RENTAL AGREEMENT TERMS AND CONDITIONS
This Rental Agreement ("Agreement") is signed between ___________________________________ ("Lessee") and Alldaywifi Loca Otelcilik ve Turizm Erinc Arik ("Lessor") under the provisions set below. Lessor and Lessee will be referred together as "Parties".
2. SUBJECT OF THE AGREEMENT
Lessor rents out the Mobile Hotspot Modem "Alldaywifi" with 4.5G speed, the SIM card, battery, wall charger, USB Cable, portable case and any other accessories, which will be referred as "Equipment", and unlimited Internet connection with fair usage policy.
3. CONDITIONS FOR ENTERING INTO AGREEMENT
Lessee shall be at least 18 years old which is the minimum age limit to enter into transactions under Turkish Law.
Alldaywifi can be used up to ten devices; therefore, Alldaywifi can be used by people other than Lessee, however, Lessee shall undertake legal, criminal and contractual responsibility stated under this Agreement.
The Equipment cannot be subleased under any conditions. If the Lessee subleases the Equipment, the Lessee shall undertake to pay all possible costs and fees to the Lessor.
Device should only be used in the country where it was rented. If used in another country, Lessee shall be responsible for paying the charges including roaming charges and other costs associated due to usage of the Equipment in another country.
Lessee hereby confirms that the s/he has the sole legal and criminal responsibility incurring from use of Internet on Alldaywifi. The Lessor could not be hold responsible for use of Internet by the Lessee.
Lessor bears the responsibility to deliver the Equipment to Lessee in the specified address. It is Lessee's responsibility to make sure that the mobile hotspot's delivery will be accepted. Lessee shall ensure that:
(i) the delivery mode s/he chose is compatible with the first day of rental and
(ii) If the delivery address entered by Lessee during the booking phase is not his own address, Lessee shall warn the hotel (or office, third party) with the name stated as in the booking, so that they accept the delivery on his behalf.
(iii) S/he chooses the city option in the booking form correctly otherwise the Lessor reserves the right to charge extra fees or not to send the Equipment
If the equipment could not be delivered on the delivery date Lessee chose due to reasons arising from Lessee's actions, the equipment shall be delivered the following day to the same delivery address at any time suitable for the Lessor.
Lessee agrees that there will be no refund for delay in delivery resulting from non compliance with her/ his responsibilities such as due to missing information in the booking.
The Lessor reserves the right to cancel the reservation and withhold sending the equipment if there is any missing or invalid information in the booking form.
6. DELIVERY FEE
Lessor does not charge any fees for delivery of the equipment within Istanbul. Delivery to addresses outside of Istanbul and Istanbul Atatürk Airport is charged ten (10) USD for one way.
If the address information in the booking form is wrong or incomplete, Lessor may charge extra money for delivery.
The Equipment shall be returned to the location specified in the booking form unless otherwise specified by Lessor. Lessee staying outside of Istanbul shall put the Equipment in the cargo bag and deliver it to the reception of the hotel.
If the equipment is returned to a point other than the one specified in the booking form, the Lessee accepts all possible costs incurring because of this inconvenience.
Changes on return address, which will be made after the delivery of the equipment, shall be notified to Lessor forty- eight (48) hours prior to return. Lessee undertakes to pay all damages that resulted from change of the return address.
Equipment shall be returned in the same condition it was delivered without any missing parts and in good working order.
8. THEFT, ACCIDENT, DAMAGE, CONFISCATION AND MALFUNCTION
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.
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.
The Lessor reserves the right to pursue charging the payment to the Customer's deposit.
9. COSTS AND FEES
Rental fees for the use of Equipment are assessed as of the commencement date and ending as of the return date. 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 shall be paid or a credit card number to authorize the prospective charges. Deposits will be returned upon our receipt of your Equipment following your scheduled return date, deducting any service or damage charges or late fees, which are applied to the balance.
Payment shall be made via credit card and prior to delivery of the Equipment.
10. COSTS FOR DAMAGE TO EQUIPMENT AND FAILURE TO RETURN
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.
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.
Following list will be applicable for the loss or damage to the Equipment. Modem: $60, extra battery: $23, USB adapter: $9, bag: $9, USB cable: $5, user's manual: $5. If the whole equipment is not returned, Lessor has the right to charge Lessee's credit card for $90.
11. COSTS FOR LATE RETURN
In the case that Lessee does not return Equipment on the specified date and time, Lessee shall pay additional one (1) 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 reserves the right to claim any additional rental fee.
12. PERSONAL INFORMATION
Lessor shall share personal Information of Lessee provided for the rental agreement only if public authorities or courts claim any of these.
13. FAIR INTERNET USAGE POLICY
Lessee understands that Lessor's unlimited data offer is designed for travellers' daily data needs. Lessor has right to apply fair data usage policy to prevent abusing of unlimited data. Lessor has the right to terminate contract if Lessee uses Lessor's service for commercial purposes, oversized software updates or overnight downloads, which are not typical needs of a traveller. In case Lessor wants to use Lessor's service for a purpose which is not related to travelling concept, Lessee should inform Lessor in advance about specific data needs and agree on terms before rental starts. Lessee understands that the data access is provided by the Mobile Operator, and the Lessor does not control the speed of the data access provided.
14. TERM OF CONTRACT
The period beginning on the delivery date and expiring on your designated return date, as stated in the booking form is the rental period. The term of the contract shall be limited with the rental period and upon the end of rental period, the contract shall expire.
15. FORCE MAJEURE
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.
16.1. TERMINATION BY LESSOR
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.
16.2. TERMINATION BY LESSEE
Lessee may terminate the contract prior to delivery of the equipment via e-mail and get its rental fee back.
Lessee may terminate the contract after the delivery of the equipment, in that case reservation fee and delivery fee if present will be reduced from the rental fee and remaining rental fee shall be paid back. Lessee shall notify the Lessor one (1) day in advance for reservations within Istanbul and three (3) days in advance for reservations outside of Istanbul. In the case that notification on termination is made later than those specified above, all costs incurred due to late notice shall be reduced from the rental fee.
The fee for extra services are not refundable after they delivered with the device to Lessee's delivery point.
17. 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.
Terms and Conditions has changed on 26.10.2015 and it will be applied to the reservations which are made after 26.10.2015. For earlier reservations please see the old version of Terms and Conditions.