Terms & Conditions For TravelTalk Business International Mobile Phone Hire

DEFINITIONS

Words and expressions used in these Terms & Conditions have the following meanings:

• "Agreement" means the Hire Order Agreement summary and these Terms & Conditions completed by the Hirer in respect of the Services.
• "TravelTalk Business International Mobile" means the GSM mobile telephone allocated in the provision of the Services to a Hirer that enables access to the System.
• "Price List" means MC Communications (UK) published list of charges which is periodically updated.
• "Public Switched Network" means the public telecommunications system by which the Services are made available through the System.
• "Services" means those TravelTalk Business International Mobile Services and other services as may be made available to the Hirer.
• "System" means the communication system provided by the network operator.
• "Hirer" means the Party named in the Agreement.

AGREEMENT

1. MC Communications (UK) will only be bound by a Hire Agreement when the full Hire cost has been paid.
2. The Hire Period commences from 00:01 on the first day to 23:59 on the final day of hire. Times are UK local.
3. The Hirer may cancel the Hire Agreement, not less than 96 hours prior to commencement of the Hire Start Date whereupon a refund will be made subject to a 15% cancellation charge with a minimum charge of £20. Any cancellation at less than 96 hours prior to commencement of the Hire Start Date will be subject to a refund minus 50% cancellation charge with a minimum charge of £35. Cancellations at less than 48 hours prior to commencement of the Hire Start Date will be charged at 100% of the Charges for the Services ordered.
4. The dates of the Hire period may be changed, but not less than 3 days before commencement as detailed in the Agreement; other than in accordance with paragraph 3 above.
5. The period of Hire cannot be reduced.

PROVISION OF SERVICES

6. All reasonable efforts will be made to ensure the Services availability at all times. However the quality and availability of the Services may be affected by factors outside control, such as fire, flood, land heave and subsidence, physical obstructions, atmospheric conditions, Acts of God, industrial Action, default or failure of a third party, or governmental action. The Services may also be affected by faults in the Public Switched Network or the System.
7. Information relating to coverage outside of the United Kingdom is provided in good faith however Services outside of the UK can not be guaranteed and are only available in the areas of respective nation States that have gsm coverage and where 'local network providers' have an agreement with the UK Network Operator for the provision of roaming services.
8. The Services are made available on the basis that:
   
   they are not used for the transmission of any material which is intended to be a hoax call to any emergency services or is of a defamatory offensive abusive obscene or menacing character.
   
   they are not used in any manner which will or may constitute a criminal act or a violation or infringement of the rights of any person firm or company (including but not limited to rights of confidentiality and copyright) or a violation or infringement of any statutory duty or obligation in contract to or otherwise to any third party or in any way which will or may injure or damage any persons or property or cause the quality of the Services to be impaired.
   
   the Hirer will take reasonable care to ensure that any Personal Identification Number (PIN) supplied to him or her is kept confidential and is not disclosed or made available to third parties.

COST

9. The Charges are shown in the price list.
10. The Hirer incurs no charges for calls made to his/her TravelTalk Business International Mobile whilst using the mobile in the United Kingdom.
11. Outgoing Calls on the TravelTalk Business Mobile are charged at the current Network Service Provider's rates. (TravelTalk receives no income from the Network Service Providers and is totally independent of them. Therefore, TravelTalk always seeks the lowest call rates for TravelTalk Business International Mobile Hirers.)
12. The Deposit, minus all call charges incurred during the Hire Period, will be refunded in full to the Card account used by the Hirer for the Hire Order provided the Mobile Telephone and all other ancillaries are returned in full working order and all Call Billing for the Hire Period has been received by MC Communications (UK).
13. Should any of the following not be returned in full working order the following deductions will be made from the Deposit prior to refund:
1. TravelTalk Business International Mobile Telephone - £250
2. SIM Card - £150
3. Mains battery charger - £25
4. International mains adaptor - £15
5. Car charger - £15
6. Operating Instructions - £10
14. Should the TravelTalk Business International Mobile be returned with a changed PIN, then the Deposit will be forfeited.
15. The Hirer is responsible for arranging any insurance required by the Hirer.

