Rent your low-cost Wifi hotspot or e-sim and enjoy being connected while you save money today!

This Rent Agreement sets out the conditions under which the services offered through the Wifitakeaway website or directly through the Wifitakeaway Shop in Barcelona and Madrid will be provided. This Rent Agreement is a contract between you, the Customer, and Wifitakeaway, (formally Biota Europe S.L.) and covers all rental orders made in accordance with the website or store.
PLEASE, BEFORE ACCEPTING OR SIGNING, READ CAREFULLY THE TERMS AND CONDITIONS MENTIONED BELOW. BY CLICKING ON THE "FINISH BOOKING" BUTTON OR BY SIGNING THIS DOCUMENT, YOU AGREE TO LEGALLY RESPECT THESE TERMS AND CONDITIONS.
WE RESERVE THE RIGHT TO MODIFY THIS RENTAL AGREEMENT AT ANY TIME. ANY OF THAT CHANGES WILL APPLY TO FUTURE RENTALS AFTER THE DATE SUCH AMENDMENT GOES INTO EFFECT.

1. DEFINITIONS
In these Terms and Conditions:
"Agreement" means these terms and conditions, the Rental Form, and any other Agreement or supplemental or similar arrangement between you and Wifitakeaway in connection with the provision of the Services.
"The Website" means the official website of Wifitakeaway: http://www.Wifitakeaway.com
"The Store" refers to the physical store in Barcelona located at Ronda Sant Pere 52, 08010, sixth floor Barcelona.
"The Customer" means the person or company that contracts the services of Wifitakeaway and will be the person identified by Name on the Rental Form.
"The Company" or "Wifitakeaway" refers to the company providing the services. Wifitakeaway is formally called Biota Europe S.L.
"Charges" means all charges related to Device and/or Services provision by Wifitakeaway, including amounts billed by Wifitakeaway by and on behalf of a third party, as specified by Wifitakeaway on the Rental Form, Wifitakeaway's website or through any other daily communication.
"Equipment" or "Device" means the portable wifi router (including the SIM card, battery, wall charger, USB cable, carrying case, and any other included accessories) rented from Wifitakeaway.
"Deposit" means the damage deposit of 150 € that the Customer must pay for each rented Device in cash.
"Network" (s) means the telecommunications provided or purchased by Wifitakeaway and/or its network provider(s).
"Rental Form" means the device rental form that will be sent to your email once your order is confirmed.
"Rental Period" means the period that begins on the "Rental Start Date" and expires on its "Rental End Date" as indicated on the Rental Form or other formal documentation.
"Services" refers to the device rental services and other mobile services that are provided to the customer.

2. AUTHORIZATION AND ELIGIBILITY
If you are renting this Equipment on behalf of an entity rather than for your own personal use, you declare 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 outlined in this Agreement. You further represent and warrant that you are not committing any fraud or misrepresentation.
While our equipment may be used by travelers of any age, we can only rent to adults who are at least 18 years old and who are fully capable and competent to accept the terms, conditions, obligations, affirmations, representations, and warranties outlined in this Agreement, as well as to bind themselves to and comply with the terms set forth herein.

3. DELIVERY AND RETURN
Delivery
3.1 When ordering through the website to rent the portable WiFi device, we will ask you to designate an existing European address to which the device will be sent. You can also select the option to pick up the device directly at one of our stores, at one of the selected pick-up points, or the airport in Barcelona and Madrid.
There are five different options for receiving the wifi unit:
(1) Delivery to your hotel: We will deliver the package to the reception of the hotel. If the reservation has been made well in advance, we will deliver the package the day before the customer's arrival. If the reservation has been made less than 24 hours in advance, we will deliver the package during the same morning** of the first day of rental. **Morning = Between 9:00 and 14:00
(2) Delivery to your apartment: We will deliver the package between delivery intervals selected by the customer. In Barcelona and Madrid, we can deliver within a 2-hour delivery period (between 10:00 and 14:00 and 16:00 and 20:00). In the rest of Spain, the delivery will be made between 9:00 and 14:00. In the rest of Europe, the delivery will be made between 9:00 and 20:00. There will have to be someone in the apartment to receive the package and sign the delivery note.
(3) Delivery to any Other address in Europe by parcel service.

