Contractual Terms/ Terms of Contract

“Omago Yhteiskäyttöauto” is shared car used by a limited group of users. The service is provided by the Finnish Omago Oy and the service includes e.g. fuels, maintenance and cleanind – as a user you only pay for the driving time and / or mileage you use and for any agreed monthly fee.

These terms and conditions apply to the right to use the “Omago Yhteiskäyttöauto” ant the terms and conditions associated with its use and the obligations of the parties. The terms of this agreement apply as general terms to each individual booking and use you make. Please read this agreement carefully. In summary, the content of the agreement is as follows:

· You will have the right to use the “Omago yhteiskäyttöauto” flexibly and easily only for a fee based on actual use and any agreed monthly fee. The actual operating time is always calculated from the start of the booking period to the end of the booking according to the actual run. The activation time of the reservation has no effect on the charge.

· You agree to use your Omago car as you would others to use your car, that is, properly and with special care.

Terms of Contract

1. The service Provider and creating the Contract

1.1. The Service Provider:

Omago Oy (Business ID: 2871474-2)

Address: Kornetintie 3 c/o Omago Oy, 00380 Helsinki

Email: [email protected]

www.omago.fi

1.2. These contractual terms concern/ apply to the reservation/ booking and use of Omago Alueauto (location/ zone-based car) (below/ later on/ hereafter also “Yhteiskäyttöauto”) between Omago Oy (below/ later on/ hereafter also “Service Provider) and the user of Yhteiskäyttöauto (below/ later on/ hereafter also “User/ Member/ Customer”). The use of the Service Provider’s reservation system requires accepting and obliging by these contractual terms (and conditions). The User/ Member/ Customer accepts these terms as they sign up/ register to the system of the Service Provider. 

1.3. Each individual

use or booking of Yhteiskäyttöauto is seen/ viewed/ considered as a separate

contract that is created as the User/ Member/ Customer books an

Yhteiskäyttöauto using the Service Provider’s reservation system. 

1.4. There may be an agreement between the service orderer and Omago that allows the transfer of the right to collect the deductible from Omago to the service orderer, such as a landlord, without the user’s separate consent.

2. Contents of Omago Yhteiskäyttöauto Service

2.1. Omago Yhteiskäyttöauto is a shared vehicle for a limited (user) group to use, and can be accessed by Users/ Members/ Customers who have been provided the individual code by Omago or a housing cooperative that is a customer of Omago/ a housing cooperative affiliated with Omago. Yhteiskäyttöauto is parked in a designated spot or a specific area meant for it, from where it can be located and will/ must always be returned to. 

2.2. The service

includes gas, repair, maintenance, cleaning, and insurance. The User/ Member/

Customer pays for the time spent driving and driven kilometers. The size of the

fee depends on the length of the reservation and driven distance/ kilometers.

The User/ Member accepts each fee in effect at the time as the basis of charge

when booking an Yhteiskäyttöauto in the Service Provider’s booking

system. 

2.3. The prices

include/ fee includes effective value added tax. The User/ Member is not

charged any additional fees for the use. The fee based on time usage is

calculated by each starting hour. The fee is charged from the credit card of

the User/ member after each individual reservation/ use. The Service Provider

has the right to place an authorization hold (with the amount being) at least 20€ or up to two

(2) times the assumed charge on the User/ Member’s credit/ charge card.

3. Booking an Yhteiskäyttöauto and Canceling the Reservation

3.1. The User/ Member

must, before using Yhteiskäyttöauto, book it using the Service Provider’s

reservation system. 

3.2. The User

must deliver to/ provide the Service Provider with information/ proof of their

valid credit/ charge card and authorize/ allow (a permission for) direct debit

to be taken from the User’s credit card, as well as accept that the Service

Provider charges the fee(s) on the User’s/ Member’s credit card in accordance

with the contract

3.3. During the registration, the User must

provide the Service Provider with proof of a valid driver’s license. The driving license must have been valid for more than a half year before becoming a user. Age have to be at least 24 years.

