1. General Principles
“Customer” is the person who signs this rental agreement by signing the printed agreement or making a reservation through the company website at www.rentnconnect.com and who is entitled to use the tablets, accessories, and/or any other devices provided to him / her. “3B Sistem Teknoloji Hizmetleri Servis ve Ticaret A.Ş. and/or S.O. Travel Technologies GmbH” rents devices and accessories to Customer and will henceforth be referred to as “the Company” or “RnC”. “Device(s)” is (are) the tablet(s) or internet access devices renting to you for the agreed duration of the rental agreement and will include all parts and accessories fitted to it at the commencement of the rental.
The terms & conditions of the Rental Agreement (“Rental Agreement”) related to the Device rented to the Customer for the agreed duration of this Rental Agreement and will include all parts and accessories given to the Customer at the commencement of the rental. RnC is the owner of the Device and shall remain to be the owner of the Device.
The Customer understands and agrees that the Services are provided to him/her exclusively under these Terms.
By proceeding with booking and using the Services, the Customer acknowledges that s/he has read and understands the Terms and that s/he agrees to be bound by them. Company reserves the right to terminate the Customer’s use or access to the Services at any time for any reason, including, without limitation, if the Company learns that the Customer has provided false or misleading information or have violated the Terms.
2. Rental of Device
Customer must be of legal age (18 years) possess and present upon request by the Company a valid ID document (National national identification card or passport).
Customer must possess a valid credit card that has a credit limit equal to or greater than Device price on the date of the contract and the country where it is signed.
The total rent will vary according to the listed prices at the time of rental as printed on the rental agreement or the company website at www.rentandconnect.com (“RnC Website”) at the time of the reservation. Minimum rental period is 1 day, and the amount for 1 day shall be charged for any rentals shorter than 1 day. The currency exchange rate at the date of the payment shall apply according to the rates used by the Company.
4. Terms of Payment
Payment will be made via a credit card. The payment for the rental period in full is initially done at the time of reservation through RnC Website. If there are additional charges incurred during the rental period, the remaining balance to be paid is charged during the return of the Device or at the time of expiry of stay by the Company utilizing the customer credit card provided by the Customer. Interest on arrears of 5 percentage points p.a. above the respective base rate of the European Central Bank will be charged. The enforcement of a higher damage caused by default remains reserved. The rates for the rental and additional services are those that are effective on the date of signing the Rental Agreement. For tablet and/or smartphone rentals, Company collects a deposit (“Deposit”) as insurance against the non-return of the Pad(s), Smartphone(s) damages, theft or any other extra charges you may incur during the rental of the Pad(s). The value of the Deposit is independent of the number of rental days in the contract awarded. If after the reservation is made by the Customer, Company shall inform Customer if Deposit is required via e-mail including the directions. Before rental is possible, either a hold shall be placed on the credit card presented by the Customer for the Deposit amount or the Company must receive your deposit in full amount.
When you exceed allowance in any validity period, the “excess usage charges” specified in your pack may apply. We’ll endeavour to inform you when you are approaching your limit, but the responsibility to monitor usage and pay additional charges, if any, remains yours. Company also reserves the right to restrict or prohibit usage above the allowance.
a. Device cannot be used by any user other than the Customer or her / his close family members. When using the Device by minors, it is advisable to have adult supervision since the costs incurred by such use if any damage occurs will be the responsibility of the Customer who signed the Rental Agreement. 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, the customer is responsible for paying the charges for the Device, including roaming charges and other costs associated.
b. Device cannot be sub-leased.
c. The Customer cannot perform illegal activities or cause damage to equipment, loss of software or breach of security of any computer software or mark as well as utilizing the Device for illicit purposes.
d. Any use of the Device that may harm the good name of the Company [or, the brand of the Device], gives the Company the right to automatically terminate the rental agreement with immediate effect and claim for compensation of direct losses and damages incurred on the Company.
In particular, the Customer may not use the Device under any of the following conditions or for any of the following purposes:
• Close to inflammable or dangerous goods, as well as toxic, corrosive, radioactive or other harmful substances,
• Carrying anything which, because of its smell or condition, harms the Device or causes Company to lose time or money before it can rent the Device again,
• Connect any accessory (subject to prior authorization by the Company ), unless supplied by the Company
• To conduct illegal activities or cause damage to equipment, personnel, loss of software or violate the safety of any software or brand.
• For intentionally committing any offence.
