1. General Information
1.1HolidayPhone, a brand owned by SNSGAP International B.V. , a Netherlands based company, ("HolidayPhone") provides a Service for travelers who wish to use their mobile phones at a reduced rate while abroad (the "Service", as described in these general conditions, the following "Terms and Conditions").
1.2 These general terms apply for the provision of Services to Users of HolidayPhone ("User"). By this order, and use of the Service, the User agrees to abide by these Terms and Conditions. The contract is considered binding between the parties upon HolidayPhone’s confirmation of the User’s e-mail when ordering the Service on the HolidayPhone website. Following confirmation, HolidayPhone provides the necessary information about the Service, including information about the User's right to cancellation.
1.3 These general Terms and Conditions may be altered by HolidayPhone from time to time without prior notice. For the Service provided, however, the effective version of these Terms and Conditions is always that which was published at the time of the provision of the Service.
2. Terms of Delivery
2.1 HolidayPhone delivers products ordered normally via DHL 1-2 weeks before the departure date specified at the time of ordering, if the departure date is not more than two weeks from the order date. Prepaid SIM cards can only be activated for a certain time before the departure date, which means earlier delivery is not normally possible.
2.2 If the User is travelling within two weeks from their order date, HolidayPhone always ships the ordered products with the next post departure – normally on the same day if the order is placed before 13:30 CET. Otherwise, the products will be sent the next business day.
2.3 If the User did not receive the ordered products in time before their departure, the User should notify HolidayPhone as soon as possible. HolidayPhone will investigate the possible delay in order to ensure that the products are received by the User before their departure. Nevertheless, if the shipped order does not arrive before departure, HolidayPhone offers a delivery guarantee as follows: if the products have not arrived to the User with the last delivery before their departure, and the User has notified HolidayPhone, HolidayPhone will disable the shipped prepaid SIM card and reimburses the full cost of the products, against the returned SIM card and any hardware.
2.4 The cost of shipping is clearly displayed on HolidayPhone's order page. The User is responsible for any duties, taxes and other fees that apply when shipping worldwide.
3. HolidayPhone’s responsibility for the Service
3.1 HolidayPhone is a distributor of prepaid SIM cards from foreign telecommunications operators and hardware used in conjunction with SIM cards. HolidayPhone has no ability to affect, troubleshoot or fix the functionality of telecom operators' networks, or other circumstances beyond HolidayPhone’s control. HolidayPhone’s responsibility for the Service is therefore limited to what is stated below.
3.2 The User undertakes to notify HolidayPhone of any defects in the Service without delay. Notification of errors or requests for use of the Service shall be done to HolidayPhone’s Customer Service by e-mail at firstname.lastname@example.org. If the User does not contact HolidayPhone during their trip, then they will not qualify for a refund. HolidayPhone can not retroactively fix any issues, so the User is obliged to contact HoldiayPhone during the trip duration (as stated at the time of order); if no contact is made, or if contact is made after the trip, the User will not receive a refund. Error reports or requests for information will be answered during HolidayPhone’s hours of operation. HolidayPhone strives to answer all reports or requests as quickly as possible, taking into account the urgency of the matter. Faulty Service reports are registered by Customer Service, whereby HolidayPhone will try, as far as possible, to determine the error experienced by the User. If the fault is believed to be due to lack of functionality in a foreign network, the error report is managed in accordance with paragraph 3.4 below. If the User or HolidayPhone suspect that the error is due to faults in the prepaid SIM card or hardware, the User is obliged to return it to the HolidayPhone for investigation, in accordance with paragraph 3.7 below.
3.3 HolidayPhone is responsible for ensuring that the User receives a functional prepaid SIM card and hardware. If, due to a fault in the Service which means that the User may not use the Service for its intended purpose, and the fault is considered due to errors in the provided prepaid SIM cards and/or hardware, HolidayPhone will refund the cost of the prepaid SIM card and/or hardware. HolidayPhone can not refund the cost of shipping.