3.4. The Service provider has the right to check the user’s credit information, Suomen Asiakastieto Oy. The Service Provider also reserves the right to revoke the user’s license.

4. Canceling a reservation 

4.1. The User/ Member may cancel their reservation free of charge 30 minutes before the reservation (at latest). If the reservation is canceled after this, the User/ Member is charged half of the authorization hold placed during the reservation. The User/ Member does not have the Consumer Protection Act’s right to cancel advance booking/ the right to cancel advance booking stated in the Consumer Protection Act, as the contract concerns a car renting service. 

4.2. A booking made by a User/ Member is canceled automatically and the User/ Member is charged the

authorization hold placed during the reservation in full if the User/ Member

does not cancel the reservation and fails to activate the reservation within

one (1) hour from the start of the reservation. 

4.3. The Service Provider has the right to cancel a reservation made by the User/ Member (in order) to allow/ for maintenance and repair. 

4.4. The Service Provider has the right to prevent the User’s/ Member’s reservation, cancel it, or remove the User’s/ Member’s right to book Yhteiskäyttöauto // remove the User/ Member from the group with the rights to book Yhteiskäyttöauto, if the User/ Member has previously failed to follow the responsibilities stated in these terms and conditions, or neglected the contractually determined fees. 

5. Receiving/ Acquiring/ Accessing Yhteiskäyttöauto 

5.1. The User/ Member accepts that when receiving the car a representative of the Service Provider is not there to inspect/ check the condition of the Yhteiskäyttöauto. The User/ Member commits/ agrees to checking and accepting the condition of the Yhteiskäyttöauto before starting the use. 

5.2. If the User/ Member notices any damage in the Yhteiskäyttöauto, which have not been previously noted in the system of the Service Provider, the User agrees to note down the damage and attach a photo of the damage in the Service Provider’s system. 

5.3. If the User/ Member does not make new notes/ entries, the Yhteiskäyttöauto is at the point of return considered to be in the condition stated in the previous inspection. 

5.4. As Yhteiskäyttöauto is unlocked, the User/ Member becomes responsible over the Yhteiskäyttöauto. 

6. Using Yhteiskäyttöauto

6.1. The User/ Member must take care of Yhteiskäyttöauto appropriately and exercise extra caution when using Yhteiskäyttöauto. 

6.2. Yhteiskäyttöauto may be driven by the User/ Member only. The User/ Member is not allowed to let other persons drive Yhteiskäyttöauto.

6.3. Yhteiskäyttöauto must always be locked if it is exited even for a moment. 

6.4. Yhteiskäyttöauto cannot be used for/ in towing, racing, on ice, driving outside general/ public roads/ road area, driving lessons or for/ in anything deviating from/ outside normal use. 

6.5. Taking/ Bringing Yhteiskäyttöauto outside Finland’s borders is not allowed without a separate written contract created with the Service Provider. Unauthorized exportation is an essential/ a relevant/ significant breach of contract, and leads to viranomaisilmoitus, as well as a 1500€ fine paid by the User/ Member to the Service Provider. In addition, the User/ Member will be charged for the expenses regarding/ related to/ caused by the retrieval of the vehicle, and the damage suffered by the Service Provider, as a consequence of the breach of contract. 

6.6. Smoking, use of electronic cigarettes, or allowing pets in the Yhteiskäyttöauto is prohibited. Breaking this rule gives the Service Provider the right to charge the User/ Member the resulting cleaning expenses in full. 

6.7. The User/ Member must keep an eye on/ monitor Yhteiskäyttöauto gauge/ dashboard warning lights along with the general/ overall condition, regarding for example fluids, oil, tire pressure, and inform the Service Provider of any errors/ issues immediately. If the User/ Member uses the Yhteiskäyttöauto despite the error/ issue, they are responsible for compensating any damage caused to the Service Provider in full.

6.8. The User/ Member agrees to comply with other instructions regarding the use of Yhteiskäyttöauto (that are) provided by the Service Provider.

6.8.1.  Failure to comply with sections 6.1.-6.8 may result in termination of the agreement and termination of access without notice.

