GENERAL TERMS AND CONDITIONS
1. VALIDITY OF GENERAL TERMS AND CONDITIONS
The following terms and conditions shall apply to all services rendered by SPair LTD, hereafter referred to as iTourer, in connection with the hotspot rental service.
Following terms and conditions are provided in the pack proposed to customers in the distribution points on the website www.wifiinrussia.com
Only iTourer's last general terms and conditions published on the website www.wifiinrussia.
com at the beginning of the rental period shall apply.
iTourer may accept variant clauses only in the case of an explicit written agreement.
2. DESCRIPTION OF SERVICES 2.1 HOTSPOT RENTAL
iTourer rents out mobile hotspots with internet connection.
The customer registers and books its rental on www.wifiinrussia.com
. Our payment are operated by PayKeeper (paykeeper.ru). iTourer is also registering an authorization for a security deposit (not debited) of 40 euros.
The security deposit will be taken only in case of loss or damage of the hotspot. Customer will be charged within one month after the end of the rental agreement. Description of the "CHARGES FOR LOSS AND DAMAGE" is explained under Sec. 4.3. 2.2 REGISTRATION FOR USING iTourer SERVICES
The customer must fill a form and accept these general terms and conditions to use iTourer services. The client gives directly, or by the intermediary of the service provider (Hotel, Travel Agency…), on the web browser under www.wifiinrussia.com the following information:
§ First Name
§ Last Name
§ Email address
§ Mobile phone number
§ Copy of an official document like passport, driving licence, ID
The last point is a Russian legal requirement. This copy can be either a scan of your document, or a picture of its photo page (for example done with your smartphone's camera). 2.3 iTourer ENGAGEMENTS
iTourer shall use reasonable endeavours to provide Customer a quality of service. However, iTourer does not guarantee that the service won't be interrupted, furnished on due time, safe or fault-free.
Risks with respect to regular wear and tear, will be assumed by iTourer, which will promptly repair the damages which materially impairs the function of the Equipment and/or replace the Equipment. 2.4 CUSTOMER ENGAGEMENTS
In using the Equipment or Services provided by iTourer, the Customer must not engage in any action:
§ that is abusive, illegal or fraudulent;
§ that causes the Network to be impaired or damaged;
§ that modify the purpose of the hotspot
The Customer shall:
§ reasonably protect the Equipment against the risk of destruction, damage, and/or loss through, theft, etc.;
§ maintain the Equipment in an orderly and functional state
§ not remove any item from it (change the SIM Card).
Upon termination of the Agreement, the Customer shall promptly, return the Equipment to the place it was picked up or, at its own cost and risk, the delivery address within Russia specified by iTourer.
The Customer shall return the Equipment in its original state. If Customer fails to do so, iTourer may, at its option, debit the security deposit or a part of it in order to repair such damage. When claim is employed, iTourer notifies the Customer within two (2) weeks from the return of the Equipment.
When Customer is in breach of its obligations under this Sec. 2.4, iTourer may suspend the Customer's use of the Service. iTourer will notify Customer as soon as reasonably practicable the suspension. During any period of suspension, Customer shall continue to pay all Charges due under this Agreement in respect of the suspended Services. 2.5 DAILY QUOTA AND FAIR USAGE POLICY
Fair usage policy (FUP) is the broadband industry's attempt at keeping cyber traffic down. The policies are designed to protect the people who might be affected by your downloading. If the Internet Service Provider (ISP) decides to put FUP in place, the ISP may do all or any of following: Limit usage, Restrict data usage, Restrict speed or temporary shut down. If you continue to use massive amount of data, iTourer will not be responsible for any problems accessing the internet or any other restrictions placed by the ISP. Despite there are no strict frames of fair usage in Russia, please keep a rule that approximate limit in 4G should be 10GB per day.
3. START, DURATION AND TERMINATION OF THE CONTRACT
The service contract between iTourer and the customer starts upo the earlier of:
§ recept of the hotspot from a distribution point (ex : front desk of its hotel);
§ or order at iTourer website www.wifiinrussia.com
The customer is required to pay a daily rental fee for the hotspot from the rental start until the date of the return. The contract ends as soon as the customer returns the rented hotspot at the original distribution point, or the address within Russia specified by iTourer.
4. CHARGES AND PAYMENT 4.1 PAYMENT CONDITIONS
The payment of iTourer services is made by credit card.
The credit card transaction will be processed and secured by our provider PayKeeper (paykeeper.ru). 4.2 CHARGES FOR USE
1. iTourer states all Charges inclusive of VAT, unless specified otherwise.
