Terms and conditions

Purchase Agreement

This Purchase Agreement - T&Cs sets forth the conditions on which we will provide the services offered through the travelwifi.com website ("the Website"). This Purchase Agreement - T&C's is a contract between you and TravelWifi., registered no. 0801833641, having its registered office at 9251 Park South View, Houston TEXAS 77051 - USA, branded as TravelWifi ("Company"), and covers all purchases made pursuant to this Website.

1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions which form the contract between us and include the terms upon which you agree to purchase the Products ("the Contract"). We agree to sell to you, and you agree to buy from us from the date of this Contract on the following terms and conditions.

1.2. Why you should read them.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU SUBMIT ANY ORDER TO US.

These terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms or require any changes, please contact us to discuss.

1.3. Are you a business customer or consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

you are an individual
you are purchasing the Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase of the Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

1.5. Reference to the "Products" are to the Teppy powered by Sapphire, the pocket WiFi, User manual, Universal Adaptor, Travel Case, Smart Luggage Tag, Airtime and data.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. Who we are. We are TravelWifi and are a company registered in United States. Our company registration number is 0801833641 and our registered office is at 9251 Park South View, Houston TEXAS 77051 - USA. Our registered VAT number is [32051735044].

2.2. How to contact us. You can contact us by telephoning our customer service team at +1 877 888 3741 or by writing to us at 9251 Park South View, Houston TEXAS 77051 - USA or by email to support@travelwifi.com or directly on the website travelwifi.com

2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.

3.2. Your order number. We will assign an order number to your order and tell you what it is when we send you out the confirmation of Contract. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

4.1. Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Your Product may vary slightly from those images.

4.2. Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.

4.3. Use of the Products. Until the Products are returned to us in accordance with clause 10 you will at your own expense:
4.3.1 ensure that the Products are used in accordance with manufacturer’s guidelines;
4.3.2 keep possession of the Products and not do anything or permit anything to be done which might prejudice our interest in the Products;
4.3.3 not use or permit the Products to be used in a manner contrary to or in violation of any applicable law or regulation;
4.3.4 not sell, assign, transfer, mortgage, charge or part with possession of, or otherwise deal with or dispose of the Products or any interest therein, nor agree to do so;
4.3.5 on being given reasonable notice, allow us and persons authorised by us to inspect the Products and give access for such purpose to such Products wheresoever they may be located;
4.3.6 keep the Products in good working order, condition and repair so far as you are able to do so; and
4.3.7 bear the risk of any loss or damage to the Products however it is caused and notify us immediately in writing if the Products are lost, damaged or confiscated.

4.4. Alterations to the Products. You must not make any alterations to the Products and no components shall be removed from the Products without our prior written consent. You agree that all substitutes, replacements, renewals and additions in or to the Products shall be or thereby become our property free from any encumbrance and subject to these terms and conditions.

4.5. Complaints If upon taking delivery of the Products you have any complaints, you must immediately notify us giving full details, and if such notification is not in writing, provide written confirmation as soon as possible afterwards.

4.6. Insurance. You must insure the Products comprehensively against any loss or damage from all risks and for their full replacement value from the date of our acceptance of our order until we confirm to you that we have safely received the Products back from you. You must pay punctually all premiums due in relation to such insurance. The insurances must be maintained with a reputable insurer. If you have to make an insurance claim you must tell us immediately in writing. You must not agree a settlement of a claim without our written permission. You must appoint us as your agent and authorise the insurance company to pay any settlement of claims on the Products to us. If you receive any proceeds from an insurance claim they shall be held on trust for us and paid to us without delay. You shall not do or omit to do anything which is contrary to the terms of any policy of insurance or which might entitle the insurers to cancel any policy or reduce or avoid any liability or claim.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. OUR RIGHTS TO MAKE CHANGES

6.1. Minor changes to the Products. We may change the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.

6.2. More significant changes to the Products and these terms. We may make more significant changes to the Products but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not used.

