THE FOLLOWING GENERAL RENTAL TERMS APPLY TO THE RENTAL.
1.- Defenition and general priciples 2.- Prerequisites: What do you need in order to rent a wireless device? 3.- The device: Condition, use, breakdown assistance and maintenace/mechanical problems 4.- Rental period 5.- Rates / Terms of payment 6.- Insurance 7.- Data protection law
1.- Defenition and general priciples
“You” are the customer who signed the rental agreement and who is entitled to use the wireless devices & accessories.
“Trawire” is the owner of the equipment.
“Device” is the iPad or Wireless Modem rented to you for the agreed duration of the rental period as pr. agreement and will include all parts and accessories fitted to it at the commencement of the rental.
“No return or damage” is the no return or damage occurring to the device (including accessories, screen, ports, battery, SIM card, charger, cover).
2.- Prerequisites: What do you need in order to rent a wireless device?
You must hold and produce a valid Identity card or valid passport where the rental takes place. This ID document must be written in English language or with explanations in English.
About rental the deposit. The authorized credit card provided must have available credit limit, as minimum an equal amount at the market value (at the country of rental) of the rented device at the time of the event rental deposit.
Please note that Trawire accepts major credit cards, it’s advisable to verify in advance the acceptance of a given card. Credit cards are accepted to the limits authorised by the credit card company.
3.- The device: Condition, use, breakdown assistance and maintenace/mechanical problems
3.1 Condition of the devices.
A description of the condition of the device will be given to you at the same time as the rental agreement.
Before leaving the rental location, you are required to check the condition of the device. Where an apparent defect is found which is not already listed in the document, you must immediately inform the Trawire employee in the place where the device is collected, in order to proceed with a joint-examination of the device. All markings or damages must be recorded either in writing or in a drawing before the rental commences.
In the case of any damage, scratches or other, the amendments must be made to the document and duly countersigned by both parties.
If the amended document is not countersigned by both parties, the condition of the device will be as set out in the document given to you with the rental agreement and it will be considered that you received the device in proper working condition.
You will return the device in the same condition as it was provided at the start of the rental. You are responsible for any repair or refurbishment costs and these will be added to the cost of the rental.
3.2 Use of the device
The device must not be used by anyone other than you and your family.
You must take care of the device, keep it in good and condition. Trawire requires refunds for any costs or repairs Trawire might incur from the clients, in case of damages or faults.
The device can be provided to you with a required setup (as described in a list on www.trawire.com). You must return the the device with the same setup/software. Any other software or cost is not included in the rental agreement.
rawire strongly recommends that you carefully read this information available at the web page www.trawire.com.
In particular, you must not use the device under any of the following conditions or for any of the following purposes:
– In water or in very damp circumstances,
– Close to inflammable or dangerous goods, as well as toxic, corrosive, radioactive or other harmful substances,
– Carry anything which, because of its smell or condition, harms the device or causes Trawire to lose time or money before it can rent the device out again,
– Connect any accessory (subject to prior authorisation by Trawire), unless supplied by Trawire,
– re-rent to or use by other persons,
– conduct illegal activities or cause damage to equipment, personnel, loss of software or violate the SAFETY of any software or brand.
– Intentionally commit any offence.
You will be liable for any offence committed during the rental period which relates in any way to your use of the device, as if you were the owner. Upon the request of the Police or any official body, Trawire may have to transfer your personal data. Such transfer will be done in accordance with the data protection Laws of Iceland.
3.3 Maintenance Problems
When the rental starts, the device will be fit for normal use. If it is not, or if it unfit for normal use during the rental because of any problem or accident, you must inform a Trawire by telephone the contact number on the rental agreement. In such a case, Trawire will have the following choices:
Replacing the device
Cancelling the rental agreement.
Trawire is not liable to pay any maintenance or purchase of accessories associated with the equipment during the rental period. Trawire only, is authorized to purchase accessories associated with the rented equipment.
Fees and expenses of any repair undertaken by you will not be reimbursed to you.
You must inform Trawire, of all accidents, damage, problem or malfunction of the device, even those which may already have been repaired, when you return the device. You will remain liable for any damages to Trawire.
Neither Trawire nor its directors, officers or employees will be liable to you for any loss or damage (including but not limited to loss of profit or earnings…) nor, to the extent permitted by the Law, for indirect consequential damages whether your action is based on contract or in tort.
