reserve in your name the requested devices for the indicated time period;
“delivery and return” service, consisting of the process required to deliver the devices at the start of the rental period and collect it at the end, according to your disposals.
2 - ORDERS
2.1 Initially we require that you submit a booking quotation request, and provide basic information including your contact information. We only accept communications concerning your order using these provided contacts, except if you authorize us to receive communications also from further contacts. In this case, you assume personal responsibility concerning the communications we'll receive from them. In any case, it is your responsibility to be reachable during your stay in Italy, using the contact details you provide.
2.2 The quotation provided to you includes:
the amount required to the services provided;
the amount required as deposit for the rental of requested devices;
an order code;
a specific deadline in which it is necessary for you to complete the order, 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 required payment.
2.3 This agreement is regulated by this contract, by any further communications and documentation between us starting with the quotation.
2.4 The order will be closed when we sent you a 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 non-compliance with this term, we will apply the penalty provided in Art.7.1 A for "device transferred abroad".
3.2 If you make payment after the deadline indicated on the quotation and/or make changes to the delivery details initially indicated, and consequently we are not able to provide the devices within the terms originally stated, we have no obligation other than to attempt to provide you with 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 are subject to opening hours, and you are responsible for awareness 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 the 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 is not returned within 24 hours after the planned 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 pre-filled 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, EXTENSION AND VARIATIONS
4.1 You agree to respect the rental terms initially agreed upon. If you cancel in advance, you must inform us immediately, and wait for our acceptance of cancellation before you proceed. In this case, 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 for the period, starting the day after the date in which the device is picked by the courier for return, or when you return the device to one of our representatives. In case of a special offer with a established minimum rental period, no refund will be issue for the days within the minimum period.
4.2 If you wish to extend the rental period, we will initialize 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 cancelled and you will be required to return the device in accordance with the terms originally agreed upon.
5 - ASSISTANCE
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. After 24 hours of receipt, any potential malfunction may be attributed to 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 can at our discretion decide not to replace the device, only with the obligation to refund you the rental days not used, which will be calculated from the day damage has been 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 If you report a device malfunction that is not observed or present upon our assessment, we will apply the penalty provided in Art.7.1 D for "replacement not necessary".
5.5 In the case you report a device malfunction and our assessment determines unequivocally that 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 any case under which our assessment determines a malfunction 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 and we 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 a new device. In the absence of such a request, we have no other obligation than to reimburse the rental days not used, which shall be calculated from two working days after the date 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 related Articles 7.1 B and C. In this situation, you may request a new device, after replenishing the deposit and payment of the necessary delivery costs. 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 - CONNECTION
6.1 In case of rental of devices that require data or voice connection, we will provide connection only when it is expressly indicated, in order to make a device ready to use.
6.2 You acknowledge and agree that we provide the account needed to allow for the connection from an independent third party operator, and we put it at your disposal only to allow the correct operation of the device, without any kind of sale or rental.
6.3 Every device is identified by an specific code printed on it and is univocally associated to a specific account. We register the device’s code sent, and during the rental you can request it, in order to verify the correspondence with the code printed on the device received. In the absence of such a request, you accept the registration code provided by us.
6.4 You are responsible for the usage of the connection and hold us harmless from any abuse or wrongdoing undertaken during the rental period. If for any matter the device is not returned in the agreed manner, you are responsible it up to the effective account deactivation. You acknowledge and agree that under current Italian law we are required to keep your identification data, associated to the specific device and the account used during the rental, for a period of 10 years and to provide any necessary details if requested by any Judicial Authority.
6.5 You acknowledge and agree, releasing us from any liability and obligation, that the connection given by the operator is not homogeneous and is not extended to all areas in Italy, that it can be temporarily discontinued or not of good quality or not available in some areas.and that for technical and organizational reasons not dependent on us the operator can stop the connection in specific areas or for a specific period of time, without notice.
6.6 You acknowledge and agree that for devices with an "Unlimited" connection, the operator applies "fair policy" rules designed to avoid overloading their infrastructure by some parties, and in case of use considered abnormal (for example, a considerably more high connection usage respect the average national levels) may suspend or slow down the connection. In such cases you agree to return the device if requested by us, and we have the sole obligation to refund the rental amount related to the period starting the day after the date the device is picked by the courier for return, or when you return the device to one of our representatives. In case of a special offer with a established minimum rental period, no refund will be issue for the days within the minimum period.
7 - DEPOSIT AND PENALTIES
7.1 In case of non-compliance 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 and/or transferred abroad and/or damaged and/or 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 (given as device accessory) not returned, transferred abroad or damaged: € 15;
C - Cable (given as device accessory) not returned, transferred abroad or damaged: € 10;
D - Unnecessary replacement of a device: € 12;
E - Loss of one or more elements necessary for return of devices: € 8;
7.2 The amount you paid as a deposit for a specific device may be used by us toward the application of any penalty related to the same order.
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 two (2) working days from our request.
7.4 You are responsible for the devices and accessories until their return to our headquarters. Once returned, upon successful assessment of their condition, we will refund the deposit within two (2) working days, except if otherwise indicated during the quotation process.
8 - JURISDICTION
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.