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Rental Agreement - Online Booking


1 - OBJECT

1.1 We, Evolia Srl, located in and operating from Rome in Via Tuscolana 942, under the WiTourist trademark provide a service consisting of electronic devices rental.

1.2 The present Agreement governs the relationship between us and you, the service subscriber, when you book a device online. To “book online” means that you order by using online forms related to the witourist.com web site, which we own, and/or communicating by emails with our email accounts related to the same site.

1.3 When you book a device online, we provide you with the following services:
  • “Rental” of the device and the related accessories, including the assistance service as provided in this contract;
  • “Order management” service, consisting of the process required to register and manage your order, and reserve the device under your name for the period indicated;
  • “Delivery and return” service, consisting of the process required to deliver the device at the beginning of the rental period and collect it at the end.

1.4 The device is delivered "ready to use", unless otherwise indicated during the reservation:
  • If the device needs a data connection and/or an account to operate, then it is already equipped with the SIM and/or account necessary and is already configured for immediate use. It comes with our specific instructions and you can only use it according to those instructions. In this case, it is forbidden to reset the device.
  • If the device does not need a data connection and/or an account to operate, then it arrives with factory settings and the original manufacturer instructions. You can make configuration changes if necessary, according to their instructions, and you can reset the device.

1.5 You agree to have custody of the device and its accessories for the rental period, to keep them in proper working order and to return it on the date and in the manner agreed.


2 - ORDERS

2.1 Initially, you are required to submit a booking quotation request and provide basic information, including your contact information. We will only accept communications concerning your order from these contacts, except if you authorize us to receive communications also from additional contacts. In this case, you assume personal responsibility concerning the communications we'll receive from the additional contacts provided.
In any case, it is your responsibility to be reachable during your stay in Italy, using the contact details provided.

2.2 The quotation we provide includes:
  • the amount required for the three services provided;
  • the amount required as deposit for the requested devices;
  • an order code;
  • a specific deadline within which is necessary for you to complete the order, so you can receive the device in the required time;
  • directions to insert the final information required and confirm the order.
You confirm your order by making the required payment.

2.3 This agreement is also regulated by any further communications and documentation between us starting with the quotation.

2.4 The order is closed when we notify you that the device has been returned to our headquarters. In all other cases (i.e. device not returned), the order is closed when 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 If 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 on the first possible date and to refund the rental amount for the period that you have not been able to use the device as result of the delay.

3.2 In any case in which the delivery and/or return is made to locations that are subject to opening hours, you are responsible for awareness of these times. You must provide your identity document for the collection and the return of the device personally and within the terms established.

3.3 When you request delivery and/or return to a location where third party participation is required (eg. hotels, apartments, offices, schools), you delegate these entities to manage the package containing the device and assume all responsibility with respect to the custody of the device.

3.4 If the device is not returned within 12 hours after the planned date in the manner agreed, we will apply the penalty provided in Art.7.1 A for "device not returned".

3.5 For the delivery of the device, we provide all items necessary for the return of the device and accessories. Items consist of a box, a return envelope and a waybill. You are required to keep all these items and to use them for the device return. In case of loss of one or more items, you are required to notify us: we will recover the device by alternative means and apply the penalty provided in Art.7.1 E for "loss of return package items".

3.6 Device rental is 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".


4 - CANCELLATION AND EXTENSION

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 proceeding. In this case, we will apply the following provisions:
  • If the device has not been shipped, we will refund the amount paid, retaining only the “order management” fee.
  • If the device has been shipped, we will refund the rental amount for the period, starting from the day after the date in which the device is picked up by the courier for return or when you return the device to one of our representatives. In case of a special offer with an established minimum rental period, no refund will be issued for the days within the minimum period.

4.2 If you wish to extend the rental period, we initialize a new payment request using the rental fees applied at the date of the extension. In this situation, no discounts are applied. You are required to make the payment by the deadline we will indicate, otherwise the extension request is cancelled and you are required to return the device in accordance with the terms originally agreed upon.

4.3 If you rent more devices you can modify the return date only for all the devices together.


5 - ASSISTANCE

5.1 We test the operation of all devices and accessories prior to and after each rental. You are required to verify the proper operation upon delivery and report to us immediately any malfunction. After 24 hours of the delivery, any malfunction will 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 hours and through the contacts listed on the witourist.com website. If we are unable to resolve the issue, we may at our discretion:
  • replace the malfunctioning device with another of the same type;
  • send a second device that you will have to return with the first one at the end of the rental period.
If the period between the first possible date of replacement and the end of the rental is less than four (4) days, we can decide not to replace the device. Our only obligation is to refund you the rental amount for the days not used, calculated from the day in which the damage has been reported.

