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Rental Agreement - Online Booking

1 - OBJECT

1.1 We, Evolia Srl, Italian Company located in and operating from Rome, 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, in all cases where you book online by using forms and/or e-mail accounts related to the witourist.com web site, which we own.

1.3 We rent out devices "ready to use", unless otherwise indicated during the reservation, therefore:

- If the device needs an account to operate, including a telephone and/or a data one, then it is equipped with the necessary account and is already configured for immediate use. In this case, it comes with specific simplify instructions and you can only modify the settings indicated, because not all features are available. In this case, it is forbidden to reset the device.

- If the device does not need an account to operate, or at the moment of the reservation it is specified that it is not provided “ready to use”, then it comes with factory settings and the original manufacturer instructions. In this case you can make configuration changes according to the manufacturer instructions, and you can reset the device.

1.4 The device and its possible accessories remain 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. You agree to return them on time, 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 email and contact number. We will only accept communications concerning your order from these contacts, 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.
It is your responsibility to be reachable during your rental period at the contact details provided.

2.2 In case of online rental, we provide the following services:
- “Rental” of the device and its accessories, including assistance according to the terms under this Agreement;
- “Order management”, a service consisting on the process needed to register and manage your order and book under your name the device chosen, so that it will be 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.

The quotation we provide includes:
- the amount required for the above-mentioned services;
- the amount required as a deposit for the requested devices;
- a booking code;
- a specific deadline within which you have to complete the order to receive the device on time;
- directions to insert the final information required and confirm the order.

You confirm your order by making the payment of the amount indicated in the quotation.

2.3 This agreement is also regulated by any further documentation in written between us, from the moment you receive the quotation.

2.4 The rental ends, and the order is closed, only when the device has been returned to our headquarters. We will give you communication of the return and the outcome of the checks by a 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 transferred abroad”.

3 - DELIVERY AND RETURN

3.1 If we are not able to provide the devices within the terms originally stated for reasons not depending on you, we have no obligation other than to attempt to provide you with the device on the first possible date and refund you the rental amount for the period that you have not been able to use the device as result of the delay. If the period between the first possible date of delivery 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 you the amount paid.

3.2 In any case in which the delivery and/or return is at locations subject to opening hours, it is your responsibility to respect those opening times 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 (eg. hotels, apartments, offices, schools), you delegate these entities to manage the package containing the device and assume all responsibility with respect to 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 in the manner agreed, 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. Items consist of a box, an envelope with a label indicating “return bag” and a prefilled waybill. You are required to keep all these items and to use them for the return. In case of loss of one or more items, you are required to notify us immediately: we will recover the device by alternative means and apply the penalty provided in Art.7.1 D for "loss of the packaging".

4 - ORDER MODIFICATIONS

4.1  You agree to not 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. We will apply the following provisions, depending on the possible modification requested:

-  If you cancel the order before the shipment: we will refund the amount paid, withholding only the “order management” fee;
- If you cancel the order after the shipment, or if you return the device in advance with respect to the date agreed, we will apply the penalty provided in Art. 7. 1 E for “modification of the order” and we will refund the amount paid for the rental, starting from the day after the date in which the device is picked up by the courier for the return;
- If you intend to extend your rental period, we will apply the penalty provided in Art. 7. 1 E for “modification of the order” using the rental fees applied at the date of the extension, as if it were a new order. In this case, you are required to make the payment by the deadline we will indicate, otherwise the extension request is cancelled and you will have to return the device in accordance with the terms originally agreed upon;
- If you modify the delivery and/or return terms, we will apply the penalty provided in Art. 7.1 E for “modification of the order” and we will charge/credit the possible different delivery and/or return cost with respect to the options initially established. If the modification concerns the delivery and it causes delays in the date initially provided, it is not provided any refund for the possible lost rental days.

4.2 We will issue the refund only at the termination of the order, together with the return of the deposit.

4.3 If you rent a device using a promotion providing a minimum rental period, any refund is provided for the days being part of that period.