(4) Pick up from a Wifitakeaway store. The customer can choose to pick up at our stores in Madrid and Barcelona. The pick-up can be done during the hours of business opening that can be consulted under the section "Contact" of this website, along with directions and access maps.
3.2. In case of delivery of the equipment, the device will be delivered to the indicated address (one day) before the start date or during the morning of the start date (if the reservation was made less than 24 hours in advance). From the time the Device is delivered to the Customer's designated address, the Customer is responsible for the care of the Device.
3.3. It is your responsibility to ensure that you are available to receive and accept the delivery of our Device. If Customer is not available when the Device is delivered to Customer's designated address (assuming it was not the address of a hotel), Customer authorizes Wifitakeaway or its agent to leave the Device at Customer's specified address/reception.
3.4. If on receiving the Device it does not work, the Customer must immediately notify Wifitakeaway to proceed with a change of device. For this purpose, it is the customer's responsibility to inspect the Device at the time of its reception and verify that it is in good working order and condition, and includes all the parts and accessories requested. Otherwise, the Device is considered to be in perfect condition.
3.5. In the case that you are unavailable to accept, or you refuse to accept the delivery for any reason, such Device shall be deemed accepted and Customer shall be responsible for both the return of the Device and all charges under this Agreement.
3.6. In the case that the Device is delivered after the Start Date due to shipping problems, Wifitakeaway will refund the customer for the days of delay at the end of the rental period.
Return
3.4. There are several different return options:
Return to a Wifitakeaway store. The Customer can return the unit to one of our stores. The return must be made during Wifitakeaway business hours. You can check the hours on our website under the "Contact" section along with the address and access maps. The store is located in Barcelona.
Return to the hotel reception. The Customer can only return at the hotel if he has selected it in the reservation form and always using the return envelope provided by Wifitakeaway. Please, inform the reception staff that a courier will pick up the package.
Return from your apartment. The customer must wait for the courier to arrive and return the package in person, using the return envelope provided by Wifitakeaway.

3.5. The Customer must return the Device on the Return Date. Late charges of €10.00/day will be charged and will begin to accrue the day after the Return Date. If the Device, or any part of it, is not returned by the date indicated (including all accessories and user guides), the Customer will incur a late charge of 10.00 €/day until the date the Device is properly delivered. If for any reason you are unable to return the Equipment to us, including, but not limited to, the loss or theft of the Equipment during the Rental Period, you must contact us immediately to avoid incurring any additional late charges.
3.6 If the Customer leaves the Device at the hotel front desk to be delivered to Wifitakeaway, the Customer will accept any defect in the Device detected by Wifitakeaway.

4. CHARGES AND DEPOSITS
4.1 Customer shall always pay, always in advance, a Charge for the rental of the Devices specified in the Rental Period. Our rental rates are posted on our website and may be changed from time to time upon notice.
4.2 The rental charge applies only to full days (not fractional days).
4.3 Wifitakeaway will only charge a Deposit of 150 € in case the reservation is made in our physical store in Barcelona. The Deposit will be charged in full to the Customer, along with the Total Rental Fee. The Deposit will be fully or partially refunded when the Device is returned by the Customer and examined by Wifitakeaway. No deposit will be charged to those Customers who book through our website or by credit or debit card in our stores. Instead, they must accept their responsibility on the Reservation Form by accepting future charges to their credit or debit card for any surcharges and other responsibilities they may incur under the present conditions.
4.4 The rental charge and/or deposit, as well as optional shipping charges, will be charged to the customer's credit card once the order is confirmed. By providing Wifitakeaway with a credit card, the customer authorizes to make these charges on the account.
4.5 Any additional days in which the customer uses the Internet service will be billed after returning the equipment. Wifitakeaway will deduct any charges for the services or late fees from the Deposit or charge these additional costs, and other excess fees, if any, to the Customer's credit card.
4.6 Without limiting any of the provisions of this clause, you will incur additional costs and charges for any part of the Equipment that is lost or damaged beyond economic repair, including the cost to replace the Equipment at current market rates. Wifitakeaway will bill any such charges and apply them to any Deposit, or alternatively, bill your credit card directly.
Charges for any loss of Equipment will be attributed as follows; in the event of non-return of the device and its accessories, a fee of $150 will be charged to the customer. For partial losses, the following fee will apply: Loss of Portable Wifi Device: 150. Wifitakeaway will not accept replacement devices as a substitute for any of these fees. In the case of a lost pocket Wi-Fi, any remaining balance on the account cannot be refunded as it is linked to the SIM card.

