Car Sharing rental terms and conditions
The following rental terms and conditions pertaining to the Aimo Park Car Sharing service shall apply between the lessor, Aimo Park Finland Oy, Kuortaneenkatu 7, 00520 Helsinki, Finland, Business ID: 2208141-1 (hereinafter referred to as “Aimo Park”) and the lessee (hereinafter referred to as “the User”).
Valid as of 1 December 2020
These general rental terms and conditions, the price list provided on the Aimo Park Car Sharing website, the User’s registration application as well as the booking applicable to each individual rental shall constitute the agreement (hereinafter referred to as “the Agreement”). The Agreement shall always be subject to the current service price list.
1. Booking and renting a vehicle
1.1. Eligibility criteria
(1) In order to use the Aimo Park Car Sharing services, the User must possess a valid driving licence, satisfactory driving skills as well as a minimum of one year of driving experience.
(2) The User must have a valid credit card for making payments via the Aimo Park app.
(1) To book and rent a vehicle, the User must register on the Aimo Park Car Sharing website [insert address] (hereinafter referred to as “the Website”) or in the Aimo Park app.
(2) Before approving the registration, Aimo Park will verify the User’s valid right to drive and driving licence category from the Finnish Transport and Communications Agency Traficom’s public driver data service. The registration will be rejected if the User’s right to drive cannot be verified or if the User does not have the required right to drive the vehicle in question.
(4) The User’s registration in the Aimo Park app is personal. It is strictly forbidden to allow others to use the account. The User alone shall be liable for the abuse of the account for any reason attributable to the User. Unauthorised use of the user account
1.3. Booking a vehicle
(1) A vehicle can be booked no earlier than 14 days in advance via the Aimo Park app or on the Website. The User can have up to two future bookings.
(2) The minimum booking and charging time is 15 minutes, after which the vehicle can be booked in half-hour slots. The maximum rental period for a single rental is 72 hours. The maximum rental period may be extended on a case-by-case basis by contacting Aimo Park’s customer service.
(3) Once the [email] confirmation for the booking has been sent or the booking period has started, the User is liable for their booking and the resulting costs, irrespective of whether the vehicle was driven or not. The User bears the costs of the booking period, even if the vehicle is returned before the end of the period.
(4) The User have right to modify/cancel the booking free of charge up to two hours before the start of the booking period. If the User has not cancelled or shortened the booking two hours before the start of the booking period, the booking will be charged in full.
1.4. Vehicle availability
The User understands that Aimo Park is unable to guarantee that there will always be vehicles available and that the User may not be able to start the rental period in accordance with to the booking in the event of an unexpected occurrence, such as a late return by the previous user or a technical issue.
1.5. Rental period
(1) The rental period starts when the User activates the booking by unlocking the vehicle using the Aimo Park app. The booking is then activated in the Aimo Park booking system, and the User’s liability for the vehicle commences.
(2) The User’s liability for the vehicle ends when the vehicle has been returned to the pickup point or another location specified by Aimo Park, the vehicle is locked and the rental has been completed in the Aimo Park app.
(3) At their discretion, the User may return the vehicle before the end of the reserved time. However, the User will still be charged for the entire booking period.
2. Using the vehicle and restrictions
2.1. The User’s liability for the vehicle
(1) The User is fully liable for the vehicle for the entire duration of the rental period. The User undertakes to comply with the valid user instructions and general terms and conditions drawn up by Aimo Park.
(2) The User must handle the vehicle in a manner similar to a careful vehicle owner taking care of their own vehicle. The User must take good care of the vehicle and ensure that it remains in a serviceable condition in accordance with legal requirements. The User must not drive the vehicle carelessly or under the influence of alcohol. The User must drive carefully and in compliance with the established traffic regulations.
(3) The vehicle must be locked even if it is parked for a short period of time only. [The vehicle must not be locked using the key. If the User locks the vehicle with the key at the end of the rental, they will be charged a fee in accordance with the current service price list.]
(4) The User must take care of tyre pressure, windscreen washing fluid, etc., in accordance with the recommendations provided in the user instructions and/or a reminder visible on the dashboard, or if necessary in order to maintain road safety or avoid damage to the vehicle.
(5) The User must ensure that the charging cable is always in the vehicle when the vehicle is operated, that the cable is properly connected when the vehicle is returned and that the charging starts. The User must disconnect the charging cable before setting off.
(6) The User shall ensure that the vehicle is sufficiently charged for the journey and when the vehicle is returned, and shall bear the cost of towing the vehicle, if necessary.
