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The Rental Agreement comprises of the Order Form and the Terms and Conditions

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Terms and Conditions

Intrafonica Bulgaria Ltd. (Intrafonica) and Customer (the Customer) hereby agree on the following Terms and Conditions governing the rental of equipment and services offered by Intrafonica to the Customer. For the purpose of this Agreement the Equipment shall constitute one or more GSM cell telephones, peripheral equipment, accessories and SIM card (s) and all related services (the Services) which are described in detail under the respective sections of the official web site of Intrafonica – www.intrafonica.com and are incorporated herein by reference.
 

  1. Definitions
    1. 1.1 The Confirmed Order Form and the Terms and Conditions shall constitute the Rental Agreement between Intrafonica and the Customer.
    2. 1.2 Reservation
      1. 1.2.1 Reservation for the Equipment and the Services is made by sending a completed Order Form (accessible from the official web site of the company – www.intrafonica.com) and a valid identification card by fax to Intrafonica.
        2.  
    3. 1.3 Confirmed Order
      1. 1.3.1 Confirmed Order is a Reservation, confirmed with the respective confirmation code by Intrafonica. Intrafonica reserves all rights to decline a reservation at its sole discretion and nothing in this Rental Agreement will be construed as compelling Intrafonica to issue such confirmation number.
        2.  
    4. 1.4 Rental Period
      1. 1.4.1 The Beginning of the Rental Period is the date and the hour, at which the Equipment is delivered to the Customer.
      2. 1.4.2 The End of the Rental Period is the date and the hour, at which the Equipment is returned to and accepted by Intrafonica or one of its representatives (all employees and representatives of Intrafonica shall be able to establish their identity by a company’s photo ID card.)
  2. Delivery of Equipment
    1. 2.1 Intrafonica may only deliver the Equipment to either: i) a hotel reception, or ii) a company office or, iii) in person to the Customer at address, date and time, designated by him/ her in the Order Form.
    2. 2.2 Intrafonica will make every effort to deliver the Equipment on time, however, it shall not be liable in the event of any delay caused by force majeure or other circumstances beyond its control.
    3. 2.3 If for any reason the Customer does not receive the Equipment at the requested date and time, it is his/ her responsibility to notify by phone, fax or e-mail Intrafonica no later than 12 hours past due Delivery Time. If no such notice is given, the Rental Service shall be deemed commenced and all Rental and Call charges shall apply in full in compliance with the Order Form and the Terms and Conditions.
    4. 2.4 If the Customer has explicitly requested to receive the Equipment in person only, and for any reason fails to receive it on the Delivery Date/Time (± 20 min), it is Intrafonica’ s right to charge the Customer a “no-show” fee (as defined in paragraph 4.3 below) and the delivery charge in full. These fees are not refundable.
    5. 2.5 Upon enforcing paragraph 2.4 above, Intrafonica has the right to charge the Customer with all amounts due and to unilaterally terminate this Rental Agreement with no further obligations to the Customer.
    6. 2.6 If the Customer has explicitly requested to receive the Equipment in person only and Intrafonica fails to deliver the Equipment on or before the Delivery Time (± 20 min), for reasons others than those shown in 1.2, the delivery will be free of charge.
  3. Charges
    1. 3.1 All payments to Intrafonica are made by Credit Card only. The Customer agrees and authorizes Intrafonica to ask credit reporting agencies, banks or trade references to furnish employment, personal and credit information, and the Customer consents to Intrafonica’ s disclosure of credit information to credit reporting agencies and/ or banks.
    2. 3.2 The customer agrees to the Airtime and Rental Rates quoted on the official web site of Intrafonica – www.intrafonica.com under the “Rates” page and under the respective Rental Packages’ pages. The customer understands that 'Toll Free/Green Numbers are NOT free of charge when dialed from a mobile phone (e.g. 0800, 0700, etc.).
    3. 3.3 Intrafonica will secure an authorization sum of €250 (say, two hundred and fifty Euro) or its equivalent in US Dollars at the exchange rate of the day the Order Form is confirmed by Intrafonica. For “Intra Smart SIM Rental Package” users, the authorization amount is €100 (say, one hundred Euro).
    4. 3.4 The Customer will pay all Rental and Call Charges incurred during the entire Rental Period (from the Beginning of the Rental Period to the End of the Rental Period) whether or not the Customer personally makes the calls for which the charges are imposed.
