View/Download PDF1 - OBJECT
1.1 We, Evolia Srl, are an Italian Company with P.IVA 12186391004, providing electronic device rental service through the witourist.com website.1.2 The present Agreement governs the relationship between us and you, the service user.
1.3 The devices we rent are our property. You are liable for them from the moment you receive them until they return to our headquarters in Rome, Via Tuscolana 942.
2 - ORDER
2.1 We initially send you a quote with a link to pay. You confirm your order by making the payment.2.2 We provide the following services:
- “Rental” of the device and its accessories, including “Assistance” as indicated in section 5 of this Agreement;
- “Order management”, a service aiming at registering and managing your order;
- “Delivery and return”, a service aiming at delivering the device according to your directions and returning it to our headquarters at the end of the rental;
- “Insurance”, an optional service aiming to avoid applying some penalties provided in this Agreement and paying a deposit, as indicated in Art.7.2;
- “Europe Pack,” an optional service enabling a WiFi device to connect in European countries other than Italy, as indicated in section 6 of this Agreement.
2.3 Your order is closed when the device returns to our headquarters, and we notify you of the return. In all other cases, it is closed when all the conditions outlined in this Agreement are met.
2.4 We accept communications concerning your order exclusively from the email address you indicated initially. However, by this address, you can authorise us to receive communications also from other contacts, assuming responsibility.
2.5 You are responsible for being reachable at the contacts provided until the order is closed.
3 - DELIVERY AND RETURN
3.1 If you rent a WiFi device working only in Italy, you undertake not to transfer it outside the Italian territory. If you rent a WiFi device with the “Europe Pack” option, we indicate a list of countries where it works, and you undertake not to transfer the device outside these countries. In case of non-fulfilment of these terms, we will apply the penalty provided in Art.7.1 A for “device not returned”.3.2 Delivery is possible only in Italy, including devices with the “Europe Pack” option. Some quotations are produced by an automatic system that cannot verify whether the city you indicated is in Italy. If an order is confirmed but you have indicated a delivery city outside Italy, we will ask you for a coherent location and modify the order as provided in Art.4.1 A.
3.3 If delivery within the stated terms is not possible for reasons not dependent on you, we have no obligation other than trying to deliver alternatively and refunding the rental amount for the period you couldn’t 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 decide not to deliver the device, with the sole obligation to refund the full amount paid.
3.4 If the delivery and/or the return locations are subject to opening hours, you must respect them and go there personally by showing an identity document.
3.5 In case of delivery and/or return to a location where third-party participation is necessary (e.g. hotels, apartments, offices, schools), you delegate the management of the package on your behalf to them, maintaining responsibility for it.
3.6 You must return the device according to the established terms. In case of non-return within 12 hours, we will apply the penalty provided in Art.7.1 A for "device not returned".
3.7 If you choose to return the device in Italy, we will provide the necessary items, including a box and a “return bag” with a waybill. You must keep and use them. If you lose one or more items, you must notify us immediately: we will try to recover the device by alternative means and apply the penalty provided in Art.7.1 D for "loss of the packaging”.
3.8 If you rent a device with the “Europe Pack” option and you choose to return it outside Italy, you must ship it to our headquarters on the last day of rental. The address of our headquarters is:
EVOLIA SRL - Via Tuscolana 942 - 00174 Rome, Italy - Phone number +39 06 92926983
Shipping is at your expense and under your responsibility. Within five (5) hours of shipping, you must send us the information allowing tracking (the website where to track and the tracking code).
You can ship the device only from the country indicated originally. If you ship from extra UE countries, we will not accept the shipment as import taxes are expected, and we will apply the penalty provided in Art. 7.1 A for “device not returned”.
You must use an express courier, allowing delivery within four (4) days. From the fifth (5th) day, we will apply the penalty provided in Art.7.1 G for “late return”. After the tenth (10th) day, we will apply the penalty provided in Art.7.1 A for “device not returned”.
