Vässla Club - Terms of Service

Subscription terms of Use, Vässla Club for Enterprises - Spain Vässla España S.L. , C/ Brasil 30, 5C1 28020, Madrid, Spain. the Vässla Tribe Members contractual partner, represented by its representative in Spain Henry Friberg and the Managing Director Rickard Bröms, registered in the "Registro Mercantil de Madrid", under registration B88506233, VAT-ID-Number ESB88506233 offers rentals of electrical vehicles to users (“Vässla Tribe Members”) registered in the Vässla Club App (as defined below). This agreement (the “Agreement”) sets forth the legally binding terms and conditions for the Vässla Tribe Members use of the Services (as defined below). Prior to using any Service, the Vässla Tribe Member must agree to these terms and conditions in this Agreement.

  1. Defined terms “Services” means the Vässla Bike, Website, Vässla Club App and related services as described in and made available through the Website and the Vässla Club App, together with any other related equipment services, and information made available by Vässla.

“Usage Area” means the areas in which the Vässla Bike may be operated, as set out in the Vässla Club App.

“Vässla Tribe Member” is the person registered in the Vässla Club App and the User of the services provided by Vässla.

“Vässla Care Team” means Vässla’s customer success department.

“Vässla Care Partner” means all, through Vässla authorised, service and maintenance partners.

“Vässla Club App” means Vässla proprietary software applications accessible via computer or mobile device and by which the Vässla Tribe Member may access the Vässla Bike. “Website” means the Vässla website www.vassla.com.

Prices herein are inclusive of value added tax (VAT) and subject to change from time to time.

  1. General
  2. 1 Parties The Vässla Tribe Member and Vässla are the sole parties to this Agreement.

1.2 Driver’s license and authorization to drive In order to operate the Vässla Bike, the Vässla Tribe Member must be at least 18 years of age. A Vässla Tribe Member must have a driver´s license of either one of the following classes: 1) AM, 2) A, 3) A1, 4) A2, 5) B, which is valid in Spain. 1.3 Using the Services provided by Vässla In order to use the Services, the Vässla Tribe Member must register an account in the Vässla Club App.

After activating the Vässla Bike through the Vässla Club App, the rental time commences. In order to stop the rental time, the Vässla Bike must be deactivated through the Vässla Club App. No one else but the Vässla Tribe Member may operate the Vässla Bike or use any other Service activated through the Vässla Tribe Members Vässla Club App.

1.4 The condition of the the Vässla Tribe Member and the responsibilities related to the Vässla Bike The Vässla Tribe Member hereby represents and certifies that they are physically fit and reasonably competent to operate the Vässla Bike. The Vässla Tribe Member assumes all responsibilities and risks for any injuries and/or medical conditions when choosing to operate the Vässla Bike.

The Vässla Tribe Member is solely responsible for determining their general ability, medical condition, weather conditions, including, rain, fog, snow, hail, ice, heat or electrical storms, as well as other factors and conditions that can generate any risk to operate the Vässla Bike.

The Vässla Tribe Member understands that, depending on weather, traffic or any other circumstance, uncertainty or other factors, the Vässla Tribe Member must adjust, adapt and calculate their speed, riding behaviour and braking distance.

The Vässla Tribe Member acknowledges that they shall conduct a basic safety check of the Vässla Bike, including an inspection of the Vässla Bikes wheels, brakes, lights, frame, battery level, and a check for visual damage and any unusual or excessive wear of any kind.

The Vässla Tribe Member agrees not to operate the Vässla Bike if there are any noticeable issues, and to immediately notify Vässla at the address set out in section 7 below.

1.5 The Services are the exclusive property of Vässla The Vässla Tribe Member agrees that the Services remain the exclusive property of Vässla and Vässla reserves all rights therein. The Vässla Tribe Member may not in any way use Vässla’s exclusive property for commercial or any other purposes without Vässla’s prior written consent.