3.4 HolidayPhone is not responsible for any lack of functionality in the foreign phone network. In any case of failure of the Service that may be considered due to lack of functionality in the local network, the User must first contact the Customer Service for the local telephone company by which the User's prepaid SIM card is provided. If the local operator’s Customer Service cannot help the User to fix the error within a reasonable period of time, the User can report the error to HolidayPhone as referred to in paragraph 3.2 above. Once notified, HolidayPhone must to the best of their ability attempt to get the bug fixed in cooperation with the foreign telephone company. HolidayPhone cannot, however, guarantee that the defect will be remedied within a reasonable period of time. If the error report is received upon completion of the trip, the User no longer has the right to a price reduction, as the Service is considered to be consumed in total.
3.5 HolidayPhone is not responsible for any errors in the Service that relate to the User's mobile phone; User's usual operator's network; or communication between the foreign operator’s network and the User’s usual operator's network.
3.6 The User's attention is called to the following specific limitations for forwarded calls, as they are important to know:
(a) SMS cannot, for technical reasons, be forwarded from the User’s usual phone number. HolidayPhone can divert call traffic but not SMS. On the other hand, if the User sends a SMS from abroad, the recipient can reply directly to this SMS.
(b) The caller ID on incoming calls may not appear in some cases, for technical reasons. The number of the caller may not be displayed or an incorrect number may be displayed.
(c) Additional ring tones may occur before the call is connected. The User's phone is diverted in two steps, which means that it can sometimes take a little extra time before the incoming call is routed. This generally is noticed only in such a way that a few extra ring tones are heard before the User responds.
(d) It is important that the mobile phone is not locked to any specific operator, as the Service is based on the User inserting a foreign prepaid SIM card from another mobile operator. It is imperative that the mobile phone the User takes on the trip is not locked.
3.7 Return of prepaid SIM cards and/or hardware to HolidayPhone should be done via standard mail or package, and not via C.O.D. HolidayPhone reimburses the User for shipping costs entailed due to Service errors for which HolidayPhone is responsible as detailed above. If the return is due to the User exercising their Right to Cancellation provided for in paragraph 4 below, the User is responsible for the shipping cost.
4 Right to Cancellation
4.1 Users are consumers with a right to cancel any ordered Service without specifying a reason, within fourteen (14) days from the order date. In order to exercise the Right to Cancellation, the User should notify HolidayPhone of their intention to exercise this right, indicating their order number.
4.2 The User's Right to Cancellation lapses if, with the User’s consent, the Service started to be provided during the withdrawal period. For Services that require personal registration in the User's name and/or activation on behalf of the User, the Right to Cancellation no longer applies from the date on which the Service was registered in the name of the User or the Service was activated. This is due to the prepaid nature of the HolidayPhone Service, whereupon all fees are paid to the foreign telecom operator upon activation of the prepaid SIM card, which cannot be recovered.
4.3 Cancellation also assumes that the User can return any shipped SIM cards and/or hardware to HolidayPhone in unaltered state. This does not apply if the product has been destroyed or changed due to action that was necessary to examine it, or due to any circumstance that cannot be attributed to the User. However, The User has no right to break open any sealed items to carry out any examination.
4.4 Upon exercise of the Right to Cancellation, the User must return the prepaid SIM cards and/or hardware to HolidayPhone as indicated in paragraph 3.7 above. The User is responsible for the shipping cost. HolidayPhone will reimburse the User as soon as possible, but no later than thirty (30) days from the notification of Cancellation. HolidayPhone reserves the right to charge up to 49 SEK for fees associated with the cancellation, in cases where such costs are incurred.
5 Fees and payment
5.1 The fee for Service is specified on the HolidayPhone website. All prices are shown including VAT. The total cost is shown in the shopping cart on the website, including all charges and sales tax, plus shipping and payment terms, depending on the chosen shipping method and payment method.
