1 - OBJECT
1.1 We, Evolia Srl, an Italian Company located in Rome - Via Tuscolana 942, P.IVA 12186391004, provide under the WiTourist trademark a service consisting of electronic devices rental.
1.2 The present Agreement governs the relationship between us and you, the service subscriber, in all cases where you book online by using forms and/or e-mail accounts related to the witourist.com website, which we own.
1.3 The device and its accessories are and remain a property of WiTourist. You are fully liable from any point of view for their usage from the moment you receive them until they return to our main office and agree to return them on the date and in the manner agreed.
2 - ORDER
2.1 We will accept communications concerning your order exclusively from the email address that you indicated during the order, except if you authorize us to receive communications also from other contacts. In this case, you assume personal responsibility concerning the communications received from the additional contacts provided.
During the rental period, it is your responsibility to be reachable at the contacts provided.
2.2 In the case of online rental, we provide the following services:
- “Rental” of the device and its accessories, including assistance according to the terms of this Agreement;
- “Order management”: a service aiming at registering your order and booking under your name a device in order to make it available for the period indicated;
- “Delivery and return”: a service aiming at delivering the device according to your directions at the beginning and at the end of your rental period;
- “Insurance”: an optional service that excludes the possibility of applying some penalties provided in this Agreement, as specified in Art.7.2, and the need to pay a deposit for the device you intend to rent.
2.3 You confirm your order by making the payment of the amount indicated in the quotation.
2.4 The rental ends, and the order is closed, only when the device has been returned to our main office. We will give you communication of the return by specific mail. In all other cases where a device is not returned, the order is closed when all conditions set forth in this Agreement have been met.
2.5 The rental takes place exclusively in the Italian Territory, and you agree not to transfer, for any reason, the device outside Italy. In case of non-fulfillment of this term, we will apply the penalty provided in Art.7.1 A “device not returned”.
2.6 Some quotations are produced by an automatic system that cannot verify if the delivery and return locations you indicated are in Italy. In case of confirmation of an order for which you have stated delivery and/or return outside the Italian territory, we will ask you to indicate locations in the Italian territory, and we will modify the order by applying the provisions of Art.4.1 A.
3 - DELIVERY AND RETURN
3.1 If we are not able to provide the devices within the terms stated initially for reasons not depending on you, we have no obligation other than to try to deliver in an alternative way on the first possible date and refund you the rental amount for the period you have not been able to use the device. If the period between the first possible delivery date and the end of the rental is less than four (4) days, we can, at our discretion, decide not to deliver the device. In this case, our only obligation is to refund the entire amount paid.
3.2 In any case in which the delivery and/or the return are at locations subject to opening hours, it is your responsibility to respect them and to go there personally by showing an identity document.
3.3 When you request delivery and/or return to a location where third-party participation is required (e.g., hotels, apartments, offices, schools), you delegate these entities to manage the package containing the device and assume all responsibility concerning its custody.
3.4 You agree to return the device according to the established terms. If the device is not returned within 12 hours after the planned date, we will apply the penalty provided in Art.7.1 A for "device not returned".
3.5 Together with the device, we provide all items necessary for the return, consisting of a box and an envelope with a label indicating “return bag” and a prefilled waybill. You must keep all these items and use them for the return. In case of loss of one or more items, you must notify us immediately: we will try to recover the device by alternative means, and we will apply the penalty provided in Art.7.1 D for "loss of the packaging".
4 - ORDER MODIFICATIONS
4.1 You agree not to modify dates and places initially agreed for delivery and return.
In any case of modification, you must inform us immediately and wait for our possible acceptance before proceeding in any other manner than that agreed. In case of modification, we will apply the penalty provided in Art.7.1 E for “modification of the order”, and we will proceed as follows:
A - If the device has not been shipped yet, we will refund 90% of the amount relating to the “rental” and to any “insurance”, and 100% of the amount related to delivery and return.
B - If the device has been shipped, or if you return the device in advance with respect to the date agreed, we will refund 70% of the amount relating to the “rental” and to any “insurance”, starting from the day after the date in which the device can be actually collected by the courier for the return;
C - If you modify the delivery and/or the return location, we will verify if the modification is possible, and we will charge/credit the possible different delivery and/or return cost with respect to the options initially established. If the modification causes delays in the delivery date initially agreed, no refund is provided for the possible non-used rental days.