2.2. Checking the vehicle’s condition
(1) Before leaving the pick-up point, the User is obligated to inspect the vehicle for damage by comparing the existing damage reported in the Aimo Park app to any damage present in the vehicle. Any damage to the vehicle that is not reported in the app must be reported in the app before starting the vehicle.
(2) If the inspection and/or reporting of new damage is not done before leaving the pick-up point, the damage is deemed to have occurred during the reservation period and the User is liable for the damage.
(3) The vehicle must also be checked for damage when returning the vehicle in order to verify whether new damage has occurred during the rental period. If there is new damage to the vehicle, see section 6(2).
(4) Before starting the journey, the User must also ensure that the vehicle is roadworthy by checking, e.g. the tyres, brakes, steering, headlights and indicator lights.
2.3. Prohibited use of the vehicle
(1) Under no circumstances may a vehicle:
a. Be lent, handed over or leased to another person;
b. Used to tow or push another vehicle;
c. Used for racing, driving on ice or off-road, driving instruction or any other unusual use;
d. Used for commercial traffic, such as taxi operations, or for transporting persons and/or goods against a charge; or
e. Taken outside Finland.
(2) Under no circumstances is the following allowed in the vehicle:
b. Transporting animals;
c. Carrying children under the height of 135 cm without a child seat in accordance with the Road Traffic Act; or
d. Transporting flammable, toxic or other hazardous goods or objects which, due to their shape, size or weight, may risk road safety or cause damage to the vehicle.
(3) The vehicle’s charging cable may not be used for any purpose other than charging the vehicle.
(4) Aimo Park shall have the right to inspect the vehicle during the rental period, and the User is obliged to permit such an inspection.
(5) If the User violates the above-mentioned prohibitions, Aimo Park has the right to terminate the individual rental and this Agreement with immediate effect. The User shall be charged a fee in accordance with the price list for any malfeasance, in addition to which the User shall be liable to compensate Aimo Park for any costs resulting from the violation, including any costs resulting from a loss of rental income.
2.4. Parking the vehicle
(1) The vehicle may be parked free of charge during the rental period:
a. In a parking garage or outdoor car park operated by Aimo Park; or
b. On the street in residential parking lots in Helsinki (Zone A–Zone O), provided that the vehicle has a Z licence.
2.5. Returning and charging the vehicle
(1) The User must return the vehicle before the end of the booked rental period. However, at any time before the end of the booking, the User may extend the rental in the Aimo Park app or by contacting customer service, provided that the vehicle is available for an extension.
(2) If the booking has not been extended as described above and the vehicle has not been returned by the end of the booking, it is a case of a late return. Late returns are subject to a charge until the actual time of return. Furthermore, Aimo Park has the right to charge the User a late fee in accordance with the price list. Aimo Park shall have the right to terminate the Agreement with a user who repeatedly exceeds the booked rental period.
(3) The User must ensure that the vehicle has at least 15 km of charge remaining at the time of return. Otherwise, Aimo Park has the right to charge an additional fee in accordance with the price list.
(4) The User must return the vehicle to its pick-up point or a separately agreed place. If the vehicle is not returned to the pick-up point, the User will be charged an additional fee in accordance with the price list and, if required, the cost of moving the vehicle to the correct pick-up point.
(5) Upon return, the vehicle must left in the same condition it was at the start of the rental, except for dirt resulting from normal use. The User must remove any pieces of litter introduced to the vehicle by the User.
(6) If the vehicle is returned unusually dirty or littered with rubbish or if the interior has not been cleaned, the User will be charged a fee in accordance with the price list. If the vehicle needs to be cleaned because the User has kept animals, smoked, been sick or spilled liquids inside the vehicle, the User will be charged the full cost of the cleaning, repair, loss of rental income, etc.
(7) The User must make sure that the vehicle is locked upon return. If the vehicle is not locked, the User must immediately contact Aimo Park’s customer service.
(8) The User must ensure that the charging cable is properly connected when the vehicle is returned and that the charging starts.
3. Prices and fees
(1) The prices applicable to the vehicle rental are indicated in the valid price list on the Aimo Park Car Sharing website, which is updated from time to time.
(2) Reasonable additional fees may be charged in the cases referred to in these rental terms and conditions as well as the service price list, or in other situations where the User’s actions or negligence incur additional costs to Aimo Park.
