Terms & Conditions
The following terms and conditions shall apply to all services rendered by StayInWifi, here after referred to as StayinWifi, in connection with the mobile hotspot rental service.
Only StayInWifi general terms and conditions shall apply in the valid online version at the time of the order (www.stayinwifi.com) . StayInWifi may accept variant clauses only in the case of explicit written agreement.
2. DESCRIPTION OF SERVICES
2.1 MOBILE HOTSPOT RENTAL
StayInWifi rents out mobile wifi hotspots can be used simultaneously by ten people (or ten devices), without paying data roaming charges. First step is to book on www.stayinwifi.com. In case of extra fees (loss or damage), Customer will be charged 7 days after the end of the rental agreement.
Calculation of the price of “damaged or lost devices” is explained under Sec. 4
2.2 REGISTRATION FOR USING STAYINWIFI SERVICES
The customer must fill a form to use StayInWifi directly from the web browser under www.stayinwifi.com. To register for our services, the customer has to provide the following information:
– First and Last Name
• An address (billing address)
• An email address
• A mobile phone number
• A copy of an official document like passport, driving licence, ID
-A resistance adress
2.3 STAYINWIFI ENGAGEMENTS
StayInWifi shall use reasonable endeavours to provide Customer with the Services and to ensure the security of Customer’s communications at all times. However, due to the nature of mobile technology, it is impossible to provide an uninterrupted, fault-free service.
StayInWifi shall in particular not be liable, or otherwise legally responsible, where access to the Network is interrupted or limited due to a suspension (provided that this is temporary only); or downtimes of public telecommunication or power facilities; or special local conditions (e.g. use in trains or underground). StayInWifi’s Network Partner may suspend Services: (i) in order to carry out maintenance or testing of the Network; (ii) during any technical failure of the Network, (iii) when it is necessary to safeguard the security and integrity of the Network or to reduce the incidence of fraud; (iv) where it identifies Artificially Inflated Traffic; or (iv) due to Emergency Planning Measures. StayInWifi shall endeavour to keep all such suspensions to a minimum and shall give Customer notice of such suspensions where reasonably practicable.
2.4 CUSTOMER ENGAGEMENTS
Customer shall not:
a) use any Equipment or Services for any purpose that is abusive, illegal or fraudulent; or
b) do anything that causes the Network to be impaired or damaged.
2.4.1 Customer agrees to the rental terms as stated in the Agreement. Except as otherwise provided therein, the following shall apply:
Equipment will be delivered in accordance with Sec.4. Upon delivery, the Customer shall promptly inspect and test the Equipment. The Customer shall promptly notify StayInWifi of any non-conformities detected upon such inspection or during later use. Unless Customer is a Consumer, it shall, in the absence of such notice, be deemed to have approved of such non-conformities. The Customer shall at its own cost:
a) assume all responsibilities as the possessor and user of the Equipment;
b) hold StayInWifi harmless of (a) any public or private cost, fees, levies and/or taxes, arising from holding and/or using the Equipment, and (b) any claims asserted by third parties, including public authorities, in connection with its use, operation or holding of the Equipment, except to the extent that such claims are Imputable to StayInWifi;
c) maintain the Equipment free of any security interest, encumbrance, or any other third party interference,
d) reasonably protect the Equipment against the risk of destruction, damage, and/or loss through fire, theft, burglary, electricity and/or water;
e) maintain the technical environment for operation of the Equipment in accordance with the accompanying documentation;
f) maintain the Equipment in an orderly and functional state, and arrange for repair of any damage to the Equipment which is Imputable to the Customer.
2.4.2 Upon termination of the Agreement, the Customer shall promptly, at its own cost and risk, return the Equipment to a delivery address within Europe specified by StayInWifi. Prior to return of the Equipment, the Customer shall at its own cost, restore the original technical state of the Equipment and repair damage which is Imputable to the Customer. If Customer fails to do so, StayInWifi may, at StayInWifi’s option itself repair such damage and invoice the cost to the Customer. The foregoing claim shall expire unless StayInWifi notifies the Customer of the claim in writing within four (4) weeks from return of the Equipment.
