Vässla Club - Terms of Use

Vässla AB, Södermannagatan 35, 116 40 Stockholm, Sweden (“Vässla”) offers electrical vehicles to users registered in the Vässla Club App (as defined below).

This agreement (the “Agreement”) sets forth the legally binding terms and conditions for your use of the Services (as defined below). Prior to using any Service, you must agree to these terms and conditions in this Agreement.

1. Defined terms

“Services” means the Vehicles, 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 Vehicles may be operated, as set out in the Vässla Club App.

“User” is the person registered in the Vässla Club App.

“Vehicles” means Vässla’s electrical scooters and kickbikes available through the Vässla Club App.

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

“You” means you as a User of the Services.

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

1. General

1.1 Parties

You and Vässla are the sole parties to this Agreement.

1.2 You are at least 18 years old.

In order to operate a Vehicle, You must be at least 18 years of age.

1.3 Using the Services provided by Vässla

In order to use the Services, You must register an account in the Vässla Club App.

After activating a Vehicle through the Vässla Club App, the rental time commences. In order to stop the rental time, the Vehicle must be deactivated through the Vässla Club App. No one else but You may operate a Vehicle or use any other Service activated through Your Vässla Club App.

1.4 The condition of the User and the responsibilities related to the Vehicle

You hereby represent and certify that You are physically fit and reasonably competent to operate the Vehicle. You assume all responsibilities and risks for any injuries and/or medical conditions when choosing to operate the Vehicle.

You are solely responsible for determining Your 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 Vehicle.

You understand that, depending on weather, traffic or any other circumstance, uncertainty or other factors, You must adjust, adapt and calculate Your speed, riding behaviour and breaking distance.

You acknowledge that You shall conduct a basic safety check of the Vehicle, including an inspection of the Vehicles wheels, brakes, lights, frame, battery level, and a check for visual damage and any unusual or excessive wear of any kind.

You agree not to operate the Vehicle 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

You agree that the Services remain the exclusive property of Vässla and Vässla reserves all rights therein. You 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 Vehicle may only be operated in certain areas

The Vehicle may only be operated and deactivated within the Usage Area in which the Vehicle has been activated. You acknowledge 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. You agree to not use, bring or deactivate the Vehicle in any area, including places within the Usage Area, where the use of Vehices is probibited. You are not allowed to operate, carry or transfer the Vehicle between different Usage Areas.

You agree not to operate the Vehicle 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.

You understand that roads, sidewalks, and bike lanes may not be suitable places to operate the Vehicle and that operation of the Vehicle may become increasingly dangerous due to weather, traffic, and/or other hazards. You acknowledge and agree that Vässla does not provide or maintain places to operate Vehicles, and that Vässla does not guarantee that there will be a safe place to operate the Vehicle.

1.7 Availability of the Services

You accept and acknowledge that the Vehicles may not available 24 hours a day, 7 days a week, 365 days per year.

The number of Vehicles is limited and therefore the Vehicle availability is never guaranteed. The availability may also differ between different Usage Areas.

You accept 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 Vehicles.

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

You accept that Vässla may require You to deactivate a Vehicle at any time.

1.8 Local laws and regulations regarding operation of the Vehicle

You agree to operate and deactivate the Vehicle in compliance with any locally applicable laws, regulations and rules pertaining the operation of the Vehicle in the Usage Area in which You are operating the Vehicle. You understand that You are solely responsible and liable for any violation of any laws, regulations and rules in relation to a Services subscribed to or activated by You.

1.9 Restrictions, limitations and safety measures while operating a scooter

You agree not to operate the Vehicle while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely operate the Vehicle. You agree not to use any device while riding a Vehicle, including, but not limited to, mobile telephones, text messaging devices, media players, or other device(s) that may distract You or impede You from safely operating the Vehicle.

You agree not to operate the Vehicle while carrying any items that might impede Your capacity of safely operating the Vehicle, including but not limited to, backpacks, bags, briefcases or other packages.

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

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

While operating the Vehicle You may never exceed the maximum weight of 100 kg (kilograms), including any items carried by You.

You agree not to use the Vehicle 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 Vehicle may only be used by You for the purposes and in accordance with this Agreement.

You 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 Vehicle, for any purposes. Your 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

You must report any accident, crash, damage or personal injury to Vässla as soon as possible. If a crash involves third party personal injury, property damage, or any other third-party damages, You shall report the incident to the local police department as soon as possible. This also applies if the Vehicle is lost or stolen while activated by You.

1.12 Lost or stolen Vehicle

You must report stolen or lost Vehicle to Vässla immediately or as soon as possible. The Vehicle activated by You may be considered lost or stolen (and subject to a fee in accordance with section 2.4) if:

  1. the Vehicle is not deactivated in accordance with this Agreement, and the maximum renting period;
  2. the Vehicle’s GPS unit is disabled;
  3. the Vehicle is parked in violation with this Agreement, i.e. not in the place where You rented it from for more than ten minutes after deactivation;
  4. the Vehicle moves after deactivation has ended and Vässla has reason to believe such movement was not caused by another User or authorized third party; or
  5. other facts and circumstances that in good faith and with reason suggest that a Vehicle has been lost or stolen.

