The terms and conditions hereinafter set forth constitute an agreement (“Agreement”) for the rental and use of TravelComm, Inc. cellular telephone, satellite telephone, BlackBerry equipment (“Equipment”) and other travel-related services provided to the renter by or through TravelComm. This Agreement is between the person establishing the Agreement (“Renter”), and WorldCell TravelComm, Inc. (“TravelComm”), located in Silver Spring, Maryland. Both parties acknowledge that this Agreement consists of all the terms printed below as Terms & Conditions (“Terms”), as well as those contained in the Rental Agreement.
- NATURE OF THIS AGREEMENT
This Agreement is solely for the purpose of creating a bailment that allows the Renter to use the Equipment as permitted by this Agreement. Renter acknowledges that TravelComm owns the Equipment. No one other than TravelComm may transfer the Equipment, or any rights and obligations under this Agreement. TravelComm makes no express or implied warranties concerning the operation of the Equipment or service, nor assumes responsibility for any loss or delay caused by the Equipment or service malfunction.
- RENTER RESPONSIBILITIES
Renter accepts responsibility for the Equipment as provided by TravelComm, which shall be delivered to the Renter’s specified address in working condition. Ordinary wear and tear accepted, Renter agrees to return the Equipment to TravelComm at the conclusion of the rental period in the same condition as when received. Renter is responsible for all rental, airtime and other applicable charges incurred during the period the Equipment is rented.
If Renter chooses a rental package which includes prepaid airtime Renter agrees that unused prepaid minutes are non-refundable. In addition, if the prepaid phone is used in any destination other than stated on the Agreement, Renter agrees the airtime rates may be significantly higher than that which is quoted in the Agreement.
If Renter is furnished with a BlackBerry device Renter must have access to a BlackBerry Enterprise Server and shall be responsible for connecting the Equipment to the BlackBerry gateway. Renter is also responsible for disconnecting the Equipment from the gateway at the conclusion of the rental period.
The rental period is specified in the Agreement. All Equipment must be returned to TravelComm within two business days following the conclusion of the rental period. Renter shall be subject to a late fee for each day beyond this 48-hour period. The late fee shall be equal to the daily rental rate of the Equipment, including applicable daily insurance charges if requested with the rental. After fifteen (15) late days, Renter shall be deemed to have purchased the Equipment. Renter shall be charged either the full or insured replacement cost of the Equipment, whichever is applicable, and the Subscriber Information Module (SIM) shall be deactivated. TravelComm shall have no obligation to accept return of the Equipment after this time.
Renter is responsible for loss or damage to the Equipment. Replacement cost for a standard GSM handset is $175.00; $1500.00 for a satellite handset; $700.00 for a BlackBerry handset; $50.00 for a BlackBerry SIM; $850.00 for a GPS device. The individual cost of replacement shall be charged for other items and accessories. If the Equipment is lost or stolen, Renter is responsible for all calls until the loss or theft is reported to TravelComm by calling the Service Line at 1.301.960.0078.
Renter agrees to be responsible to TravelComm for payment for all rental charges and the costs associated with all calls during the term of the rental including truncated numbers, which consists of unidentifiable numbers. Not all originating networks support calling line identity (CLI). Therefore, some networks inhibit the transfer of this information.
Renter agrees to pay TravelComm all costs and expenses, including, without limitation, reasonable attorneys’ fees, the fees of any collection agency, and court costs incurred by TravelComm in exercising any of its rights or remedies hereunder when enforcing any of the terms, conditions or provisions hereof, and consent to jurisdiction of the courts of Maryland or Virginia, as determined in the sole discretion of TravelComm, and waive any rights to object to such jurisdiction.
Renter consents to TravelComm’s disclosure of account information to, or from, credit reporting agencies, credit bureaus, or private credit reporting associations.
- TERMS OF RENTAL
TravelComm shall furnish a container, properly designed for shipment of the Equipment, along with the items necessary to return the Equipment to TravelComm at the conclusion of the rental period. Return shipment shall be via the same, or similar, delivery service as used to deliver the Equipment to Renter. If returned from outside the U.S., the additional shipping and handling expense shall be charged to Renter. Renter assumes responsibility for the Equipment if the method of return of the Equipment is by another means. Should Renter leave or deposit the Equipment at a location not agreed to by TravelComm in advance, Renter is liable for all costs to return the Equipment to TravelComm, plus any additional rental charges for the Equipment caused by the delay.
- EQUIPMENT INSURANCE OPTION
At Renter's option, Renter may elect to insure the Equipment against loss and/or damage. The per-day fee for such insurance is: $2.00 for GSM cellular Equipment; $4.00 for satellite Equipment; $3.00 for BlackBerry Equipment; $1.00 for BlackBerry SIM-only Equipment; $3.00 for GPS Equipment. Insurance shall be charged each day beginning on the day Renter specifies the Equipment is needed for Renter’s departure, and ending when the Equipment is shipped back to TravelComm. If insured Equipment is lost, stolen, or damaged Renter shall be charged a deductible in the amount of: $100.00 for GSM cellular Equipment; $600.00 for satellite telephone Equipment; $350.00 for BlackBerry Equipment; $15.00 for BlackBerry SIM-only Equipment; $350.00 for GPS Equipment. Insurance coverage applies solely to the replacement cost of lost, stolen, or damaged Equipment and does not limit in any way Renter's liability for any charges incurred under the Terms of this Agreement, or for fraud.
