Terms of service (New service model)
Last updated 23.4.2019
1.1These General Terms of Service are applied when EkoRent Oy (”EkoRent”, business ID 2602840-4) provides its car rental service to a Member or a Member Corporation (defined in the following).
1.2In the following, these General Terms of Service are referred to as ”Terms”, a natural person member is referred to as ”Member” and a legal person member as ”Member Corporation”. Registration in order to use the service is referred to as ”Registration”, the car rental service is referred to as ”Service”, ordering the vehicle for use is referred to as ”Order” and the combination of the above documents is referred to as ”Contract”. Member is also used to refer to the person in service of the Member Corporation, who has been given the right by the Member Corporation to use the Service.
2.1Member or Member Corporation Registers to use the Service using a separate membership application form. The application form can be filed at varaa.ekorent.fi. By Registering, Member and Member Corporation agree to the terms of the Contract.
2.2By Registering, the Member or Member Corporation agrees to allow EkoRent to send the Members marketing messages related to the Service. These messages can be sent using for example e-mail, SMS, a letter or a phone call.
2.3EkoRent delivers car rental service to the Member or Member Corporation according to the Order. EkoRent Registering and using the Service is associated with a fee according to Pricing. Pricing is appended to these Terms (Appendix 1, available at ekorent.fi/pricing/). EkoRent has the right to change prices by notifying about the change to Member’s given e-mail address fourteen (14) days before the new prices come into effect. If the Member does not accept the change in price, they can resign themselves from the Service by sending a written notification to EkoRent to the e-mail address firstname.lastname@example.org before the new prices come into effect.
2.4Member or Member Corporation agree to the penalty fees appended to these Terms (”Penalty Fees”), if their use of the Service does not follow the Contract (Appendix 2: Penalty Fees, available at ekorent.fi/en/penalty-fees/.
3. Use of the service
3.1The Service is used with a separate Order. Orders are made using a web browser at the address varaa.ekorent.fi. After Registering, the Member has the right to book a vehicle for a rental session, to start the rental session and to end the rental session. Booking a vehicle, using the vehicle and ending the renting session are described in the following:
- Member finds a vacant vehicle using the web application’s map view or vehicle list view.
- Member chooses a vehicle to their liking by tapping the appropriate vehicle icon, and can inspect the vehicle’s status before reserving the vehicle.
- Member books the vehicle using the web application. When booking a vehicle the Member chooses then the actual rental session begins. When the rental session is active, Member is charged a usage-based fee according to Pricing.
- After a reservation has been made and the rental session is active, Member may collect the car keys from a keybox located at the vehicle’s service station using a one-time number code. The number code will be displayed to the Member in the web application when the rental session is active.
- When the vehicle is parked at the same EkoRent service station where the vehicle was taken from and the car keys are returned to the keybox, Member may end the active rental session using the web application. The reservation then ends, and Member is no longer charged a usage-based fee as described in Pricing.
3.2Member has the right the cancel a booked rental session before the rental session begins, which may lead to a partial returning of the rental fee to the Member. If Member cancels a booked rental session earlier than 48 hours before the start of the rental session, they will be charged 25% of the rental fee, subject to minimum cancellation fee of 2,50 € and maximum cancellation fee of 25,00 €. If Member cancels a booked rental session later than 48 hours before the start of the rental session but before the rental session begins, they will be charged 50% of the rental fee, subject to minimum cancellation fee of 5,00 € and maximum cancellation fee of 50,00 €. If Member cancels a booked rental session within 15 minutes of booking the rental session, but before the rental session begins, they will not be charged anything for that booking.
3.3Member is obliged to take care of the EkoRent vehicles in the same manner as a careful person takes care of their own vehicle. When the vehicle is being driven, Member must abide by local traffic rules and drive in a safe and careful manner. Member must park the vehicle in such a manner that they do not cause unnecessary inconvenience to others.
3.4Member must personally drive the vehicle they have reserved. Member may not hand over control of the vehicle to another person, unless the receiving person is a Member themselves. A Member in service of a Member Corporation may not hand over the control of the vehicle to another person, unless the receiving person is in the service of the same Member Corporation. Member must have a valid driving license and at least one full year of driving experience.