4.7 The Deposit will be refunded in full and without interest (subject to the deductions specified in clause 4.8) at the time the unit is returned to one of our stores. The Deposit can only be refunded if the unit is returned to our Wifitakeaway store in Barcelona.
4.8 All prices charged for the Wifitakeaway Device(s) and Services are in Euros. Rental costs are VAT included.

5. REFUND POLICY
5.1 If the Customer has any difficulty with the use of the device, he must notify Wifitakeaway immediately, within the Rental Period, to assess any possible refunds or discounts. The right to claim for the Rental Fee shall be deemed to have been waived otherwise. Any refunds or discounts are provided only at Wifitakeaway's discretion.
5.2 The Customer must notify Wifitakeaway in writing of any claim he may have concerning the price charged within 30 days after the end of the Rental Period or the right to make the claim will be deemed waived.
5.3 Cancellation 7 days before the start of the rental period will result in a refund of the amounts charged, except for the amount of 5 €, which will be deducted from the total charges for bank costs.
5.4 Cancellation between 7 days and 2 days before the rental start date will entail a surcharge of 15 € deductibles from the total charges. Wifitakeaway also reserves the right to exceptionally deduct any possible delivery and/or pick-up costs, if applicable.
5.5 A cancellation less than 2 days before the rental start date will incur a surcharge of 40 € deductibles from the total charges. Wifitakeaway also reserves the right to exceptionally deduct any possible delivery costs, if applicable.
5.6 No refund of the Rental Charge will be made in the event the Customer returns the Device to Wifitakeaway, or if he requests a cancellation after the Start Date and before the expiration of the Rental Period or extended Rental Periods.

6. USE OF THE DEVICE
6.1 From the time the Device is delivered to the Customer's address, the Customer is responsible for the care of the Device. The Customer shall use the Device carefully and properly and under the instructions in the User Guide and in no other way.
6.2 Customer agrees that he shall not:
6.2.1 use the Device outside Europe or the roaming zone 1;
6.2.2 make any repairs or modifications to the Device, or attempt to reverse engineer the Device;
6.2.3 remove or interfere with certification markers placed on the Device;
6.2.4 deface or add parts to the Device;
6.2.5 attempt to sell, rent, assign, charge, pledge, loan, sublease or dispose of the Equipment, or any interest therein to a third party, or allow the use of the Device by a third party;
6.2.6 Use the Device for any illegal purpose.
6.3 The Customer is obligated: (a) to take reasonable care of the Equipment and use it only for its intended purpose; and (b) to comply with all instructions given by us or attached instructions regarding the use, storage, and maintenance of the Equipment and he will be liable for any damage or deterioration resulting from his failure to do so; (c) he must allow us, on previous reasonable notice, to inspect the Equipment; (d) he must notify us immediately after any loss, damage or deterioration and/or breakdown of the Equipment.
6.4 The Customer further agrees: (e) that he will be responsible for and he will refund to Wifitakeaway in full all expenses, costs, losses (including loss of Rental Charges), and/or damages incurred by or against us in connection with any loss, damage or deterioration and/or breakdown of the Equipment attributable to any act or omission by him; and he must (f) to indemnify Wifitakeaway for all losses, lost profits, damages, claims, costs, actions, and any other losses and/or liabilities suffered and arising from or due to any violation of contract, wrongful act and/or omission and/or any failure to comply with his legal or contractual duties.
6.4 In the case of theft or loss of the Device, please also email Wifitakeaway immediately at help@Wifitakeaway.com.