The Customer will be liable for any offence committed during the rental period which relates in any way to his/her use of the Device, as if the Customer were the owner of the Device. Upon the request of the Police, court order or any official or administrative body the Company may have to transfer the Customer’s personal data. Such transfer will be done in accordance with the data protection regulations of the country of rental.
e. Wi-Fi is a high speed data service, but actual data speeds vary depending on your handset, the number of other users etc. Network Provider may need to allocate bandwidth at busy times in order to provide all our customers with the highest possible data rates and quality.
f. Your use of the Company Wi-Fi service is contingent upon your understanding and accepting the following terms:
• Access to the internet is provided for your personal use only.
• Viewing of, in particular but not only, pornographic material or any other obscene content of an adult nature is strictly forbidden.
• You may NOT use this Service to send in particular any threatening, malicious, obscene, derogatory, defamatory or untoward messages, remarks, comments or communication whatsoever.
• Copyright Infringement including downloading /filesharing in practice of distributing or providing access to digital media such as computer programs, multimedia (audio, images and video), documents or electronic books is strictly prohibited due to Copyright Law or licensing through any filesharing technologies including P2P or torrent downloading.
• You may not use the internet access provided by this Wi-Fi Service:
a- For any purpose that may be considered contrary to any applicable law.
b- For any anti-national activity
c- To transmit any information or materials, which breach any laws or regulations, infringe a third party's right or privacy, or are contrary to any relevant standards or codes.
d- To send unsolicited commercial or bulk electronic mail or any similar communication.
e- To make any fraudulent or speculative enquiries, bookings, reservations or requests or any activity of a similar nature.
f- Use any other person's credentials or account or impersonate any other person or indulge in any similar activity.
g- To transmit any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings or a link to such material.
h- To hack or gain illegal access to a website or online resource or to tamper with any website or online recourse or any similar activity.
i- To spread, send, use, transmit or caused to be spread, sent, used or transmitted any computer virus, spyware, malware or any similar activity.
g. Company is not responsible for any content or representation that is contained or may be available through the Wi-Fi Service. Company does not audit or verify the content generated through this Service or the content of advertisements or third party representations that may be present on the sign-in page or landing page of this Service.
h. The Company Wi-Fi Service is provided on an "as is- as available" basis and no guarantee, warranty or representation is made regarding the merchantability or fitness of the Service for any purpose. Further, no guarantee, warranty or representation is made as to the Service being error free or continuously available. Consequently, Company shall not be liable for any claim regarding the availability (or lack thereof) of the Service and/or the bandwidth/ speed available.
i. Company makes no representations, warrantees, guarantees or any endorsements as to the quality, suitability, functionality or legality of any products, Services or other offerings that may be advertised or made available by a third party through the Service or which may be linked to the Service. Accordingly, Company will not be a party to or in any way be responsible for any transaction that may occur between you and such third parties and you should always use prudent judgment in your association with such third parties.
6. Customer’s Obligations
a) At the time of signing this Rental Agreement, the Customer should check the status of the Device and accessories by completing the section “Delivery status of Device.
b) The Customer must return the Device in the same state it was delivered on the date of signing the Rental Agreement, otherwise the Customer is responsible for any repair costs resulting from damage presented.
c) The Device will be delivered to the Customer preloaded with software, the Customer must return the Device with the same software. Any other software or costs are not included in the Delivery Deed and are the sole responsibility of the Customer.
d) The Customer is responsible for taking care of the Device, keep it in good condition and reimburse Company for any damages arising from its use.
e) The Customer must return the Device to the place of delivery or use the return packaging included with the Device and give the return package including the Device to a representative of the hotel or the shipment company.
f) Company accepts a maximum delay of 30 minutes, after which additional charges may apply for late delivery according to the rates in the Rental Agreement.
7. The Rental Period
a) The rental duration is calculated based on indivisible periods of 24 hours, beginning at 00:00 am on the day of the arrival date provided by the customer b) The delivery of the Device to the Customer shall be at the location agreed by the Customer and the Company.
c) Should the Customer wish to keep the device for a period longer than that originally set out in the rental agreement, the Customer must first contact the Company in order to extend the duration of the rental agreement and if the period of rental is longer than the initial reserved period, than additional charges shall be calculated based on the additional days of rental.
8. Delivery and Return
a) The return of the Device must be made to an authorized representative of the Company or ship the Device to the company using the return packaging included with the Device and give the return package including the Device to a representative of the hotel or the shipment company. If the Device is returned without its accessories, the customer must pay the market value of the same date of the return of the Device.
b) The Company is entitled to withdraw from the contract insofar as we are not able to deliver the Device. The Company will immediately notify the Customer of the non-timely availability or non-availabilitiy of the Device.
c) The delivery date or delivery time is exclusively non-binding.
9. Theft, Accident, Damage or Confiscation
In case of third parties actions, such as confiscation or theft of the Device, the Customer must immediately inform Company through the contact information of the Company.
