Terms and conditions
1. Introduction..
1.1. These Terms and Conditions constitute a legally binding agreement (“ Agreement ”) between you (the “ User ”) and Holafly Limited, a limited liability company incorporated and registered in Ireland with company registration number 745325 and registered office at 2 Grand Canal Square, 6th Floor, Dublin 2, D02 A342, Ireland (“ Holafly ”, “ we ”, “ our ” or “ us ”), relating to your purchase of an international data plan (“ Data Plan ”) associated with a Holafly prepaid eSIM (an “ eSIM ”) (the “ Service ”) for use on your personal device (“ Device ”).
1.2. Future agreements between the User and Holafly may also be subject to supplementary terms and conditions or documents that have been published on our website or application (the “ Application ”).
1.3. We recommend that you print a copy of these Terms and Conditions for future reference.
2. Registration
2.1. The User may register to purchase an eSIM through our Application. The User must accept the terms and conditions Terms of use to register and purchase an eSIM. The Privacy Policy and the Cookie Policy Holafly's details will be displayed in the Application when the User registers to purchase an eSIM.
3. Purchase an eSIM and activation
3.1. If you purchase one of our eSIMs (via the App), you enter into an agreement with us for the purchase of the eSIM and agree to pay us all applicable charges in accordance with the Data Plan of the eSIM you purchased.
3.2. As soon as the eSIM is provided to you, you are responsible for it. If you damage or lose your Device before you have paid for the eSIM in full, you will be required to pay us the full price of the eSIM.
3.3. You may purchase an eSIM through one of Holafly's partners (" Third Parties "). If you purchase one of our eSIMs from a Third Party, you are entering into an agreement with that Third Party for the purchase of the eSIM and Holafly is not a party to that agreement.
3.4. Holafly will make available Data Plans related to specific countries. Holafly reserves the right to restrict the availability of such Data Plans in some jurisdictions. Users may search, select and purchase our Data Plans through the Application or from Third Parties.
3.5. By using the Service, the User agrees that he/she has an unlocked device compatible with the eSIM, which is necessary to access it.
4. Duration and termination
4.1. This Agreement will commence once you purchase the eSIM. Once you have downloaded the eSIM to your Device and the Data Plan has been activated, the downloaded eSIM will remain on your Device after your Data Plan credit has been exhausted or your Data Plan has expired. You may choose to remove the eSIM at any time through your Device settings. However, we recommend that you do not remove the eSIM until your Data Plan has been consumed or has expired. Downloading the eSIM and activating any of the Data Plans may require a stable internet connection.
4.2. The term of this Agreement shall be until the Data Plan has expired or until the credit under the Data Plan purchased has been exhausted.
4.3. This Agreement shall terminate immediately if any of the following occurs:
4.3.1. consumption or expiration of the Data Plan by the User in accordance with clause 4.2; or
4.3.2. Suspension of the use of the User's eSIM or Data Plan by Holafly due to non-compliance with these Terms and Conditions (including any type of non-compliance with applicable legislation).
4.4. Upon termination pursuant to clause 4.3.1, if you do not remove the eSIM from your Device immediately upon consumption or expiration of the Data Plan, the eSIM will be provided to you “as is” without warranty of any kind. Holafly shall have no liability to you for such eSIM pursuant to this clause 4.4 until such time as you purchase any other eSIM or Data Plan, in which case these Terms and Conditions shall apply.
5. Warranty
5.1. These Terms and Conditions are in addition to your statutory rights as a consumer.
5.2. Holafly does not provide any warranty or make any representation in relation to the eSIM or the Service, and all warranties and conditions (except to the extent required by applicable law), whether express or implied by statute, common law or otherwise, are excluded to the fullest extent permitted by law.
5.3. Holafly reserves the right, at its sole discretion, to discontinue the sale, supply or support of any eSIM at any time.
6. Service Availability
6.1. Holafly will take commercially necessary measures to make the Service available to you at all times, depending on the ability of Holafly and its service providers to maintain network capacity and connection availability.
6.2 Holafly partners with suppliers to provide the Service, including network service providers. These vary from jurisdiction to jurisdiction.
6.3 If you purchase an “Unlimited” Data Plan, please note that data coverage and speed may be subject to the network service provider’s fair usage policy. This means that, in order to ensure a high quality of service for all users, the network service provider reserves the right to impose restrictions or limitations on data usage or speed if your usage is deemed excessive or if it negatively impacts the network performance of other users.