6.3. Updates to digital content. We may update or require you to update digital content.

7. PURCHASE OF THE PRODUCTS

7.1. Delivery costs. The costs of delivery will be as displayed to you on our website. You will be liable for all delivery costs including those charges connected with the return of the Products by you to us. If you fail to pay such costs, and we are compelled to pay them for you, you agree that you will reimburse us for such costs and your failure to do so will be deemed to be a breach of an essential condition of this Contract.

7.2. Delivery date of the Products. We will deliver the Products to you 14 days after you have entered into this Contract. You must allow at least 14 days between your entry into this Contract and your intended receipt of the Products unless you consent to receive the Products from us during your cancellation period (see clause 8.3). If you do request to receive the Products within 14 days of your entry into this Contract then you and we agree that we will treat this as your consent to receiving the Products within your cancellation period. If you should subsequently seek to cancel this Contract during this cancellation period then you may be liable to pay to us compensation and/or damages (see clause 10.3). If you cancel your subscription within three months of purchase, you will be charged for the cost of the device. We are not responsible for delays outside our control. If our supply of the Products to you is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refunds for any Products you have paid for but not used.

7.3. If you are not at the Designated Address when the Product is delivered. If no one is available at your Designated Address to take delivery and the Products are unable to be left safely at the Designated Address, then we will leave you a note to rearrange delivery or for you to collect the Products from a local delivery depot. If you do not collect the Products from the depot or if, after a failed delivery to you, you do not re-arrange delivery we may end the Contract and clause 10.2 of these terms and conditions will apply.

7.4. When you become responsible for the Products. A Product will be your responsibility from the time we deliver it to your Designated Address regardless of whether you are at the Designated Address at that time.

7.5. Acceptance of the Products. Upon delivery you will inspect the Products and satisfy yourself that they are in good working order and condition and meet your requirements. Unless you notify us of any faults, shortages or other defects in or issues with the Products within 5 days of the date of delivery of the Products, we shall be entitled to assume that they are complete, in good working order and condition, of satisfactory quality and meet your requirements. You may be asked to sign a Certificate of Acceptance which will be passed to us and relied upon by us as evidence that you were happy with the Products. This clause does not affect your statutory rights.

7.6. Reasons we may suspend the supply of the Products to you. We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product (see clause 6).

7.7. Your rights if we suspend the supply of the Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 48 hours we will adjust the price so that you do not have to pay for the Products while they are suspended. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for the Product in respect of the period remaining after you end the Contract.

7.8. We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid to us the outstanding amounts or end the Contract with you. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the sums due (see clause 14.7). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 14.6).

8. YOUR RIGHTS TO END THE CONTRACT

8.1. Terms on which you can end your Contract with us. Your rights when you end the Contract will depend on what you have purchased, whether there is anything wrong with it, how we are performing, when you decide to end the Contract and whether you are a consumer or business customer:

(a) if what you have purchased is faulty or mis-described you may have a legal right to end the Contract or to get the Product repaired or replaced or to get some or all of your money back, see clause 12 if you are a consumer and clause 13 if you are a business;

(b) if you want to end the Contract because of something we have done or have told you we are going to do, see clause 8.2;

(c) if you are a consumer and have just changed your mind about the Product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of the Products.

(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind) see clause 8.4.

8.2. Ending the Contract because of something we have done or are going to do. If you are ending the Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the Product, our fees or charges or changes to these terms which you do not agree to (see clause 6.2);

(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;

(d) we have suspended supply of the Products for technical reasons, or notify you that we are going to suspend the supply for technical reasons, in each case for a period of more than 48 hours; or

(e) you have a legal right to end the Contract because of something we have done wrong.

8.3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days of your entry into this Contract. This 14 day period is known as your cooling-off period. If you exercise your right to cancel, and you have received the Products, you must return the Products to us immediately. You will be liable for the costs of the return and may also be liable for other costs (see clause 10.3). If you cancel your subscription within three months of purchase, you will be charged for the cost of the device.

