This Rental Agreement – T&C establishes the conditions under which we will provide the services offered through the MIOWIFI.com website (“the Website”).
This Rental Agreement – T&C is a contract between you and MIO Experience Europe SL, registered in Spain, NIF ESB27873215, with the trademark MIOWIFI (“Company”), and covers all rentals made in accordance with this Website.
BEFORE YOU CLICK THE “ACCEPT” BUTTON, PLEASE READ CAREFULLY THE TERMS AND CONDITIONS SET FORTH HEREIN.
BY CLICKING THE “ACCEPT” BUTTON, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT CLICK “ACCEPT” AND CONTINUE YOUR USE OF THIS WEB SITE.
WE RESERVE THE RIGHT TO MODIFY THIS RENTAL AGREEMENT AT ANY TIME. ANY CHANGES WILL APPLY TO FUTURE RENTALS AFTER THE DATE SUCH MODIFICATION TAKES EFFECT.
1. Nature of Services
The Company provides a portable wireless router rental service (the “Router”), along with user guides and accessories (collectively, the “Equipment”) for travelers planning to visit the Americas, Europe, Asia, Africa, Oceania or other international destinations covered by the Company.
2. Eligibility to Rent Equipment
Although our Equipment may be used by travelers of any age, we may only rent it to adults who are at least 18 years of age, and are fully able and competent to accept the terms, conditions, obligations, obligations, affirmations, representations, statements and warranties set forth in this Rental Agreement, and to abide by and comply with the terms set forth herein.
3. Rental Period
When you place an order to rent the Router, we will ask you for the Rental Start Date and the Rental End Date for each country that contracts the service.
The Rental Period begins on the rental start date (“Rental Start Date”) and ends on the rental end date (“Rental End Date”).
When you place an order to rent the router we will ask you to select the delivery method. If you choose Home Delivery, you will be asked to designate an address to which the Equipment will be delivered.
The Equipment will be shipped to your designated address prior to your departure to your destination. Upon receipt, it is your responsibility to inspect all Equipment and verify that it is in good working order.
In the event that we deliver the Equipment to you prior to your designated Departure Date and you are unavailable to accept or do not accept delivery for any reason, such Equipment will still be deemed accepted and you will remain responsible for the return of the Equipment and all charges. It is your responsibility to ensure that you are available to receive and accept delivery of our Equipment.
In the event of loss and damage to the Equipment, during shipment, prior to delivery to your designated address, the Company will be responsible and liable for all associated costs.
5. Use of the Equipment
You agree to exercise reasonable care in the use of all Equipment, and to handle it in accordance with the user’s guide.
You further agree not to do any of the following (a) make repairs or modifications to, or in any way alter the Equipment; (b) remove or alter any certification marks affixed to the Equipment; (c) share the Equipment with any third party, or allow such third party to use the Equipment, with the sole exception of a family member, companion or friend accompanying you on your trip; (d) dispose of the Equipment; (e) grant any interest in the Equipment to any third party; or (f) use the Equipment for any unlawful purpose.
All returns must be made in the same country in which the Equipment was delivered, by local mail or other generally recognized courier service, in accordance with our return instructions, no later than three (3) business days after the Rental End Date.
The Equipment must be returned in good working condition.
In the event that You deliver on Your own in the country of delivery of the Equipment or from another country, not using our return instructions, You assume all risk of loss and damage arising from the return of the Equipment to Our designated address. Therefore, we recommend that you choose “certified shipping” whenever possible. In such case You agree to pay all return shipping charges at the time of rental. You agree to assume responsibility for and pay all return shipping charges for the return of the Equipment.
7. Charges and Fees
(a) Rental Charges. Rental fees for the use of our Equipment are calculated as of the Rental Start Date and end on the Rental End Date. Our current rental rates are posted on our Website and are subject to change without notice. Please note that we do not apply any credits or refunds for partial days of use; all partial days will be treated as full days for our billing purposes.
To place any order, we require a credit card to prepay all charges. The credit card information will be kept on file until the end of the Rental Period in case further charges are necessary.
(b) Service Charges. Usage charges must be paid in advance in accordance with the current airtime and data rate schedule posted on our Web Site. You are responsible for any charges related to usage outside the areas covered by the network specified on MIOWIFI.com, and for charges related to usage outside the regions for which the purchased service was intended.
