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Mobile-Wifi Terms and Conditions

Avis Budget Autovermietung AG, Hofwisenstrasse 36, 8153 Rümlang ("Avis") and you (the "Customer") hereby agree to the following Mobile Wi-Fi Terms and Conditions ("Terms and Conditions") with respect to the products and services offered by Avis to the Customer of the wireless communication device (“Device”) and peripheral equipment (the "Equipment").
These Terms and Conditions set forth the terms governing the Customer’s use of Avis WiFi services and the Device, as well as how they work and explain our obligations to you and your obligations to us.
1. Services
a) Avis will put the Device for the services at the disposal of the Customer. Any telecommunications services (i.e. the transmission of information) will be provided by a third party provider, registered as telecommunications service provider in Switzerland.
b) The services include, depending on your choice and selection during the rental process and as agreed in the rental agreement, access to the internet with your Equipment via WLAN and the Device to enable wireless surfing (the “Service(s)”).
c) The transmission rate is dependent, among other things, on the network capacity utilization of the internet back-bone, the transmission rate of the selected server of the telecommunication network provider and the satellite capacity for a particular location [e.g. Edge, 3G, 4G, etc.], as well as your Equipment.
2. Technical requirements
a) The use of the Services requires that the Equipment (e.g., cell-phone, laptop, PDA, etc.) has a WLAN-enabled interface conforming to IEEE 802.11b or IEEE 802.11g, as well as a suitable operating system, web browser, the latest driver software for the WLAN hardware, and a corresponding IP network protocol installed.
b) Access by the Customer requires log-in data (user name and password) assigned and handed out to the Customer by Avis. The Services are offered to the Customer with the agreed term (e.g. duration of car rental) and only in connection with the Device.
c) Further details, including specifications and restrictions, on the specific Services will be provided to the Customer during the booking and rental process.
3. Security
a) Wireless data transmission between the Device and the Equipment is supported by WPA2/PSK 128bit encryption, and the use of CCMP as encryption protocol.
b) For security reasons, access to the Services shall be automatically interrupted in the case of inactivity after 6 minutes (session time-out). .The Service is deemed inactive when no communication takes place between the Equipment and the Device.
4. Duties and obligations of the Customer
The Customer shall have the following obligations when using the Service.
a) The Customer shall not make improper use of the Service, in particular:
- in any way that breaches any applicable local, national or international law or regulation; or
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
- to transmit or receive any material which: (i) is obscene, sexually explicit offensive, hateful or inflammatory; (ii) harms or attempts to harm minors in any way; (iii) promotes violence or is threatening, abusive or invasive of another’s privacy, or causes annoyance, inconvenience or needless anxiety; (iv) infringes any copyright, database right or trade mark of any other person; or
- to knowingly transmit, send or upload any data or material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Device and Service.
b) The Customer shall, where required, implement and use security configurations for his Equipment to protect (personal) data transmissions against third-party access.
c) The Customer shall always terminate his connection to the Service by logging out.
d) The log-in data (such as user name/password) may not be disclosed to third parties and must be stored in a location that is protected against third-party access. If there is reason to suspect that the log-in data has been disclosed to unauthorized persons, the Customer shall notify Avis immediately.
e) Avis and its agents shall be indemnified against all claims by third parties (e.g. claims based on a breach of data protection, copyright) that are based on a culpable violation of these Terms and Conditions (in particular a violation of this clause 4) by the Customer or with his consent. If the Customer realizes or can be expected to realize that a violation of this type is about to occur, he shall be obligated to notify Avis without undue delay.
f) The Customer shall be solely responsible vis-à-vis Avis and third parties for the content he retrieves, distributes or posts when using the Service.
5. Charges
Unless otherwise agreed between Avis and the Customer the following charges and conditions shall apply:
a) Rental Period – The period between the start date and end date detailed in the vehicle rental agreement you signed with the applicable Avis Budget entity stated on the rental agreement (“Rental Period”).
b) The Customer will pay the agreed daily charges as specified below under section d).
c) Any objections to the charges must be notified to Avis within eight weeks of receipt of the invoice for the Service. If the Customer fails to raise the objections in time, the invoice shall be deemed accepted; Avis shall make specific reference in the invoice to the consequences of failing to raise an objection in time. This clause shall be without prejudice to any legal claims and rights of the Customer he may have under applicable law.
d)* Charges (all prices are in Swiss Francs, applicable VAT is payable in addition. (PLEASE SEE TABLE BELOW)
e) If the Customer is having any difficulty with using the Service while at their destination, the Customer shall notify Avis without undue delay.