8.4. Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind under clause 8.3 above, you can still end this Contract. This Contract will end within 30 days after the day on which you contact us to notify us that you wish for this Contract to end. Your cancellation rights will not apply in relation to any services that have been completed, even if the cancellation period is still running. If you cancel your subscription within three months of purchase, you will be charged for the cost of the device.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1. Tell us you want to end the Contract. To end this Contract with us, please let us know doing one of the following:

(a) Phone or email. Call customer services or email Travelwifi's Support team. Please provide your name, home address, Designated Address, details of the order and, where available, your phone number and email address.

10. RETURN OF THE PRODUCTS after you end the Contract.

10.1. Procedure for return. If you end this Contract for any reason after you have received the Products or after the Products have been dispatched to you you must return the Products to us within 5 days of your notice to us that you wish to end this Contract. You must post them back to us at our office address. If you are a consumer exercising your right to change your mind you must return the Products to us within 14 days of telling us you wish to end this Contract.

10.2. Costs of return. We will pay the costs of return:

(a) if the Products are faulty or misdescribed; or

(b) if you are ending Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances including where you are a consumer exercising your right to change your mind you must pay the costs of return.

10.3. Deductions from refunds if you are a consumer exercising your right to change your mind.

10.3.1. If you are exercising your right to change your mind and you are claiming a refund:

(a) we may reduce the value of your refund to reflect any reduction in the value of the Products, if this has been caused by your handling or using the Products in a way which would not be permitted in a shop. If we refund the price paid before we are able to inspect the Products and later discover you have handled or used them in an unacceptable way, you must pay to us an appropriate amount;

(b) we may deduct from any refund an amount to reflect your use of the Products before you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

10.3.2. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then the refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with satisfactory evidence that you have sent the Product back to us.

11. OUR RIGHTS TO END THE CONTRACT

11.1. We may end the Contract if you breach it. We may end this Contract with you and/or, separately or together, the Product at any time if:

(a) you do not make any payment to us, including but not limited to any payment, when it is due and you still do not make payment within 7 days of our reminding you that payment is due;

(b) you do not, within a reasonable time of us asking you for it, provide us with information that is necessary for us to provide the Products, for example the Designated Address; and/or

(d) you have provided any false or misleading information upon which we have relied when entering into this Contract with you;

(e) you become insolvent or enter into any arrangements with your creditors;

(f) you die;

(g) you breach or fail to comply with any of these terms and conditions.

11.2. You must compensate and indemnify us if you breach this Contract. If we end this Contract in the situations set out in clause 11.1. we may claim compensation from you and/or you agree to indemnify us for any costs we incur as a result of your breaching the terms of the Contract including any delivery costs, repair or replacement costs, refurbishment costs, repossession costs, collection costs, legal costs or other such costs that may result from your breach. This terms survives termination, expiry and/or any Court Judgment.

11.3. Mutual Termination: We may terminate this agreement by mutual agreement with you. Our agreement to terminate under this clause is subject to our absolute, but reasonable, discretion.

12. WARRANTIES AND EXCLUSION OF LIABILITY

12.1. You shall have no right, title or interest in the Products except, provided you have complied with your obligations hereunder, the right to quiet possession and use of the Products on these terms and conditions. We will remain the owner of the Products for the entirety of this Contract with you.

12.2. We exclude from this Contract all implied warranties, conditions or guarantees relating to the correspondence with description or sample, fitness for purpose or quality of the Products to the fullest extent permitted by law.

12.3. We will not have any liability to you (except for death or personal injury caused by our negligence), whether in Contract or in tort, for any loss (including consequential loss), damage or expense which you may suffer as a result of your use of the Products or entry into this Contract.

12.4. So far as we are legally entitled to do so, our liability to you will not exceed and shall be limited at all times to the total cost of the sums which you have paid to us under the terms of this Contract.