5.3 In all cases of malfunction, we will assess and verify the damage upon the return of the device. You trust our ability to assess the device. In case of rental of a device using a data connection to operate, we may verify the data consumption in order to investigate the correct device functionality during the period you claimed the malfunction.

5.4 If we replace a device because you report a device malfunction, but we do not find the malfunction upon our assessment, we will apply the penalty provided in Art.7.1 D for "unnecessary replacement".

5.5 If our assessment determines that a device has been damaged for reasons not attributable to you, we have the sole obligation to refund the rental amount for the period you have not been able to use the device as result of the malfunction.

5.6 If our assessment determines a malfunction for reasons attributable to an accidental damage occurred 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 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 new delivery cost. In the absence of such a request, we have no other obligation than to refund the rental amount for the period you have not been able to use the device, calculated from the day after the date you report the loss or theft.

5.8 In case of loss or theft of an accessory, you are required to inform us immediately. We will apply the penalty provided in Articles 7.1 B and/or C and you may request a new accessory after paying a new delivery cost. In the absence of such a request, we have no further obligations.

5.9 Devices provided with a SIM Card have a security seal that prevents manipulation of the SIM. You agree not to remove it, unless expressly authorized by us, otherwise we will apply the penalty provided in Art. 7.1 A for “security seal void”.


6 - ACCOUNTS

6.1 If the device requires an account (eg. a SIM for data connection) to operate, we will provide it in order to give you a device “ready to use”. You acknowledge and agree that we subscribe the account under our name with a third party company (“operator”) and that there is not any sale or rental of the account.

6.2 If for any matter you don’t want to use the account we provide, you may contact us and we will give you instructions on how to replace it with an account that you will have to subscribe personally with an operator at your choice. In this case, no refund is allowed, as the rental amount is due for the device and not for the associated account.

6.3 You are responsible for the usage of the account we provide with your device, and agree to exclude us from any abuse or wrongdoing undertaken up to the device return to our headquarters, or, if the device is not returned, you are responsible up to the actual account deactivation. You acknowledge and agree that, under current Italian law, we are required to keep your identification data associated to the specific account you use, for a period of 10 years, and to provide any necessary details to the Italian Authority, if requested.

6.4 Every device is identified by a specific code printed on it, and it is uniquely associated to a specific account. We register the code of the device we send you, and you can check it with us during the rental period to verify the correspondence with the code printed on your device. In the absence of such a request, you accept the association provided by us.

6.5 You acknowledge and agree, releasing us from any liability and obligation, that the data connection given by the operator is not homogeneous and is not extended to all areas in Italy. You also acknowledge and agree that the connection can be temporarily less performant or not available in some areas and that, for technical reasons not dependent on us, the operator can temporarily stop the connection in specific areas, without notice.

6.6 You acknowledge and agree, releasing us from any liability and obligation, that even for devices with an "unlimited" data connection, the operator can apply "fair policy" rules designed to avoid overloading his infrastructure in case of use considered “abnormal” (eg. daily traffic over 10 GB) and it may stop the connection temporarily.


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 - DDevice not returned and/or transferred abroad and/or damaged and/or security seal void: standard deposit related to the specific type of device. If the deposit has been discounted from the standard amount, the penalty amount due is anyway the standard amount;
  • B - Charger, given as device accessory, not returned, transferred abroad or damaged: € 12;
  • C - Cable, given as device accessory, not returned, transferred abroad or damaged: € 8;
  • D - Unnecessary replacement: € 10;
  • E - Loss of return package items: € 8;

7.2 The amounts paid as a deposit may be used toward the application of any penalty related to the same order.

7.3 You are responsible for the devices and accessories until their return to our headquarters. Once returned and 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 - SALE

8.1 We sometimes sell devices at special prices as a promotion for customers renting our devices. If you buy one of those devices and decide to return it due to a “change of mind” according to Italian laws, or due to a malfunction, according to guarantee terms, you are always directly responsible for any delivery to/from our headquarters and you are required to cover any related cost.

8.2 If the device is returned due to a change of mind, you have to return it in the original package. At the arrival, we will check the functionality of the device and its accessories, the package integrity and any possible aesthetic damages. If the device passes this check, we will fully refund you the cost of purchase. If not, you will have to pay the delivery costs to ship the device back to you.

8.3 If the device is returned due to a malfunction, we will send you a device of the same type, or, if we do not have a device of the same type, we will refund the cost of the device. If we do not verify any malfunction, or we verify a malfunction depending on accidental damages (eg. a bump, water infiltration, etc.), you will have to pay the delivery costs to ship the device back to you.


9 - JURISDICTION

9.1 Any disputes will be settled by the Court of Rome.

9.2 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.