3.4 Breakdown Assistance
For the length of the rental, as agreed with Trawire, you have the benefit of a phone Assistance Service. If required, this service can be contacted by calling the telephone number on the rental agreement.
4.- Rental period
4.1 Principle and Calculation
You undertake to return the device to Trawire at the agreed return location, on the date and at the time indicated on the rental agreement.
The maximum duration of a rental is 14 days continuously. Should you need an extended period of 14 days, you must have explicit approval to that effect and a signed contract respectively. The rental duration is calculated on the basis of individual periods of 24 hours, starting from the time the device is made available. However, a 30 minute grace period is applied at the end of the rental before the start of a new 24-Hour period.
In case of you return the device to any other Trawire rental location than the agreed location you need have explicit approval from Trawire to that effect or repatriation costs will be charged to you.
4.2 Extension of the Original Duration of the Rental
Should you wish to keep the device for a period longer than that originally set out in the rental agreement, you must first contact Trawire by phone in order to extend the duration of the rental agreement (may require you to come in person to a Trawire location or confirm this on the web site www.trawire.com).
4.3 Delivery and Collection Terms
You must check at the time of reservation.
When you return the device, or leave the device for Trawire to collect (only, if Trawire has accepted arrangements to that effect), Trawire must be informed of the details: the date, time of return and place. When returning the device, in a manner undisclosed in the rental agreement, you might be subject to additional fees and/or conditions from Trawire.
Should Trawire request the rented device be returned to Trawire, you must do so immediately. Subsequent charges will apply, should disputes not be resolved.
4.4 End of Rental
The end of the rental is defined by the return of the device at the agreed Trawire location. This must be done to an authorized employee, hotel staff or others (as pr. pre-signed and agreed upon location) who can present a Trawire company card as proof of authorization.
The device must be returned with all accessories rented. Should that not be the case, you will be invoiced for the replacement of these items. Trawire strongly recommends that you carefully read information available at the web page www.trawire.com
Under no circumstances will Trawire accept any liability for articles that may have been left with the device at the end of the rental.
Outside the normal opening hours, device returned to the reception desk of a hotel does not constitute the end of the rental. You remain liable for any damages until a Trawire employee takes possession of the device and makes sure the device is in the same condition as when rented.
4.4.1 In the event of confiscation, theft or accident/damage
In the event of measures by third parties, including attachment, confiscation or impounding of the device, you must immediately inform Trawire in writing. Trawire will be entitled to take all measures which it deems necessary to protect its rights. You will be liable for all damage, cost and/or expenses associated with the above measures and for any direct, indirect, consequential damages (such as loss…) to the device unless it is demonstrated that Trawire is directly responsible for such confiscation or impounding of the device.
Furthermore, the rental agreement may be automatically terminated as soon as Trawire is informed of such action by the official authorities or by you directly.
Any use of the device which may be detrimental to Trawire will entitle Trawire to automatically terminate the rental agreement with immediate effect. You will then return the device immediately as soon as Trawire so requests.
In the event of theft of the device, the rental agreement will be terminated as soon as Trawire has received a copy of the theft declaration made by you to the police authorities. In this case you are liable for the full amount of the device’s worth.
In the event of an accident, the rental agreement will be terminated as soon as Trawire has received a copy of the accident report completed by you and, where applicable, the third party. If Trawire provides a new device, the rental agreement will be amended accordingly. In this case you are liable to pay the insurance deposit withdrawal on the start of rental .
Furthermore Trawire denounces responsibility for loss, theft, robbery or damage of whatever nature relating to objects and/or utensils transported or which are with the device including, in particular, software and/or goods.
5.- Rates / Terms of payment
The total charges for each rental will be determined according to the price list applicable at the time of rental (according to the web page www.trawire.com).
5.2 Terms of Payment
“Stripe is an authorized Trawire payment provider. Stripe may appear on your card statement. Some banks and credit or debit card issuers may charge you an international processing fee. This international service fee is controlled and charged by your bank, or card issuer not by Trawire or our payment processors. Please refer to INTLServiceFee.com.
The payment is made by means of a credit card, an authorisation will be requested prior to the start of the rental.
The minimum amount of the authorisation will be determined by multiplying the rate by the rental period reserved by you and other relevant charges. This amount is charged at the moment of reserve in the web page www.trawire.com.
Any additional charges associated to differences with the initial reservation period or dates, especially change in number of days of rent, damaged device or device not rightfully returned will be charged at the end of the rental period or earlier if deemed Trawire necessary.