4.4 If you rent more devices in the same order, you can ask for modifications only for all the devices together.

5 - ASSISTANCE

5.1 We test the operation of all devices and accessories carefully 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 operating 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, at our discretion, 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 Once the device is returned, we will proceed with an accurate check. You trust our ability to assess the device, and we will apply the following provisions depending on the assessment results:
- If our assessment determines that the 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;
- 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".
- If we replace a device because you reported a malfunction, but we do not find the malfunction upon our assessment, we will apply the penalty provided in Art.7.1 E for "modification of the order " and we will apply the return and/or delivery expenses incurred for the replacement, according to the prices in force on our website. In this case, no refund is provided for the lost days.

5.4 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 “lost device” 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 after the first working day following the date you report the issue.

5.5 In case of loss, damage 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.

6 - ACCOUNT

6.1 If you rent a device “ready to use” and it needs an account in order to work (including accounts for telephone and/or data connection) you acknowledge and agree that:
- we subscribed the account under our name with a third party company (“Operator”) and it remains our property;
- we make the account available for you with the sole purpose of making the device usable;
- there isn’t any sale or rental of the account.
If for any matter you don’t want to use the account provided, or you are not happy with it, you may contact us and we will give you instructions on how to replace it with another one that will be your own account. In all cases of non usage of the account, including its possible malfunctioning, no refund is allowed as the rental amount is due for the device and not for the possible associated account.

6.2 You are responsible for the usage of the account and agree to exclude us from any abuse or wrongdoing undertaken up to the device return to our headquarters. You are required to inform us immediately of any possible loss or theft of a device using an account: according with the operating hours of our Customer Service, we will ask the Operator for the deactivation of the account within 4 hours from your report and you will be no more liable once the account will be effectively deactivated.

6.3 Every device associated with a specific account is identified by a specific code printed on it. We take note of the code of the device/account you use, and during the rental period, you can contact us to verify its correspondence with the information printed on your device. In the absence of such a request, you accept the association provided by us.
You acknowledge and agree that, according to the Italian applicable law, in case of usage of an account allowing data and/or telephonic connection, we have to keep your data, associated to the account data used, for a period of 10 years, in order to provide any possible detail to the Competent Judicial Authority in case of investigation on illegal activities conducted by a specific account.

6.4 If the device uses a telephonic account for mobile telephone/data connection, you acknowledge and agree, releasing us from any liability and obligation, that the connection given by the Operator is not homogeneous, is not extended to all areas in Italy, can be less performant in some areas, and that for technical reasons the Operator can temporarily stop or limit the connection in specific areas, without notice.

6.5 You acknowledge and agree, releasing us from any liability and obligation, that even for devices with an "unlimited" data connection, we may apply "fair policy" rules and temporarily suspend the connection (up to 24 hours) in case of data consumption significantly higher (over 300%) then the average consumption per device nationwide, currently equal to 2.3 Gb/day.

6.6 You agree not to try to tamper with the device configuration. If you rent a device using an account, you agree not to transfer in any manner the account on another device.

6.7 The devices using an account allowing a data and/or telephone connection are provided with SIM cards closed off by a security seal. In addition, an automatic system reports any possible attempt of different usage of the SIM in another device and it automatically blocks  the SIM card. You agree not to remove the security seal if not expressly authorized. In case of non fulfillment of this term, we will apply the penalty provided in Art.7.1 A for “security seal tampering”.

7 - PENALTIES AND RENTAL GUARANTEES

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 tampering: 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 / damaged: € 12;
C - Cable, given as device accessory, not returned / transferred abroad / damaged: € 8;
D - Loss of the packaging: € 8;
E - Modification of the order: € 5.

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 four (4) working days, except if otherwise indicated during the quotation process.

8 - SALE

8.1 We sometimes sell devices at special prices as a promotion exclusively for customers renting in the same context our devices. If you buy one of those devices and decide to return it due to a “change of mind”, 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 within 14 days from the date of delivery, 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. Passed 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.