6.4 Holafly does not guarantee the network capacity, network quality or availability of the Service connection. This includes (but is not limited to) any of the following circumstances:
6.4.1. when our service providers need to carry out upgrade, maintenance or other work on their network services;
6.4.2. when you are in areas not covered by the network of our service providers or in accordance with the areas specified in the Data Plan;
6.4.3. when factors beyond our control cause interruptions, such as interruptions caused by the features or functionality of your Device, regulatory requirements, communication network failures, weather, radio interference or other physical obstructions.
7. User Obligations
7.1. The User agrees to:
7.1.1. use the eSIM in accordance with these Terms and Conditions;
7.1.2. use the eSIM in compliance with all applicable laws and regulations of the country in which the User is located or habitually resides;
7.1.3. not to use the eSIM to carry out any fraudulent, criminal or illegal action, or to cause alterations or damage to the network;
7.1.4. not to use the eSIM to copy, store, modify, publish or distribute Holafly commercial information (including trade secrets) except when we give you permission to do so;
7.1.5. not to use the eSIM to download, send and upload content of excessive size, quantity or frequency; and
7.1.6. not to use the eSIM in a way that infringes the intellectual property rights of a third party.
7.2. User agrees that no credits, promotions and references on the Service (the “ Promotions ”) will be used to undermine the impartiality, integrity or legitimate operation of the Service, including, but not limited to, the creation of false user registrations or the use of fictitious identities to participate in the Promotions in order to obtain prizes.
7.3. The User agrees that Holafly may suspend the Service in the event of a breach of these Terms and Conditions. The User shall act responsibly and pay for all charges due under these Terms and Conditions in relation to the suspension of the Service. Holafly reserves the right to claim compensation for damages (including legal costs) to the fullest extent permitted by law.
7.4. Holafly, at its sole discretion and without any liability to the User, reserves the right to delete the User's Application account and prevent the User from future use of the Service or from benefiting from any of the Promotions.
8. Payment terms
8.1. The User may register and purchase the eSIM in the Application. Payment will be processed by an authorized Holafly agent.
8.2. All eSIMs are prepaid and prices include any indirect tax unless otherwise specified. The Indirect Tax will be charged based on the postcode provided by the User when entering payment information on Holafly.
8.3. “ Indirect Taxes ” in this clause 8 means any sales tax, value added tax and any other similar levy or tax that may be applicable at the time of sale of the Data Plan associated with an eSIM.
8.4 The User may choose to save the payment method during the checkout process and under the management of the service provider, so that for future purchases this information is automatically added without the User having to re-enter it. The User may delete the payment method information at any time. This payment method information cannot be changed; if a change is requested, the User will have to delete the previous payment method and enter the new payment method.
9. Legal right of withdrawal
9.1. If you purchase an eSIM as a consumer, you have a legal right to cancel this Agreement within 14 days without giving any reason. The cancellation period will expire 14 days after the purchase of an eSIM or, if earlier, until the date on which the eSIM is activated and the Data Plan is consumed or used up, in which case we will provide you with a partial refund proportional to the reduction in the value of the eSIM or Data Plan.
9.2. To exercise your right of withdrawal, you must notify us of your decision to withdraw from the Agreement by means of an unequivocal statement. Please contact Holafly Limited, A/A Customer Services, whose details can be found in section 13 below.
10. Return and Refund Policy
10.1. You will receive the Service in accordance with these Terms and Conditions. If you believe that the Service provided to you does not comply with these Terms and Conditions or does not comply with your statutory consumer rights, please let us know. If applicable, we will provide you with a full or partial refund in respect of an affected eSIM or Data Plan, in accordance with clauses 10.2 to 10.8 below.
10.2. To obtain a full refund from Holafly, the User must meet the following requirements:
10.2.1. the eSIM must have been purchased from Holafly through the Application (ie not from Third Parties);
10.2.2. the eSIM must not have been activated; and
10.2.3. The purchase of the eSIM must have been made at most 6 months prior to the refund request.
10.3. Subject to clauses 10.2.1 and 10.2.3, in the following circumstances, Holafly may provide you with a full or partial refund proportional to the reduction in the value of the eSIM or Data Plan:
10.3.1. if the Data Plan related to the eSIM has already been activated and/or consumed (partly) or the credit has been exhausted; or
10.3.2. if the eSIM does not work due to a problem with the network infrastructure or when the network infrastructure in the destination country is problematic or unstable.