12.5. You warrant to us that if you are hiring the Products on behalf of an entity rather than for your own personal use, you are fully authorised to enter into this Contract on behalf of such entity and to bind such entity to the terms and conditions set forth in this Contract. If this warranty should fail for any reason, you confirm that you will take personal liability for the obligations set out within this Contract as if you personally had entered into it with us.

13. INDEMNITY

You shall indemnify us against all claims, liabilities, losses, damages, costs, fines, penalties and expenses incurred or suffered directly or indirectly by us, (except for injury or death caused by our negligence) in connection with this Contract or the Products including, without limitation, in relation to any Product or strict liability relating to the Products or any contravention of intellectual property rights.

14. PAYMENT

14.1. Price of the Product You agree to pay to us the price indicated on the order form when you placed your order at the time of your order. This will include subscription charges, service charges and usage charges as indicated on the order form. If you have opted for any extras these will also be included within the price of the Product which you must pay to us.

(a) Subscription charges: subscription charges will begin after your cancellation period has expired or if you have requested to receive the Products during the cancellation period from the date your Products are delivered to your Designated Address (see clause 7.5). We will write to you to confirm your entry into this Contract with us, when the Products will be delivered to you by sending to you an email to the email address you have provided in your order form. You must make the payments to us by debit card, credit card, Apple Pay or Paypal. If you cancel your subscription within three months of purchase, you will be charged for the cost of the device.

(b) Service charges:

14.2. Other fees, charges, interest or costs ("Charges"). You are responsible for any Charges which you may incur either as part of this Contract or in relation to your use or return of the Products. All current Charges which we can foresee are available on our website travelwifi.com If you incur any third party Charges arising out of your use of the Products or out of this Contract, then you shall be liable to pay such Charges directly to the third party to whom they are due. You and we agree that we are not liable for such Charges and you indemnify us in this regard. If we are compelled to pay these Charges on your behalf you expressly agree to reimburse us for such Charges.

14.3 How charges work.

(a) Pay-as-you-go. You will be charged for all usage on a weekly basis. Charges will be placed to the credit card or PayPal account used to place your order, but you can switch billing method at any time by getting in touch with us. Alternatively, you can choose to be charged on a pre-paid basis (meaning you pre-pay for day-passes in advance, and once you run out, your device will stop working). You can contact us to request this change.

(b) Subscription. Although you are charged for the first month of your subscription up-front upon purchase, your subscription period will only start the day you receive your device. You will be charged automatically thereafter every 30 days. You can contact us to cancel your subscription (i.e. switch to pay-as-you-go) at any time. If you cancel your subscription within three months of purchase, you will be charged for the cost of the device.

14.4. Loss, Damage or Theft. You are liable to pay to us any fees, costs or charges arising out of the loss, theft or damage to the Products and to pay to us an amount reflecting the cost of the lost, stolen or damaged Product(s) should you fail to be able to successfully rely on any insurance required by clause 4.6. The cost of each element of the Products are available on our website at https://www.travelwifi.com/ These costs may be subject to change depending on legal or market changes but any such change will be reasonable. We will notify you should we update the costs of the Products following your entry into this Contract with us. If you are unhappy with the changes made you may end the Contract in accordance with clause 8.2 above.

14.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

15. GENERAL

15.1 If you consist of more than one person, each such person will be liable individually as well as together for the full extent of your commitments made under this Contract.

15.2 We shall be entitled to set-off against any amount due from us to you under this Contract or otherwise, any amount payable by you to us or any liability that you have to us under this Contract or any other contract or arrangement of whatsoever nature.

15.3 Any communication either party sends to the other will be assumed to have arrived:

15.3.1 two working days after it has been posted provided the communication is sent by first class post to the appropriate address set out in the order form or in this Contract or to any other address either party may give to the other In the course of this Contract; or

15.3.2 twenty-four hours after it is sent by email, provided the email is sent to the appropriate email address specified in the order form, this Contract or to any other email address either party may give to the other in the course of this Contract.

15.4 This Contract comprises the entire agreement between you and us and shall not be varied otherwise than by the written agreement from us.