2. iTourer maintains the right to debit the Customer the amount due for a late return of the equipments in accordance with Sec. 4.4.
3. If the customer reasonably and in good faith disputes an invoice or part of it, Customer shall notify iTourer of such dispute within 12 days of receipt of the invoice, providing details of why the invoiced amount is incorrect and, if possible, how much the customer considers is due.
4. iTourer require a reasonable security, such as a credit card guarantee, from the customer upon conclusion of the Agreement for claims under Sec. 4.3. For this purpose, iTourer will ask for authority from the card issuing company for an amount equivalent to 40 Euros for any lost device.
5. The customer shall not be entitled to set off any of its claims against claims of iTourer, except where the customer's claims are undisputed or have been confirmed by final court judgment. 4.3 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 40 for a 4G+ hotspot must be secured and is retained in the event of a claim.
In case of a claim, the following amounts will be used:
1. Full loss: EUR 40
2. Device loss: EUR 40
3. Charger: EUR 10
4. Cable: EUR 10
5. Transportation case: EUR 5
6. Car charger (if any): EUR 10
7. Extra battery (if any): EUR 10 4.4 LATE FEES
Failure to return the equipment (including all accessories) promptly to iTourer will incur additional late charges.
In the event that we fail to receive the equipment, or any portion of the equipment, three business days after the specified rental end date, the customer will incur a daily penalty fee of EUR 5 until the date the equipment is received.
If for any reason the customer is unable to return the equipment to us in time, including but not limited to the equipment being lost or stolen during the rental period, the customer should contact iTourer immediately via our hotline: +7 495 548 3261 (phone or whatsapp), email to firstname.lastname@example.org, so that additional late charges are not incurred.
For any complaints regarding the late fees the customer must provide the confirmation of the return of equipment to iTourer to ensure that the equipment was sent back as the customer claims.
When ordering on the website, the customer is responsible for checking that the chosen delivery mode 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 or self pickup from iTourer's office, it is the customer's responsibility to warn the hotel (or any other 3rd
party) so that they accept the delivery on his behalf.
Returns should be made either by sending back the device to iTourer's address (iTourer 119530, Ochakovskoe shosse, 34 WestPark, office 505, Moscow, RUSSIA) or by using the provided return envelope.
§ Self returns
The device can also be returned at the customer's expense by shipping it directly to iTourer's office :
§ Return at the Hotel
The device may be left in the provided envelope at the hotel. The inscription on the envelope already states that the content should be given to our officer, and his name is also stated. We pick it up at the same or next day you leave.
§ Return at iTourer office
Return to ITourer office should be made at most 3 days after the rental's ending date.
§ Postal return
All postal returns must be postmarked from the country of origin at most 3 days after the rental's ending date.
iTourer equipment shall be returned in working order and good physical condition. The customer assumes all risk of loss and damage from the return of all equipment to our designated address.
For any complaints related to the iTourer return policies the customer must be able to proof the shipment.
7. RESERVATION OF TITLE AND USAGE
iTourer hotspot device shall always remain the property of iTourer. It is strictly forbidden to disguised, change or remove any notes or parts from the devices. The customer is only entitled to use the device for purpose stated in this contract. Any use of the iTourer hotspot contrary to the purposes described herein is strictly prohibited.
8. REFUND / CANCELLATION / MODIFICATION POLICY
If you wish to modify or cancel your order, please contact us by e-mail or by phone.
Fees linked to the modification or cancellation of your order:
§ Any modification of the order is free
, as long as the information is received more than 7 days before the start of the rental. After this, any modification may be treated as a cancellation.
§ For any cancelation made more than 7 days before the rental starts
, we refund 100% of price paid,
§ For any cancelation made between 1 to 7 days before the rental starts
, we refund 50% of price paid
§ For any cancelation made during the rental period
, we charge 30% of the rest of the rental.
All data generated by the customer will explicitly be used by iTourer for purposes related to the contractual fulfillment and to inform the customer about products related to their contractual agreement. In this regard the customer explicitly agrees that they approve the mailing of such information 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 iTourer, stating the affected email addresses.
10. LIABILITY AND WARRANTY
iTourer is not responsible for detriments arising as a result, that the proposed service is not or not constantly available. iTourer provides no guarantee of constant availability of the relevant services of iTourer. iTourer will use its best efforts to ensure that the availability of the respective services provided reach the greatest possible level of service; particularly iTourer will replace defective WIFI devices immediately, and will not settle for days or periods of non-usability due to defective devices.
For any request please write an e-mail to email@example.com.