Terms of Use

TERMS OF USE OF THE ROLAN OY CITY BIKE SERVICE 1 APRIL 2021

1. General

This agreement is based on the following definitions:

1.1 Definitions

  • “City bike service” refers to the remote service provided in electronic form, a mobile application, and the use of a city bike for shared use, which the Service Provider offers to customers for use on a contractual basis in accordance with the terms of this agreement.

  • “Service Provider” refers to Rolan Oy, which arranges a city bike service for use in accordance with the terms of this agreement.

  • “User” refers to a customer who uses the city bike service provided by the Service Provider on the basis of a contract and in accordance with the terms of this agreement.

  • “Cycling season” refers to the period of the year during which the city bike system is generally available in accordance with the terms of this agreement.

  • “Usage time” refers to the time during which the User uses the city bike in accordance with the terms of this agreement.

1.2 Purpose and general terms of the agreement

This agreement specifies the terms of use (hereinafter referred to as “the Terms of Use”) of Rolan Oy’s city bike service (hereinafter ”the Service”) by which the person using the Service (hereinafter “the User”) may use Rolan Oy’s city bikes in accordance with this agreement. The Service Provider is Rolan Oy (hereinafter “the Service Provider”).

City bikes are shared bikes that can be used for a fixed period of time by the contracted users in accordance with the terms of this agreement and used in the area of use specified by the Service Provider as described below.

City bikes may only be used for cycling purposes and cycling on lanes and areas intended for cycling, in accordance with traffic rules and city regulations. When using a city bike, the traffic rules in force at any time must be observed and the User must exercise caution in order to avoid danger and accidents.

The User of the Service must be a person of at least 15 years of age, who has registered successfully as a user of the Service and has given their consent to the storage of their personal data at the time of registration and has also accepted the Service Provider’s valid Terms of Use. If these conditions are not met, it is not possible to use the Service. In addition, the User’s right to use the Service may be terminated or rejected in the specified Terms of Use in the situations described below.

In order to use the Service, the Terms of Use set out in this agreement for the use of the city bike must be complied with. These Terms of Use apply to all the content of the Service and its use as set out in this agreement, unless otherwise specified or agreed upon. By accepting the Terms of Use, the User affirms that they have read the Terms of Use and undertakes to comply with them. The use of the Service is not possible or permitted unless the User has accepted the Terms of Use. In addition, access to the Service may be terminated or denied in accordance with the Terms of Use in the situations specified below.

2. Registration, personal data and access to the Service

In order to use the Service, a person who meets the conditions must register as a User of the Service by means of an electronic remote service or mobile application, and at the same time pay the license fee of their choice, i.e. buy a ticket. The User registers with a mobile application that can be downloaded from the Apple and Android mobile application stores. The Service Provider is entitled to add other necessary registration or payment methods related to the use of the city bike service at a later date.

When registering as a User of the Service, the person thereby agrees to provide all the information necessary for the use of the Service, and thereby grants their consent to the storage and use of the necessary personal data as specified below. Some of the information that is required at the time of registration is classified as personal data.

The Service Provider is responsible for ensuring that the personal data disclosed to the Service Provider is handled carefully, confidentially and in accordance with the legislation in force and to the necessary extent.

In addition, the information provided by the User can be used by the Service Provider for the compilation of statistics in monitoring the use of the Service and which are used for the development of the Service. The User’s contact information is also available for communication between the User and the Service Provider and for communicating information related to the Service. Users’ contact information is not used for direct marketing.

The User has the right to inspect and, if necessary, change their personal data on the website of the Service, in a mobile application, or by contacting the Service Provider’s customer services. In addition, the User has the right to obtain information concerning them from the Service Provider in accordance with the relevant legislation in force.

Once the Service Provider has accepted a person as a customer, i.e. as a User of the Service, the User may use the Service in accordance with the Terms of Use set out in this agreement.