7. Returning Yhteiskäyttöauto

7.1. The User/ Member is responsible for returning the Yhteiskäyttöauto to the parking space designated for the vehicle before the reservation ends. The use of Yhteiskäyttöauto is finished and the car is considered returned once the User/ Member has created the related notification in the system of the Service Provider. 

7.2. If the User/ Member exceeds their reserved time frame, the Service Provider has the right to charge 0.50€/ min for the duration of time that surpasses the booked time frame, as well as any compensation and refunds paid to the potential next customer because of delayed service in full. If the User/ Member exceeds their reserved time frame in such a manner that it overlaps the next reservation, the Service Provider has the right to charge 1€/ min for the duration of time that surpasses the booked time frame. 

7.3. If the User/ Member does not return the Yhteiskäyttöauto within four (4) hours after the reservation has ended, and does not inform the Service Provider of a delay, the Service Provider considers Yhteiskäyttöauto as stolen and will contact the police. Such delay is considered an essential/ a relevant/ significant breach of contract, which leads to a (contractual) 1500€ fine paid by the User/ Member to the Service Provider, along with expenses caused by sorting out/ resolving the situation/ problem (paid) in full. 

7.4. The User/ Member accepts that a representative of the Service Provider is not present to inspect the condition of the Yhteiskäyttöauto when returning the car. 

7.5. The User/ Member is responsible for returning the Yhteiskäyttöauto and its equipment in the same condition as they were at the time of acquiring the car. 

7.6. The User/ Member must remove all their personal items and trash from the Yhteiskäyttöauto when returning it. The Service Provider has the right to charge an additional 50€ cleaning fee for an unusual/ unexpected condition// for a notably unkempt/ dirty car. 

7.7. The User/ Member agrees to/ is committed to note down all and any damage caused during the use of Yhteiskäyttöauto such as scratches, dents, interior staining etc. in the system of the Service Provider. The User/ Member must attach photos of the damage along the notice/ note/ message. If the User/ Member does not create a note, the Yhteiskäyttöauto is considered to have been returned in the condition that the next User/ Member registers it in before starting/ claiming their own reservation. 

8. User’s/ Member’s Responsibility over Yhteiskäyttöauto 

8.1. The User is responsible for compensating any damage caused to the Yhteiskäyttöauto or its equipment during the reservation, including any missing pieces or equipment. 

8.2. The User is responsible for paying any parking tickets, on-the-spot fines, lähisiirtomaksut, and other potential related fees charged for the use of Yhteiskäyttöauto paid in full, along with a 25€ handling/ processing fee paid to the Service Provider. 

8.3. The User’s responsibility regarding parking ends after the next User uses the vehicle. 

8.4. The car can be parked in the nearby transfer area if the transfer request is not valid for the next 48 hours. The transfer request is marked with a traffic sign and an additional sign.

8.5. The User/ Member is responsible for the expenses resulting from their actions, neglectful or otherwise against the instructions/ conditions/ rules, even after the time of use/ reservation. These can be seen to include parking Yhteiskäyttöauto incorrectly, neglecting locking the car, leaving power-draining/ requiring devices on, leaving the windows open, or other similar(ly harmful) actions. 

8.6. Yhteiskäyttöauto has traffic insurance that covers the cost of damage exceeding the deductible/ personal liability of the innocent party. Furthermore, Yhteiskäyttöauto has insurance for incidents regarding moose, fire, theft, and collision, in which the scope/ extent of compensation covers the damage according to the standard insurance policy for the sum/ amount exceeding the personal liability chosen by the User/ Member. The User’s/ Member’s property is not within the scope/ extent of the theft insurance. 

8.7. The Service Provider has the right to charge the User/ Member repair costs related to the insurance compensation (event) caused by the User/ Member, the cost being estimated by a third party/ external professional/ specialist. The compensation to be paid by the User/ Member may be at most the size of personal liability of 1250€. 

8.8. The User/ Member is responsible for fully reimbursing/ compensating the Service Provider for the damage not covered by the insurance.