When the device is returned, the invoiced amount will be charged to the credit card provided, unless you present another credit card.
The charge on the credit card will be made in USD, in case of card-holder´s bank has a different currency, this will be converted afterwards according to the card-holder’s bank conditions.
In the event of non-payment by the due date shown on the invoice, you will be liable, for payment of interest on the due amount in accordance with the details on the invoice, if any.
Non-payment by due date of any invoice or any other non-payment will render all outstanding invoices due immediately and will authorise Trawire to require immediate return of any devices still on rent and to terminate the agreements relating to such rentals.
The tariffs applicable to the rental, to the additional services are those which are in force on the date of issue of the rental agreement, and correspond to the characteristics you originally indicated at the time of reservation (device type rental, duration, return place…). Any modification in the characteristics will entail the use of an appropriate alternative tariff.
5.3 Prepayment Charge at reservation, Terms and Conditions
Rates exclude all applicable charges which are not expressly mentioned on the Trawire confirmation as included, and any optional additional services for which the customer may be liable. A valid major credit card must be presented to the Trawire employee at time of rental start.
Amendment to the reservation may affect the rental rates and may require a new Prepayment Confirmation to be issued. Changes requiring a Prepayment Confirmation to be reissued must be made at least 14 days prior to rental start date, unless the new Trawire Prepayment Confirmation can be sent to a fax number or an E-mail address, in which case changes may be made up to 72 hours prior to rental start date.
Reservations are made through the Trawire booking site. Cancellation may also be made through the Trawire web site (contact form) and will take effect at the date and time the cancellation is successfully recorded in the Trawire reservation system. A cancellation confirmation will be sent to the customer. Should a cancellation notification not be received by the client, then the client must contact Trawire to rectify the issue. If a cancellation confirmation is not received by the client, the contract is still active.
The customer may cancel the reservation without charge provided this is done within 7 days after reservation (reservation day not included), as mentioned on the Trawire Prepayment Confirmation and in any case before the due rental start date and time. Reservation date does not overwrite late cancellation terms.
In addition, if you cancel an order more than 28 days before your hire period is due to start, then again there’s no cancellation fee. However, if you want to cancel an order less than 28 days before your hire is due to start, there’s a cancellation fee of 25% of the hire charge, rising to 50% of the hire charge if you cancel less than 14 days before your hire is due to start. There is no refund 48 hour prior to pickup date and time as the modem has been prepared.
No refunds shall be given if the customer fails to collect the device on the rental start date and has failed to notify Trawire in advance of this date according to described in this section. If you cancel less than 2 days before pickup there is no refund as the device has been prepared.
If the amendments to the reservation are not done according to this section, no refunds shall be given for rentals ended early or late collections, if the customer fails to collect the device on the rental start date or cancellations made after the due rental start date.
All rentals are subject to standard terms and conditions of the Trawire Rental Agreement in effect at the time and place of rental.
Trawire does not have insurance to cover the device or against Property Damage that you might inflict on a third party or bodily harm to a third party, as a result of an accident involving the device. You are responsible for 100% of the costs they may incur in these events.
6.1. You will be liable for any damages to Trawire when renting a device that has been entrusted to you.
Therefore, in the event of theft of the device or damages caused to it, you must fully indemnify Trawire (the indemnification will include the amounts corresponding to the repair costs, resale value of the device, loss of use, administration charges…).
The amount will not exceed the market value (at the country of rental) of the rented device at the time of the event.
You will not be exempt from liability towards Trawire in the case of breach of contract. Therefore, you will be responsible for any financial loss Trawire suffers as a result of such breach and for any relevant claims made by other people. You agree to pay any amounts Trawire spends in enforcing these terms.
Notice: Any claims towards Trawire are denounced, whether towards Trawire, it’s officers, directors, employees or others. Trawire is not liable to the contracting party for any amount or any action, law suit, claim or other legal issues that might arise. Trawire is not liable for direct, indirect, consequential, punitive or other damages, such as loss of business or loss of profit, arising from or out of or in connection with the rental or use of any of the Trawire devices, where the action is based on contract or in tort. Trawire will be indemnified and held harmless from all claims, liabilities, damages, losses or expenses arising from the rental of the Trawire devices.
Should there be a loss of any kind, damage and/or loss of device, suffered by Trawire, and then subsequently recovered in any way within 60 days, partial or total collected liability will be reimbursed.