    5. 3.5 Equipment Rental Charges are calculated on full calendar day basis, in which the Rental Period is contained. For purposes of computing Rental Charges of the Equipment, Intrafonica will consider as “a full day” the twenty-four hour period that begins and ends at midnight (GMT+ 02:00). E.g. if the Rental Period is 52 hours, it is contained within 3 calendar days of 24 hours each and will be considered as 3 days for the purposes of this Agreement.
    6. 3.6 The Customer shall be billed for each outgoing, completed or incomplete call, in full minute increments, with partial minutes rounded to the next full minute. The Customer shall be billed for the full traffic of data delivered via GPRS irrespectively of whether originating by or terminating in the Customer (outgoing and incoming traffic) and rounded to the next Megabyte (MB) as well as for the outgoing Short Text Messages (SMS) and Multimedia Messages (MMS).
    7. 3.7 The Rental Charges, the Call Charges, the Data Traffic charges and any other sums due to Intrafonica are payable:
      1. 3.7.1 at the End of the Rental Period. The gross total charges due to Intrafonica will be balanced against the authorization sum and charged to the Customer’s credit card; or,
      2. 3.7.2 when during the Rental Period the value of unpaid accumulated charges exceeds € 100 (say, one hundred Euro), an amount divisible by € 100 (say, one hundred Euro) is transferred to Intrafonica, so that the current account of the Customer remains always below € 100 (say, one hundred Euro), while the authorization sum of € 250 (say, two hundred fifty Euro) remains intact. The charges accumulated between the last transfer and the End of the Rental Period are payable as shown in paragraph 3.7.1 above. If the available funds in the Customer’s credit card are insufficient for any of the said transfers, Intrafonica is entitled to terminate unilaterally the Rental Agreement and with no further obligations to cease immediately all services, to claim back the Equipment and to balance against the authorization sum all amounts due.
    8. 3.8 Detailed billing information on the total charges accrued will be dispatched to the Customer within 4 weeks, following the end of the Rental Period.
    9. 3.9 Notwithstanding paragraph 3.7, Intrafonica is entitled to bill the Customer on a delayed basis, at any time, for all charges for which the Customer is responsible, whether or not Intrafonica is made aware of such charges at the time of the return of the Equipment.
    10. 3.10 Intrafonica shall be entitled to charge interest on any overdue amounts at the rate of 2.5% monthly interest to accrue on a daily basis.
  4. Cancellation
    1. To discourage speculative bookings of mobile phones and to ensure all phones are available to bona fide renters, “short notice” and "no-show" fees will be charged.
    2. 4.1 The Customer may cancel his/ her reservation with no penalty fee 48 hours prior to the Delivery Date/ Time, stated in the Order Form (e.g. if the Rental is supposed to start at 18:00 on June 1st, the 2-day cancellation notice rule will be considered respected, if the notice is made no later than 18:00 (GMT + 02:00) of May 30th).
    3. 4.2 Cancellation notice given within 48 to 24 hours prior to the requested Delivery Date/ Time, will result in a charge of a “short-notice” cancellation fee equal to one day rental charge.
    4. 4.3 Cancellation notice given less than 24 hours prior to the Delivery Date, will result in a charge of a “no-show” cancellation fee equal to two days’ rental charges.
    5. 4.4 The cancellation notices must be sent to Intrafonica by fax or e-mail. Cancellation notices given by telephone, shall be accepted by exception only. In all cases Intrafonica shall issue and send to the Customer a number confirming the cancellation.
  5. Use of the Equipment
    1. 5.1 Upon delivery of the Equipment Intrafonica will provide instructions for its proper use.
    2. 5.2 The Customer will use the Equipment in a careful and proper manner and solely in accordance with the instructions and in no other manner.
    3. 5.3 The Customer agrees that he/she will not:
      1. 5.3.1 dismantle, repair or modify the Equipment;
      2. 5.3.2 remove or interfere with any certification markers affixed to the Equipment;
      3. 5.3.3 deface or add to the Equipment;
  6. Repairs
    1. 6.1 The Equipment delivered by Intrafonica is tested to operate and function properly. If for any reason the Equipment is not in working order when delivered or subsequently malfunctions, the Customer must notify Intrafonica immediately.
    2. 6.2 Intrafonica will repair or replace the Equipment after a notification of the problem is given by the Customer and, provided the Customer is not in breach of the Rental Agreement, Intrafonica will provide the Customer with the same or similar grade of equipment (which shall constitute “the Equipment” for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred. Intrafonica will credit the Customer with the full cost of rental for the period in which the Customer is unable to use the Equipment as the result of the fault (provided the breakdown is not due to misuse by the Customer).
