Terms of use for using city bikes

1. General information

This agreement defines the terms of use (hereinafter also referred to as “the Terms of Use”) under which the user may use the City Bike Service of the City of Tampere (hereinafter referred to as “the Service”). The service provider is the City of Tampere (hereinafter referred to as “the Service Provider”). The City of Tampere has implemented the City Bike Service in cooperation with KaupunkiPyörä Vantaa Oy and Tampereen Sarka Oy.

City bikes are shared bicycles that users can start using at city bicycle stations. City bikes are to be used mainly within the area of the city bike station network. City bikes may only be used in bicycle areas, such as streets and bicycle lanes.

The Terms of Use apply to all content of the Service, unless otherwise specifically stated or agreed.

The person using the Service (hereinafter referred to as “the User”) must accept the Terms of Use as binding in order to use the Service.

The User of the Service must be at least 15 years of age, who has successfully registered as a User of the Service and has accepted the current Terms of Use. It is not possible to use the Service unless the User accepts the Terms of Use. Access to the Service may be denied in the manner specified in the Terms of Use.

2. Registration, personal data and use of the Service

In order to use the Service, a person must register as a User of the Service using the Service's mobile application and pay for the right of use period of their choice.

When registering as a User of the Service, the person must provide the necessary information required for the use of the Service. The Service Provider has the right to process the User's personal data in accordance with the EU General Data Protection Regulation (679/2016) and other relevant legislation as well as in the manner described in more detail in the Service's privacy policy.

The information provided by the User can be used in statistics in such a way that it is not possible to identify an individual User from the statistics. Statistics are used to survey the use of the Service and to improve the Service. The User's contact information can also be used for the Service Provider's communication with the User.

The User's contact information can only be used for direct marketing or the Service Provider's marketing communication if the User has separately given their consent for it.

After the Service Provider accepts the User's registration as a User of the Service, the User will have the right to use the Service in accordance with the Terms of Use.

The User can authenticate themselves to the Service using the Service's mobile application.

The User is responsible for all use of the Service with their login and for any costs and other obligations that may result therefrom.

A User who has paid for and registered a right of use period can only use one city bicycle at a time.

The User can cancel their registration as a User of the Service by contacting the customer service. However, fees already charged to the User are not reimbursed to the User afterwards.

3. Availability and content of the Service

The Service is available annually from early April until the end of October. The service may start later and end earlier if, in the opinion of the service provider, it is unsafe to use the service, for example due to poor weather conditions. In the Service's mobile application, the User can view and edit their own information. In exceptional circumstances, the Service may be closed at one or more city bike stations. There may not be free city bikes at the bike station or free bicycle racks to return the city bike. The Service Provider cannot be held responsible for, for example, the aforementioned or other deficiencies in the service.

The Service Provider develops the Service and has the right to change the Service and its contents as part of its normal operations in the manner and at the times it deems best.

4. Customer service

If desired, the User can obtain more information and help with the use of the Service from the Service's website and from the Service Provider's customer service operated by Tampereen Sarka Oy, whose contact details are available on the Service's website and at the city bike stations.

5. Fees

The current price list of the Service is available on the website of the Service. If necessary, the Service Provider may change its prices after notifying of the change 30 days in advance on the Service’s website.

Once a User has paid for the right of use, they can use a city bike for up to 60 consecutive minutes per use at no additional charge. For continuous use of the same city bike exceeding 60 minutes, the User will be charged according to the price list of the Service. After the city bike has been successfully returned to the city bike station, the User can start a new city bike run under the same terms and conditions. In this case, the calculation of continuous use free of charge for up to 60 minutes also starts from the beginning.

All rights of use will expire at the latest at the end of the current city bike season, i.e. they will not be continued for the following year.