(c) Late returns. All returns must be shipped on or before the third (3rd) business day following the Rental End Date. In the event the Equipment is received with a ship date more than 3 business days after the Rental End Date, a daily penalty of $9.95USD per day of late return will apply.
If the Company does not receive the Equipment within 15 business days after your Rental End Date, you will incur a final penalty charge for the loss of the Equipment.
If for any reason you are unable to return the Equipment to us, including but not limited to the Equipment being lost or stolen during the Rental Period, then you must contact us immediately, so that you do not incur additional late charges.
If the Equipment is returned to us after we have collected the loss penalty, we will immediately offset the charge at the rate corresponding to the number of days your device is considered overdue.
(d) Duty/Tax Charges. Deliveries or returns from non-EU countries (e.g., Switzerland, Norway) or countries other than Argentina and Mexico may be subject to customs / tax charges. You will be responsible for such charges.
(e) Loss, Theft or Damage. Subject to Section 7, you are solely responsible for any loss or damage to the Equipment during the Rental Period. Any charges for damage or loss of the Equipment will be billed directly to the credit card used at the time of purchase. Charges are broken down as follows: USD 190 per MIOWIFI device and USD 10 per case. In the event that all Equipment is lost or damaged, the total charge to be paid is 200 USD.
Damaged Equipment means equipment that is no longer suitable for reuse, including cosmetic damage that significantly impairs the user experience (e.g. a cracked screen).
Please note that we reserve the right to initiate collection proceedings against you in the event that you fail to return the Equipment to us as stipulated in this Rental Agreement or fail to pay any service or damage charges or late fees incurred by you. If it becomes necessary to initiate collection proceedings against you, you agree to pay our costs of collection, including, without limitation, reasonable attorneys’ fees. Any late fees charged by us will not waive any other rights or remedies you may have under this Agreement.
You may cancel your rental at any time, there is no cancellation fee. Please contact us to confirm cancellation. If your device has already been shipped, we will not be able to reimburse you for the shipping costs involved. We are also unable to reimburse you for the days of use of the device. If you already have the device, you must return it to us immediately.
9. Ownership of Equipment
By using this service, you agree and acknowledge that you are renting the Device for travel purposes only, and that you will not acquire any rights to the Device. You agree that we will retain all ownership of the Equipment, including but not limited to user manuals and accessories.
10. Customer Warranty
If you are renting this Equipment on behalf of an entity rather than for your personal use, you represent and warrant that you are fully authorized to enter into this Agreement on behalf of such entity, and to bind such entity to the terms and conditions set forth in this Rental Agreement. You further represent and warrant that you are not committing any fraud or misrepresentation in entering into this Rental Agreement.
11. Company’s Warranty
The Company warrants that the Equipment will be delivered in good working order and will continue to function properly during the term of the Rental Period.
In the event of a breach of the Company’s Warranty set forth in Section 11 above, our sole liability and your sole and exclusive remedy shall be to repair or replace the Equipment at our expense. If we replace the Equipment, you will receive the same or reasonably similar Equipment for use for the remainder of the Rental Period. It is your obligation to notify us immediately in the event you experience any problems with your Equipment.
13. Disclaimer of Warranties
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 11 ABOVE, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTY, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ORAL OR WRITTEN, WITH RESPECT TO THE EQUIPMENT OR THIS RENTAL AGREEMENT. WE DO NOT ENDORSE ANY THIRD PARTY NECESSARY TO PROVIDE OUR SERVICE AND CANNOT GUARANTEE OR MAKE ANY REPRESENTATIONS ABOUT THE QUALITY OF THEIR SERVICES. WE CANNOT GUARANTEE THAT OUR EQUIPMENT WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT IT WILL WORK PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ANY THIRD PARTY SERVICES YOU ACCESS THROUGH THE ROUTER WILL BE UNINTERRUPTED, ERROR-FREE OR MEET YOUR NEEDS. THE COMPANY IS NOT RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY OR PERFORMANCE OF THIRD PARTY SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES WITH RESPECT TO THE EQUIPMENT, OUR RENTAL SERVICES AND ANY THIRD PARTY SERVICES ACCESSED THROUGH OUR ROUTER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR YOUR USE OF THE EQUIPMENT AND YOUR RELIANCE ON THIRD PARTY SERVICES. While we will use our best efforts to delete all personal information left on the returned Equipment, we cannot be responsible for ensuring the protection of personal information left on the returned Equipment. YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR DELETING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED UNDER THIS RENTAL AGREEMENT.