(3) Aimo Park requires a valid credit card from the User. At the start of the lease, Aimo Park shall have the right to pre-authenticate the credit card subject to an amount corresponding with the estimated final rent to enable Aimo Park to ensure that the User’s credit card account has sufficient funds and that the credit card is valid.
4. The User’s obligation to comply with traffic and parking regulations
(1) The User shall be liable for the financial consequences of traffic or parking regulation violations, such as parking fines or traffic penalty fees which may be imposed on Aimo Park as the vehicle’s owner. [If the User fails to pay any fines and/or fees arising from the User’s violations in a timely manner and Aimo Park is obliged to pay them as the vehicle’s owner, Aimo Park is entitled to charge the User an administrative fee in addition to the fine, regardless of the amount of the fine or fee.][A1]
(2) If the User wishes to appeal against a parking fine or speeding ticket, they must first pay the fine and then appeal directly to the party requesting the payment.
(3) If there are no available parking spaces at the pick-up point when the User returns the vehicle, the User has the right to leave the vehicle in a nearby parking place, provided that the User has contacted customer service and indicated clearly where the vehicle is parked. The User will be refunded for any parking fees against a receipt.
5. The User’s obligations in case of a malfunction or accident
(1) The User must keep an eye on the vehicle’s warning system and take immediate action to correct any issue that may occur. The User must notify Aimo Park’s customer service of any malfunction in the vehicle in order to arrange further measures. If the User fails to comply with their obligation to report, they shall be liable for any additional costs arising from the prolonged repair of the fault. The User shall not be entitled to repair or have repaired any malfunction in the vehicle or demand compensation from Aimo Park without a separate agreement.
(2) In the event of damage, the User must also complete the damage report supplied by Aimo Park without delay and submit it to Aimo Park within seven (7) days. If Aimo Park has not received a damage report, the damage will be determined on the basis of the information received and the User may be charged other costs arising from the repair in addition to the excess.
(3) The User is obliged to report any theft or traffic accidents to Aimo Park as well as the police. The User must submit the police report to Aimo Park. If the User has not notified the police, they are also fully liable for any potential damage caused by the other party.
(4) The User may not leave the site of the accident until the police have completed drawing up their report and the vehicle has been handed over to the towing company or parked safely in a location agreed with Aimo Park’s customer service. The User may only continue their journey subject to Aimo Park’s explicit consent.
6. The User’s liability for damages
(1) The User is liable to Aimo Park for ensuring that the vehicle and its equipment are not damaged or lost during the agreement period.
(2) The User shall be liable for any damage to the vehicle or its equipment as well as any lost parts or equipment, insofar as they are not covered by the vehicle’s insurance. This liability for damages applies to the vehicle as well as its parts and equipment as a whole, including the chassis, tyres, rims, windscreen, windows, hubcaps, antennas and other similar equipment or supplies in the vehicle.
(3) The User shall be liable for the consequences and resulting costs arising from any action or omission by the User in breach of the rental instructions or these terms and conditions, even after the rental. These include, but are not limited to, incorrectly parking the vehicle, a failure to ensure that the vehicle is locked, leaving the lights or other power-consuming equipment on, leaving the windows open or any other similar negligence or disregard.
(4) The vehicle is insured against damage caused to an innocent party. In addition, the vehicle is covered by comprehensive insurance, including elk damage, fire, theft and collision insurance as well as tyre, windscreen and vandalism cover. These shall cover any damage in accordance with the insurance terms and conditions with regard to the amount not covered by the excess. The amount of excess in force at any given time is specified in the service price list. The User’s property is not covered by theft insurance. The insurance does not cover damage to the vehicle resulting from the User’s careless handling, whether negligent or intentional. If a third party causes damage to the vehicle during the rental period, the User is obliged to provide Aimo Park with a damage report and an undertaking from the party who caused the damage to compensate for the damage.
(5) In the case of an insured loss, the User undertakes to bear the cost of the excess, regardless of whether it is possible to demonstrate negligence or not. The User is released from liability if the damage or loss results from deficiencies in the vehicle. [Aimo Park has the right to charge the User for the additional downtime caused by the damage, however for a maximum of seven (7) days. The amount of downtime compensation shall be based on the rental price in accordance with the price list.]
(6) The User must ensure that Aimo Park is not subjected to third-party claims which can be attributable to damage, loss, personal injury or death arising from the use of the vehicle or from any other matter for which the User is liable.