2.4.3 Where Customer is in breach of its obligations under this Sec. 3, StayInWifi shall be entitled to suspend the Customer’s use of the Services. Before exercising this right, StayInWifi shall notify the Customer of its intention to do so where this is reasonably practicable, allowing an opportunity to remedy the alleged breach (where it is capable of remedy); otherwise StayInWifi shall notify Customer as soon as reasonably practicable after the suspension. During any period of suspension, Customer shall continue to pay all Charges due under this Agreement in respect of the suspended Services.
3. START, DURATION AND TERMINATION OF THE CONTRACT
The service contract between StayInWifi and the customer takes place with the order at StayInWifi website www.stayinwifi.com and with the following assumptions by StayInWifi: our mobile hotspots may be rented by the customer for a specified number of days and requires the customer to pay a daily rental fee from the date of the rental start, to the date of return. The contract ends as soon as the customer returns the rented mobile hotspot after the end of the rental period. The customer is strictly forbidden to make changes to the device or to change or remove any part of the device related to the ownership of the device by StayInWifi.
4. CHARGES AND PAYMENT
4.1 CHARGES FOR USE
a) StayInWifi states all Charges inclusive of VAT, unless specified otherwise.
b) StayInWifi maintains the right to debit the Customer the amount due for a late return of the Equipment in accordance with Sec. 4.2.
c) If Customer reasonably and in good faith disputes an invoice or part of it, Customer shall notify StayInWifi of such dispute within 14 days of receipt of the invoice, providing details of why the invoiced amount is incorrect and, if possible, how much Customer considers is due.
d) StayInWifi may require a reasonable security, such as a credit card guarantee, from the Customer upon conclusion of the Agreement for claims under Sec. 4.2. For this purpose, StayInWifi will ask for authority from the card issuing company for an amount equivalent to the Replacement Fee. In the events described in Sec. 4.2, StayInWifi may use the credit card information to charge the Customer for the Equipment’s use, replacement or repair.
e) The Customer shall not be entitled to set off any of its claims against claims of StayInWifi, except where the Customer’s claims are undisputed or have been confirmed by final court judgment. Unless the Customer is a Consumer, the foregoing shall also apply to any right of retention under civil or commercial law, and in particular to any deductions from recurrent payments to StayInWifi based on alleged non-conformities of Equipment or Services. The foregoing shall not limit the Customer’s claim for repayment of any amounts paid but not actually owed to StayWifi after such payment to StayInWifi.
4.2 CHARGES FOR LOSS AND DAMAGE
The customer is solely responsible for all loss or damage to the equipment during the rental period. For the case of loss or damage of each device a deposit of EUR 150 must be secured and is retained in the event of a claim.
In case of a claim, the following amounts will be used:
• Full loss: EUR 100
• Device only: EUR 80
• Charger: EUR 10
• Powerbank EUR 20
• Cable: EUR 5
• Case: EUR 5
The customer is responsible for checking that the delivery mode he chose is compatible with the date of order and the first day of rental. It is the customer responsibility to make sure that the mobile hotspot’s delivery will be accepted. If the delivery address entered by the customer during the booking phase is not his own address, it is the customer’s responsibility to warn the hotel (or office, third party…) so that they accept the delivery on his behalf.
Mobile hotspots lost because of a wrong and/or incomplete address provided by the customer will be charged to the customer following the amounts defined in paragraph 4.2 (Charges for loss and damage).
The shipping costs include the delivery to the designated address. The shipping costs are calculated individually and are shown separately during the online-registration and order process.
a. Device cannot be used by any user other than the Customer or her / his close family members. When using the Device by minors, it is advisable to have adult supervision since the costs incurred by such use if any damage occurs will be the responsibility of the Customer who signed the Rental Agreement. Device should only be used in the country where it was rented, being forbidden to use it in any other country. If used in another country, the customer is responsible for paying the charges for the Device, including roaming charges and other costs associated.
b. Device cannot be sub-leased.
c. The Customer cannot perform illegal activities or cause damage to equipment, loss of software or breach of security of any computer software or mark as well as utilizing the Device for illicit purposes.
d. Any use of the Device that may harm the good name of the Company [or, the brand of the Device], gives the Company the right to automatically terminate the rental agreement with immediate effect and claim for compensation of direct losses and damages incurred on the Company.
