Terms & Conditions
The terms and conditions of this Rental Agreement, set forth the conditions on which Gadgetfusion Lda will provide the services offered through the wifiabroad.com website and other affiliates or partners.
BEFORE YOU CLICK ON THE "ACCEPT" BUTTON, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK "I ACCEPT" OR CONTINUE TO USE THIS WEBSITE. WE RESERVE THE RIGHT TO AMEND THIS RENTAL AGREEMENT AT ANY TIME. ANY SUCH CHANGES WILL APPLY TO FUTURE RENTALS AFTER THE DATE ON WHICH SUCH AMENDMENT GOES INTO EFFECT.
WifiAbroad provides a wireless modem rental service ("wifi device"), along a user guide and accessories (collectively the "equipment" hereafter), to travelers planning to visit Portugal. We do not offer equipment for sale on this website.
While our equipment may be used by travelers of any age, we can only make a rental agreement with persons who are at least 18 years of age, who 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 and conditions laid down herein.
When you place an order to rent the wifi device, we will ask you for you Rental Start Date and Rental End Date. The equipment can be collected from our agent in Faro. It is your responsibility to inspect all equipment upon receipt and to verify that it is in good condition and working order. Any damage or missing items must be made known to WifiAbroad immediately. The equipment shall be returned in good conditions and working order. You assume all risk of loss or damage until the equipment is returned to our designated agent in Faro airport or an affiliated agent from whom the equipment has been rented.
The Rental Period commences on your Rental Start Date and ends upon your designated Rental End Date.
You agree to exercise responsible care in the use of all the 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 the equipment in any way;
(b) remove or alter any certification or identification 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 a third party; or
(f) use the equipment for any illegal purposes.
To place an order we require a deposit. This will be kept until the end of the Rental Period, in the event that other charges may apply. A full refund of the deposit will be made following the receipt of the equipment and accessories in full working condition.
Rental Charges. Rental fees for the use of our equipment are assessed commencing at the Rental Start Date and ending on the date on which the equipment is returned. Our current rental fees are posted on our website and may be amended 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.
Charges for Damage to the Equipment. You are solely responsible for all loss or damage to the equipment during the Rental Period. We will bill any charges for damage at our discretion and deduct them from the deposit.
Late Fees, Extra Charges and Refunds. Failure to return the equipment (including all accessories and the user guide) promptly to us will result in withholding the deposit.
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, damage charges or late fees that you incur.
Refunds only for cancellations or when device is not functioning due to faulty equipment. refunds will not be given for issues relating to coverage, or cases wherein you are at fault.
Any connectivity issues need to be addressed to WifiAbroad immediately. Failure to do so will preclude you from receiving any form of compensation.
Rental of the Wifi Device is Subject to a Fair Usage Policy - Only applicable to the 3G mobile hotspot. The fair usage allowance is calculated as follows: For example, for a 7-day rental, your fair usage allowance would be 3GB. For a 25-day rental, your fair usage allowance would be 10.7GB. For a 35-day rental, your allowance would be 15GB. This point only applies to the 3G product.
The wifi device is not to be used for torrents, streaming, downloading, watching movies or television.
Your entire data allowance will be available to you at the start of the rental period. All data is cumulative, meaning it can be used as slow or as fast as you want - at no point does your data expire.
By using this service, you agree and acknowledge that you are renting equipment for travel purposes only, and that will require no rights to the equipment. You agree that WifiAbroad retains all ownership of the equipment, including, but not limited to user guides and accessories.
Renting for a Third Party. 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 said 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.
Warranty. WifiAbroad warrants that the equipment will be delivered in good condition and working order and that it will continue to operate properly during the term of the Rental Period. In the event of any failure to meet the warranty, our sole liability, and your sole and exclusive remedy, will be to repair the equipment at our expense. If we replace the equipment, you will receive the same or reasonably similar equipment to use for the remainder of the Rental Period. It is your obligation to notify us immediately in the event that you experience any problem with your equipment.
EXCEPT FOR THE WARRANTY SET FORTH ABOVE, WIFIABROAD MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS RENTAL AGREEMENT. WE MAKE NO ENDORSEMENTS REGARDING ANY THIRD PARTY LISTED IN THE USER GUIDE OR ON OUR WEBSITE, 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 YOUR NEEDS, OR THAT ANY THIRD PARTY SERVICES THAT YOU ACCESS 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. WIFIABROAD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE EQUIPMENT, OUR RENTAL SERVICES, AND ANY THIRD PARTY SERVICES ACCESSED THROUGH OUR RENTAL SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THRID PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THRID PARTY SERVICES.
TO THE EXTENT PERMITTED BY THE LAW, NEITHER WIFIABROAD NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY CASE 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 OF 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, OR EXPRESSED ORALLY OR WRITTEN, 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 any remedy hereunder or later expressed.
By agreeing to the Rental Agreement's terms and conditions, you agree to indemnify, defend, and hold harmless Gadgetfusion Lda or the WifiAbroad website, 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 while renting the wifi device.
In the event we fail to perform any obligation pursuant this Agreement due to circumstances beyond our control, or any act of government, or any deficiency in materials or transportation, such failure will not be deemed to be a breach of this Agreement, provided that we notify you of the existence of and nature of the reason of our nonperformance and/or delay, and we resume performance immediately upon the conclusion of the relevant force majeure.