8.9. The Service Provider is not responsible for repairing the damage caused to Yhteiskäyttöauto in order to charge the User/ Member for the harm caused by the User/ Member according to the price of the damage. 

8.10. The User/ Member must compensate the Service Provider in full for all the damage, if the damage has been caused on purpose or when breaking the claw or the User/ Member has breached the contract in a significant/ notable manner. 

8.11. The User/ Member must compensate the Service Provider for all the expenses and losses caused by losing the car keys, as well as the expenses caused by obtaining new keys and potential acquiring and switching of locks. 

8.12. If the User/ Member reports Yhteiskäyttöauto as stolen, they are to/ must return the car keys to the Service Provider. If the User/ Member does not return the keys, the User/ Member is responsible for the Yhteiskäyttöauto and the equipment in full value. 

9. The Service Provider’s Responsibilities

9.1. The Service Provider must make/ is responsible for making sure that Yhteiskäyttöauto is available for the User/ Member to access as agreed upon and in usable condition.

9.2. The Service Provider takes care of the availability of guidance and instructions for using/ driving the Yhteiskäyttöauto either via phone call or message. 

9.3. The Service Provider reserves the right to switch the Yhteiskäyttöauto booked by the User/ Member to a similar one/ model(?). 

9.4. The Service Provider reserves the right to transfer the Yhteiskäyttöauto to another location due to insufficient/ inadequate degree of use or poor upkeep at any time. 

10. Yhteiskäyttöauto (Getting) Gas and Washing

10.1. The User/ Member must fill the tank full during the use/ reservation if the gas tank has less than a fourth (¼) left of its capacity. Filling the tank is done at gas stations (owned by a company) determined/ decided/ directed/ designated/ mentioned by the Service Provider by using the payment method provided by the Service Provider. 

10.2. If the User neglects the aforementioned responsibility of filling the tank, the Service Provider has the right to charge the User a compensation (the size) of 25€. 

10.3. The user may receive a refund for refueling specified by the Service Provider if the conditions for the refund specified by the Service Provider are met. The user must enter the refueling in the Service Provider’s system in order to receive a refund. The refund will be deducted from the total amount of the User’s current booking usage fee. For incorrect notification, Omago has the option to charge a € 50 fee and deny access.

10.4. The user has the opportunity to wash the Yhteiskäyttöauto at the washing station of the service station indicated by the Service Provider using the payment instrument specified by the Service Provider. It is possible for the User to receive a refund for washing if the conditions specified by the Service Provider are met. The User must make a Wash Visit to the Service Provider’s system in order to receive a refund.

10.5. When the windshield washer fluid is low, the User may obtain the relevant fluid from a service station designated by the Service Provider using the Service Provider’s payment instrument and add it to the washer fluid reservoir. The mere addition of water to the washing liquid tank is prohibited to prevent damage caused by freezing. It is possible for the user to receive a refund for adding windscreen washer fluid if the conditions specified by the Service Provider are met. The user must enter the addition of windshield washer fluid to the Service Provider’s system in order to receive a refund.

11. User’s/ Member’s Responsibilities Regarding Potential/ Possible Complications and Mistakes/ Damage

11.1. All situations regarding theft and traffic offenses/ mistakes must always be reported to the Service Provider and the police both by the User/ Member. The report made/ filed by the police is delivered to the Service Provider. 

11.2. If the situation has not been reported, the User/ Member is fully responsible for (compensating) the damage caused, including damages suffered by possible other parties.

11.3. Any flaws/ errors/ problems must be reported to the Service Provider immediately in order to agree on/ discuss the follow-up/ how to proceed. The User/ Member is not allowed to repair or have someone/ a third party repair Yhteiskäyttöauto without a separate contract (permitting such action).

12. The Service Provider’s Responsibility/ Liability Regarding Complications/ Mistakes/ Errors

12.1. If a technical or an otherwise significant error/ issue or flaw preventing contractually determined use becomes apparent during the use/ reservation, the Service Provider has the primary right to/ the right to primarily substitute the vehicle with another one. If this cannot be done/ is not possible, the User/ Member may demand a discount(ed price) or termination of the contract regarding the reservation in question.