If the city bike is not returned to the city bike station within five (5) hours of the start of use in an accepted manner, the User may be charged a fee of EUR 80. If the city bike is not returned to the city bike station or otherwise to the Service Provider within one (1) day of the commencement of the use of the city bike, the city bike in question is considered lost. The User will be charged a fee of EUR 400 for a lost city bike.  No compensation is claimed for a lost city bike if, on the basis of the information provided by the User, the city bike can be shown to have been taken out of the User’s control against their will and a request for an investigation has been made to the police.

6. User's obligations and responsibilities

The User undertakes to use the Service in accordance with the Terms of Use and to pay for the use of the Service in accordance with the current price list determined by the Service Provider at any given time.

The User undertakes to use the Service in an orderly manner and in accordance with the normal use of the city bikes. The User must familiarise themselves with the Terms of Use in force at the time.

The User must try to prevent vandalism and theft against the city bike at their disposal and otherwise take special care when using the city bikes.

The User should always check the condition of the city bike when starting its use and the User is responsible for ensuring that the city bike is safe and in good driving condition after setting off.  The User is not responsible for the breakage of the city bike if the User observes normal care in the use of the city bike.

The User is responsible for checking the condition and safety of the city bike before starting the use. When starting to use the city bike, the following must be checked:

• saddle, pedals and chains securely in place
• brakes, bell and lights working
• the frame and tires are intact.

If a city bike is not in good condition and safe, or has been broken, defaced or vandalised, the User must return the city bike to the city bike station and immediately notify the Service Provider's customer service.

The User is responsible for the city bike they are using until it has been successfully returned to the city bike station. The User is responsible for ensuring that the city bike has been returned to the city bike station so that the information system indicates that it has been successfully returned. If due to an information system or other reason the city bike cannot be returned successfully, the user must immediately notify the Service Provider's customer service.

When returning a city bike to a city bike station, the User is responsible for locking the city bike with the city bike lock.

The User must comply with the current traffic regulations. A city bike should be ridden on a bicycle path or on a driveway. On the sidewalk, the city bike needs to be walked.

If a User is found to be using a city bike in violation of these Terms of Use, the User undertakes to return the city bike to the city bike station or Service Provider without delay upon request.

If the city bike is involved in an accident or damaged for any other reason or stolen, the User undertakes to notify the Service Provider's customer service within two (2) hours and, if necessary, to make a request for an investigation to the police within two (2) days. A copy of the investigation request must be submitted to the Service Provider's customer service.

The User is responsible for any damage to the city bike caused intentionally or through gross negligence during the entire period of use, until the city bike has been returned to the city bike station. The User is liable for such damage even if the damage is caused by a third party. On the basis of the case-by-case consideration made by the Service Provider, the User may be excluded from liability if the User makes a request for an investigation to the police within two (2) days and delivers a copy of the request for an investigation to the Service Provider's customer service.

7. Service Provider’s other rights and limitations of liability

The Service Provider is not liable for damage caused by city bikes.

The Service Provider reserves the right to terminate the User's service and/or give the User a prohibition of use immediately if the User violates their obligations specified in the Terms of Use.

The Service Provider has the right to check whether the User is registered in the system and has paid the required fees.

The Service Provider is not responsible for the condition of the city bike while driving, when the User has left the city bike station with the city bike. It is the responsibility of the User to carry out the aforementioned check of the condition and safety of the city bike before leaving the station.

The Service Provider does not guarantee the correct and uninterrupted operation of the Service. The Service Provider is not liable for interruptions in the Service or other similar failures and errors or for any damage or losses that may result from these. The Service Provider is also not liable for errors and damage caused by the actions of a third party.

The Service Provider is liable to the User only for any direct damage caused intentionally or through gross negligence by the Service Provider in breach of the Terms of Use.

8. Applicable law, dispute resolution and amending the Terms of Use

Finnish legislation is applied to the Service and the Terms and Use. Disputes concerning the use of the Service shall be primarily settled through negotiation between the parties. If the dispute cannot be resolved in the negotiations, the dispute can be referred to the Consumer Disputes Board or Pirkanmaa District Court.

The Service Provider has the right to change the Terms of Use of the Service. A change in the Terms of Use will be announced on the Service's website.