LEGAL CONDITIONS OF USE AND SUPPLY OF EQUIPMENT IN RENT
The acceptance of the current legal conditions, it means that it has been read, understood, recognized and accepted the same ones, and that are of obligatory compliance on the contracting parties.
THE CONTRACTORS PARTS:
On a part, - the entity RENTAWIFISPAIN, S.L. (from now on, EASYMIFI), registered office in Seville (Spain) C/Ibiza 2, 4C, (C.P. 41016), and Vat Number B-90.029.158, inscribed in the Mercantile Record of Seville, Volume 5597, page 52, sheet S-94892, in its condition of supplier.
On another part. - The client and / or user, whose identity details remain registered in the record of the website, previously to the acceptance of these legal conditions, in its condition of final consumer and / or renter (from now on THE CLIENT).
Any contributor company of EASYMIFI that participate in the promotion of the supply of the equipments object of this contract, and / or of its delivery and collection of the product, they are not a part of this contract, for what concern of the same ones, THE CLIENT does not establish a contractual relation due to the subscription of the present conditions of use and supply in rent of the commercialized products by RENTAWIFISPAIN, S.L., the only contractor opposite to the same one and liable party by the present document.
The implied parts, are recognized sufficient and necessary legal capacity to sign the present contractual document, and undertake for the same one, and to that end.
FIRST. - THE CLIENT is interested in the use and supply in rent on behalf of EASYMIFI of a wireless router with data package included, its accessories and guide of user (from now on THE EQUIPMENT), in order to having access to Internet in Spain in the conditions that are showed on EASYMIFI's web (www.easymifi.com), and this last one in the transfer of use and supply of THE EQUIPMENT to THE CLIENT, therefore accept the present conditions of use and supply in rent.
It will be a requirement to effect the current contracting, to have legal age (18 years) with sufficient legal capacity to accept the terms, obligations and established guarantees in the current legal conditions. THE CLIENT, is the direct responsible of the use made of the supplied equipments, as much as this one, as from third parties on their charge, or non adults, so EASYMIFI won´t be responsible at any time opposite to third parties of the use made of the same EQUIPMENT.
SECOND. – CONTRACT OBJECT. - THE CLIENT receives in EASYMIFI's rent, the product named THE EQUIPMENT, whose description is listed in the booking details and in EASYMIFI's WEB (www.easymifi.com), in the agreed period and conditions of use, in perfect condition of functioning, compromising himself to its conservation and to use it with the proper diligence, fulfilling the legislation applied and the general conditions of use that are showed in the current document.
THE EQUIPMENT and the description of these that in every moment EASYMIFI offers is the one that is published at every moment in the corporate web (www.esaymifi.com), except express mention on the opposite, being the same the binding agreement. However, any reference to brands or models related to routers, are illustrative of a category and at any case it forces EASYMIFI to deliver in fulfillment of this document the brands and models specified in the web, but anyone with the same characteristics and benefits.
The unlimited data package is offered with a reasonable use policy. The contract may be canceled in advance, previous information to the client, in case of improper use: massive downloading of data, cloning of SIM, use for security camera or unusual patterns of consumption that are not consistent with normal use.
The routers have disabled and blocked the option of sms messages, not being allowed the use of the same ones for the sending of this type of sms messages, in case the client obtains the access to this option due to any mistake or manipulation, he will have to take care with the expenses of use that he mades due to this electronic messaging option.
THIRD. - FORMALIZATION AND EFFECTS OF THE CONTRACT. - The formalization of the current contract is effected under the fulfillment of the booking of THE EQUIPMENT, through EASYMIFI's website(www.easymifi.com), and the data transmission acceptance of the current legal conditions.
Once made the same one, EASYMIFI will provide to THE CLIENT an order number with the booking details with a telematic sending to the e-mail address provided by THE CLIENT, being a responsibility of this one to provide correctly the sending address, and recovering the same one. Equally, and to the same e-mail address, EASYMIFI will send in digital format a receipt of THE EQUIPMENT rented where it will be showed the order number , the receipt mentioned above will be transformed in legal invoice by request of THE CLIENT, that it will be sent in digital format to the same e-mail.
The collection of THE EASYMIFI EQUIPMENT by the CLIENT by an establishment or an authorized Partner by EASYMIFI means the complete acceptance, spoiled and informed of the current legal conditions of use and supply, included the support in which itself is formalized, not being precise the physical or digital signature of THE CLIENT to give validity or binding efficiency to the contract, in case the booking has been made previously in EASYMIFI's WEB (www.easymifi.com). In case of the rent of THE EQUIPMENT through a collaborator company of EASYMIFI, THE CLIENT will be undertaked in the moment of the collection of THE EQUIPMENT to sign a document to that effect, that will contain a summary of the essential clauses of this document as a sign of acceptance of the same ones.