If Vässla deems a Vehicle lost or stolen, Vässla shall have the authority to take any actions appropriate towards the last User of the Vehicle. 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 You agree that the last User of the Vehicle shall be responsible for a lost or stolen Vehicle unless circumstances presented to Vässla provide enough evidence to free the User from responsibility.

1.13 Responsibility for damages

You agree to return the Vehicle to Vässla in the same condition in which it was rented. You will not be responsible for normal wear and tear that occurs while using the Vehicle in accordance with this Agreement.

You agree that Vässla can hold You 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 Vehicle.

1.14 The Vehicle is an electric vehicle

You acknowledge that the Vehicle is an electric vehicle that requires being handled safely and prudently You acknowledge that the Vehicle needs periodic charging in order to operate. You understand and agree with each of the following:

It is Your responsibility to check the battery level on the Vehicle to ensure that it is adequate before initiating the operation of the Vehicle. The battery level remaining in the Vehicle will decrease with operation of the Vehicle, 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 Vehicle will not run out of power during Your rental. The distance, speed and/or time that You may operate the Vehicle 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 Vehicle and battery condition, weather conditions, road conditions and/or other varying factors.

2. Payment and fees

2.1 Rental fees

The rent of the Vehicle 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 Your credit or debit card or any other agreed payment method.

The maximum rental fee for a full day rental period is SEK 300.

2.2 Discounts and promotion codes

Promotion codes (discounts) are one-time offers and can only be redeemed via in 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 customer and account and may not be combined with other offers. Discounts are non-transferable and may will not be resold or refunded.

2.3 Rental times

You agree that You will deactivate the Vehicle and thereby end the rental before exceeding the maximum renting period. After deactivating the Vehicle, You may initiate a new renting period by activating the Vehicle again. You acknowledge that You are solely responsible for deactivating the Vehicle within the maximum renting period.

2.4 Recovery fees

If You are unable to deactivate the Vehicle at the same place you activated it in, in a valid spot (i.e. You deactivate the Vehicle on private property, a locked community, an unreachable area, outside the Usage Area or otherwise in violation with this Agreement), and request the Vehicle to be recovered by Vässla staff, Vässla may charge You with a recovery fee up to SEK 1,000.

If any Vehicle that is activated under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge (currently SEK 1,000) to recover the Vehicle.

Vehicles that are not deactivated within the maximum renting period will be considered lost or stolen, and You may be charged up to SEK 5,000. Vässla may also file a police report. Vässla reserves the right to charge a service fee of SEK 5, 000 for rentals in excess of the maximum renting period where the Vehicle is not lost or stolen.

2.5 Payment methods

In order to use the Services authorized by Vässla You 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 You represent and guarantee Vässla that You are authorized to use the card of choice. All fees that occur due to Your 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 You, You must contact Vässla within two months from the date of the disputed charge. You 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.

You agree to inform Vässla of all changes related to the credit or debit card which you authorized Vässla to charge without any delay.

3. Disclaimers, limitation of liability and assumption of risk

3.1 Disclaimer

You acknowledge and agree that Your operation of the Vehicle and use of other Services is at Your 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

You acknowledge and agree, with the limitation of mandatory law, that Vässla is not responsible or liable for any claim that arise out of or relate to Your use of, or inability to use, the Services.

You acknowledge and agree 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 You 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 you to Vässla hereunder.

3.3 Your assumption of risk

You are always solely and fully responsible for the safe operation of the Vehicle.

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

3.4 Indemnification

You will indemnify and hold Vässla free from all losses, suits, claims or other proceedings relating to or arising out of Your use of the Services and any breach of this Agreement.

4. Privacy

Vässla needs to register and process your personal data such as [*].

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).

5. Term and termination

5.1 Term

This Agreement enters into force from the first time You use any of the Services and shall remain in force for as long as You use the Services.

5.2 Termination of the Agreement by Vässla

Vässla may, without Your consent, and without any notice or cause, at any time and for any duration unilaterally terminate Your right to use the Services.

You may terminate Your use of the Services at any time; provided, however, that:

  1. no refund will be provided by Vässla,
  2. the term of this Agreement continues in accordance with this Agreement, and
  3. You 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 Your right to use any of the Service, regardless of how the Agreement is terminated.

6. Contact

Vässla can be contacted by emailing hi@vassla.com, or by regular mail to Vässla’s physical address Vässla AB Södermannagatan 35, 116 40 Stockholm, Sweden.

7. Governing law and disputes

This Agreement is governed by and shall be construed in accordance with Swedish law.

You agree 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 Sweden and be settled exclusively by Swedish courts, with the first instance District Court of Stockholm (Stockholms tingsrätt).

8. Entire Agreement and amendments

You acknowledge that this Agreement contains the complete, final, and exclusive integrated agreement between You 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, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. The pricing set forth on in the Vässla Club App supersedes all pricing set forth in this Agreement.

9. Confirmation by the User

You confirm that You have read and understood the terms and consequences of the Agreement, and that You are fully aware of the legal and binding effect of the Agreement.