1.6 The Vässla Bike may only be operated in certain areas The Vässla Bike may only be operated and deactivated within the Usage Area in which the Vässla Bike has been activated. The Vässla Tribe Member acknowledges that the Usage Area is subject to change and may vary over time and season and undertake to verify the relevant Usage Area prior to using the Services. The Vässla Tribe Member agrees to not use, bring or deactivate the Vässla Bike in any area, including places within the Usage Area, where the use of the Vässla Bike is prohibited. The Vässla Tribe Member is not allowed to operate, carry or transfer the Vässla Bike between different Usage Areas.

The Vässla Tribe Member agrees not to operate the Vässla Bike on unpaved roads, in mountainous terrain, through water and/or ponds, or in any location that is prohibited, illegal and/or a nuisance to any third party.

The Vässla Tribe Member understands that roads, sidewalks, and bike lanes may not be suitable places to operate the Vässla Bike and that operation of the Vässla Bike may become increasingly dangerous due to weather, traffic, and/or other hazards. The Vässla Tribe Member acknowledges and agrees that Vässla does not provide or maintain places to operate the Vässla Bikes, and that Vässla does not guarantee that there will be a safe place to operate the Vässla Bike.

1.7 Availability of the Services The Vässla Tribe Member accepts and acknowledges that the Vässla Bike may not be available 24 hours a day, 7 days a week, 365 days per year.

The number of Vässla Bikes is limited and therefore the Vässla Bike availability is never guaranteed. The availability may also differ between different Usage Areas.

The Vässla Tribe Member accepts that Vässla may temporarily cease operations in some Usage Areas due to seasonal conditions, as well as reasons such as, but not limited to, maintenance demand, which can limit or nullify the availability of the Vässla Bikes.

The Vässla Tribe Member accepts that access to the Services also may be limited or restricted due to seasonal conditions, maintenance, availability of Vässla Bikes, force majeure, actions taken by Vässla, and other circumstances which prevents Vässla from providing the Services to the Vässla Tribe Member.

The Vässla Tribe Member accepts that Vässla may require the Vässla Tribe Member to deactivate a Vässla Bike at any time.

1.8 Local laws and regulations regarding operation of the Vässla Bike The Vässla Tribe Member agrees to operate and deactivate the Vässla Bike in compliance with any locally applicable laws, regulations and rules pertaining the operation of the Vässla Bike in the Usage Area in which the Vässla Tribe Member is operating the Vässla Bike. The Vässla Tribe Member understands that they are solely responsible and liable for any violation of any laws, regulations and rules in relation to a Services subscribed to or activated by the Vässla Tribe Member.

1.9 Restrictions, limitations and safety measures while operating a scooter The Vässla Tribe Member agrees not to operate the Vässla Bike while under the influence of alcohol, drugs, medication, or any other substance that may impair the Vässla Tribe Members ability to safely operate the Vässla Bike. The Vässla Tribe Member agrees not to use any device while riding a Vässla Bike, including, but not limited to, mobile telephones, text messaging devices, media players, or other device(s) that may distract the Vässla Tribe Member or impede them from safely operating the Vässla Bike.

The Vässla Tribe Member agrees not to operate the Vässla Bike while carrying any items that might impede their capacity of safely operating the Vässla Bike, including but not limited to, backpacks, bags, briefcases or other packages.

The Vässla Tribe Member is not permitted to carry a second person, child or animal on the Vässla Bike. The Vässla Tribe Member may not in any way lock or hide the Vässla Bike unless the Vässla Bike is activated by them. To be fit for immediate operation by other users the Vässla Bike must be deactivated and parked at the same place the Vässla Tribe Member rented and activated it from.

When operating the Vässla Bike Vässla recommends that the Vässla Tribe Member wears a CE-standard, equivalent or a higher standard helmet that has been properly sized and fitted for the Vässla Tribe Member, or any other suitable protective equipment.

While operating the Vässla Bike, the Vässla Tribe Member may never exceed the maximum weight of 100 kg (kilograms), including any items carried by them.

The Vässla Tribe Member agrees not to use the Vässla Bike for competitions, races or equivalent events, including both professional and non-professional stunt or trick riding.

1.10 Unauthorized use, tampering and hacking The Vässla Club App, Website and the Vässla Bike may only be used by the Vässla Tribe Member for the purposes and in accordance with this Agreement.

