Rental Agreement

PocketWifiBahamas Rental Agreement

 

Rental Agreement Summary

Delivery You agree to arrange for someone to pickup and return the package if you are not able to do so.
Rental Term The rental will commence on the date specified in the booking process (start of vacation) when ordering and will end on the date your vacation ends.
Privacy You agree to use the included Privacy Wipe feature to erase your phone at the end of your rental.
Cancellations Cancel up to 4 days before your trip and receive a complete refund. After that, cancellations will incur cancellation fees.
Refunds You agree to notify us immediately of any problems with your rental. Failure to do so may impact our decision to issue a requested refund.

Fees

Cancellation Fee Free up until 4 days before the rental. 3 days or less before rental either 100% of the total rental price, or $50, whichever is less.
Lost Phone $200
Damaged Phone up to $200
Lost/Damaged Charger or Case Chargers: $15 Cases: $10

 

1. Nature of Services

PocketWifiBahamas provides a customized smartphone with an included SIM (the “smartphone”), along with user guides and accessories (collectively the “Equipment”) to travelers who plan to visit the Bahamas(the “End User”).

2. Fees

(a) Rental Charges: Rental fees for the use of our Equipment are assessed commencing as of the Rental Start Date and ending the last day of the customers vacation. The postmarked date on which the Equipment is returned must be within 2 days after return from vacation or a fee will incur. Our current rental fee schedule is posted on our Website and may be amended from time to time without prior notice. Please note that we do not apply any credit for a partial billing date; all partial days will be treated as full days for our billing purposes.

A valid credit card must be provided at the time of booking, or if the order is prepaid via a third party such as a travel agent or operator, the end customer may still be required to provide a valid credit card to confirm the order. In order to be considered valid a credit card must a) not expire within 30 days of the end of the rental period, b) must not be a prepaid, debit, or other non-credit card.

(b) Usage Charges: Usage charges must be pre-paid according to the length of rental.

(c) Charges for Loss or Damage to the Equipment: You are solely responsible for all loss or damage to the Equipment during the Rental Period. Charges for any loss of equipment will be attributed as follows; repurchasing the device and SIM card, as well as the consequent restocking / setup fee. Loss of a smartphone will incur a charge of $200.00. Damage to the smartphone will be charged up to $200.00 depending on the extent of the damage, at our discretion. The charges will be applied directly to the credit card used to confirm the order. Lost chargers $15.00, lost cases $10.00.

(d) Late Return Fees: Failure to return the Equipment (including all accessories and user guides) promptly to us will result in the incurrence of additional late charges. All returns must be postmarked on or before the first (2nd) working day following your Rental End Date. In the event that we fail to receive the Equipment, or any portion of the Equipment, four (4) working days after the rental end date, you will be charged a daily penalty fee of $10 until the date the Equipment is received. In case the equipment is not returned within 15 working days of your rental end day you will incur a final penalty fee 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 should contact us immediately, so that you do not incur additional late charges. PocketWifiBahamas will not accept replacement devices as a substitute for any of these fees. If the equipment is returned to us after we have charged the loss penalty, we will immediately offset the charge with the fee corresponding to the number of days your device is considered overdue.

Please note that we reserve the right to institute collection procedures against you in the event that you fail to return our Equipment to us as required by this Rental Agreement or fail to pay any service or damage charges or late fees that you incur. If it becomes necessary for us to institute collection procedures against you, you agree to pay our costs of collection, including without limitation reasonable attorneys’ fees. Any late fees that we collect will not waive any other right or remedy that may otherwise be available to you under this Agreement.

3. Delivery

When you place an order to rent a smartphone, we will ask you to designate an address to which such Equipment will be delivered, and will also ask for your Rental Start Date and Rental End Dates. The Equipment will then be delivered to your designated address before your arrival at your destination. It is your responsibility to inspect all Equipment upon receipt and to verify that it is in good working order and condition. In the event that we deliver the Equipment before your designated Start Date and you are not available to accept or fail to accept the delivery for any reason, then such Equipment shall still be deemed accepted and you will still be responsible for the return of the Equipment and for all charges. It is your responsibility to ensure that you or a designated person are available to receive and that you or the designated person accept the delivery of our Equipment. We will assume all risk of loss and damage from the delivery of the Equipment to your designated address, and will be responsible for all shipping charges.

4. Use of Equipment

You agree to exercise reasonable care in the use of all Equipment, and to handle all Equipment in accordance with the user guide. You further agree that you will not do any of the following: (a) make repairs or modifications, or alter in any way, the Equipment; (b) remove or alter any certification markers affixed to the Equipment; (c) share the Equipment with any third party, or allow any 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 illegal purpose.