6. Use of Device
a) Upon handover to the Customer, Avis will provide instructions on the use of the Device by way of a User Guide which will be provided via a printed, electronic PDF File, or email version.
b) The Customer will use the Device in a careful and proper manner and in accordance with the instructions within the User Guide and in no other manner.
c) The Customer agrees that he (she) will not:
i. remove or interfere with any certification markers affixed to the Device;
ii. deface or add to the Device;
iii. Sublet or allow the use of the Device by any third party other than a party travelling with the Customer;
iv. Attempt to dispose of the Device, or encumber or grant any interest in the Device to any third party.
d) In the event of any loss, theft or disappearance of the Device while on rental, the Customer shall be obliged to pay a fixed compensation of CHF 150,00 for the Device. The Customer shall have the right to claim that no or less damage has occurred. In case of damage, the Customer shall be liable in accordance with statutory law.
e) In the event the Device is stolen or lost, the Customer is liable for all rental charges on such Device until the cellular carrier deactivates it. Customer shall have the right to claim that he/she has not caused any of the events and/or that no/less damage has occurred.
f) Prior to and during the use of the Device, the Customer should contact Avis in the first instance with any trouble or Customer support issues in order to provide Avis the opportunity to resolve any difficulties.
g) Avis shall repair or replace the Device as soon as possible once notified of the problem by the Customer, and provided the Customer is not in breach of its agreement with Avis, Avis will provide the Customer with the same or a similar Device as soon as possible for a period equivalent to the part of the Rental Period unexpired. Any charges will be amended accordingly. In order to exchange the Device, Customer may drive to the closest Avis station offering the Services and exchange the Device, where available.
h) If Avis discovers that the Device reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Device in addition to the fee for the damaged Device.
i) Avis does not guarantee the use of [Voice over IP (VoIP) applications such as Skype, Google Voice, etc]
7. Ownership
The Device will at all times remain property of Avis. Customers have no rights in the Device other than temporary use. During the Rental Period, no service or part replacements are authorized without the written approval of Avis.
8. Termination
The use of the Device and all Services may be terminated or (temporarily) deactivated without notice by Avis upon any of the following events: (a) Avis has a documented reason to believe the Device was obtained by any misrepresentation or fraudulent means; (b) Avis has a documented reason to believe that any meter on the Device has been tampered with; (c) Avis has a documented reason to believe the Device is or may be used for any illegal or improper purpose, or in violation of applicable laws; (d) a material breach of any of these Terms and Conditions including the payment terms, subject to statutory law; or (e) detection of unusually high usage (i.e. usage beyond the agreed limits), or possible theft or fraud. This clause shall not affect any of the rights a Customer may have under statutory law.
9. Data
a) You agree to us holding and processing any personal information and personal data (“Personal Information”) and we will process this in accordance with applicable data protection laws for the purpose of providing you the Services. You are entitled to ask us to supply you with any Personal Information we hold about you at any time.
b) We will not disclose any Personal Information to any third party except:
i) if it is necessary for the provision of Services including any credit or payment card details used to pay for the Device or Services;
ii) you have specifically agreed that we may;
iii) for fraud prevention purposes;
iv) to any person who may assume our rights under these terms and conditions; or
v) if we have a right or duty to disclose it or are compelled to do so by law.
c) When using the Services and the Device the telecommunications service provider (e.g. Swisscom, Sunrise, Salt, etc.) may collect (personal) data from you, such as the IP or MAC address. Avis does not have access to this data. Avis only collects and saves data of the login sessions of the Customer (i.e. time of access, country of access) for billing and trouble-shooting purposes. This data will not be transferred to third parties.
10. Support and Complaints
In the unlikely event that you are dissatisfied with any aspect of the Services or in case you need any support regarding the Services please contact us by telephone on [ ].
11. Applicable Law
This Agreement shall be governed by Swiss law under the exclusion of any conflict of law provisions. The courts at the business seat of Avis shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with these Terms and Conditions. Mandatory consumer protection provisions remain reserved.
12. Limitation of Use, Liability and Damage Compensation
a) Fair Use Policy (FUP) – A Fair Use Policy, which will be handed over to the Customer separately, may be in place to limit the transfer of data to [1GB in any 24 hour period]. If the Customer exceeds the FUP, Avis may slow down the performance of the services as further described in the FUP. The Customer acknowledges the FUP..
b) Avis shall be liable to the Customer in accordance with the General Conditions of Rental, unless otherwise set forth in this clause 12.
c) Avis does not guarantee the availability of the Services at the time of booking.
d) Avis reserves the right, where reasonable, to deactivate the Device at any time and without notice to the Customer, in the event that Avis detects possible fraud.
13. General
a) This Agreement cannot be assigned or transferred by the Customer.
b) The Terms and Conditions together with the respective rental contract constitute the entire agreement between Avis and the Customer with regard to the subject matter.
c) Avis shall be entitled to provide the Services by subcontractors, in particular through a third party telecommunications service provider.