The Vässla Tribe Member must not tamper with, attempt to gain unauthorized access to, modify, hack, reverse-engineer, repair, any Vässla material or hardware, source-codes, information, including the Vässla Club App, Website and Vässla Bike, for any purposes. The Vässla Tribe Members use of the mobile version of the Vässla Club App shall comply with the user terms for the relevant software provider (Apple Store or Google Play, as applicable), provided that nothing in this Agreement or the Services shall be construed as an agreement with such software provider.

1.11 Reporting incidents The Vässla Tribe Member must report any accident, crash, damage or personal injury to the local police and the Vässla Care Team as soon as possible. If a crash involves third party personal injury, property damage, or any other third-party damages, the Vässla Tribe Member shall report the incident to the local police department as soon as possible. This also applies if the Vässla Bike is lost or stolen while activated by the Vässla Tribe Member.

1.12 Lost or stolen Vässla Bike The Vässla Tribe Member must report stolen or lost Vässla Bikes to Vässla immediately or as soon as possible to the local police and the Vässla Care Team via the usual channel “club@vassla.com” or through the Vässla Club App. The Vässla Bike activated by the Vässla Tribe Member may be considered lost or stolen (and subject to a fee in accordance with section 2.4) if:

the Vässla Bike is not deactivated in accordance with this Agreement, and the maximum renting period;

the Vässla Bike’s GPS unit is disabled;

the Vässla Bike is parked in violation with this Agreement, i.e. not in the place where the Vässla Tribe Member rented it from for more than ten minutes after deactivation;

the Vässla Bike moves after deactivation has ended and Vässla has reason to believe such movement was not caused by another User or authorized third party; or

other facts and circumstances that in good faith and with reason suggest that a Vässla Bike has been lost or stolen.

If Vässla deems a Vässla Bike lost or stolen, Vässla shall have the authority to take any actions appropriate towards the last User of the Vässla Bike. Actions may include, but are not limited to, obtaining restitution and other appropriate compensation (damages), and filing a police report with the local authorities.

Vässla and the Vässla Tribe Member agree that the last User of the Vässla Bike shall be responsible for a lost or stolen Vässla Bike unless circumstances presented to Vässla provide enough evidence to free the Vässla Tribe Member from responsibility.

1.13 Responsibility for damages The Vässla Tribe Member agrees to return the Vässla Bike to Vässla in the same condition in which it was rented. The Vässla Tribe Member will be held responsible for damages beyond normal wear and tear that occurs while using the Vässla Bike in accordance with this Agreement.

The Vässla Tribe Member agrees that Vässla can hold the Vässla Tribe Member responsible and liable for any misuse, consequences, claims, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, or disbursements of any kind related to a stolen or lost Vässla Bike.

In case of damages beyond normal wear and tear the Vässla Tribe Member is responsible for informing the Vässla Care Team about said damages through the usual channel “club@vassla.com” or via the Vässla Club App. The Vässla Care Team will then arrange the inspection and servicing of the Vässla Bike through the local Vässla Care Partner.

1.14 The Vässla Bike is an electric vehicle The Vässla Tribe Member acknowledges that the Vässla Bike is an electric vehicle that requires being handled safely and prudently. The Vässla Tribe Member acknowledges that the Vässla Bike needs periodic charging in order to operate. The Vässla Tribe Member understands and agrees with each of the following:

It is the Vässla Tribe Members responsibility to check the battery level on the Vässla Bike to ensure that it is adequate before initiating the operation of the Vässla Bike. The battery level remaining in the Vässla Bike will decrease with operation of the Vässla Bike and the operational capabilities and speed may decrease or cease in their entirety as the level of the battery decreases. Vässla does not guarantee that the Vässla Bike will not run out of power during the Vässla Tribe Members rental. The distance, speed and/or time that the Vässla Tribe Member may operate the Vässla Bike before power level is null is not in any way guaranteed by Vässla.

The decrease rate of the battery level may vary and differ from time to time due to factors such as Vässla Bike and battery condition, weather conditions, road conditions and/or other varying factors.