The User is identified by a unique cyclist ID and associated PIN code when they log on to the website or mobile application of the Service. The User undertakes to store or record the cyclist ID and associated PIN they obtain safely and reliably, and undertakes not to hand over this cyclist ID or PIN for use by any third party. The User will be liable for any use of the Service with their credentials (i.e., cyclist ID and PIN) and any costs and fees consequently incurred and any related damage.

If the User forgets their cyclist ID or the PIN associated with it, they may request a new ID by using the ID reset features on the website or mobile app of the Service. If a licence acquired by the User enables the simultaneous commissioning of multiple city bikes using the same cyclist ID, the User will be responsible for all the bikes that are in use with their credentials until the bikes are returned and taken out of use in accordance with the terms of this agreement.

The User can cancel their registration by contacting the Service Provider’s customer services. However, any charges already charged to the User will not be reimbursed if the User cancels their registration.

3. Availability and contents of the Service

City bikes included in the city bike service are available to the User during the cycling season notified by the Service Provider. The Service Provider reserves the unilateral right to decide on the length of the cycling season, the location and number of city bike stations, as well as the right to decide on or make the necessary changes in the quality or quantity of city bikes.

As a rule, the cycling season for city bikes lasts from the beginning of April of each calendar year to the end of October of the same year. City bikes may be taken out of use in exceptional circumstances during the cycling season, or one or more city bikes may be temporarily taken out of use at the discretion of the Service Provider without any liability for compensation thereby being incurred by the Service Provider. City bike stations intended for the return of city bikes may also change or be closed for one or more bike stations during the contract period.

With regard to the service it provides, the Service Provider will not be responsible for ensuring that city bike stations will always have free city bikes, and will not be liable for guaranteeing such availability. The reason for this is that it is possible that all bikes will be in use at the same time. If no bike is available at a particular city bike station, this cannot be considered a breach of contract or other deficiency in the provision of the Service now agreed, and the Service Provider cannot on this basis be held liable for compensation or damages.

The User undertakes not to make any demands for compensation to the Service Provider or demands regarding the number, location or usability of the bikes used in the provision of the Service.

The website and mobile application of the Service are available during the contractual period for use of the Service. The Service Provider will not be liable to the User for any problems with the availability of the website or mobile application that may prevent the usability of the Service on certain devices or at a given time, or for any other direct or indirect damage or similar problem experienced by the User if caused by third party activity.

The Service Provider has the right to develop the Service, and the Service Provider is entitled to change the Service or its contents as it deems necessary without liability, as this activity can be considered necessary for developing the operation and quality of the Service. However, any changes to service hours and any other exceptions to the Service or its use will be communicated in good time before the change comes into effect.

4. Period of use of the Service

The period of use of the city bike service begins when the person who meets the requirements has registered as a User of the Service as stated above and has paid the licence fee (i.e., bought the ticket) of their choice for the use of the Service.

The period of use of the city bike service ends when the User’s contractual licence expires or is terminated, or when the User has cancelled their registration as described above.

Usage time of the city bike begins when the User starts to use an available city bike. A city bike will be deemed to have been taken into use from the moment the User has successfully taken possession of the bike with the mobile application connected to the User’s user account or by any other method specified by the Service Provider.

Under this agreement, the User undertakes to provide evidence without delay to Rolan Oy’s customer services of any problems that might occur in the taking into use or return of a city bike. The aforementioned problem or deficiency must be reported without delay and at the latest within two (2) days of its detection and if the problem of service availability has not been reported, the User then loses the right to make any claims for damages or other claims against the Service Provider relating to the problem. Consequently, in terms of the usability of the Service, late notifications and related demands for compensation, etc. cannot be considered valid.

5. Customer service

The User will receive additional information and assistance on the use of the Service from the Service website, mobile application and Rolan Oy’s customer service. Rolan’s contact information can be found on the Service website, in the mobile application and at the city bike stations. The User undertakes to choose the manner in which they will contact the Service Provider.

The Service Provider reserves the right to unilaterally decide on the opening hours of customer services and the scope of customer services.