10.4. In the event that the User purchases an eSIM and downloads it to an incompatible or locked Device, Holafly will provide the User with a full refund, provided that the User has complied with the requirements of 10.2.1-10.2.3.
11. Intellectual property rights
11.1. Unless otherwise indicated, the eSIM is our property (or our licensor's property) and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Application (collectively, the "Content") and the trademarks, service marks and logos contained therein (the "Marks") are owned, controlled or licensed by us and are protected by copyright and trademark laws and other intellectual property rights.
11.2. Except as expressly provided in these Terms and Conditions, no part of the eSIM, the Application or the Content or Marks may be copied, reproduced, aggregated, republished, posted, shared, publicly displayed, encoded, translated, broadcast, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
12. Data protection
12.1. When you purchase an eSIM, you agree that Holafly will process your personal information (“Personal Data”) to make the Service available to you, monitor and improve the Service, and prevent unauthorized use of the Service.
12.2. For more information about how the User's Personal Data is used or for any other questions relating to the way in which we may process your Personal Data, please consult our Privacy Policy. Privacy Policy available and our Cookie Policy .
13. Compensation
13.1. The User agrees to indemnify and hold Holafly and its subsidiaries, affiliates, officers, representatives, partners, employees and service providers harmless from and against all losses, costs, charges, demands, lawsuits, damages, actions, expenses and claims incurred by us as a result of:
13.1.1. a breach by you of these Terms and Conditions; and/or
13.1.2. any other matter arising from or relating to any use you may make of the Service other than as set out in these Terms and Conditions
14. Limitation of liability
14.1. To the fullest extent permitted by law, we exclude all liability (whether in contract, negligence or otherwise) for any loss or damage you may suffer in connection with your use of the Service, including the eSIM or any Data Plan. Without prejudice to the foregoing, Holafly’s liability under or in connection with this Agreement, whether arising in contract, negligence or otherwise, shall in no event exceed the amount of charges payable by you to Holafly under the relevant Data Plan in the 12 months preceding the date on which the event giving rise to such liabilities occurred, or 100 Euros; whichever is greater. This does not affect our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
15. Applicable legislation and legal compliance
15.1. Except as may be provided by mandatory applicable law: (a) these Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Ireland and (b) the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
15.2. Other mandatory laws of other states may also apply to your use of the eSIM.
15.3. The Service and the Application are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to applicable law or regulation. Accordingly, persons who choose to access the Service and/or the Application from locations where such use is prohibited do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Variation of these Terms and Conditions
16.1 We may vary any of the terms of your Agreement or any future terms and conditions, including those relating to our Data Plans, as follows:
16.1.1. any updates to the Terms and Conditions and introduction of new terms will be available on our Application;
16.1.2. We will inform you if we make any variation to this Agreement by giving you a notice. You are free to stop using the Service after receiving such notice, except in the following situations: (a) where the variation is exclusively for your benefit; (b) where the variation is of a purely administrative nature; or (c) where the variation is required by applicable law.
16.1.3. If you continue to use the Service after any variation to this Agreement has come into effect, you will be deemed to have accepted the variation.
17. General
17.1. Holafly may assign, transfer or subrogate to any company in its group the rights and obligations arising from this Agreement without the express consent and authorization of the User.
17.2. If at any time any provision of this Agreement (or part of any provision) is or becomes unlawful, void or unenforceable but would be legal, valid and enforceable if some part of it were deleted or modified, the provision or part of the provision in question will apply with such deletions or modifications as are necessary to make the provision legal, valid and enforceable.
17.3. No failure or delay by either party in exercising any right or remedy under this Agreement shall operate as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further exercise of such right or remedy. No waiver by either party of any breach by the other party of any provision of this Agreement shall operate as a waiver of any preceding or subsequent breach. The rights and remedies provided for in this Agreement are cumulative and do not exclude any right or remedy provided by law.
17.4. This Agreement is drawn up in English. In the event of a conflict between the English version of this Agreement and any translated copy of this Agreement, the English version shall prevail.
18. Holafly contact information
For more information about these Terms and Conditions, to provide us with feedback, or to file a complaint, you can contact our team 24/7/365 via the platforms listed below:
Email: help@holafly.com
Chat: Click on the red pop-up window at the bottom right corner of this page.
WhatsApp: +1 661 384 8482 (this line operates from 9:00–17:00 CET)
All business enquiries should be sent to: affiliation@holafly.com