  1. Payment and fees
  2. 1 Rental fees The rent of the Vässla Bike is on a per hour or pay per ride basis or otherwise in accordance with the pricing described in the Vässla Club App. In each case, fees and other charges may be subject to applicable taxes and government charges, which may be charged and collected by Vässla. The amount of the fees as described in this Agreement or in the Vässla Club App will be charged by Vässla to the Vässla Tribe Members credit or debit card or any other agreed payment method.

The maximum rental fee for a full day rental period is EUR 54.

2.2 Discounts and promotion codes Promotion codes (discounts) are one-time offers and can only be redeemed via the Vässla Club App. Vässla reserves the right to, without notice, modify or cancel discounts at any time without notice. Discounts may be limited to one per the Vässla Tribe Member and account and may not be combined with other offers. Discounts are non-transferable and may not be resold or refunded.

2.3 Rental times The Vässla Tribe Member agrees that they will deactivate the Vässla Bike and thereby end the rental before exceeding the maximum renting period. After deactivating the Vässla Bike, the Vässla Tribe Member may initiate a new renting period by activating the Vässla Bike again. The Vässla Tribe Member acknowledges that they are solely responsible for deactivating the Vässla Bike within the maximum renting period.

2.4 Recovery fees If the Vässla Tribe Member is unable to deactivate the Vässla Bike at the same place they activated it in, in a valid spot (i.e. the Vässla Tribe Member deactivates the Vässla Bike on private property, a locked community, an unreachable area, outside the Usage Area or otherwise in violation with this Agreement), and request the Vässla Bike to be recovered by Vässla, Vässla may charge the Vässla Tribe Member with a recovery fee of one day rental EUR 54.

If any Vässla Bike that is activated under the Vässla Tribe Members account is abandoned without notice, the Vässla Tribe Member will be responsible for all trip fees until the Vässla Bike is recovered and deactivated, plus a service charge (currently EUR 54) to recover the Vässla Bike.

2.5 Payment methods In order to use the Services authorized by Vässla the Vässla Tribe Member must provide Vässla with information and details to a valid credit or debit card. By providing Vässla with the information and details of a valid credit or debit card the Vässla Tribe Member represents and guarantees Vässla that they are authorized to use the card of choice. All fees that occur due to the Vässla Tribe Members actions will be charged to the provided credit or debit card. All fees are subject to applicable taxes and other local government charges, these may also be charged and collected by Vässla.

In order to dispute any charges by Vässla to the credit or debit card provided by the Vässla Tribe Member, the Vässla Tribe Member must contact Vässla within two months from the date of the disputed charge. The Vässla Tribe Member must provide Vässla with all the information that Vässla finds necessary to evaluate the disputed charge, such as the date of use and the approximate starting and ending times of the trip.

The Vässla Tribe Member agrees to inform Vässla of all changes related to the credit or debit card which the Vässla Tribe Member authorized Vässla to charge without any delay.

  1. Disclaimers, limitation of liability and assumption of risk
  2. 1 Disclaimer The Vässla Tribe Member acknowledges and agrees that the Vässla Tribe Members operation of the Vässla Bike and use of other Services is at the Vässla Tribe Members sole risk. Vässla provides the Services with no warranties whatsoever, including but not limited to the operation or use of the Services, and the accuracy of statements made herein.

3.2 Limited liability The Vässla Tribe Member acknowledges and agrees, with the limitation of mandatory law, that Vässla is not responsible or liable for any claim that arise out of or relate to the Vässla Tribe Members use of, or inability to use, the Services.

The Vässla Tribe Member acknowledges and agrees that except in case of gross negligence or wilful misconduct, Vässla is not responsible or liable for any breach of this Agreement or violation by the Vässla Tribe Member of any applicable law as a consequence of or in the course of using the Services. Vässla’s liability shall at all times be limited to the amount of fees paid by the Vässla Tribe Member to Vässla hereunder.