D - If you extend your rental period using the automatic procedure provided, we reserve the right to contact you if we find a problem with the new date and/or place indicated. If we do not find a solution, we will have the sole obligation to refund your extension payment, and you will have to return your device as originally agreed;
E - In case of a delay in returning for proven reasons that do not depend on your will, in our sole judgment, we reserve the right not to apply the penalty provided for in Art.3.4, and to wait for the return of the device within the new agreed terms. In this case, we will apply the penalty provided in Art.7.1 G, and we will disable the data connectivity of the device until its actual return.
4.2 We will issue the refund only at the termination of the order, together with the possible return of the deposit.
4.3 The refunds of amounts less than €10 will be issued exclusively as a voucher. This voucher has a unique alphanumeric code, and you will be the only one to know it. This code has to be used at the moment of the request of one or more quotations and allows the application of a discount equal to the refund amount agreed.
At the first payment using this code, the discount is applied, and the code is no longer usable.
The voucher can be used within 2 years from its issue, its use is not bound by the identity of the user, and you can communicate it to allow third parties to use it, at your responsibility.
4.4 If you rent more devices in the same order, you can ask for modifications only for all the devices included in the order.
5 - ASSISTANCE
5.1 We test the operation of all devices and accessories carefully before and after each rental. You are required to verify the proper operation of the device and accessories provided upon delivery and report immediately any malfunction. After 24 hours from the delivery, any malfunction will be attributed to accidental damage that occurred during the rental period.
5.2 If you experience a device malfunction, you must contact us as soon as possible. If we are unable to resolve the issue remotely, we will deactivate the device initially sent, and we will send a replacement that you will have to return together with the first one at the end of the rental period (in case of rental of the "5G Office" device we will first organize the return of the device that does not work and then we will send the replacement device). There is only one possible replacement per rental. If, for any reason, you do not want to proceed with the replacement, we will arrange the early return of the device, and we will refund you for the rental days not used, in accordance with the provisions of Art.4.1 B
5.3 If the malfunction is reported within 24 hours from the delivery, we will refund the amount for the unused rental days, calculated from when you report the malfunction until the actual delivery of the replacement device. In all other cases in which a replacement is made, no refund will be due, except for the case described in Art.5.4
5.4 If the period between the first possible date of replacement and the end of the rental is less than four (4) days, we can, at our discretion, decide not to proceed with the replacement. In this case, we have the only obligation to refund the rental amount corresponding to the rental days not used, calculated from the day after the damage has been reported.
5.5 Once the device is returned, we will perform an accurate check. You trust our ability to assess the device. In any case of malfunction, we will try to reset the device, and we will proceed as follows:
A - In the event that the malfunction can be resolved by a restoration (reset and a new setting), we will not apply any penalty;
B - In the event that the malfunction cannot be resolved by a restoration, we will apply the penalty provided in Art.7.1 A for "damaged device". If, as a result of this malfunction, we sent a replacement device, we will also apply the penalty provided in Art.7.1 D for "additional delivery";
C - If we replaced a device because you reported a malfunction, but we do not find the malfunction upon our assessment, we will apply the penalties provided in Art.7.1D for "additional delivery". In this case, no refund is provided for any possible days of non-use.
5.6 In case of loss or theft of a device, you must inform us immediately: we will apply the penalty provided in Art.7.1 A for “device not returned” and you may request a new device, after paying a new deposit and the penalty provided in Art.7.1 D for “additional delivery”. In this case, and in the absence of a request for the replacement device, no refund is provided for any possible days of non-use.
5.7 In case of loss, damage, or theft of a charger or cable given as a device accessory, you must inform us immediately: we will apply the related penalty provided in Art.7.1 B and C and you may request a replacement after paying the penalty provided in Art.7.1 D for “additional delivery”. In the absence of such a request, we have no further obligations.
5.8 WiFi devices are supplied with preset settings. You undertake not to change these settings and not to reset the device. If the device does not work for these reasons, there will be no refund for any days of non-use.
6 - DATA PLAN
6.1 If you rent a device needing a data plan to work, you acknowledge and agree that the SIM associated is not sold or rented, but it is subscribed under our name with a third third-party Company (“Provider ”) and remains our property, and it is at your disposal for free with the sole purpose of making the device immediately usable.
In any case of non-usage of the data plan, including its possible malfunctioning, no refund is allowed as the rental amount is due for the device and not for the associated SIM.