CALL CHARGES

16. The Hirer is responsible for paying all Call Charges incurred during the Hire Period; (An Itemised Bill is available upon request). Where the Deposit is not sufficient to cover Call Charges the Hirer agrees that MC Communications (UK) shall debit the amount outstanding from the Card account used by the Hirer for the Hire Order. MC Communications (UK) is independent of the Network Operator and all billing for Call Charges is provided by an independent Third Party.
17. In the event of loss of the Mobile Phone and / or SIM Card the Hirer remains responsible for all Call Charges incurred until the Network Service Provider disconnects the Services from the System

PERSONAL DELIVERY SERVICE

18. On payment of the Charges as shown in the Price List the Hirer shall have a TravelTalk Business International Mobile delivered to them in person by a representative of TravelTalk who shall meet the Flight at the airport as stated by the Hirer in the Agreement.
19. Should the Hirer wish to change the Flight details, the Hirer must provide 48 hours notice. The Hirer cannot assume the notice has been received unless confirmation is received from MC Communications (UK).
20. MC Communications (UK) will liase with airport authorities regarding any change of arrival times for the Flight as given by the Hirer in the Agreement and meet the Hirer at the changed arrival time.
21. Should a Flight be diverted to another airport, MC Communications (UK) after consultation with the Hirer, will arrange either FREE Recorded Delivery or Courier Delivery for which there may be an additional charge to the Hirer.
22. The TravelTalk representative will remain for 90 minutes after the Flight's arrival to effect the Personal Delivery Service to the Hirer. Should the Hirer not have taken delivery of the TravelTalk Business Mobile at the expiration of the 290 minutes then MC Communications (UK) will be deemed to have met its obligations to the Hirer for the Personal Delivery Service. The Hirer will have no recourse against MC Communications (UK) in this event. However should the Delivery Agent be able to remain after the expiration of 90 minutes from the Flight's arrival time to effect Personal Delivery to the Hirer, then the Agent will do so; however an additional charge may be payable by the Hirer not exceeding the Personal Delivery Charge in effect at that time.

FREE RECORDED DELIVERY

23. The TravelTalk Business International Mobile will be delivered free of charge to the UK address designated by the Hirer in the Agreement.
24. The Hirer is wholly responsible for informing persons at the designated address should the Hirer not be present to receive the TravelTalk Business International Mobile.
25. A signed receipt will be required from any person taking delivery of the TravelTalk Business International Mobile.
26. Successful delivery to the designated address will be deemed as delivery to the Hirer.
27. Refusal of delivery by persons at the designated address will be deemed as MC Communications (UK) having met its obligations to the Hirer.
28. Should no persons be present to take delivery of the TravelTalk Business International Mobile a card will be left inviting the addressee to collect the Recorded Delivery Package from a local designated Royal Mail office. Should the Package not be collected within the period specified then it will be deemed as MC Communications (UK) having met its obligations to the Hirer.

SUSPENSION OF SERVICES

29. The services may be suspended in whole or in part, or the TravelTalk Business International Mobile disconnected, at any time without notice if:
1. The network or the System breaks down, or requires modification or maintenance or
   the Hirer is in breach of the Terms & Conditions or
   the Hirer acts in such a way that the operation of the Network or the System may be jeopardised or impaired.
30. The Hirer remains liable for Hire Charges during the period of suspension.

WHEN THE AGREEMENT ENDS

31. MC Communications (UK) may terminate this Agreement in whole or in part immediately by notice in writing , (despatched by letter, fax or e-mail), if:

The Hirer is in breach of any of the Terms & Conditions of this Agreement.

Any licence to run the Services whether issued under the UK Wireless Telegraph Act 1949 to 1967 or the UK Telecommunications Act 1984 or otherwise revoked, terminated or modified for any reason in whole or in part.

32. Following termination the Hirer's right to use the Services ceases immediately.

GENERAL

33. The Hirer may not assign or try to assign any or all of the rights and responsibilities under this Agreement.
34. MC Communications (UK) cannot be held responsible for any false or misleading information given by its Agents or other representatives.
35. Any waiver, concession or extra time allowed is limited to the specific circumstances in which it was given. It does not effect MC Communications (UK)'s rights under this Agreement in any other way.
36. The Hiring of a TravelTalk Business International Mobile under the Terms & Conditions shall be governed, construed and shall take effect in accordance with the laws of England. It shall be subject to the jurisdiction of the English Courts.
37. Where the context admits:

Payments to be ascertained by reference to the Price List are the amounts specified and recommended by MC Communications (UK) in force on the date such payments become due.

References to Acts of Parliament include amending legislation and instruments thereunder.