    3. 6.3 In case Intrafonica finds the Equipment reported and returned as faulty in working order, the Customer will pay the cost of collection and delivery of the replacement Equipment.
  7. Liability
    1. 7.1 Intrafonica warrants that the Equipment will be in working order when is delivered to the Customer, however, it cannot be responsible for the performance of the Equipment nor for the operation of the telephone network to which it is connected. It is acknowledged by the Customer that Services may be temporarily interrupted (including dropped calls), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment failure.
    2. 7.2 INTRAFONICA MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE SERVICES FURNISHED UNDER THIS AGREEMENT.
    3. 7.3 INTRAFONICA WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST INTRAFONICA FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
    4. 7.4 The Customer declares and agrees that he/ she will, at his/her expense, defend, indemnify, and hold harmless Intrafonica and its officers, directors, employees and assigns against any third party claims, law suits, complaints and litigations arising from the use of the Equipment and/ or the Services by the Customer during the Rental Period.
    5. 7.5 The Customer shall be liable to Intrafonica for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce Intrafonica’ s rights under this Agreement.
  8. Theft & Loss
    1. 8.1 The Customer shall immediately notify Intrafonica of any theft, loss of or damage to the Equipment and shall, if applicable, provide evidence of theft by submitting a copy of a written police report to Intrafonica within 24 hours of the theft. The Customer is not responsible for the Call charges incurred after the theft or loss is reported to Intrafonica.
    2. 8.2 In the event of any loss, damage or theft of the entire Equipment during the Rental Period, or if the Equipment is not returned to Intrafonica at the end of the Rental Period, an amount of € 250 (say, two hundred fifty Euro) will be charged to the Customer. All other charges due remain payable to Intrafonica.
    3. 8.3 In the event of any loss, damage or theft of any of the accessories listed below, constituting part of the Rental Package or if some or all of the said accessories is not returned to Intrafonica at the end of the Rental Period, the Customer shall be charged with the replacement cost, as follows:
      4. Batteries:30 € each
      Mains Charger:25 €
      Handbook/Manual:5 €
      Protective Cover:5 €
      SIM card:30 €
  9. Ownership
    1. 9.1 The Equipment, including the cell phone and all accessories will at all times remain the property of Intrafonica. The Customer acquires no rights other than temporary use of the Equipment and the Services.
    2. 9.2 The Customer has no right of selling or renting the Equipment and the Services to third persons.
    3. 9.3 The Customer acknowledges and agrees that he/she is not entitled to continued use of the telephone number accompanying the Equipment after the termination of the Rental Period and that the mobile telephone number will be recovered by Intrafonica at the end of the Rental Period and subsequently provided to another Customer.
  10. Termination
    1. 10.1 Unless otherwise agreed with Intrafonica the Customer shall return the Equipment to Intrafonica at time and place, to be arranged not less than 24 hours prior the expiration of the Rental Period in good working order and in the same condition as when it is delivered to the Customer.
    2. 10.2 Under no circumstances shall the Customer retain the Equipment under this Rental Agreement for longer than the Rental Period without agreeing an extension of that period with Intrafonica.
    3. 10.3 The customer may terminate the Rental at any time after the commencement of the Rental Period and will be responsible only for the days rented and calls made. Such early termination of the Rental Agreement shall be given in written and sent by fax or e-mail to Intrafonica.
    4. 10.4 Should the Customer (a) obtain or use the Equipment by any misrepresentation or fraudulent mean, or (b) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (c) otherwise commit a breach of these Terms and Conditions; then Intrafonica may, at its own discretion and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement and charge the Customer with all amounts due; (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. Intrafonica may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to Intrafonica by a network operator. No remedy of Intrafonica shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
    5. 10.5 The termination of this Agreement, does not waive any of the Customer’s obligations under these Terms and Conditions, including but not limited to paying all outstanding amounts, due to Intrafonica.
    6. 10.6 This Rental Agreement and all bindings hereunder shall remain in force until all payments due to Intrafonica are remitted in full.
  11. Applicable Law
    1. 11.1 This Agreement shall be governed exclusively by the laws of Bulgaria.
  12. General
    1. 12.1 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.
    2. 12.2 The failure of Intrafonica to enforce any provision of this Agreement will not be deemed a waiver of further enforcement of that or any other provision. If any provision of this Agreement is held invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement will remain valid and enforceable.
    3. 12.3 If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.
    4. 12.4 This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by Intrafonica.
    5. 12.5 Special offers through various business partners may incorporate additional or varied terms and conditions. In such circumstances, these special terms and conditions will prevail.


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