Company will use all legitimate means to secure their rights. Customer will be responsible for all expenses associated with the acts described above and for any direct, indirect or consequential damages (such as loss) for the Device, unless it is demonstrated that Company is directly responsible for the confiscation of the Device. The rental period will be completed automatically as soon as the Company is informed in writing of the seizure by the competent authorities or by the customer. In the case of theft of the Device, the Rental Agreement will end once the Company receives a copy of the theft declaration made by the customer to the police.
The Company reserves the right to pursue charging the payment to the Customer’s account at the Company, charge the credit card that the deposit provision was placed or utilize the cash that was given as deposit payment in case the payments that may be requested pursuant to this clause is not paid at once by the Customer upon request of the Company.
10. Technical Services and Maintenance
If during the rental period the Device is exposed to a problem or accident, the Customer must inform the Company. In these cases, Company has the option to choose between replacing the Device or cancel the lease. Company will not pay any maintenance costs or purchase of accessories associated with the Device during the rental period. The only entity authorized to perform this type of maintenance is the Company. Repair costs incurred by the customer will not be refunded, if any.
Company is uninsured against physical harm and property that the Customer may infringe a third party, resulting from an incident involving the Device. The Customer is 100% responsible for the costs it may incur due to these reasons, as well as any damage inflicted.
The Customer is liable for any financial losses that Company could suffer as a result of breach of any of the terms of the contract, and for any claims made by third parties. Customer agrees to pay damages that the Company suffers to enforce the terms of the contract, exempting Company from any liability. Under no circumstances the Company, or any of its officers, representatives or employees or RnC shall be liable for any losses, claims or legal actions related to direct, indirect or consequential losses in connection with the use and rental of the Device. Liability of the Company for damage, which has been caused by simple negligence, is ruled out inasmuch as it does not concern significant breach of duty, damage from fatal injury, bodily injury or damage to the health or warranty or claims are based on the product liability law. In the case of the breach of significant contractual duties, liability of the Company is limited in cases of simple negligence to the damage which is typically connected with the agreement and is foreseeable. In the case of simple negligent violations of non-essential contractual secondary obligations, The Company shall not be liable. The limitations of liability contained in this whole clause shall also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is affected. Any further liability is excluded without regard for the legal nature of the claimed claim. Insofar as our liability is excluded or restricted, this also applies to the personal liability of our employees, representatives and vicarious agents.
13. Fair Internet Usage
The daily unlimited internet shall be limited to the fair usage policy applied by the Mobile Operator Company for data access (upload and download), and shall start from the time of ordering or confirmation provided. Once the data access limit is exceeded, the speed of the mobile internet will decreased automatically by the operator. Customer understands that the data access is provided by the Mobile Operator, and RnC does not control the speed of the data access provided.
14. Offsetting / Right of Retention
The Customer is only entitled to the set-off, if his/her claims are determined without further legal recourse or undisputed. The Customer is also entitled to set off against our claims if s/he asserts claims or counterclaims from the same sales contract. The Customer is only entitled to exercise a right of retention to the extent that his/her counterclaim is based on the same contractual relationship.
15. Force majeure
a) If the occurrence of force majeure leads to an interruption of the performance, the Company and the Customer shall be released from their obligations under this contract for the period of interruption. If, in the case of force majeure, performance of the service is interrupted or permanently prevented for more than six months, the parties are entitled to terminate the contract in text form. Compensation claims are excluded. Force majeure includes, but is not limited to: war, orders of higher hand, sabotage, strikes and lockouts, natural catastrophes, geological changes and impacts.
b) The Company and the Customer shall be obliged to give notice with all details to the other immediately after the occurrence of a case of force majeure.
16. Data Protection
Insofar as a contractual relationship between the Customer and the Company initiates, will be established, substantiated or modified, the Company collects, saves and uses personal data of the Customer, as far as this is necessary for these purposes. The Compay treats personal data of the Customer confidentially and in accordance with the legal data protection regulations as well as this data protection statement. At the order of the competent authorities, The Company may provide information on these data in individual cases, as far as this is necessary for the purposes of law enforcement, averting a danger, the fulfillment of the statutory tasks of the authorities or the enforcement of intellectual property rights.
17. Severability Clause
If individual provisions of the agreement with the Customer including these Terms and Conditions should be or become fully or partly ineffective, the validity of the remaining provisions is not affected.
18. written form clause
All agreements made between the Company and the Customer for the execution of this contract are written down in this contract. There are no verbal side agreements.
19. Governing Law and Jurisdiction
This Rental Agreement shall be governed and construed in accordance with the Laws of Germany. Berlin Courts and Execution Offices shall be authorized to solve any disputes arising from this Rental Agreement.