3.3 The Vässla Tribe Members assumption of risk The Vässla Tribe Member is always solely and fully responsible for the safe operation of the Vässla Bike. The Vässla Tribe Member agrees that Vässla Bikes are electric vehicles that may malfunction, even if the Vässla Bike is properly maintained, and that such malfunction may cause injury. The Vässla Tribe Member agrees that riding a Vässla Bike and using the Services involve many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to the Vässla Tribe Member or others, as well as damage to property. The Vässla Tribe Member agrees that such risks, dangers, and hazards cannot always be predicted or avoided and that they are the Vässla Tribe Members sole responsibility, including, but not limited to, choosing whether to wear a helmet as required by local law or utilize other protective gear. The Vässla Tribe Member agrees that the Vässla Tribe Member is liable for all resulting injuries, damages, and related cost, when using any of the Services. By choosing to operate the Vässla Bike, the Vässla Tribe Member assumes full and complete responsibility for all related risks, dangers, and hazards, and the Vässla Tribe Member agrees that Vässla are not responsible for any injury, damage, or cost caused by the Vässla Tribe Member with respect to any person or property, including the Vässla Bike itself.

3.4 Indemnification The Vässla Tribe Member will indemnify and hold Vässla free from all losses, suits, claims or other proceedings relating to or arising out of the Vässla Tribe Members use of the Services and any breach of this Agreement.

  1. Privacy Vässla needs to register and process the Vässla Tribe Members personal data such as name, address, phone number and e- mail address, and is the controller of such data.

Vässla processes such information in order to provide the Services.

More detailed information on the processing of personal data can be found in Vässla’s privacy policy as applicable from time to time (available at www.vassla.com).

  1. Term and termination
  2. 1 Term This Agreement enters into force from the first time the Vässla Tribe Member uses any of the Services and shall remain in force for as long as the Vässla Tribe Member uses the Services.

5.2 Termination of the Agreement by Vässla Vässla may, without the Vässla Tribe Members consent, and without any notice or cause, at any time and for any duration unilaterally terminate the Vässla Tribe Members right to use the Services.

The Vässla Tribe Member may terminate the Vässla Tribe Member use of the Services at any time; provided, however, that:

no refund will be provided by Vässla,

the term of this Agreement continues in accordance with this Agreement, and

the Vässla Tribe Member may still be charged any applicable additional fees in accordance with this Agreement.

This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of the Vässla Tribe Members right to use any of the Service, regardless of how the Agreement is terminated.

  1. Contact Vässla can be contacted by emailing hi@vassla.com, or by regular mail to Vässla’s physical address Vässla España S.L. , C/ Brasil 30, 5C1 28020, Madrid, Spain. To the extent legally permissible, the courts of Madrid shall have exclusive jurisdiction regarding all disputes arising out of or in connection with this Contract or its validity.

  2. Governing law and disputes The agreement is governed by and shall be construed in accordance with Spanish law. The Vässla Tribe Member agrees that any disputes arising out of or relating to the agreement, the breach thereof, or the subject matter thereof, unless otherwise required by a mandatory law in any other jurisdiction, shall be governed by the laws of Spain and be settled exclusively by Spanish courts, with the first instance District Court of Madrid. The European Commission offers an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr/. Vässla is not obliged, however, to participate in dispute resolution proceedings before consumer arbitration boards.

  3. Entire Agreement and amendments The Vässla Tribe Member acknowledges that this Agreement contains the complete, final, and exclusive integrated agreement between the Vässla Tribe Member and Vässla with respect to its subject matter.

This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. Vässla reserves the right to amend, modify, or change this Agreement, at its sole discretion and without any prior notice or cause. Any such amended Agreement will be available at www.vassla.com.

By continuing to use any of the Services after any amendment, modification, or change, The Vässla Tribe Member has agreed to be bound by all such amendments, modifications, and changes. The Vässla Tribe Member must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. The pricing set forth in the Vässla Club App supersedes all pricing set forth in this Agreement.

  1. Confirmation by the the Vässla Tribe Member The Vässla Tribe Member confirms that the Vässla Tribe Member has read and understood the terms and consequences of the Agreement, and that the Vässla Tribe Member is fully aware of the legal and binding effect of the Agreement.