7. REPAIRS OR DAMAGED DEVICE
7.1 If the device does not work properly, the Customer must inform Wifitakeaway immediately.
7.2 Wifitakeaway will repair or replace the Device as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in violation of its Agreement with Wifitakeaway, for an equivalent time period to the portion of the Rental Period remaining when the failure happened.

8. PROPERTY
8.1 By using this service, the Customer agrees and acknowledges that it is renting the Equipment for travel purposes only and that he will not acquire any rights in the Equipment. The customer agrees that we will maintain the ownership of the Equipment, including but not limited to user guides and accessories. At all times, the Device will remain the property of Wifitakeaway. Customers have no rights other than temporary use.
9. TERMINATION
9.1 Wifitakeaway may terminate or deactivate the use of the Device and all Services without notice for any of the following events: (a) Wifitakeaway has reason to believe that the Device was obtained by a misleading statement or fraudulent means; (b) Wifitakeaway has reason to believe that the Device is or may be used for any illegal or improper purpose, or in violation of applicable law; (c) Wifitakeaway has reason to believe that there is a violation of any of the provisions of this agreement.

9.2 In such events, Wifitakeaway shall take immediate possession of the Device without the obligation to refund any amount of the Rental Fee. Wifitakeaway shall have no responsibility to Customer for termination of service in such cases.

10. RESPONSIBILITY AND REPRESENTATIONS
10.1 Wifitakeaway warrants that the Equipment will be delivered in good condition and working order to Customer at the time of delivery, but Wifitakeaway shall not be responsible for the performance of the Device or the operation of the Network to which it is connected.
10.2 The Customer acknowledges that the Services may be interrupted, delayed, or temporarily limited due to a variety of causes, including but not limited to, transmission limitations, atmospheric conditions, system capacity limitations, network coverage, place/location, wireless signal strength, network system or causes that could not be foreseen/detected by Wifitakeaway.
10.3 Wifitakeaway does not guarantee the proper functioning of Voice over IP (VoIP) applications such as Skype, Google Voice, Viber, etc., as it depends entirely on the state of the network infrastructure, which is beyond the control of Wifitakeaway.
10.4 Subject to the provisions of this agreement, the Customer shall be solely responsible and shall indemnify Wifitakeaway, which will be exempt from liability against all claims, demands, and liabilities arising as a result of the lease, possession, use, condition, operation, or misuse of the Device by the Customer or third parties, whether in violation of the provisions of this Agreement or arising otherwise. This provision shall survive the termination of this Agreement.
10.5 In no case shall Wifitakeaway be liable, nor may Customer make any claim against Wifitakeaway for any liability, claim, loss, injury, damage, or expense of any kind (including lost profits) whether direct, indirect, incidental, or consequential caused by the Device or the failure of the Device to operate properly.

11. OVERVIEW
11.1 The Headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
11.2 This Agreement is private and may not be assigned or transferred by the Customer to any other person or modified (in any way) except by a written document signed by Wifitakeaway or its authorized agent.
11.3 This Agreement constitutes the only agreement between Wifitakeaway and the Customer concerning the subject matter hereof, and there are no other representations, conditions, warranties, express or implied, legal or otherwise, concerning the use or rental of the Device or the Services, except as set forth herein.
11.4 Wifitakeaway is not responsible for any lack of privacy or safety that the Customer may experience concerning the Services.
11.5 Wifitakeaway may change or modify the terms of this Agreement at its discretion at any time by notifying Customer of such changes either by a screen notification on the website presented immediately after Customer logs in or by email addressed to Customer, or by any other reasonable means.