6. Fees

The city bike service website and mobile application contain the prices valid for the Service at any given time. The Service Provider has the unilateral right to change the prices of the Service without being liable for providing any compensation. However, changes will be communicated in good time before they come into effect.

When a registered User has paid for a ticket (the duration of which can be a day, month or season), the city bike can be used continuously for 30 or 60 minutes, subject to a licence, without additional charge each time a bike is taken into use by the User. If a city bike is always returned within the time specified on the ticket after taking it into use, there will be no additional operating time fees even if city bikes are used several times in a row. Continuous use of city bikes for longer than the specified period is subject to the additional fee specified for that particular licence in accordance with the current price list. Additional fees are automatically charged to the PayPal account registered by the User for their use of the Service, or else the additional fee is charged in some other approved way.

It is not possible to use the Service without a valid PayPal account or other payment method approved by the Service Provider. If a PayPal account cannot be charged or the fee related to the use of the Service is not charged within the time limit or otherwise in accordance with the terms of use set by the Service Provider, the Service Provider will have the right, without liability to provide compensation, to suspend or terminate the provision of the Service to the User, and will also have the right to transfer the User’s unpaid services for debt collection as it deems necessary. In this case, the User will also be liable for the costs related to the collection of unpaid services and interest on receivables and other expenses.

The period of use of city bikes ends when the city bike has been successfully returned to a bike station in accordance with this agreement. The User can start using a new city bike under the same Terms of Use as stated above. In this case, the calculation of the additional non-chargeable continuous operating time for a specified period of time starts again from the start.

If, in accordance with the above conditions, a city bike is not returned successfully within five hours of the start of a continuous period of use of the bike, the User may also be charged a contractual penalty fee in accordance with the valid price list. In addition, the User is liable for any other damages caused to the Service Provider.

No compensation is required from the User for a lost city bike if the city bike can be shown to have been stolen on the basis of the information provided by the User, and provided that the theft was reported to the police or the Service Provider’s customer service within two (2) days of the theft, as further described below.

Charges for payments are made automatically from the User’s PayPal account that is registered with the Service or by another payment method approved by the Service Provider. It is not possible to use the Service without providing PayPal account information. If the approved User fee is not paid or the User’s PayPal account cannot be charged, the Service Provider has the right to transfer the User’s unpaid services to debt collection as it deems necessary. If an uninterrupted period of use of a city bike exceeds the maximum break time specified for that licence, the status of the bike will automatically be returned to use from the break and will thereby be made available to other Users. If a bike is located during the automatic end of the break in the non-return zone as further described below, there will be no automatic return and the bike will continue to be used by and to be the responsibility of the User. The Service Provider has the right to automatically charge the User for the aforementioned use and also to charge contractual penalty fees.

Returning a city bike to a city bike station is free of charge. If a city bike is returned to the authorised return area other than a bike station, the return will be subject to a specified additional fee for that licence in accordance with the valid price list. The charge is made automatically from a payment card registered with the User’s service or by another payment method approved by the Service Provider. If the User cannot be charged, the Service Provider has the right to transfer the User’s unpaid services for debt collection as it deems necessary. The User undertakes to return the bike in accordance with the terms and conditions set out in this agreement. City bike users do not have the right to return city bikes in a non-return zone. The city bike service’s operating area, city bike stations, authorised return area and non-return zones are listed on the map on the Service website and in the mobile application.

If a User attempts to return a city bike in a no-return zone, the bike will not perform the return function, and this will be indicated to the User in the mobile application. When using other city bike return functions, the User is obligated to return the bike to a city bike station and must also verify the success of the bike return event in the mobile application. A city bike left in a non-return zone in violation of the terms of the agreement remains the responsibility of the User who took the bike into use, and any additional charges related to the period of use of the bike are valid in the same way as when the User uses the city bike as stated above.

7. User obligations and responsibilities

The User agrees to use the Service in accordance with the terms and conditions set forth in this agreement and is bound by these terms, and agrees to pay for the use of the Service in accordance with the Service Provider’s valid price list. The User must read and agree to comply with the terms and conditions and guidelines in effect at any given time and with the current price lists, and with any other regulations or instructions issued by the Service Provider.