5.2 Upon payment of Service by credit card, payment is processed via HolidayPhone’s payment partner Multisafepay. HolidayPhone does not store any credit card data.
5.3 The displayed rates for calls/texts/internet abroad on HolidayPhone’s website are based on the data received from the operators with which HolidayPhone cooperates. Errors in prices may be present, and the foreign operator may modify prices without notice to HolidayPhone. However, HolidayPhone strives at all times to provide as accurate information as possible based on the data obtained from the cooperating operators. The User should note that some of the reported call rates drawn from the call balance when the User calls abroad include foreign VAT, e.g in Thailand, where 7% sales tax is deducted directly from the call balance.
6 Processing of personal data
6.1 HolidayPhone handles personal information collected from the User (such as name, address, telephone number) when ordering the Service in accordance with applicable law. HolidayPhone is responsible for this personal data, and processes said data as needed for the User to be able to use the Service, and for HolidayPhone to administer contractual agreements and commitments.
6.2 HolidayPhone has the right to handle information about the User and purchasing behaviors for marketing purposes, such as statistical, analytical and targeted marketing to Users via email, SMS or otherwise. HolidayPhone also has the right to disclose such information to their partners for this purpose. As a User, you have the option to, in conjunction with the reception of marketing information, refuse further e-mail or SMS marketing.
6.3 By approving these general conditions of use of the Service, the User consents to the processing of personal data as described above. Consent also applies to the processing of personal data via Internet, including the transfer of said data to third-party countries outside the EU. By notifying HolidayPhone’s Customer Service (via support@HolidayPhone.com) the User can request any personal data stored by HolidayPhone about the User. The User also has the right to contact HolidayPhone’s Customer Service once a year to get information about how their personal data is processed.
7 Termination of Agreement
7.1 The agreement for provision of the Service, including these Terms and Conditions, is valid from HolidayPhone’s confirmation of the order until the Service is ended. When receiving a new order for Service, the contract entered is considered to be a new contact.
7.2 Each party has the right to terminate the agreement immediately in the case of a breach by the other party, if said breach is not remedied within thirty (30) days after notifying the other party of the breach.
8 Limitation of liability
8.1 HolidayPhones liability to the User is limited per each purchase of Service, to the total amount paid by the User for that Service. HolidayPhone is not responsible for any lost profits, savings or other indirect damage or loss. This limitation of liability shall not apply to intention to, or gross negligence, or if otherwise provided by law.
8.2 The User will not lose their right to damages or to claim for damages to HolidayPhone within a reasonable time from when the User becomes aware, or should have become aware, of the circumstances in which the requirement of reparation is based. However, the claim cannot occur later than within one (1) year from the return travel date specified when placing their order of Service.
9 Force majeure
9.1 If prevented from fulfilling their obligations under these General Conditions, due to circumstances that HolidayPhone was not able to prevail over and could not reasonably have foreseen, and whose consequences HolidayPhone could not reasonably have avoided or overcome, including, but not limited to, general labour disputes, war, terrorist attack, fire, natural disaster, amended legislation, government intervention and error or delay in Services from subcontractor due to the above circumstances, this will provide grounds for the advancement of the date of provision of Service, and freedom from penalty. If the circumstance lasts for more than two months, both HolidayPhone and the User is entitled to terminate the contract with immediate effect without penalty.
10.1 Messages, requests for termination and other communications in accordance with these General Terms and Conditions shall be made via e-mail or standard post.
10.2 HolidayPhone may at any time transfer its rights and obligations under these Terms and Conditions to companies within the same corporation or concern. HolidayPhone is also always entitled to assign claims for payment to billing companies, debt collection agencies or similar.
11. Dispute resolution and applicable law
Disputes arising from these general conditions shall be settled in accordance with Dutch law. Disputes shall be handled by professional mediation in The Netherlands