Samocat Sharing Terms of Use
(for territory of Finland)
Samocat Sharing OY

ESPOO, FINLAND
Betonimiehenkuja 3E
FIN-02150
+358 (0) 451147879
www.samocat.net/en

1. General
This agreement sets outs the Terms of Use on which the user may use the city scooter service (hereinafter also 'Service'). The Service is ordered by HSL and provided by Samocat Sharing Ltd (hereinafter 'Service Provider'). The Service in question is a pilot from April to October 2019 in Vuosaari.

City scooters are shared use scooters that users can pick up at scooter stations. The scooters are meant to be used mainly within area covered by the scooter station network. Regular scooters are allowed to use in areas intended for pedestrians, such as walking paths. Electric scooters must be used only in areas intended for bicycles, such as streets and cycle paths.

These Terms of Use 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 15 years or over, 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 use the Service, a person shall register as a User of the Service on the Service Provider's application (Samocat app) and pay for the using time of a scooter.

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 EU's General Data Protection Regulation (679/2016) and other relevant legislation, and in ways described in detail in the Service's Privacy Statement.

The information provided by the User can be used for statistics to monitor the use of the Service and to improve it, but in a way that individual users cannot be identified. 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 marketing 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 service is available through Samocat's application. To pick up a scooter from a station, the user scans the QR code next to the available scooter using the application. Scooters available for use are indicated with a green light at the station. The light is red if the scooter is not available.

The User shall be responsible for all use of the Service occurring with their credentials, and for any costs or fees incurred.

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

A registered User can borrow a maximum of four regular scooters at a time. The User shall be responsible for all of the scooters until their return. A registered User can borrow electrical scooters only one at a time.

The User can cancel their registration as a User of the Service on the Service application However, the fees previously paid by the User shall not be refunded afterwards.

3. Availability and content of the Service
The Service is available from the middle of April to the end of October. The Service application and website is available year-round. On the website, Users can view and edit their information on the application. One or several scooter stations may be closed due to exceptional circumstances. In addition, free scooters or empty docks to return scooters are not necessarily always available at the 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 application and website or from customer service, whose contact details are available on the Service application, website and at the scooter stations.
5. Fees
The current fees are available on the Service application. The Service Provider may change the fees on 14 days' notice on the Service application and website, as necessary.

The use of a regular scooter costs 0.50 euros for the first five minutes, after which the charge is 0.05 euros per minute.

The use of an electric scooter costs 1 euro for the first five minutes, after which the charge is 0.15 euros per minute.

If a scooter is not successfully returned to a scooter station within eight (8) hours from picking up the scooter, the User may be charged a fee for pickup and report, up to 100 euro. If a scooter is not returned to a scooter station or to the Service Provider within 24 hours from picking up the scooter, the scooter shall be considered as lost. A compensation fee of 150 euros shall be charged to the User for a lost regular scooter and 800 euros for a lost electrical scooter. No compensation fee shall be charged if it is possible to prove, based on information provided by the User, that the User has lost possession of the scooter against their will, and a request for investigation has been made to the police.
6. Obligations and liabilities of the User
The User shall agree to use the Service in accordance with these Terms of Use and to pay the current fees specified by the Service Provider.

The User shall agree to use the Service appropriately, for the purpose and 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 scooter at their disposal and to exercise special caution in using a scooter.

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

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

○The handlebar is firmly in place.
○The brakes are working.
○The frame and tires are undamaged.

If the scooter is not roadworthy and safe, it has been damaged, daubed or vandalized, the User must return it to the scooter station and immediately report a damaged scooter to the Service Provider's customer service.

The User shall be responsible for the scooter at their disposal until it has been successfully returned to a scooter station. The User shall be responsible for ensuring that the scooter is returned to a scooter station so that the data system confirms the return of the scooter. If the scooter cannot be successfully returned due to a fault in the data system or for another reason, the User shall immediately report the issue to the Service Provider's customer service.

The User shall follow the current traffic rules.

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

If a 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 (2) hours and, if necessary, to file a report to the police within two (2) days. A copy of the report shall be delivered to the Service Provider's customer service.

The User shall be liable for any damage caused to a scooter deliberately or by gross negligence during the time of use until the scooter is returned to a 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's customer service.

If a scooter is not returned to a scooter station or to the Service Provider within 24 hours from picking up the scooter, the scooter shall be considered as lost and a compensation of 150 euros for kick scooter, 800 euros for electric scooter is charged to the User. No compensation fee shall be charged if the User has reported the theft of the 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 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 shall have the right to inspect 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 scooter during the ride after the User has left a scooter station. The User shall be liable for inspecting the condition and safety of a 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 Helsinki District Court.

The Service Provider shall have the right to amend these Terms of Use by giving a notice on the Service application.