In particular, the Customer may not use the Device under any of the following conditions or for any of the following purposes:
• Close to inflammable or dangerous goods, as well as toxic, corrosive, radioactive or other harmful substances,
• Carrying anything which, because of its smell or condition, harms the Device or causes Company to lose time or money before it can rent the Device again,
• Connect any accessory (subject to prior authorization by the Company ), unless supplied by the Company
• To conduct illegal activities or cause damage to equipment, personnel, loss of software or violate the safety of any software or brand.
• For intentionally committing any offence.
The Customer will be liable for any offence committed during the rental period which relates in any way to his/her use of the Device, as if the Customer were the owner of the Device. Upon the request of the Police or any official or administrative body the Company may have to transfer the Customer’s personal data. Such transfer will be done in accordance with the data protection regulations of the country of rental.
The Equipment shall be returned to the location specified in the booking form unless otherwise specified by the customers who staying outside of Istanbul shall put the Equipment in the cargo bag and deliver it to the reception of the hotel.
If the equipment is returned to a point other than the one specified in the booking form, the Customer accepts all possible costs incurring because of this inconvenience.
Changes on return address, which will be made after the delivery of the equipment, shall be notified to customer forty- eight (48) hours prior to return. The Costumer undertakes to pay all damages that resulted from change of the return address.
Equipment shall be returned in the same condition it was delivered without any missing parts and in good working order.
7. RESERVATION OF TITLE AND USAGE
The StayInWifi mobile hotspot device shall always remain the property of StayInWifi. Any notes on the devices may not be changed or removed or be disguised. The customer is only entitled to use the device for purpose stated in this contract. Any use of the StayInWifi mobile hotspot contrary to the purposes described herein is prohibited. It’s strictly forbidden to customer to remove or change any parts of the device. The device could not be used with any other SIM card than the provided one.
On the consignment of the mobile hotspot an instruction sheet is allocated to the customer. The customer must use the device carefully. The customer must pay for damages on the devices. Your cards are saved in bank system to provide you easiness in your next reservation. Stay in Wifi works with İş Bankası (ISBANK), pioneer bank in Europe. Your cards are saved safely. Your cards are saved with encrypted format. So no one can reach your card information (Number, CVV etc.), including executive managers of the company.
8. REFUND / CANCELLATION
8.1 REFUND / CANCELLATION / MODIFICATION POLICY
The customer may cancel any reservation at any time at no charge until the device is shipped. This means 3 business days before start date for “Standard” delivery.
It’s not possible to modify, shorten or extend his rental.
It is your responsibility to track your consumption using tools on your equipment (smartphone, tablet or laptop) as the consumption reports we have can sometimes come a couple of days after the consumption.
All data provided by customers during the rental and usage of the StayInWifi equipment will be protected corresponding to the relevant terms of privacy regarding customer data. All customer provided data saved by StayInWifi, will be explicitly used for purposes of contractual fulfillment and to inform the customer about products related to their contractual agreement. In this regard the customer agrees explicitly, that they approve and agree to the mailing of such information, also for marketing purposes and in electronic form, e.g. via email. A revocation of consent may be served at any time, but must be made in writing to StayInWifi, stating the affected email addresses.
10. LIABILITY AND WARRANTY
StayInWifi is not responsible for detriments arising as a result, that the proposed service is not or not constantly available, unless StayInWifi must take responsibility for damages as a result of serious negligence. StayInWifi provides no guarantee for the constant availability of the relevant services of StayInWifi. StayInWifi will use its best efforts to ensure that the availability of the respective services provided reach the greatest possible level of service; particularly StayInWifi will exchange defective WIFI devices immediately, and will not settle for days or periods of non-usability.
11. FINAL PROVISIONS
These Terms shall be governed and construed in accordance with the laws of Europe, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Our business address is:
Şair çelebi sokak 1/8 Kağıthane/Istanbul