Samocat Sharing Terms of Use
(for territory of Finland)
ООО "Самокат Шеринг"
Betonimiehenkuja 3, 02150 Espoo
FI42 1800 3081 6039 65
Y-tunnus: 2828350-8
Bank: Nordea Bank AB (publ.), Finnish Branch
BIK: NDEAFIHH

+358451147879
www.samocat.net/en

1. General
This agreement sets outs the terms of use (hereinafter 'Terms of Use') on which the user may use the ESPOO kick-scooter sharing system (hereinafter also 'Service'). The Service is provided by Samocat Sharing Oy (hereinafter 'Service Provider').

These terms and conditions shall apply to all contents of the Service, unless otherwise indicated or agreed in some respect.

Any person wishing to use the Service (hereinafter 'User') must accept these Terms of Use as binding.

A Service User can be anyone of 12 years and over who has registered as a Service User and accepted the valid Terms of Use. In order to use the Service, the User must agree to the Terms of Use. The User may be denied the right to use the Service as specified in the Terms of Use.

2. Registration, personal details and use of the Service
In order to be able to use the Service, a person shall register as a User of the Service on the Service mobile application downloaded from AppStore and Google play.

Upon registration, the User shall provide the data required for the use of the Service. The Service Provider shall have the right to process the User's personal data in accordance with the Personal Data Act (523/1999) and other relevant legislation, and in ways described in detail in the description of the file of the Service.

The information provided by the User can be used for statistics to monitor the use of the Service and to improve it. The Service Provider may use the User's contact details to contact the User.

The Service Provider may use the User's contact details for direct marketing or communications only with the express consent of the User.

Once the Service Provider has approved the User's registration as a User of the Service, the User shall be granted the right to use the Service according to the Terms of Use.

The User shall be responsible for all use of the Service occurring with their credentials, and for any costs or fees incurred from this. The costs and fees incurred as a result of the use of the Service shall be charged to the debit or credit card provided by the User.

The User can view and edit their information in the mobile application or by contacting the Service Provider's customer service.

A registered User can borrow a maximum of four kick-scooters at a time. The User shall be responsible for all of the bikes until their return.

3. Availability and content of the Service
The kick-scooter system is available annually from the beginning of May to the end of October. The website is available year-round. One or several kick-scooter stations may be closed due to exceptional circumstances. In addition, free kick-scooters or empty docks to return bikes are not necessarily always available at the kick-scooter stations. The Service Provider shall not be liable, for example, for the above-mentioned or other shortcomings in the Service.

The Service Provider shall develop the Service and it shall have the right to alter the Service and its contents as part of its ordinary operations in the manner and at the times it sees fit.
4. Customer service
The User can get more information and help in using the Service on the Service website or from Samocat Sharing Oy customer service, whose contact details are available on the Service website and at the kick-scooter stations.
5. Fees
The fees (including compensation fees) and information on how they are determined are available in the mobile application.
6. Obligations and liabilities of the User
The User shall agree to use the Service in accordance with these terms and conditions and to pay the current fees specified by the Service Provider.

The User shall agree to use the Service appropriately, for the purpose and in the environment in which it is intended to be used. The User must be aware of the valid Terms of Use.

The User shall take effort to prevent vandalism and theft of the kick-scooter at their disposal and to exercise special caution in using a kick-scooter.

The User shall inspect the condition of a kick-scooter each time picking up a kick-scooter and during the ride, the User shall be responsible for ensuring that the kick-scooter is safe and roadworthy. The User shall not be liable for a kick-scooter being damaged if the User exercises normal caution in using the kick-scooter.

The User shall be liable for inspecting the condition and safety of a kick-scooter before starting the ride. When picking up a kick-scooter, the following issues shall be checked:

  • Check the operation of the wheels and handbraker

If the kick-scooter is not roadworthy, the User must return it to the kick-scooter station. The User shall immediately report a damaged kick-scooter to the Service Provider.

The User shall be responsible for the kick-scooter at their disposal until it has been successfully returned to a kick-scooter station. The User shall be responsible for ensuring that the kick-scooter is returned to a kick-scooter station so that the data system confirms the return of the bike.

The User shall follow the current traffic rules.

If the User is observed to use a kick-scooter in breach of these Terms of Use, the User shall agree to return the kick-scooter to a kick-scooter station or, if requested, to the Service Provider.

If a kick-scooter is involved in an accident or is damaged for another reason or is stolen, the User shall agree to notify the Service Provider thereof within two (3) hours and, if necessary, to file a report of an offense to the police within two (2) days. A copy of the report of an offense shall be delivered to the Service Provider.

The User shall be liable for any damage caused to a kick-scooter deliberately or by gross negligence during the time of use until the kick-scooter is returned to a kick-scooter station. The User shall be liable for any damages, even if caused by a third party. The User may be exempted from the liability for damages if they file a report of an offense to the police within two (2) days and deliver a copy of the report to the Service Provider.

If a kick-scooter is not returned to a kick-scooter station or to the Service Provider within 48 hours, the kick-scooter shall be considered as lost and a compensation fee of 200 euros shall be charged to the User. No compensation fee shall be charged if the User has exercised caution in using the Service and has reported the theft of the kick-scooter to the Service Provider's customer service at the latest within two (2) hours of the termination of the maximum time of use. In addition, the User must file a report of an offense to the police within two (2) days and deliver a copy of the report to the Service Provider.

7. Other rights and limitation of the liability of the Service Provider
The Service Provider shall not be liable for any damage caused with the kick-scooters.

The Service Provider shall reserve the right to prevent the User from accessing the Service and/or to immediately prohibit the User from using the Service in case the User breaches the obligations set out in the Terms of Use.

The Service Provider and its representatives shall have the right to inspect at any time whether the User has registered for the system and paid the fees required.

The Service Provider shall not be responsible for the condition of a kick-scooter during the ride after the User has left a kick-scooter station. The User shall be responsible for inspecting the condition and safety of a kick-scooter before starting the ride.

The Service Provider shall not guarantee error-free or uninterrupted operation of the Service. The Service Provider shall not be liable for disruptions to the Service or other problems and errors, or for any damages incurred. In addition, the Service Provider shall not be liable for errors and damages caused by a third party.

The Service Provider shall be liable to the User only for direct damages caused by a deliberate or grossly negligent breach of the Terms of Use.
8. Applicable law, settling of disputes and changing the Terms of Use
These Terms of Use and the Service shall be governed by Finnish law. Any disputes related to the use of the Service shall be settled primarily through negotiations between the parties. Disputes not settled by negotiation shall be settled in the ESPOO District Court.

The Service Provider shall have the right to amend these Terms of Use by giving 30 days notice on the Service Provider's website.