3.5Vehicles may only be used for ordinary transportation. Using the vehicle for causing a disturbance, anything illegal, towing, competitive driving or practicing of competitive driving, driving instruction and driving on ice is prohibited.
3.6When the vehicle is parked for even a moment, the vehicle’s doors must be closed and locked. If for any reason the Member is unable to lock the doors, they must immediately report this to EkoRent.
3.7Member must inspect the condition of the vehicle, and document it if necessary, before driving the vehicle. If the vehicle has scratches, dents or dirt/scrap/junk not resulting from ordinary use, Member must inform this to EkoRent at email@example.com before using the vehicle, and document these using, for example, photographs. Member must always check that the vehicle’s own charging cord, the relevant access key cards and charging cards are present at or in the vehicle. The vehicle’s charging cord must always be taken along with the vehicle.
3.8If Member does not report the above deficiencies to EkoRent, these deficiencies will be assumed to be the result of the Member’s own actions.
3.9Smoking, transporting of pets and allowing pets inside the vehicle is prohibited in all EkoRent vehicles. Smoking in the immediate vicinity of the vehicle is also prohibited.
3.10Driving the vehicle outside the borders of Finland is prohibited unless specifically approved by EkoRent with a written permission. The deductible in accidents occurred abroad is at least three (3) times as high as in Finland, unless otherwise agreed in the above-mentioned written permission.
4. Member’s responsibility
4.1The Member must…
- compensate for damage caused to the vehicle and its equipment during the Member’s reservation period, until the deductible limit stated during the Member’s Registration or when making a new Order. These damages may be caused by the Member or a third party.
- compensate for parts and equipment that went missing during the Member’s reservation period, until the deductible limit stated during the Member’s Registra-tion or when making a new Order.
- pay a daily reservation fee according to Pricing for the days the vehicle spends idle or in maintenance because of above-mentioned damages and missing parts/equipment, until a maximum of ten (10) days. The number of days spent in maintenance are calculated by including the day of the accident.
In addition, Member must report these damages and missing parts/equipment to EkoRent to number 0400 263 960 and write a more detailed damage report to the e-mail address firstname.lastname@example.org, and, if necessary, fill a damage report form for the insurance company.
4.2If damage caused to the vehicle and/or EkoRent is a result of gross negligence or deliberate careless actions including, but not limited to, using the vehicle while under the influence of alcohol or drugs, using the vehicle for criminal acts, competitive driving or by otherwise breaking the terms of the Contract in a serious manner, Member must compensate for the damage caused to EkoRent in full, including ancillary costs.
4.3Before driving the vehicle, Member must check that none of the vehicle’s warning indicator lights are lit. If a warning indicator light is lit, vehicle must not be driven, unless approved by an EkoRent representative.
4.4Member must pay for parking fees and fines resulting from their use of the vehicle. In addition to these fees and fines, EkoRent will charge a Penalty Fee.
4.5By Registering into the Service and giving their em-ployee the permission to use the Service, a Member Corporation takes responsibility for the employee’s actions about their use of the Service as described in the Contract.
5. EkoRent’s responsibility
5.1The main responsibility of EkoRent is to hand over the control of a vehicle to the Member in agreed place and at agreed time. The pick-up point of the vehicle can be changed for a compelling reason including, but not limited to, if the pick-up point is unavailable due to maintenance, a third-party vehicle or other external causes.
5.2If the Member cannot access a vehicle according to the Order, EkoRent is primarily responsible for arranging a replacement vehicle as near as possible. In this event, Member has the right to cancel their Order at no cost.
5.3EkoRent is responsible for keeping the vehicles meant for the Members’ use normally maintained, insured and registered, and is responsible for other costs directly associated with these vehicles.
6. Charging the vehicle
6.1Member may charge the vehicle at charging points other than EkoRent service stations. In this event, Member is responsible for ensuring the compatibility between the charger and the vehicle and that the charging process does not cause damage to the vehicle or to the vehicle’s own charging cords. Member is responsible for any fees associated with the charging.