15.5 No third party is our agent and no one has any authority to make any representations or to give any conditions or warranties on our behalf.

15.6 No delay or failure in our exercising any power or right under this Contract or grant of indulgence or forbearance shall operate as a waiver by us or in any way affect our rights under this Contract.

15.7 If any provision is held invalid, illegal or unenforceable then, to the extent permitted by law, the validity, legality and enforceability of the remaining provisions shall not be affected in any way.

15.8 You are not entitled to assign any of your rights or obligations under this Contract without our written consent. You acknowledge that we may assign our rights under this Contract to a third party.

15.9 This Contract is governed by the United States of America law and shall be subject to the jurisdiction of the United States of America courts.

15.10 References in this Contract to statutes or regulations shall include such statutes or regulations as amended or re- enacted from time to time.

15.11 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.

15.12 We operate a complaints handling procedure, a copy of which is available upon request and/or will be sent to you upon our acknowledgment of a complaint from you. This will be provided to you by us free of charge. If you have a complaint, we will investigate it and may give any redress to which we feel you are entitled.

Rental Agreement

This Rental Agreement - T&Cs sets forth the conditions on which we will provide the services offered through the travelwifi.com website ("the Website"). This Rental Agreement - T&C's is a contract between you and Fonmigo Ltd., registered no. 07267408, having its registered office at 326 Kensal Road, London, W10 5BZ, United Kingdom, branded as Travelwifi ("Company"), and covers all rentals made pursuant to this Website.

1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions which form the contract between us and include the terms upon which you agree to hire the Products ("the Contract"). We agree to hire to you, and you agree to hire from us, the Products for such Hire Period as we may agree but which will be no more than three months from the date of this Contract on the following terms and conditions.

1.2. Why you should read them.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU SUBMIT ANY ORDER TO US.

1.3. Are you a business customer or consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

you are an individual
you are hiring the Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your hire of the Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

1.5. Reference to the "Products" are to the Teppy, the pocket WiFi, User manual, Universal Adaptor, Travel Case, Smart Luggage Tag, Airtime and data.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. Who we are. We are Fonmigo Limited trading as Travelwifi and are a company registered in England and Wales. Our company registration number is 07267408 and our registered office is at 119 The Hub 300 Kensal Road, London, England, W10 5BE. Our registered VAT number is [107 7280 22].

2.2. How to contact us. You can contact us by telephoning our customer service team at 0203 3182523 or by writing to us at 119 The Hub 300 Kensal Road, London, England, W10 5BE or by email to support@travelwifi.com or directly on the website travelwifi.com

2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

4. OUR PRODUCTS

4.1. Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Your Product may vary slightly from those images.

4.2. Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.

5. YOUR RIGHTS TO MAKE CHANGES

6. OUR RIGHTS TO MAKE CHANGES

6.3. Updates to digital content. We may update or require you to update digital content.

7. HIRING OF THE PRODUCTS

7.2. Hire Period.

7.2.1. When you place an order with us, we will ask you to designate an address ("Designated Address") to which you would like the Products delivered.
7.2.2. The period between your entry into this Contract and your Hire End Date ("Hire Period") must be no more than 3 months.
7.2.3. You and we agree that as the Hire Period will never be any more than 3 months there will be no hire agreement between us which is capable of subsisting for longer than 3 months and as such the hiring of the Products will fall outside of the regulation of the Consumer Credit Act 1974 ("CCA"). We both agree that you are therefore not entitled to rely on the provisions of the CCA, and we are not obliged to comply with the relevant provisions of the CCA. We both agree that we intend this Contract between us to be a short term unregulated hire transaction for three months or less.
7.2.4. As this Contract between us will expire in no more than 3 months, should you require any further hiring you will be required to enter into a new Contract with us.