4 - ORDER MODIFICATIONS
4.1 You agree not to modify the dates and places indicated for delivery and return.If you need to modify them, you must inform us and wait for our possible acceptance before proceeding in a manner other than that agreed. In case of acceptance, you acknowledge and agree that we will apply the penalty provided in Art.7.1 E for “modification of the order”, and we will proceed as follows:
A - If you cancel your order and we have not already shipped your device, we will refund 90% of the “rental” and 100% of the “delivery and return”;
B - If you cancel your order and we have already shipped your device, or if you return the device before the date agreed, we will refund 70% of the “rental” starting from the day after the courier can collect the device for the return;
C - If you modify the delivery and/or return location, we will charge/credit the cost difference to the initial choices. If the modification causes delivery delays, no refund will be provided for the rental days lost;
D - If you extend your rental period using the automatic procedure provided, and we find problems with the new date and/or location indicated, we will contact you to find an alternative solution. If we don’t find it, you will have to return the device as originally agreed, and we will refund the payment for the extension with no other obligations;
E - If you return your device later than expected for reasons beyond your control, we reserve the right to agree on new terms for the return instead of applying the penalty provided for in Art.7.1 A for “device not returned”. In this case, we will apply the penalty provided in Art.7.1 G for “late return” and disable the device data.
4.2 We refund the deposit and issue any eventual refund only when the order is closed.
4.3 Refunds of less than €10 are issued as vouchers consisting of a code allowing the discount equal to the refund amount agreed to be used on one or more quotations. The voucher is valid for two (2) years from its issue and decades from the first payment of one of the quotations. Since anyone can use it, you are responsible for sharing it.
4.4 If your order includes more devices, you can only request modifications for all the devices included.
4.5 The "Europe Pack" and “Rental Guarantee” options are non-refundable.
5 - ASSISTANCE
5.1 We carefully test the operation of our devices and accessories before each rental. You must verify their proper operation upon delivery and report any malfunction immediately. After 24 hours from delivery, any malfunction will be attributed to accidental damage during the rental.5.2 In case of malfunction, you must contact us as soon as possible. If we cannot resolve the issue remotely, we will deactivate the device and send a replacement, which you must return with the malfunctioning device at the end of the rental. Only one replacement per rental is allowed.
5.3 If you report a malfunction within 24 hours from delivery, we will send a replacement device and refund 100% of the rental amount for the days not used, calculated according to the new delivery date.
5.4 If you report a malfunction after 24 hours from delivery and you do not want to proceed with a replacement, we will arrange the early return of the malfunctioning device and refund 70% of the “rental” and “insurance” starting from the day it is collected by the courier;
5.5 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 send a replacement. In this case, we will refund 100% of the “rental” from the day you communicated the malfunction, with no other obligations.
5.6 Once a malfunctioning device returns to our headquarters, we perform an accurate check and:
A - If we can solve the malfunction by restoration (reset and new setting), we will not apply penalties;
B - If we can’t solve the malfunction by restoration and you indicated the malfunction after 24 hours from the delivery, we will apply the penalty provided in Art.7.1 A for "damaged device" and cash the replacement shipping cost;
C - If we do not find any malfunction, we will cash the replacement shipping cost and will not refund non-usage days.
5.7 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 can request a new device after paying a new deposit and shipping fee. In this case, no refund is provided for non-usage days.
5.8 In the event of loss, damage or theft of a charger or cable supplied as an accessory to the device, you must inform us immediately: we will apply the relevant penalty provided for in Art.7.1 B/C and will ship a replacement accessory upon payment for further shipping. No refund is provided for days of non-use, including the case in which you do not wish to proceed with the replacement.
5.9 WiFi devices come with preset settings. You agree not to change these settings or reset the device. If your device fails to work for these reasons, there will be no refund for the days of non-use.