12.2. The Service Provider is not liable for compensating the User/ Member for any expenses caused by indirect damages or continuing the journey using another vehicle/ method of transportation. 

12.3. The Service Provider’s liability is limited to the fee charged for the use of Yhteiskäyttöauto. 

13. Bonus account

Creating a bonus account

13.1. A bonus account is created for all users who have registered to the Omago system via Omago’s website or the Omago application. Memberships are managed via the mobile application (hereinafter the “Omago application”).

Omago ensures that personal data is processed and stored appropriately. The

processing of personal data is further described in Omago’s Privacy Policy, which you can familiarise yourself with in the Omago application or on Omago’s website. Users can view the balance of their bonus account in the Omago application. Adding and using the balance of the bonus account

13.2. You can increase the balance of a bonus account by contacting Omago by email. Omago may increase the balance through various campaigns. The condition of the campaign may be to reduce the bonus by the same amount if the bonus is not used within a certain period. Omago does not have the right to decrease the account’s balance without a justifiable reason. The balance of an Omago bonus account cannot be used if your Omago account has been frozen. Customers can use the euros on their Omago bonus account when making reservations in the Omago application.If the bonus account is not used for two years, the bonus account shall be closed and the bonuses shall be nulled without compensation.

13.3. The euros on a bonus account cannot be withdrawn. The bonus account balance can only be used when making reservations through the Omago application. Omago members are responsible for the safe storage of their Omago application password and any damages caused by its loss, misuse, etc.

Changes to the bonus account

13.4. Omago has the unilateral right to change these bonus account rules. Any

significant changes to the agreement shall be informed to the customers in a duly manner and in advance of any changes, either in the Omago application or by email to the email address provided by the customer. Suppose the customer does not accept the significant changes to the bonus account. In that case, the customer must stop using the Omago service and request that the registration details be removed from Omago’s

system.

13. Other Terms/ Conditions

13.1. The User/ Member is responsible for making sure they are fit to drive and that they possess/ own/ have a valid driver’s license with the entitlement to drive the category in question, as well as the driving skills required for the situation.

13.2. The User/ Member accepts the processing of their (personal) data/ information in order to be provided the service and that (the location of) Yhteiskäyttöauto can be discovered/ located using a GPS tracker. The Service Provider has the right to verify/ check the personal information provided by the User/ Member, as well as gather/ collect data regarding the User/ Member from other registers for the purpose of completing the contract. By accepting the terms of use/ terms and conditions the User/ Member confirms/ accepts that the personal information provided by them is correct. 

13.3. The User/ Member accepts that the Service Provider can send promotional material and news related to this service for example via email. The messages can be later canceled at any time by using the related link in the message. 

13.4. If the service contains/ has an obvious/ a clear error/ mistake for example in the price, description, or other detail, reserves the Service provider the right to fix the error/ mistake, cancel a reservation or offer/ provide the User/ Member (with) an alternate option deemed reasonable by the Service Provider.

14. Force Majeure

14.1. The Service Provider has the right to terminate a contract in the event of a force majeure. In the event of a force majeure, the User/ Member is not entitled to a refund or compensation. Situations/ events considered a force majeure include but are not limited to fuel/ gas supply disruptions, disruption/ outage of data communications, weather conditions and natural disasters. A force majeure faced by the Service Provider’s partner is also considered a force majeure (for/ impacting the service). 

15. Resolving Disagreements

15.1. The Service Provider and the User/ Member commit/ agree to negotiate possible disagreements regarding/ concerning this contract and separate/ individual times of use/ bookings of Yhteiskäyttöauto in order to come up with an amicable solution. If the disagreement cannot be resolved through negotiating, the User/ Member has the right to contact the Consumer Advisory Services and bring the issue to the Consumer Disputes Board’s attention/ for the Consumer Disputes Board to manage. If necessary, the dispute/ disagreement may be brought before a competent district court/ taken into a competent district court to be solved.