14. Consequential Damages; Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT OF GOODS AND SERVICES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES OUT OF ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WE AGREE THAT THESE LIMITATIONS SHALL SURVIVE AND APPLY EVEN IF ANY OF THE LIMITED REMEDIES SPECIFIED IN THIS AGREEMENT ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. Our total liability to you for all causes of action and under all theories of liability shall be limited to and shall not exceed the total amount of all fees paid by you under this Rental Agreement. This limitation shall apply notwithstanding the failure of the essential purpose of any remedy hereunder.
By accepting this Rental Agreement, you agree to indemnify, defend and hold harmless the Company, our officers, directors, employees, independent contractors, representatives, agents and other customers from and against any claim, demand, loss, cost or expense, including, without limitation, reasonable attorneys’ fees, relating in any way to (a) your breach of the terms and conditions of this Rental Agreement; and (b) any dispute between you and any third party service, which you have purchased through our router.
We reserve the right to discontinue our rental services or to terminate and/or modify this Rental Agreement at any time at our sole discretion. The expiration or termination of this Rental Agreement shall not relieve you of any payment obligations under this Rental Agreement. The terms of this Lease shall survive expiration or termination. You may not assign or transfer any of your rights or obligations under this Rental Agreement without our prior written consent. You agree that we may assign this Rental Agreement without notice in the event of a merger, acquisition or sale of all or part of our business. No waiver of any breach of the terms of this Rental Agreement, regardless of its duration or frequency, shall be deemed a waiver of any subsequent breach of this Rental Agreement, nor shall any delay or failure to exercise any right, power or privilege under this Rental Agreement be deemed a waiver of any such right, power or privilege. If any provision of this Rental Agreement shall be held to be unenforceable or in conflict with the laws of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of such provision shall be construed, to the extent possible, so as to render the provision enforceable. In the event that no feasible interpretation shall save such provision, such provision shall be severed from the remaining terms of this Rental Agreement, which shall remain in full force and effect. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings, whether written or oral.
17. Privacy Notice
Private data in the form of usage (data consumption) cannot be retrieved by the Company for a period longer than one (1) week, and requests for the same must be made no later than one (1) week after the end date of the rental – subsequent requests will not be processed. Any requests for a period in excess of one (1) week are at the sole discretion of the Company to accommodate or not, and the Company reserves the right to impose a fee to cover the costs of such requests. These restrictions are the result of this form of private data not being held by the Company; instead it is recorded by the relevant mobile network operator used during the rental period.
By purchasing the service offered by the Company, you agree to receive promotional messages related to similar products and services we offer.
18. Discount Coupons.
Discount coupons must be used at the time of purchase and cannot be redeemed for credit on previous purchases. Discount applies to rental rates only. To use it, enter the coupon in the text field indicated on the checkout page of the purchase process (“Do you have a coupon?”), and click “Apply discount”. The discount will be immediately visible in the order summary box.
19. Force Majeure.
In the event that we fail to perform any of our obligations under this Agreement due to an “act of God,” or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed a breach of this Agreement, provided that we notify you of the existence and nature of the reason for our failure and delay, and resume performance immediately upon the conclusion of the relevant force majeure.
20. Applicable Law – Dispute Resolution
This Rental Agreement is governed by Argentine law, without regard to conflicts of law principles. All disputes arising under this Rental Agreement shall be submitted to binding arbitration in Buenos Aires, Argentina, in accordance with the Rules of Arbitration of the International Chamber of Commerce, by an arbitrator chosen by mutual agreement between you and the Company in accordance with such Rules.
The costs of the arbitration, including administrative and arbitrators’ fees, shall be shared equally by you and the Company. The arbitration award shall be final and each party shall comply in good faith with the entry of the arbitration award in any court having jurisdiction.
If enforcement or judicial review of the arbitrator’s decision is sought, the prevailing party shall be entitled to costs and reasonable attorneys’ fees. For the avoidance of doubt, all claims you bring against the Company shall be resolved in accordance with this Section 19. All claims brought or asserted against the Company contrary to the provisions of this Section 20 shall be deemed improperly brought. In the event that you file a claim contrary to this Section 20, you agree that the Company may recover attorneys’ fees and costs up to $2,000, provided that the Company has notified you in writing of the improperly filed claim and you have not properly withdrawn it.