RESPONSIBILITY / REPAIR
If the Device fails to comply with the Company's Warranty, our sole responsibility, and your sole and exclusive right shall be to repair or replace the Device. In the case of replacement of the Device, the Customer will receive the same or a reasonably similar Device for use for the remainder of the Rental Period. It is your obligation to notify us immediately if you experience any problem with the Device.
DISCLAIMER OF WARRANTIES
THE COMPANY MAKES NO STATEMENTS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ORAL OR WRITTEN, concerning THE EQUIPMENT OR THIS RENTAL AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY LISTED IN OUR USER GUIDE, AND WE CANNOT GUARANTEE OR MAKE ANY REPRESENTATIONS ABOUT THE QUALITY OF THEIR SERVICES. WE CANNOT GUARANTEE THAT OUR EQUIPMENT WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL WORK CORRECTLY ON ALL WIRELESS NETWORKS, THAT IT WILL SATISFY ALL YOUR NEEDS, OR THAT ANY THIRD-PARTY SERVICES 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, OR PERFORMANCE OF ANY THIRD-PARTY SERVICE. IN THIS MANNER, WIFITAKEAWAY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES concerning THE EQUIPMENT, OUR RENTAL SERVICES AND THIRD-PARTY SERVICES ACCESSED THROUGH OUR GUIDE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR YOUR USE OF THE EQUIPMENT AND YOUR TRUST IN ANY THIRD-PARTY SERVICES. While we will make every effort to delete any personal information left on the returned Equipment, we cannot be responsible for ensuring the protection of personal information remaining on the Equipment. YOU ASSUME YOUR OWN RISK AND RESPONSIBILITY FOR THE DELETION OF ALL PERSONAL INFORMATION BEFORE RETURNING EQUIPMENT RENTED UNDER THIS RENTAL AGREEMENT.
CONSEQUENTIAL DAMAGES
TO THE EXTENT PERMITTED BY LAW, NEITHER THE 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 TRADE OR COMMERCE REPUTATION, COST OF PROCUREMENT OR REPLACEMENT OF GOODS AND SERVICES, TERMS OF COVERAGE OR RELIANCE, OR ANY OTHER TANGIBLE LOSS ARISING FROM THIS CONTRACT, WHETHER FROM ANY RESPONSIBILITY ARISING FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, 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 THEY WILL APPLY EVEN IF ANY LIMITED SPECIFIED RESOURCE IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. The maximum aggregate liability of Wifitakeaway and its suppliers and employees, for personal injury and property damage arising from any Order placed under these Terms and Conditions, regardless of the cause of such damage, whether in contract or tort (including negligence, strict liability, gross negligence or otherwise), and whether required under warranty or by operation of law, shall in no event exceed the number of payments received for the Order in question.
COMPENSATION
By accepting this Rental Agreement, you agree to indemnify, defend, and hold harmless Wifitakeaway, its directors, employees, independent contractors, representatives, agents, and other customers from all claims, demands, losses, costs, or expenses, whether in or out of court, in any way related to (a) a violation of the terms and conditions of this Rental Agreement; and (b) any dispute between you and any third-party service, which you have contracted through our user guide.
MISCELLANEOUS
We reserve the right to suspend our rental services or cancel or modify this Rental Agreement at any time at our sole discretion. The expiration or termination of this Rental Agreement shall not relieve you of any obligation to pay. You agree that we may assign this Rental Agreement without notice in the event of a merger, acquisition, or sale of all or part of our business. No waiver of a violation of the terms of this Rental Agreement, regardless of how long it lasts or how often it is repeated, shall be deemed a waiver of any subsequent violation of this Rental Agreement. Nor shall any delay or failure to exercise any right, power, or privilege be deemed a waiver of such right, power, or privilege. If any provision of this Rental Agreement shall be held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such determination, notwithstanding that such determination shall be construed in the sense most favorable to its effectiveness.
This Agreement contains the complete understanding of the Parties concerning the content herein and shall replace all previous Agreements and understandings, whether written or oral.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE SUBSTANTIVE LAWS OF SPAIN. FOR ALL MATTERS ARISING FROM THE INTERPRETATION AND APPLICATION OF THESE GENERAL CONDITIONS, THE CUSTOMER AND WIFITAKEAWAY SHALL SUBMIT TO THE COURTS AND TRIBUNALS OF BARCELONA, SPAIN, WITH EXPRESS WAIVER OF THE JURISDICTION THAT MAY APPLY TO THEM.