Taking into account the requirements of the legislation in force, the User undertakes to use the Service appropriately, without disturbing or endangering others and for the normal use of the Service (i.e., cycling) and in the suitable operating environment.

When using the Service, the city bike service user must observe the traffic rules in force at any time and must exercise the care and caution required by the circumstances in order to avoid danger and damage.

The User is responsible for the Service they use and for payment and compensation, etc. regarding the city bike they use until the bike has been successfully returned, and in accordance with the terms of this agreement.

The User must endeavour to prevent possible vandalism and theft of the city bike that they are using, and to exercise special care and caution in the use of the city bike.

However, the User is not liable for the breakdown of the city bike if the User has used it in accordance with the terms of this agreement and has otherwise used the bike normally and with care. The User is liable to pay compensation for any damage caused to the city bike intentionally or through gross negligence and for any damage caused to a third party during the entire period of use of the Service, even if the damage was committed by a third party. The User may be exempted from liability on a case-specific basis if they have made a request for an investigation into the matter to the police within two (2) days of the incident occurring. A copy of the request for a police investigation must be submitted to Rolan Oy’s customer services.

If the city bike used by the User is involved in an accident or the city bike is damaged for another comparable reason, or if the city bike is stolen, the User undertakes to report this to Rolan Oy’s customer services within two (2) hours and, if necessary, to report the crime to the police within two (2) days. A copy of the crime report must be submitted to Rolan Oy's customer service without delay.

If the User has been hospitalised or if the User has been prevented from making the aforementioned report to Rolan Oy’s customer services or the police within the time limit due to other similar reasons beyond the User’s control, the period of time for reporting the crime starts from when the aforementioned obstacle is no longer in effect.

Using a city bike

The User is responsible for ensuring that before using the Service, they have sufficiently familiarised themselves with the city bike, its instructions for use and the way in which it is used, and has undertaken to take these matters into account even before they begin to use the Service.

In addition, before taking the bike into use and cycling, the User must carefully and precisely check the external condition of the city bike as described below, as the User is responsible for the safe use of the Service.

Therefore, the User must ensure the condition of the bike with regard to the following factors:

  • The chain, saddle and pedals are intact and securely in place
  • The brakes, bell and lights work
  • The frame and tyres are fit for use and intact
  • The bike appears to be in working order in other respects as well.

If the User finds that the city bike is not intact or is otherwise not in an acceptable working condition, the User agrees not to use a broken or malfunctioning bike. In addition, the User must immediately report any defects in the bike to the Service Provider’s customer service.

The Service Provider will not be responsible for the state of use of the city bike after the User has checked the condition of the bike and has taken the bike into use and uses the Service, or when the User is otherwise responsible for the city bike. If the User is found to be using the city bike in a manner contrary to its intended purpose, in a manner that causes danger or other inconvenience, or otherwise in violation of the Terms of Use set out in this agreement, the User will be obligated to promptly return the city bike to the city bike station or Service Provider upon request.

Returning city bikes and parking

The city bike to be returned must be parked carefully, in accordance with the conditions set out in this agreement, at one of the valid bike parking locations designated by the Service Provider in the mobile application. The city bike must not be parked in a manner that causes any danger or inconvenience to others.

When parking a city bike, the User must exercise due care and caution as well as the traffic rules in force. In addition, the User must ensure that the city bike is parked safely in such a way that parking does not cause danger or inconvenience to others, or that other traffic users or other vehicles or traffic are not obstructed and that the parked bike does not cause damage to the Service Provider or its property or to third parties or their property.

The city bike’s own stand must be used whenever the bike is stopped without the User being on it or is parked. The city bike must be parked at a vacant bike point at the city bike station in such a way that the use of other city bikes in the bike stations is not prevented or compromised.