- OPERATION OF EQUIPMENT
If the Equipment furnished to Renter by TravelComm is a digital cellular telephone, it is engineered to operate in specified countries outside the United States, and is specifically not designed to be operated or to function in the United States. Renter acknowledges that TravelComm digital cellular Equipment should not be operated while still in the United States, and agrees that Renter shall only operate, or attempt to operate, the device while in a country served by the TravelComm Service Area.
If the Equipment rented is a satellite telephone, its performance shall depend significantly upon orientation to and coverage by orbiting satellites, as well as many other environmental factors. Please note the following limitations of satellite telephone service:
- The handset will not work indoors.
- A clear line of sight to an orbiting satellite is necessary in order to make or receive calls.
- Atmospheric conditions, obstructions (buildings, mountains, etc.) may prevent the signal exchange between the handset and satellite.
Removal of the SIM from applicable Equipment without the express consent of a TravelComm representative is prohibited. Renter shall be assessed a $200 fee if the SIM within the applicable rental device is found to have been tampered with or removed.
- PAYMENT OF CHARGES
As a condition of furnishing Equipment to Renter for the period of time specified in this Agreement under a credit card arrangement, Renter authorizes TravelComm to reserve credit or process a deposit with card issuer, or charge any rental, airtime, other applicable fees estimated to be due TravelComm prior to the Equipment being shipped to Renter, or at any time during or following the rental term using the credit card furnished as part of the Agreement. Renter represents to TravelComm that Renter is an authorized signer on the account of the credit card furnished as part of the Agreement. In addition, Renter agrees to be personally responsible for costs, expenses and charges incurred by this rental transaction, regardless of the form of payment. A late payment charge of the lesser of 2% per month, or the maximum rate permitted by law, shall be applied to amounts due TravelComm, if not paid by the due date.
TravelComm shall make every effort to process charges for calls made under this Agreement in a timely manner, following the receipt, by TravelComm, of the detailed information regarding those calls. However, Renter acknowledges and agrees that due to the time required for exchange of billing information among and between the various wireless service providers, that the processing of call charges may take place approximately four to six weeks following the conclusion of the rental. Under some circumstances, additional call charges made during the period of this rental might appear in subsequent billing periods. After rental is completed, any adjustments shall be made by subsequent billings.
- COMPUTATION OF CHARGES
For purposes of computing rental charges for the Equipment, TravelComm shall consider as a whole day any portion of a day (a day being defined as a twenty-four hour period that begins and ends at midnight) contained in the period of rental specified in the Agreement. Rental days begin on the day Renter specifies the Equipment is needed for Renter’s departure, and are counted until the Equipment is shipped back to TravelComm. Confirmed reservations, canceled within 48 hours of shipping date, are subject to a $30 reservations processing fee. Rentals canceled after Equipment has been shipped are subject to forfeiture of first week’s rental charges.
- TRAVELCOMM'S RIGHT TO REFUSE OR TERMINATE SERVICE
TravelComm may refuse or terminate any rental or other service without notice for: 1) providing inaccurate credit information to TravelComm; 2) the appearance of misrepresentation in relation to your service; 3) refusal of credit card issuer to reserve credit, or process charges for payment of any sum due TravelComm hereunder; 4) nonpayment of any amount due TravelComm on other cellular account(s) for which you are responsible; 5) your insolvency, receivership, voluntary or involuntary bankruptcy; 6) using service in a manner that will adversely affect TravelComm, or is otherwise in violation of any U.S. Federal Communications Commission rules or regulations, or state, federal or local laws, or any other country’s laws, rules or regulations.
- LIMITATION OF LIABILITY
In no event shall TravelComm, Iridium, or any other wireless or Travel-related service provider offering service through TravelComm, be responsible for, nor shall Renter make any claim against TravelComm, Iridium, or any other entity offering travel-related services through TravelComm for any loss or damage sustained by reason of lack of performance or unavailability of the service and Equipment for any reason, whether or not TravelComm, Iridium, or any such other entity is at fault. Renter hereby waives rights to any such claim(s).
Renter further agrees that TravelComm, Iridium, or any other entity providing travel-related services through TravelComm shall not be liable for any punitive, exemplary, special, consequential or incidental damages, including, without limitation, loss of revenue, profits, data, or goodwill that Renter may suffer, directly or indirectly, arising from or in connection with the purchase, sale, use, performance, or failure of such products or services, whether such liability arises under contract, tort, (including negligence), strict product liability or otherwise, even if Renter has been advised of the possibility of such damage or if such damage could have been reasonably foreseen. In no event shall TravelComm’s liability to Renter arising from or relating to this Agreement exceed the amount of the purchase price paid to TravelComm for the product or service that gives rise to the claim.
- ARBITRATION
Renter agrees that any and all claims or disputes related to or arising out of this Agreement, including disputes as to the applicability or enforceability of this arbitration provision shall be subject to binding arbitration administered by the American Arbitration Association pursuant to its commercial disputes rules. Such arbitration shall take place in the District of Columbia.
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