FOURTH. - IDENTIFICATION OF THE SUPPLIED PRODUCTS BY EASYMIFI AND DELIVERY WAY TO THE CLIENT. - EASYMIFI's products will be offered to THE CLIENT as much in the website (www.easymifi.com), as in the offices of contributors companies; hotels, rent a car agencies, travel agencies, etc., as well as in authorized desks of EASYMIFI.
The way of delivery and / or collection of THE EQUIPMENT will be detailed at the same moment the booking is done, being registered in the website (www.easymifi.com).
When in the renting operation of THE EQUIPMENT it has been agreed the delivery of the same in an establishment or offices of a collaborator company of EASYMIFI, at the moment of his collection THE CLIENT will have to give the order number and also has to provide to the person in charge to do the delivery of THE EQUIPMENT a passport, or a valid ID card, as well as a valid credit or debit card, in that case THE CLIENT has to be the same owner of the credit card, passport or ID card.
FIFTH. - DURATION OF THE CONTRACT AND MODIFICATIONS OF THE CLIENT. - The duration of the contract will be showed at the booking details of THE EQUIPMENT, and they will remain registered at the moment of doing this in the web, and with the sending of confirmation e-mail to THE CLIENT by EASYMIFI, where it will be specified, the days of rent, included the day of delivery and the day of return of THE EQUIPMENT. The days of rent will be calculated by calendar days, with independence of the hour of collection and / or delivery of THE EQUIPMENT, so the charge of the rent will be done from 00:00 hours of the day of the delivery independently of the hour in which really it is made or delivered, until 23:59 of the day in which THE EQUIPMENT is returned in an office of a collaborator company of EASYMIFI or the previous day when it will be collected by a messenger company in the place and day indicated in the booking.
The obligations of the current contract are born and come into force from the moment in which the payment is done by THE CLIENT of the rent of THE EQUIPMENT. If THE CLIENT decides to cancel the same one, or reduce the initially expected duration, EASYMIFI will return the agreed initially total amount, or will reduce this one proportionally to the new duration, without prejudice to the application of the following cancellation fees:
- No cost is charged if cancelled within 72 hours before the rental start date.
- 15'00 Euros including VAT, if cancelled less than 72 hours before the rental start date.
If THE CLIENT communicates to EASYMIFI his wish to extend the time of rent of THE EQUIPMENT, before the finalisation of the time initially agreed, it will be able to do it always depending on the availability of the same, previously confirmed by EASYMIFI, and payment of the amount that the mentioned extension supposes, new contractual commitments will be generated in novation of the previous ones.
THE CLIENT, will be able to request a change in the ownership of the rent of THE EQUIPMENT to a third party, being an obligation of THE initial CLIENT to provide to EASYMIFI in writting notification with the complete identification of the third contractor, including at this case his e-mail address, as well as information of a valid card.
SIXTH. - RETURN OF THE EASYMIFI EQUIPMENTS. - THE CLIENT will return THE EQUIPMENT in the same conditions of use that it was delivered to him, as much related to the case or box ,as well as complementary elements (chargers and wires), and as well as the guide of use, in such a way that THE CLIENT won´t be able to modify any technical characteristic of THE EQUIPMENT and won´t be able to do any modification of its exterior and / or interior look.
THE CLIENT will assume the necessary expenses of repair or adjustment to return THE EQUIPMENT with its original condition, without prejudice of the hurts and prejudices caused to EASYMIFI derivative from the reconditioning of the product for the time that the same one had to be immobilized, as well as any other one caused to EASYMIFI.
THE CLIENT will have to return THE EQUIPMENT in the place designated in the booking, which remains registered in the record of the WEB platform, and in the confirmation e-mail of sending and booking sent to THE CLIENT by EASYMIFI. The return of the product in a different place from the designated one, the neglect, loss or theft of the same one, authorizes EASYMIFI to demand to THE CLIENT the amount of the rent corresponding to the extra days necessary for the recovery of the product and the implementation for its rent in the point of delivery foreseen in the booking, to the economic limit of the deposit paid with the booking.
Without prejudice of the previous thing, EASYMIFI reserves itself the right to lodge the pertinent legal actions due to the disappearance or not returning of THE EQUIPMENT, opposite to THE CLIENT, being of his responsibility any juridical or legal consequence that could originates from the mentioned disappearance or bad use of the same one.
EASYMIFI will proceed to the unblock of the deposit for the amount of 70,00 Euros done at the moment of the booking, once is made the return of THE EQUIPMENT and the checking of the use and conservation conditions of the same one.
