RENTAL AGREEMENT



This Rental Agreement sets forth the conditions on which we will provide the services offered through the WiFiBB.com website (the "Website").
This Rental Agreement is a contract between you and WifiPack Ltd (the "Company"), and covers all rentals made pursuant to this Website.

BEFORE YOU CLICK ON THE "BOOK NOW" BUTTON, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY CLICKING ON THE "I HAVE READ AND AGREED TO THE RENTAL AGREEMENT" CHECKBOX, 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 ON THIS CHECKBOX OR CONTINUE WITH THE BOOKING PROCESS. WE RESERVE THE RIGHT TO AMEND THIS RENTAL AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. ANY SUCH CHANGES WILL APPLY TO ALL FUTURE RENTALS ENTERED INTO AFTER THE DATE ON WHICH SUCH AMENDMENT GOES INTO EFFECT. PLEASE STUDY THE LATEST RENTAL AGREEMENT BEFORE YOU CONFIRM YOUR BOOKING.

1. Nature of Services


Company provides a wireless modem rental service (the "WiFiBB"), along with user guides and accessories (collectively, the "Equipment") to travelers who plan to visit a range of destinations from Hong Kong. We do not offer Equipment for sale on this Website.

2. Eligibility to rent equipment


While our Equipment may be used by travelers of any age, we can only rent to adults who are at least 18 years of age, and 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 set forth herein.

3. Use of equipment


When you place an order to rent the WiFiBB, we will ask for your Departure Date and Return Date. The Equipment, along with an accompanying user guide, will then be picked up by you at Company’s office before you leave Hong Kong for your selected destination. It is your responsibility to inspect all Equipment upon receipt and to verify that it is in good working order and condition. It is your responsibility to ensure that you are available to pick up our Equipment on your Departure Date as indicated by you on the online booking form.

4. Returns


(a) In Person. All Equipment should be returned in accordance with our return instructions in person to the Company’s office. The Equipment shall be returned in good working order and condition. You assume all risk of loss and/or damage from the return of all Equipment if it is returned otherwise than by you in person to our Company’s office.

5. Fees and charges


(a) Rental Fees. Rental fees for the use of our Equipment are assessed commencing as of the Departure Date and ending as of the date on which the Equipment is returned and received by us. Our current rental fees is posted on our Website and for other charges, please refer to Appendix I – Schedule of Other Charges, which may be amended from time to time without prior notice. Upon your rental confirmation, the daily Contract Rate (before any promotional discounts) in the said rental is then fixed i.e. any subsequent changes on the daily rates as published in our Website from time to time will not have any effect in the said rental. 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.

To place any booking, we require a credit card to pay for the rental fee and a Deposit to pay for other anticipated charges, if any. Upon your confirmation, rental fee will be charged forthwith but the Deposit will be secured by an authorization hold on the same credit card and upon our receipt of your Equipment following your Return, will be cleared or refunded to you after deducting any damage charges or late fees.

(b) Reschedule Fees. For any rescheduling including a change of rental period and/or a change of destinations, a rescheduling fee (see Appendix I) will be charged for our administration work. Customer will also be charged for any difference in the rental fee for the said change.

The reschedule should be informed before the original departure date.

(c) Charges for Loss or 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, in accordance with the schedule under Appendix I, at our discretion and apply them toward any deposit, or in the alternative, bill them directly to your credit card. Charges for the loss of the Equipment will be applied toward the deposit or billed to a credit card in the amount as set forth in Section 5 (d) below.

(d) Late Fees. Failure to return the Equipment (including all accessories and user guides) promptly to us will result in the incurrence of additional late charges. All returns must be made on or before your designated Return Date. In the event that we do not receive the Equipment, or any portion of the Equipment after the designated rental end date, you will be incurring a daily fee per the daily Contract Rate until the date on which the Equipment is returned and received by us. In case the equipment is not returned within 7 days of your designated Return Date, the Equipment is deemed loss by you and we will forthwith, without further notice to you, notify the local carrier to cut the local wi-fi service for the concerned Equipment. You will be charged for the Late Fees of 7 days together with a Fix Fee equivalent to the amount for the loss of the Equipment. Please refer to Appendix III on the Schedule of Fix Fees for the Loss of Equipment in different countries. If for any reason you are unable to return the Equipment to us, including but not limited to the Equipment being lost or stolen during the Rental Period, then you should contact us immediately, so that you do not incur the additional late charges. The Company will not accept any replacement devices as a substitute for any of the loss Equipment or any parts thereof. After deducting all the late fees and the respective charges, we will refund you the balance of the deposit, if any.

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 or damage charges or late fees that you have incurred. If it becomes necessary for us to institute collection procedures against you, you agree to pay our costs of collection, including without limitation all reasonable legal fees. Any late fees that we collect will not waive any other right or remedy that may otherwise be available to recover from you under this Agreement.

6. Deposit Policy


Upon our receipt of the Equipment following your Return, if there is no outstanding charges, we will cancel the deposit secured by authorization hold on the same credit card used when placing the order. If there is any outstanding charges, it will be charged against the deposit, and after deducting all charges, the balance of the deposit, if any will be credited to your same credit card account within 21 days from our date of receipt of the Equipment.

7. Cancellation


If reservation is cancelled on the Designated Departure Date, no refund will be made but you will not be charged for the deposit. If reservation is cancelled within seven (7) days prior to the Designated Departure Date, you will be charged 50% of the rental fee but will not be charged for the deposit. If reservation is cancelled eight days or more before the Designated Departure Date, you will be charged 25% of the rental fee but will not be charged for the deposit. Cancellation fee for cancellations due to red outbound travel alert will be waived.