5. Returns

All returns should be made using the included pre-paid packaging in accordance with our shipping instructions, and postmarked no later than one (2) days following your Rental End Date. The Equipment shall be returned in good working order and condition.

6. Cancellation

You may cancel your reservation without penalty up until the order begins preparation for shipping, typically three to four (3-4) days prior to your Rental Start Date. If reservations are cancelled after this period, no refunds will be issued. In the event that the Equipment delivery has been initiated, you are responsible to arrange for someone at the receiving address to return the Equipment to PocketWifiBahamas as per the Return procedure.

7. Refunds

Any refund request will first be considered upon the safe return of rented devices. Refund requests must be submitted at most (1) week after the end of the rental period – the company will then endeavor to respond to refund requests within thirty (30) days of the device’s return.

Any connectivity issues need to be addressed to the company immediately. Failure to do so will preclude you from receiving any form of compensation.

Refunds will be issued for the following instances: Rental cancellations before the order has begun to ship, per order changes, incorrect charges and issues pertaining to delivery wherein you are not at fault.

Satisfaction Guarantee: If you rented the Equipment directly from PocketWifiBahamas and are not satisfied with the Equipment or service for any reason you may notify us and return the phone to us within 48 hours of the Rental Start Date to receive a full refund of the pre-paid rental fee. If you rented the Equipment via one of our partners please refer to their policies, PocketWifiBahamas will work with the partner to ensure your satisfaction but refund policies may vary.

8. Discount Vouchers

Discount vouchers must be used at time of purchase and cannot be exchanged for credit on previous purchases. To use, put the voucher in the indicated text field in the checkout process. The discount will be visible immediately in the order summary box.

9. Internet & Phone Usage Policy

You agree to only use the Equipment, including the phone and data connections for lawful purposes, and agree to assume full responsibility for your usage of the phone and data connection. Additional WiFi tethering data may be purchased on the device.

10. Eligibility to Rent Equipment

While our Equipment may be used by travelers of any age, we can only rent to adults who are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Rental Agreement, and to abide by and comply with the terms set forth herein.

11. Ownership of Equipment

By using this service, you agree and acknowledge you are renting Equipment for travel purposes only, and that you will acquire no rights in the Equipment. You agree that we will retain all ownership of the Equipment, including but not limited to user guides and accessories.

12. Customer Warranty

If you are renting this Equipment on behalf of an entity rather than for your own personal use, then 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 this Rental Agreement.

13. PocketWifiBahamas  Warranty

PocketWifiBahamas warrants that the Equipment will be delivered in good working order and condition.

14. Disclaimer of Warranties

EXCEPT FOR 13 ABOVE,  POCKETWIFIBAHAMAS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS RENTAL AGREEMENT. WE MAKE NO ENDORSEMENTS REGARDING ANY THIRD PARTY, AND CANNOT WARRANT OR MAKE ANY REPRESENTATION ABOUT THE QUALITY OF THEIR SERVICES. WE CANNOT WARRANT OUR EQUIPMENT WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ANY THIRD PARTY SERVICES THAT YOU ACCESS THROUGH THE USER GUIDE WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. WE CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY SERVICES. PocketWifiBahamas EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE EQUIPMENT, OUR RENTAL SERVICES, AND ANY THIRD PARTY SERVICES ACCESSED THROUGH OUR EQUIPMENT, 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 THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY SERVICES. WHILE WE WILL MAKE EVERY EFFORT TO ERASE ALL PERSONAL INFORMATION LEFT ON RETURNED EQUIPMENT, WE CANNOT BE RESPONSIBLE FOR ENSURING THE PROTECTION OF PERSONAL INFORMATION LEFT ON RETURNED EQUIPMENT. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS RENTAL AGREEMENT.

15. Consequential Damages; Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, NEITHER PocketWifiBahamas NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT 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 GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WE AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Our total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under this Rental Agreement. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.

16. Indemnification

By agreeing to this Rental Agreement, you agree to indemnify, defend, and hold harmless PocketWifiBahamas  our officers, directors, employees, independent contractors, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorney’s fees, in any way connected with (a) a breach of the terms and conditions of this Rental Agreement; and (b) any dispute between you and any third party service, which you engaged through our user guide.

17. Miscellaneous

We reserve the right to discontinue our rental services or terminate and/or amend this Rental Agreement at any time at our sole discretion.

18. Force Majeure

In the event we fail to perform any obligation pursuant to 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 to be a breach of this Agreement, provided that we notify you of the existence and nature of the reason for our nonperformance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure.

19. Choice of Law

This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to the conflicts of laws rules of that state. Foreign laws do not apply. Arbitration or court proceedings must be in the State of Florida. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

 

© 2014 PocketWifiBahamas