SEVENTH. - PRICE AND PAYMENT WAY - THE CLIENT is forced to pay for the rent of THE EQUIPMENT to EASYMIFI, delivery and return of the same ones, in acceptance with the current rate that EASYMIFI publishes at every moment in its WEB (www.easymifi.com), and whose final price is showed in the booking, and that is previously informed to THE CLIENT .
All prices, except express indication in the opposite way are showed in Euros, and VAT, IGIC or other taxes that are legally applicable at every moment are included.
The application of the agreed rate initially is subordinated to the return in the same conditions in which THE EQUIPMENT was delivered in the agreed place, date and hour indicated in the booking by THE CLIENT.
EASYMIFI is expressly authorized by THE CLIENT to realize with posteriority in finalisation of the rent of THE EQUIPMENT, by an electronic payment system or any other payment system to do the charges for the following concepts:
a. The derivatives of the modification of the duration of the contract, of its cancellation, when the same ones had not been paid previously by THE CLIENT.
b. The derivatives of the repair of the damages suffered by the different elements that constitute THE rented EQUIPMENT, regarding to the indicated in the WEB booking, always that THE CLIENT had not acted accordingly to the stipulated in the applicable underwriting contract.
c. The derivatives of the replacement of the elements that constitute THE rented EQUIPMENT, that had been lost or removed, always that THE CLIENT had not acted accordingly to the stipulated in the applicable underwriting
Regarding to letters b) and c) , the maximum responsibility of THE CLIENT will be 70,00 Euros, taxes included.
Payments will be done by a payment platform included in the WEB www.easymifi.com, enabled to the effect for payments with credit or debit cards authorized for electronic commerce, or across Paypal account, without prejudice of request of payment with bank transfer.
The payment of the rent and of the different additional concepts will be effected always in the legal currency of the European community (€ Euro), without prejudice of the acceptance of the payment of the operations with credit or debit card, which it will be subordinated to the conditions of change that the entities of the above mentioned ways of payment have agreed with THE CLIENT, without it concerns the final price in € Euros fixed on the booking and accepted by this one toreceive it at every moment by EASYMIFI.
EIGHTH. - RIGHT OF CANCELLATION. - EASYMIFI reserves the right to solve this contract in advance with immediate effect and without any type of indemnification to THE CLIENT, if information will come to its power on the lack of economic and financial solvency of the same one, to assume the costs of the actual contract and the rest of obligations related to this.
Equally, it could be object of a resolution in advance on the behalf of EASYMIFI, if THE CLIENT breaks the conditions of use and rent that has been signed by him, or doing a not authorized use of THE EQUIPMENT.
The fact that in certain cases the personal details of THE CLIENT are introduced in EASYMIFI's system by staff of collaborator companies doesn’t distort the exposed in the previous paragraph, this does not even suppose that the mentioned entities assume responsibility of any kind regarding to the mentioned information, which is obtained and used by EASYMIFI. The same juridical consequences are of application in case EASYMIFI's rent there is linked by the purchase of a service of a tourist collaborator company (hotel, rental car, agencies flight, etc ..) and the collaborator company, in order to facilitate the process of booking of THE CLIENT, sends in a telematic way to EASYMIFI information of THE CLIENT so this company is able to processing them in its bookings system and could show them to THE CLIENT, when is doing his booking, for its validation.
As well, THE CLIENT will have the possibility of coming to the desk of the company EASYMIFI's Partner where he had collected the product and asking for the substitution of the same one, being the maximum limit of EASYMIFI's responsibility the paid amount by THE CLIENT by the rent of the defective product.
The obligation to give advise in the use and managing of router, through EASYMIFI’s staff or across the staff of collaborators companies of EASYMIFI is not assumed by EASYMIFI.
ELEVENTH. - LEGISLATION AND APPLICABLE JURISDICTION. - The current contract will be governed and will be interpreted in agreement with the Spanish laws. EASYMIFI declares its intention of solving any difference in a friendly way. If this was not possible, any controversy derivative from the interpretation and fulfillment from this one determined or that has any relation with its (included any question relative to its existence, validity or termination), will be solved through arbitration of equity, to which the parts surrender expressly, being the organ of arbitration named by the Chamber of Trade and Industry of Seville, who will design the only arbitrator, and that will act in conformity with the regulation of the valid mentioned Chamber at the date of presentation of the application form. The language of the arbitration will be Spanish language and the headquarter of the arbitration will be Seville (Spain),being subject to law both parts to the judgement that is dictated.
TWELFTH. - LEGAL ADVISE. - The translations of this Contract are merely informative and do not have juridical binding character in the whole detail of its draft, having validity only its version in Spanish.
In witness whereof and for all pertinent purposes the parties with the confirmation of their reservation accept the above legal requirements, mandatory clause, on the date of the confirmation of this reservation.