6.2 You are responsible for the usage of the data plan and agree to exclude us from any abuse or wrongdoing undertaken up to the device's return to our main office. You are required to inform us immediately of any possible loss and/or theft of a device, in order to allow us to ask the Provider for the deactivation of the related SIM as soon as possible. In this case, you expressly accept that your liability for the usage of the data plan ends only when it is effectively deactivated.
6.3 You acknowledge and agree that according to Italian law, we have to keep the personal data of the user of a SIM for a period of 10 years, in order to be able to provide them in case of any request by the Competent Judicial Authority.
For this purpose, every device using a SIM is identified by a specific code printed on it. Before we send your device, we take note of its code and, consequently, of the SIM you will use. During the rental period, you will be able to contact us to verify the correspondence between this code and the information printed on your device. In the absence of such a request, you accept the association provided by us.
6.4 If the device uses a data plan, you acknowledge and agree, releasing us from any liability and obligation, that the connection given by the Provider is not homogeneous, is not extended to all areas in Italy, and can be less performant in some areas. You also acknowledge and agree that for technical problems and/or maintenance of its infrastructure, the Provider can stop or limit the connection in specific areas, without notice and that it can interrupt the connection of a SIM which usage it considers not legal and/or does not comply with its own fair policies.
6.5 In case of an "unlimited" data plan, you acknowledge and accept, relieving us of any responsibility and obligation, that:
- the Operator can block the data connection of a SIM for several days following use deemed by them to be illegal and/or not compliant with their "fair policies" (generally very high data consumption for several consecutive days);
- to try to avoid such interruptions, we apply "our fair policy" and, in the event of data consumption exceeding 20 GB per day for 3 consecutive days, we limit the connection to 20 GB per day in the following 3 days;
- if despite the intervention of "our fair policy" the SIM is blocked by the Operator, we will work to have it reactivated as soon as possible, without further obligations towards you, without prejudice to your possibility to request early return to the conditions envisaged by Art.4.1 B.
6.6 The suspension of the data connection, both in the case of the application of “our fair policy” and in the case of devices with daily limits, is automatic and based on the overall data traffic in the previous 24 hours. The data connection is re-enabled at 00:00 UTC.
6.7 The devices allowing a data connection are provided with SIM cards closed off by a security seal. You agree not to remove this seal. In case of non-fulfillment of this term, we will apply the penalty provided in Art.7.1 F for “security seal tampering”.
The SIM is automatically deactivated if you try to use it on a different device. In this case, the SIM will be reactivated only after the payment of the penalty provided in Art.7.1 F and no refund will be provided for any possible day of non-use.
7 - PENALTIES AND RENTAL INSURANCE
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 / transferred abroad / damaged: “5G Office” €290; “4G Pro” € 65, “4G Smart 6” / “4G Smart 2” € 35, Power Bank “10 Ah” / “20 Ah” € 10, Car Charger € 6;
B - Charger, given as a device accessory, not returned / damaged: € 12;
C - Cable, given as a device accessory, not returned / damaged: € 8;
D - Loss of the packaging / additional delivery: € 8;
E - Modification of the order: € 5;
F - Security seal tampering / sim removal: € 15;
G - Late return (Art.4.1 E): 30% of the rental rate in force for each day of delay.
7.2 Depending if you activate or not the “Insurance” option, we will apply any possible penalties as follows:
A - “Insurance” not activated:
You have to pay a deposit for the devices you rent. When your devices will return to our main office, upon successful assessment of their conditions, we will refund the deposit by two (2) working days. In case of application of penalties, we will retain the amounts from the deposit and will refund the difference.
B - “Insurance” activated:
- No penalties are applied if a device and/or its accessories are stolen and you send us, within 24 hours from the event, a copy of the complaint to the Italian Authorities with a list of the stolen devices;
- No penalties are applied if a device and/or its accessories are accidentally damaged and you return them;
- You don’t have to pay a deposit for the devices you rent. In case of the application of penalties, we will send you a payment request, to be paid within the following two (2) working days. You are aware that if the payment is not completed in this period, according to the Italian anti-terrorism laws in force concerning the usage of devices providing Internet access, we will have to make a complaint for theft to the Italian Authorities.
8 - JURISDICTION
8.1 Any disputes will be settled by the Court of Rome.
8.2 You declare that you have read the present Agreement and approve the points 1, 2, 3, 4, 5, 6, 7, and 8, under 1341 and 1342 C.C.