6 - DATA PLAN
6.1 When you rent a device allowing a data connection, you acknowledge and agree that we subscribed to the data plan with a third-party Italian “Operator”, that the data plan and the related SIM are our property, and that we don’t sell or rent them but we include them for free to make the device usable.6.2 If you opt for the “Europe Pack”, you acknowledge and agree that the Italian operator we use uses the networks of other European operators to provide coverage outside Italy. The list of the countries covered and the operators used is available on the witourist.com website. In this case, the term "Operator" identifies both the Italian operator and the European operators used outside of Italy
6.3 You are fully responsible for using data associated with your device and agree to exclude us from any abuse or wrongdoing until the order is closed. You must inform us immediately of any WiFi device loss and/or theft so we can deactivate data as soon as possible. In this case, your liability ends only when we deactivate data.
6.4 You acknowledge and agree that, according to Italian law, we must keep your data for 10 years and provide them to the competent Authority if requested. For this purpose, we identify every device that uses data with a code and register the code of the device you rent.
6.5 You acknowledge and agree, releasing us from any liability and obligation, that the mobile data connection is not homogeneous, is not extended to all areas, can be less performant in some areas, and that for technical problems and/or for maintenance of its infrastructure, the Operator can stop or limit the connection in specific areas without notice.
6.6 In case of an "unlimited" data plan, you acknowledge and accept, releasing us from any liability and obligation, that the Operator can block data if its "fair policy" is violated, including data usage significantly higher than their average values. If the Operator blocks data, we will ask them to reactivate it as soon as possible without further obligations to you. If you don’t want to wait until the reactivation, you can request an early return under the conditions of Art.4.1 B. To try to avoid such interruptions by the Operator, if data usage exceeds 20 GB per day for three (3) consecutive days, we can apply our "fair policy" to limit usage to 20 GB per day in the following three (3) days.
6.7 Data monitoring, both for devices with preset daily traffic and for those with unlimited traffic, is continuous and is based on traffic in the previous 24 hours. If you exceed the established limit, the data connection is deactivated immediately and reactivated the following day at 00:00 UTC.
6.8 The “Europe Pack” data allowance is calculated from the first day of rental to the last day of the calendar month. If you reach it, data is deactivated and reactivated on the first day of the following month. If you don’t want to wait until the reactivation, you can request an early return under the conditions of Art.4.1 B.
6.9 SIM cards are closed off by a security seal. If you remove it, we will apply the penalty provided in Art.7.1 F. The SIM is automatically deactivated if you try using it on a different device. In this case, we will reactivate it after payment of the penalty provided in Art.7.1 F and no refund is provided for non-usage days.
7 - PENALTIES AND RENTAL INSURANCE
7.1 In case of non-compliance with the conditions outlined in this Agreement, you acknowledge and agree to pay a penalty as follows:A - Device not returned, or transferred abroad, or damaged: “5G Office” €150, “5G Pro” €90, “4G Pro” € 50, Power Bank €10, Car Charger €6;
B - Wall charger not returned or damaged €12;
C - Cable not returned or damaged €8;
D - Loss of one or more items of the return packaging €8;
E - Order modification €5;
F - Security seal tampering €15;
G - Late return: 30% of the rental rate in force.
7.2 Depending on whether you activated or not the “Insurance” option, penalties are applied as follows:
A - “Insurance” not activated:
You pay a deposit. Upon assessment of the device's condition, we will refund the deposit within two (2) working days. In case of application of penalties, we will retain the amounts from the deposit and refund the difference. If the penalties exceed the deposit, we will send you a payment request for the difference, to be paid within two (2) working days.
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 competent Authority;
- 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. In case of a penalty, we will send you a payment request to be paid within two (2) working days. According to Italian anti-terrorism laws concerning devices providing data, if you don’t complete the payment within this period, the device will be considered stolen, and we will have to file a complaint with the Italian Authority.
8 - JURISDICTION
8.1 You acknowledge and agree that any dispute will be under the jurisdiction of 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.