7.3. Delivery date of the Products. We will deliver the Products to you 14 days after you have entered into this Contract. You must allow at least 14 days between your entry into this Contract and your intended receipt of the Products unless you consent to receive the Products from us during your cancellation period (see clause 8.3). If you do request to receive the Products within 14 days of your entry into this Contract then you and we agree that we will treat this as your consent to receiving the Products within your cancellation period. If you should subsequently seek to cancel this Contract during this cancellation period then you may be liable to pay to us compensation and/or damages (see clause 10.3). We are not responsible for delays outside our control. If our supply of the Products to you is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refunds for any Products you have paid for but not used.

7.4. If you are not at the Designated Address when the Product is delivered. If no one is available at your Designated Address to take delivery and the Products are unable to be left safely at the Designated Address, then we will leave you a note to rearrange delivery or for you to collect the Products from a local delivery depot. If you do not collect the Products from the depot or if, after a failed delivery to you, you do not re-arrange delivery we may end the Contract and clause 10.2 of these terms and conditions will apply.

7.5. When you become responsible for the Products. A Product will be your responsibility from the time we deliver it to your Designated Address regardless of whether you are at the Designated Address at that time until we have received the Product back from you in accordance with clause 10.1.

7.6. Acceptance of the Products. Upon delivery you will inspect the Products and satisfy yourself that they are in good working order and condition and meet your requirements. Unless you notify us of any faults, shortages or other defects in or issues with the Products within 5 days of the date of delivery of the Products, we shall be entitled to assume that they are complete, in good working order and condition, of satisfactory quality and meet your requirements. You may be asked to sign a Certificate of Acceptance which will be passed to us and relied upon by us as evidence that you were happy with the Products. This clause does not affect your statutory rights.

7.7. Reasons we may suspend the supply of the Products to you. We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product (see clause 6).

7.8. Your rights if we suspend the supply of the Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 48 hours we will adjust the price so that you do not have to pay for the Products while they are suspended. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for the Product in respect of the hire period remaining after you end the Contract.

7.9. We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid to us the outstanding amounts or end the Contract with you. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the sums due (see clause 14.7). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 14.6).

8. YOUR RIGHTS TO END THE CONTRACT

8.1. Terms on which you can end your Contract with us. Your rights when you end the Contract will depend on what you have hired, whether there is anything wrong with it, how we are performing, when you decide to end the Contract and whether you are a consumer or business customer:

(a) if what you have hired is faulty or mis-described you may have a legal right to end the Contract or to get the Product repaired or replaced or to get some or all of your money back, see clause 12 if you are a consumer and clause 13 if you are a business;

(b) if you want to end the Contract because of something we have done or have told you we are going to do, see clause 8.2;

(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind) see clause 8.4.

(a) we have told you about an upcoming change to the Product, our fees or charges or changes to these terms which you do not agree to (see clause 6.2);

(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;

(d) we have suspended supply of the Products for technical reasons, or notify you that we are going to suspend the supply for technical reasons, in each case for a period of more than 48 hours; or

(e) you have a legal right to end the Contract because of something we have done wrong.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1. Tell us you want to end the Contract. To end this Contract with us, please let us know doing one of the following:

10. RETURN OF THE PRODUCTS after you end the Contract or at the Hire End Date

10.1. Procedure for return. If you end this Contract for any reason after you have received the Products or after the Products have been dispatched to you or if you have reached the Hire End Date you must return the Products to us within 5 days of either the Hire End Date or of your notice to us that you wish to end this Contract. You must post them back to us at our office address. If you are a consumer exercising your right to change your mind you must return the Products to us within 14 days of telling us you wish to end this Contract.

10.2. Costs of return. We will pay the costs of return:

(a) if the Products are faulty or misdescribed; or

(b) if you are ending the hiring or Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances including where you are a consumer exercising your right to change your mind you must pay the costs of return.

