TERMS AND CONDITIONS
- SUBJECT OF THE AGREEMENT
- RIGHTS AND OBLIGATIONS OF THE PARTIES
This Rental Agreement (“Agreement”) is signed between ___________________________________ (“Lessor”) and Lessee (“Lessee”) under the provisions set below. Lessor and Lessee will be referred together as “Parties”.
“Lessor”: Loca Otelcilik ve Turizm Erinç Arık
“Website”: Alldaywifi official website http://www.alldaywifi.com
"Charges": All charges relating to the provisions of Agreement regarding all amounts billed by Alldaywifi.
"Equipment" or "Equipment": the Mobile Hotspot Modem (including the SIM card, battery, wall charger, USB Cable, portable case and any other accessories included) rented from Alldaywifi.
"Rental Period": The period beginning on the Commencement Date and expiring on your designated Return Date, as stated in the Rental Form or any other formal documentation.
Alldaywifi rents out personal wifi hotspots with 3G speed and unlimited Internet connection with fair usage policy. A personal hotspot can be used by one to ten devices at the same time, without paying data roaming charges.
- Rights and Obligations of Lessee
- Rights and Obligations of Lessor
Lessee shall be at least 18 years of age which is the minimum age limit to enter into transactions under Turkish Law. However, if the Lessee has capacity to enter into transactions under his/her national law, he/she will be also regarded as competent.
Alldaywifi and its Equipment cannot be subleased under any conditions. If Lessee subleases Alldaywifi and its Equipment, Lessee shall undertake all possible costs and fees.
Alldaywifi can be used up to ten devices; therefore, Alldaywifi can be used by people other than Lessee, however, Lessee shall undertake all responsibility stated under this Agreement.
Delivery and Return Policy
Lessee 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 Lessee's responsibility to make sure that the mobile hotspot's delivery will be accepted. If the delivery address entered by Lessee during the booking phase is not his own address, it is Lessee's responsibility to warn the hotel (or office, third party) with the name stated as in the booking, so that they accept the delivery on his behalf.
The returns shall be made to person by who delivered to Lessee unless otherwise specified by Lessor. If the equipment is returned to a point other than the one specified at the booking phase, the Lessee accepts all possible costs incurring because of this inconvenience. All equipment shall be returned without any missing parts, in good working order and condition.
Lessee undertakes all risk of loss and damage from the return of all Equipment, if Equipment is returned incompatible to the terms and conditions specified under the Agreement “Return Policy.”
Theft, Accident, Damage or Confiscation
In case of third parties actions, such as confiscation or theft of the Equipment, Lessee must immediately inform Lessor through the contact information. Lessee shall be responsible for all expenses associated with the acts described above and for any direct, indirect or consequential damages (such as loss) for the Equipment, unless it is demonstrated that Lessor is directly responsible for the confiscation of the Equipment.
In the case of theft of the Equipment, the Rental Agreement will end once the Lessor receives a copy of the theft declaration made by Lessee to the police.
The Lessor may have right to pursue charging the payment to the Customer’s deposit.
Costs and Fees
Rental fees for the use of Alldaywifi and its Equipment are assessed beginning as of the rental start date and ending as of the postmarked date on which the Equipment is returned. Our current rental fee schedule is posted on the Website and may be updated from time to time upon prior notice.
To place any reservation, it is required either an advance deposit on the Equipment or a credit card to authorize the prospective charges. Deposits will be returned upon our receipt of your Equipment following your scheduled rental end date, deducting any service or damage charges or late fees, which are applied to the balance.
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, Lessee shall be responsible for paying the charges including roaming charges and other costs associated because of the usage of Device in another country,
Lessee shall not pay any additional costs and fees under “Rental Fee”.
Costs for Damage to Equipment Lessee is solely responsible for all loss or damage to the Equipment during the rental period. Costs for damage will be deducted from any deposit, or billed directly to Lessee’s credit card.
Costs for Late Return In the case that Lessee does not return all Equipment on the specified date and time, Lessee shall pay additional one day rental fee. Lessor may not claim any additional rental fee until the return date passes.
If Lessee reports the possible delays to Lessor prior to the end date, Lessor may or may not claim any additional rental fee.
Costs and Fees for Failure to Return If Equipment is not returned wholly or partly or returned damaged, Lessee shall bear all fees and cost of Equipment. Lessor, in this case, has right to deduct all fees and costs from the deposit that Lessee paid in advance.
Lessor shall have the responsibility to deliver the Equipment to Lessee in the specified address. Lessor undertakes all risk of loss and damage from the delivery of the Equipment to Lessor’s identified address, and will be responsible for all shipping charges.
In the case that any part of Equipment is defective without any fault attributable to Lessee, Lessor shall have obligation to replace defective equipment immediately without any additional costs.
In the case that Equipment damaged due to fault of Lessee, Lessor shall fix or replace Equipment. Lessor may claim additional fee to fix or replace Equipment under such cases.
Lessor shall share any personal Information of Lessee provided for the rental agreement only if public authorities or courts claim any of these.
Lessor shall not be responsible any content of the internet usage and Lessee hereby confirms that the responsibility and the criminal offence due to the usage of forbidden internet content.
Fair Internet Usage Policy
The daily internet usage shall be limited to the fair usage policy applied by the Mobile Operator Company for data access (15GB per week or 60GB per month for upload and download), and shall start from the time of ordering or confirmation provided. Once the data access limit is exceeded by abusive usage, the access to the mobile internet will reduce speed automatically by the operator. In such a situation, Lessee may ask for additional data and Lessor will provide additional 15GB if possible. Lessee understands that the data access is provided by the Mobile Operator, and Alldaywifi does not control the speed of the data access provided.
Term of Contract
The term of the contract shall be limited with the Alldaywifi rental period and upon the end of rental period, the contract shall be expired.
In the case parties 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 parties shall send notification of the existence and nature of the reason for our nonperformance and delay, and parties shall resume performance immediately upon the conclusion of the relevant force majeure.
The use of the Device and all Services may be terminated or deactivated with prior notice by
Lessor upon any of the following events:
(a) Lessor has any reason to believe the Device was obtained by any misrepresentation or fraudulent means;
b) Lessor has any reason to believe the Device is or may be used for any illegal or improper purpose, or in violation of applicable laws;
(c) Lessor has any reason to believe there is a breach of any of the clauses hereunder.
In these events, Lessor will take immediate possession of the Device without being obliged to repay any portion of the Rental Charge and Lessor will not have any liability to the Lessee for such termination.
Governing Law and Dispute Resolution
Turkish law is applicable to any disputes regarding this rental agreement and the competent courts are İstanbul Çağlayan Courts and Enforcement Offices.