8. Fair Usage Policy and Additional Charges


To comply with the fair usage policy of local network providers, a “Daily Data Limit" is in effect for each destination. Please refer to Appendix II for the latest committed usage for each country. If your usage goes over that limit, additional charge will be levied on a per-MB basis. The calculation of additional charges of each destination is listed on our "Fair Usage Policy" page, which the Company reserves the right to amend from time to time without prior notice.

For the destinations which can apply "No Data Limit" promotion, no additional usage charge will be incurred. Please note that speed limitation will be applied after certain usage is used according to the fair usage policy of different network provider.

9. Ownership of equipment


By using this service, you agree and acknowledge you are renting the Equipment for travel purposes only, and that you will acquire no rights in the Equipment. You agree that we will retain all ownership of the Equipment, including but not limited to user guides and accessories.

10. Customer warranty


If you are renting the 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 such 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.

11. Company warranty


Subject to Section 13 below, Company warrants that the Equipment will be delivered in good working order and condition, and that it will continue to operate properly during the term of the Rental Period.

12. Remedies


In the event of any failure to meet the Company Warranty set forth in Section 11 above, our sole liability and your sole and exclusive remedy will be waiver of the Rental Fees.

13. Disclaimer of Warranties


COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, 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 OUR USER GUIDE, 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 OF YOUR NEEDS, OR THAT ANY THIRD PARTY SERVICES THAT YOU ACCESS THROUGH THE USER GUIDE WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. WE CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, NETWORK COVERAGE OR OPERATION OF ANY THIRD PARTY SERVICES. COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE EQUIPMENT, OUR RENTAL SERVICES, AND ANY THIRD PARTY SERVICES ACCESSED THROUGH OUR USER GUIDE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY SERVICES. WHILE WE WILL MAKE EVERY EFFORT TO ERASE ALL PERSONAL INFORMATION LEFT ON RETURNED EQUIPMENT, WE CANNOT BE RESPONSIBLE FOR ENSURING THE PROTECTION OF PERSONAL INFORMATION LEFT ON RETURNED EQUIPMENT. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS RENTAL AGREEMENT. YOU SHOULD CHECK THAT IN CERTAIN COUNTRIES, THE THIRD PARTY SERVICE CARRIERS DO IMPOSE A DAILY COMMITTED USAGE OF DATA DOWNLOAD (SEE APPENDIX 2) WHICH ARE SUBJECT TO CHANGE BY THE RESPECTIVE CARRIERS WITHOUT PRIOR NOTICE. ANY ABOVE THE COMMITTED USAGE WILL INCUR ADDITIONAL CHARGES AS STATED UNDER SECTION 8.

14. Consequential Damages; Limitation of Liability


TO THE EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT 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 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 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 OF ANY REMEDY HEREUNDER.

15. Indemnification


By agreeing to this Rental Agreement, you agree to indemnify, defend, and hold harmless the Company, 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 legal 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 through our user guide.

16. Miscellaneous


We reserve the right to discontinue our rental services or terminate and/or amend this Rental Agreement at any time at our sole discretion. Expiration or termination of this Rental Agreement will not relieve you of any payment obligations hereunder. Sections 5, 6, 8, 9, 14-17 shall survive any such expiration or termination. You may not assign or transfer any of your rights or obligations under this Rental Agreement without our prior written consent. You agree that we may assign this Rental Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the terms of this Rental Agreement, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any provision of this Rental Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Rental Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the Parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.

17. Force Majeure


In the event we 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 we notify you of the existence and nature of the reason for our nonperformance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure.

18. Governing law; Dispute Resolution


Any dispute arising under this Agreement will be subject to binding arbitration by a single Arbitrator with the Hong Kong International Arbitration Centre (HKIAC), in accordance with its relevant industry rules, if any. The parties agree that this Rental Agreement will be governed by and construed and interpreted in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China. The arbitration will be held in Hong Kong. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Rental Agreement. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.

19. Rental period


The Rental Period commences on your departure date ("Departure Date") and expires upon your designated return date ("Return Date").


Appendix I – Schedule of Other Charges

Item

(a) Red outbound travel alert cancellation fee
(b) Reschedule of rental period and/or designation
(c) Loss or damage of sim card
(d) Loss or damage of cable
(e) Loss or damage of transformer
(f) Loss or damage of sim lock label
(g) Loss or damage of user guide
(h) Loss or damage of pouch bag
(i) Loss or damage of device

Amount (HK$)

$0
$200
$400
$20
$80
$400
$10
$20
$1000



Appendix II – Schedule of Committed Usage

Country

A. Group A Territory
Japan, South Korea, Taiwan, Thailand, Singapore, China, Vietnam, Philippines, Canada, UK, CHM (China/Hong Kong/Macau)
B. Group B Territory
Australia, France, Germany, Italy, New Zealand, USA, Round the World
C. Group C Territory
UAE, South Africa, Russia, Malaysia, Indonesia

Daily Committed Usage

400MB


300MB

500MB



Appendix III - Schedule of Fix Fees for Loss of Equipment

Country
A. Group A
Japan, South Korea
B. Group B
For any other countries except Japan and Korea, a refund of $600 will be given if the Equipment is finally returned to us in good order.
Fix Fee (HK$)
$1000

$1000