6.2When Member returns a vehicle to an EkoRent service station, they must connect the vehicle to the service station charger. If the vehicle is not properly connect-ed to a charger, the Member is charged a Penalty Fee.
7. Member’s obligation to report
7.1Member must immediately inform EkoRent of the deficiencies listed in section 3.7.
7.2If an accident occurs during use, Member must always promptly report this to EkoRent. The report is to be given by phone to the number 0400 263 960 and by e-mail to address email@example.com. In addition, Member must fill and return a damage report form to EkoRent, which is later given to the insurance company.
7.3If the party responsible for the accident cannot be located or agreed upon, Member must report the accident to police. In addition, the accident must always be reported to police if it involves damage to an individual or a moose. The copy of the report given by the police must be delivered to EkoRent.
7.4After the accident situation is over and no person is in immediate danger, Member must promptly document the site and party/parties of the accident by taking photographs. These photographs must show the Member’s vehicle, the other party/parties of collision (for example, another vehicle), and the driving license of the person driving the possible vehicle involved in the accident.
7.5A theft must be immediately reported to both EkoRent and the police. After receiving the Member’s report, EkoRent must then inform the Member about the course of actions due to the theft.
7.6If Member neglects the above-mentioned reporting, they are responsible for damage caused to EkoRent in full, including the costs associated with investigating the accident.
8. EkoRent’s responsibility for errors
8.1If the vehicle exhibits technical errors or other defects during use, Member may demand correction of the error, a discount in relation to the error, or, in the Helsinki metropolitan area, a replacement vehicle delivered in a reasonable time, respecting the responsibility limitation described in section 10.
9. Returning the vehicle after use
9.1The vehicle must be returned to a vacant parking spot at the same EkoRent service station where the vehicle was picked up from, and connected to the vehicle charger. The renting session according to the Contract ends when Member ends the Order using the mobile application or SMS. At the same time, Member must ensure that the vehicle is clean and that the vehicle’s doors are closed and locked.
9.2If Member neglects the responsibilities listed in section 7 or elsewhere in the Contract, EkoRent has the right to charge additional fees listed in Pricing and/or Penalty Fees.
9.3If EkoRent suspects that the vehicle is used against the terms of the Contract, EkoRent may demand the Member to return the vehicle or retrieve the vehicle at the Member’s expense, and, if necessary, freeze the Member’s account.
10. Limitation of responsibility
10.1EkoRent can always compensate an error with a cancellation fee of fifty (50) euros. This is a one-time compensation and Member or Member Corporation has no right to demand additional compensation. Under no circumstances will EkoRent be responsible for indirect damage caused to the Member. In all circumstances, the maximum amount of damage compensation payable by EkoRent is limited to one thousand (1 000) euros.
11. Applied laws and resolving of disputes
11.1The law of Finland is applied to this contract and assignments made based on this contract.
11.2Disputes are to be negotiated between the parties in good faith. If the dispute cannot be resolved by negotiation, the dispute will be resolved in Espoo District Court. If the Member is a natural person and in the position of a consumer, the dispute will be resolved in the Member’s domicile’s inferior court.
12.1Member or EkoRent may terminate the Contract with a written notification by, for example, e-mail. The contract will terminate after three (3) months of receiving the notification.
12.2If Member or Member Corporation breaks the terms of the Contract and the infraction is not minor, or if EkoRent considers the Member or Member Corporation to violate the principles of EkoRent for other reason, EkoRent has the right to immediately terminate the Contract.
13. Appendices and priority order
13.1This Contract forms a whole together with appendices available at EkoRent’s website. The Contract includes, in addition to Order:
- Pricing (available at ekorent.fi/en/pricing/)
- Penalty Fees (available at ekorent.fi/en/penalty-fees/)
- Other possible appendices
When interpreting the contract, the priority order is Terms, Pricing, Penalty Fees, Order (using the vehicle with EkoRent’s application) and other possible appendices. The appendices are interpreted in numeric order so that the appendix with a lower number takes priority over an appendix with a higher number.