10.3. Deductions from refunds if you are a consumer exercising your right to change your mind.

10.3.1. If you are exercising your right to change your mind and you are claiming a refund:

10.4. Late return If you fail to return the Products to us within the time limit set out in these terms and conditions you will become liable to pay to us a fee in relation to this late return ("Late Return Fee"). This Late Return Fee is chargeable and accrues daily. Part of a day will be treated as a full day for these purposes. Our Late Return Fee is $9.95 per day per delays, up to a maximum of $300. This Late Return Fee is subject to change depending on legal or market changes but any such change will be reasonable. We will notify you should we update the Late Return Fee following your entry into this Contract with us.

11. OUR RIGHTS TO END THE CONTRACT

11.1. We may end the Contract if you breach it. We may end this Contract with you and/or, separately or together, the hiring of a Product at any time if:

(a) you do not make any payment to us, including but not limited to any hire payment, when it is due and you still do not make payment within 7 days of our reminding you that payment is due;

(b) you do not, within a reasonable time of us asking you for it, provide us with information that is necessary for us to provide the Products, for example the Designated Address; and/or

(d) you have provided any false or misleading information upon which we have relied when entering into this Contract with you;

(e) you become insolvent or enter into any arrangements with your creditors;

(f) you die;

(g) you breach or fail to comply with any of these terms and conditions.

11.3. Mutual Termination: We may terminate this agreement by mutual agreement with you. Our agreement to terminate under this clause is subject to our absolute, but reasonable, discretion.

12. WARRANTIES AND EXCLUSION OF LIABILITY

13. INDEMNITY

14. PAYMENT

14.1. Price of the Product You agree to pay to us the price indicated on the order form when you placed your order at the time of your order. This will include hire charges, service charges and usage charges as indicated on the order form. If you have opted for any extras these will also be included within the price of the Product which you must pay to us.

(a) Hire charges: hire charges will begin after your cancellation period has expired or if you have requested to receive the Products during the cancellation period from the date your Products are delivered to your Designated Address (see clause 7.5). We will write to you to confirm your entry into this Contract with us, when the Products will be delivered to you and your payment dates by sending to you an email to the email address you have provided in your order form. You must make the payments to us by debit card, credit card, Apple Pay or Paypal.

(b) Service charges:

14.3. Loss, Damage or Theft. Loss, Damage or Theft. You are liable to pay to us any fees, costs or charges arising out of the loss, theft or damage to the Products and to pay to us an amount reflecting the cost of the lost, stolen or damaged Product(s) should you fail to be able to successfully rely on any insurance required by clause 4.6. These costs may be subject to change depending on legal or market changes but any such change will be reasonable.

Charges break down as follows: $120 per TravelWifi device, $15 per wall plug socket, $10 per pouch, $5 per cable. In the event that all Equipment is lost or damaged, the total charge payable is $150. Damaged equipment is defined as equipment that is no longer fit for re-use, including cosmetic damage that significantly deteriorates the user experience (e.g. cracked screen).

14.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

15. GENERAL

15.1 If you consist of more than one person, each such person will be liable individually as well as together for the full extent of your commitments made under this Contract.

15.3 Any communication either party sends to the other will be assumed to have arrived:

15.4 This Contract comprises the entire agreement between you and us and shall not be varied otherwise than by the written agreement from us.

15.5 No third party is our agent and no one has any authority to make any representations or to give any conditions or warranties on our behalf.

15.9 This Contract is governed by English law and shall be subject to the jurisdiction of the English courts.

15.10 References in this Contract to statutes or regulations shall include such statutes or regulations as amended or re- enacted from time to time.

15.11 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.

16. DATA PROTECTION

Please read our Privacy Notice prior to entering into this Contract with us. If you have any questions about this Privacy Notice then you must immediately notify us of this by telephoning our customer service team at 0203 3182523 or by writing to us at 119 The Hub 300 Kensal Road, London, England, W10 5BE or by email to support@travelwifi.com and should not enter into this Contract. If you are unhappy about how your personal data has been used or anything else to do with how we have acted in relation to your personal data at any time please request a copy of our complaints policy. You also have a right to complain to the Information Commissioner's Office which regulates the handling of personal data. You can contact them by telephone on 0303 123 1113 or by post to Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Their website address is https://ico.org.uk