It is prohibited to return the city bike to the following locations:

  • Inside buildings or vehicles
  • Closed-off yard areas
  • In front of emergency exits or rescue services, or in such a way as to cause danger or inconvenience near them
  • At traffic lights or on the carriageway
  • At parking spaces for vehicles
  • On walkways whose width would narrow to less than 1.5 metres as a result of parking the bike
  • In water or at the waterline.       

In addition, it is prohibited to return city bikes in such a way that the bike can be considered to pose a risk or inconvenience to other road users, traffic, third parties or third party property.

It is prohibited to return city bikes outside the area of use. The demarcation of the valid scope of use of city bikes can be found on the Service’s website and mobile application. The city bike must be returned so that it is clearly visible (not hidden). The city bike must be returned within the area of use shown on the Service's website and mobile application. The city bike must not be returned to any non-return zones that are defined within the area of use. The User will be solely responsible for the proper and safe return of the city bike in accordance with the terms of this agreement.

In order to resolve any incorrectly registered returns, the User is obligated to provide additional information about the return to the Service Provider without delay in order to correct any error.

If the User does not return the city bike to a city bike station or authorised return area as described above in these terms of use, or otherwise acts in violation of this agreement in this respect, the Service Provider has the right, based on that breach of contract, to charge the User a contractual penalty determined in accordance with the valid price list.

User responsibilities in the event of an accident

In the event of an accident, the User is obligated to prevent any damage from becoming more extensive and to prevent further damage, and is obligated to call for the necessary assistance.

The User is obligated to call the emergency number 112 in all urgent and real emergencies, i.e., when a person’s life, health, property or environment is seriously threatened or at risk, or if there is another similarly dangerous or serious situation.

The User must inform Rolan Oy’s customer service of any accidents involving a city bike that was or continues to be used by the User. If the accident involves not only the User but also third-party property or other persons, the User must also report the incident to the police without delay, and no later than within two (2) days of the incident. If the User fails to comply with this obligation, they will be liable for any damage caused to the city bike that the User is using as a result of the accident.

8. Other rights and limitation of liability of the Service Provider

The Service Provider will not be liable to the User or to any third party for any damage caused by the use of a city bike by the User.

The Service Provider has a unilateral right to block the use of the Service or exclude the User from the Service and/or to issue a temporary prohibition on the use of the Service by the User immediately in the event of a breach by the User of their essential obligations as defined in the Terms of Use and agreed in this agreement. A user who has been banned from using the Service is not entitled to any compensation from the Service Provider for the User’s lost right to use the Service or for any fees that have been paid by the User.

Before granting a new license, the Service Provider has the right to check whether any prohibition period has ceased, whether the User has re-registered with the Service, and whether the User has paid the Service Provider all previously unpaid fees. If the prohibition period is pending or all previously unpaid payments have not been fully paid, the Service Provider is not obligated to provide the Service to the User. In this situation, the User undertakes not to make any claims for compensation or other claims against the Service Provider.

The Service Provider does not guarantee continuous correct or uninterrupted operations in respect of the Service. The Service Provider is therefore not liable for any interruptions in the Service or other similar disturbances and errors, or for any harm caused by this damage or consequently for damage caused to third parties. In addition, the Service Provider will not be liable to the User or any third party for any errors or damages caused by the activities of a third party or for reasons independent of the Service Provider.

The Service Provider will be liable to the User only for any direct damages caused intentionally or through gross negligence by violating the Terms of Use.

The Service Provider is unilaterally and without liability entitled to change these Terms of Use. The User is obligated to comply with the current Terms of Use. However, any such changes to the Terms of Use will be communicated before the changes come into effect.

9. Applicable law, dispute resolution and amendment of the Terms of Use

The Terms of Use and the Service provided by the Service Provider are governed by the applicable Finnish law in force at any given time. The primary aim is to resolve any disputes through negotiations between the parties. If the dispute cannot be resolved in the negotiations, both parties have the equal right to refer the matter to the District Court of Helsinki for resolution.

CONTACT US

CONTACT INFORMATION

PHONE

+358 (0)2 65141 272

EMAIL

info@rolan.fi

ROLAN

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