7. Aimo Park’s liability
(1) Should a breakdown occur during the rental period and the fault is attributable either directly or indirectly to the User, Aimo Park shall in the first instance endeavour to repair the defect. If this is not possible, the rental is deemed to be terminated. [Aimo Park will strive to arrange a replacement vehicle to continue the journey, if necessary, but at the User’s expense.]
(2) If a breakdown occurs during the rental period and the fault is attributable to Aimo Park, Aimo Park shall in the first instance repair the defect or, alternatively, offer a replacement journey or replacement vehicle at Aimo Park’s expense. If this is not possible, Aimo Park shall offer suitable transportation to the destination or back to the pick-up point.
(3) Should a breakdown occur during the rental period and the fault is attributable to a service provider for which Aimo Park is not liable, Aimo Park shall to the best of its ability provide transportation or a replacement vehicle. Normally, the financial liability can be determined retrospectively.
(4) Aimo Park shall be liable for any costs arising from the use of the road service provided that the costs are attributable to a fault for which Aimo Park is liable, such as an electrical fault or engine fault. Aimo Park shall not be liable for any fault that is attributable to the User, such as running out of charge, driving off the road or a puncture.
(5) Under no circumstances shall Aimo Park’s liability cover compensation for indirect damage, such as a loss of income, arising from, e.g. a defect in the vehicle, a late return by another user or damage to the vehicle, unless the damage is caused by Aimo Park’s negligence.
8. Personal data and GPS positioning
(2) The stored personal data includes the user’s name, personal identity code, ownership of a driving licence, address, telephone number and email address. Information is also registered regarding the vehicle at the pick-up point, driving distance, prices, terms and conditions, etc. The personal data is used solely for the purpose of Aimo Park’s rental operations, and it is not disclosed to third parties.
(3) [The User understands that the vehicle can be located using the GPS locator installed on the vehicle. The User accepts that Aimo Park has the right to locate the vehicle. Any information obtained by Aimo Park in connection with the location of the vehicle is processed in accordance with Aimo Park’s privacy statement and, if necessary, it may be disclosed to the police authority.]
(4) Aimo Park communicates with users via email, SMS, telephone, the homepage, the booking system, social media and smartphone apps. Aimo Park reserves the right to send information regarding, e.g. membership, surveys, reservations, pick-up points to users at any time. The User has the right to opt out of advertisements sent by Aimo Park.
(5) If the User’s name, address, telephone/mobile number or email address changes during the agreement period, the User must update their user profile in the Aimo Park app or on the website without delay. The User is solely responsible for the updating the information.
9. Amendment of the Agreement
(1) Aimo Park shall have the right to amend the general terms and conditions during the agreement period. Aimo Park must always notify the User of any amendments by making the information available on the Aimo Park Car Sharing website.
(2) Aimo Park shall have the right to change the price list during the agreement period. Aimo Park must always notify the User of any changes by making the information available on the Aimo Park Car Sharing website no later than one (1) month prior to the price change.
(3) By making the booking, the User accepts the current terms and conditions of the Agreement published on the website.
10. Agreement period and termination
(1) The Agreement is established when the User registers as a user of the Aimo Park Car Sharing service, and the Agreement shall remain in force until further notice.
(2) The User may terminate the Agreement by terminating their user registration. The User may terminate their registration by contacting Aimo Park’s customer service by phone or via the Aimo Park app’s feedback service [NN1]. In this case, the Agreement will be terminated with immediate effect and the User will no longer be able to use the Car Sharing service.
(3) If the User violates the terms and conditions of the agreement or Aimo Park deems that the User is unable to comply with the Agreement or use the rented vehicle properly, Aimo Park shall have the right to terminate the Agreement with immediate effect. Aimo Park shall also have the right to terminate the Agreement, for example, if the vehicle has been damaged due to an accident or theft to such an extent that it can no longer be rented. When Aimo Park has terminated the Agreement, it has the right to immediately take the necessary measures to retrieve the vehicle.
11. Disputes regarding the Agreement
(1) Any disputes arising with regard to the Agreement shall be primarily settled through negotiation.
(2) If the dispute pertaining to the Agreement cannot be resolved, the User may refer the matter to the Consumer Disputes Board (www.kuluttajariita.fi/en). Before taking the matter to the Consumer Disputes Board, the User should contact the Consumer Advisory Services (https://www.kkv.fi/en/consumer-affairs/consumer-advisory-services/).
(3) If the dispute is brought to court, the matter shall be decided by the district court of Helsinki or by the district court of the User’s domicile or permanent place of residence.