7.- Data protection law
Please note that during the course of booking, Trawire will collect personal data. The client is obligated to provide the required information. Lack of information will prevent Trawire from processing the booking correctly and may hinder the commencement of the rental agreement.
Under the Icelandic Data Protection Act, you have the right to access, update, correct or delete personal data collected by Trawire. You may correct factual errors in that data by sending a request to Trawire pointing out the error. You should contact the web page www.trawire.com for information about how to exercise these rights.
1.- Acceptance of the Terms & Conditions
Please read these Terms & Conditions carefully before using the www.trawire.com website or making reservations. They can be accessed via the hyper-link on our website. You are advised to print them out and keep a copy.
These Terms & Conditions are in addition to the special conditions valid for each type of product or service offered on the site.
(a) not to use the www.trawire.com website for illegal purposes or purposes that may damage the rights of Trawire or third parties, and in particular, not to use the site to distribute damaging or illegal information, or information that is distasteful, discriminatory or offensive towards Trawire or third-parties;
(b) not to disrupt access to the www.trawire.com website, access Trawire computer systems, modify the site, use it to transmit computer viruses, hacking attacks, computer worms, etc…, or commit misdemeanour’s likely to be qualified as computer crimes;
(c) not to infringe any patent, trade mark, trade secret, copyright, database right or other intellectual property rights of any person or entity;
(d) not to impersonate any person or entity, including, but not limited to, a Trawire official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) to comply with these general conditions of use.
If you do not comply with these obligations, Trawire reserves the right to immediately prohibit and block access to its website and to its network without damages.
3.- Information on the Site
While Trawire has made every effort to ensure that the information contained in the www.trawire.com website is correct , Trawire cannot be held responsible for any errors or omissions or any information which may be incomplete, inaccurate or may have become out of date.
4.- Intellectual Property / Copyright and trademark notice
The copyright and all proprietary rights in the www.trawire.com website and all content are reserved by Trawire. The material contained within the www.trawire.com website is the property of Trawire unless identified as belonging to third parties. The name Trawire and any other Trawire trademarks, logos or graphics displayed on the www.trawire.com website are registered trademarks of Trawire or its affiliates. Other company and product or service names displayed on the www.trawire.com website may be the trademarks of their respective owners.
You are not granted any right or licence to use any trademarks and therefore agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content of the www.trawire.com website and/or the products and services offered on the Trawire website in whole or in part.
5.- Links to third parties websites
There are several places throughout www.trawire.com that may link you to other websites that do not operate under www.trawire.com information privacy practices. When you click through to these website, www.trawire.com information privacy practices no longer apply. We recommend that you examine the privacy statements for all third party websites to understand their procedures for collecting, using, and disclosing your information.
6.- Disclaimer of Warranty
Your use of the www.trawire.com website is at your sole risk. This website is provided on an “as is” and “as available” basis. Trawire makes no warranty or representation that (i) the site will meet your requirements, (ii) it will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Trawire.com will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors will be corrected. You will be solely responsible for any damage to your computer system or loss of data that results from the use of the site. No advice or information, whether oral or written, obtained by you from Trawire or through or from the www.trawire.com website will create any warranty or other obligation not expressly stated in the relevant terms and conditions. Although reasonable precautions are taken to protect the security and integrity of wireless internet and network access, Trawire cannot guarantee that use of a wireless connection will be secure. Accordingly, you agree to use such services at your own discretion and risk and acknowledge that you are solely responsible for any damage to your computer system or loss of data that results. To the fullest extent permitted by applicable law, Trawire expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
7.- Limitation of Liability
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set out in this article may not apply. In particular, nothing in these Terms & Conditions will affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Trawire. You expressly acknowledge and agree that Trawire, its officers, directors, employees will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Trawire has been advised of the possibility of such damages), resulting from use of the www.trawire.com website. You expressly acknowledge and agree that Trawire will not be liable for the use or the inability to use the www.trawire.comwebsite; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the www.trawire.com website; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the www.trawire.com website.
9.- Security Policy
Trawire uses secure technology in order to safeguard personal information and financial transactions. Trawire complies with the procedures and security standards as further set out in the Trawire Security Policy.
Any failure by Trawire to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect. The section titles in the Terms & Conditions are for convenience only and have no legal or contractual effect.
11.- Applicable Law
Trawire and our web site www.trawire.com are according to the Icelandic law.
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