In this Agreement
City bikes are e-assist shared bikes that can be used by registered Users in the Kuopio urban zone as specified later in this Agreement.
A city bike shall be used only for cycling within the approved zone determined by the Service Provider and only in areas and roads specifically designated for cycling. Valid traffic rules and weather-specific care and caution to avoid hazard and damage must be observed when cycling.
2. Registration, personal details and right to use the Service
To use the Service, the person accepted as a User shall register electronically as a Service User in a way described later and, at the same time, pay for the selected right of use. The User may register on the website of the Service at kaupunkipyorat.kuopio.fi or in the Freebike application available in the play stores of mobile devices. The Service Provider has the right to later add to the Service other methods of registration or payment related to the use of city bikes.
The Service Provider guarantees that all personal data is processed with due care, in compliance with the rules of confidentiality and current legislation and to the extent that is necessary.
In addition, User data may be used for statistical purposes to monitor the use of and improve the Service. Moreover, the contact details of the User may be used for communication between the User and the Service Provider and for provision of information about the Service. The contact details of the User shall not be used for direct marketing.
The User shall have the right to check and, when necessary, change their personal data on the website of the Service, through the Freebike application or by contacting the customer service of the Service Provider. The User also has the right to request access to their personal data from the Service Provider as provided in current legislation.
The User is identified by a personal cyclist ID and a related PIN code when they log onto the Service website or Freebike application. The User shall save or store their cyclist ID and the related PIN code in a safe and reliable manner and not allow a third person to use their personal cyclist ID or the related PIN code. The User shall be responsible for all Services used with their credentials (cyclist ID and PIN code) and for any costs and fees incurred and potential damages related to these.
If the User forgets their cyclist ID or the related PIN code, they can apply for a new ID using the recovery of credentials feature on the Service website or in the Freebike application.
The User can cancel their registration by contacting the customer service of the Service Provider. However, the fees previously paid by the User shall not be refunded afterwards if the User themselves cancels the registration.
3. Availability and scope of the Service
The city bikes of the City Bike Service are available to the User throughout the specified city bike season. The Service Provider reserves the sole right to determine the duration of the city bike season, location and number of the city bike stations as well as to decide/make necessary changes concerning the quality and number of bikes.
The main annual city bike season for Kuopio city bikes is from the beginning of May until the end of October within a calendar year. The Service Provider shall have the right to decide to close a city bike station in exceptional situations during the cycling season, or remove one or several city bikes from service temporarily without liability to compensate. Also one or more of the city bike stations for returning the bikes can change or remain closed during the validity period of the Agreement without liability.
The Service Provider shall not guarantee the constant availability of city bikes in all bike stations. It is possible that all bikes at a specific station are in use at the same time. However, non-availability of city bikes at a specific city bike station shall not be regarded as a breach of agreement or other shortcoming in the production of the Service which is the subject of this Agreement and therefore the Service Provider shall not be liable for damages or compensation.
The User shall agree not to claim damages or any other compensation from the Service Provider concerning the number, placement or accessibility of the bikes used in the Service.
The Service website and the Freebike application can be used during the validity of the Service Agreement. The Service Provider shall not be liable for potential accessibility or connection issues concerning the website or the Freebike application that may prevent use of the Service with some devices or for a certain period of time, or for any other direct or indirect damage or other corresponding issue experienced by the User, if caused by a third party.
The Service Provider has the right to develop the Service and alter the Service or its content in a way it considers necessary, without liability for damages to the User, because the activity can be regarded as development of the operability and quality of the Service. Any alterations in the Service times or exceptions to the Service or its use shall be reported as early as possible and well before the change is enforced.
4. Time of use of the Service
Once a person meeting the conditions has registered as a Service User in a way described above and paid the fee for the selected right of use of the Service, they can start using the Service.
The time of use of the City Bike Service ends upon expiry or termination of the right of use of the Service of the User, or when the User has cancelled their registration in a way described above.
The time of use of a city bike begins from the moment the User collects a city bike. The time of use is calculated from the moment the User collects a bike through The Freebike application or with a contactless payment card connected to the User’s user account, or in another way specified by the Service Provider.
According to the provisions of this Agreement, the User shall notify the customer service of Vilkku bikes of any problems in connection with collection or return of a city bike without delay and in a reliable manner. A problem or a shortcoming must be reported without delay and latest within two (2) days from the time it was detected, and if a problem concerning the usability of the Service has not been reported within the given period, the User shall lose the right to claim any damages or other compensation against the Service Provider in the said matter. Problems in the usability of the Service and related claims for damages reported late shall not be valid.
5. Customer Service
Further information and help in the use of the Service are available for the User, if needed, on the Service website, Freebike application and in the Vilkku bikes’ customer service. The contact information of Vilkku bikes’ customer service can be found on the Service website, Freebike application and at the city bike stations. The User can choose the way to contact the Service Provider.
The Service Provider reserves the sole right to decide on the opening hours and the extent of the customer service.
The current fees of the Service are available on the City Bike Service’s website and in the Freebike application. The Service Provider has the sole right, without liability for damages, to change the Service fees in accordance with the decisions of Kuopio Urban Service Area Committee. However, changes shall be announced well before their implementation.
A registered User who has paid the fee for a day, week, month or the whole season can use a city bike for up to 30 minutes at a time without an extra fee. If a citybike is always returned within 30 minutes, the User shall not be charged any overage fees even if the User uses one city bike after the other. A ride exceeding 30 minutes at a time shall be subject to an overage fee specific to the right of use in question in accordance with the current price list. The extra fees shall be automatically charged to the payment card registered in the Service by the User, or in another approved manner.
The User shall not be liable for damages to a lost city bike, if information given by the User proves that the bike wasn stolen and if the theft was reported to the police or to the Vilkku bikes’ customer service, within two (2) days from the beginning of the ride time, as described in more detail later in this Agreement.
If the User uses the pause feature, an extra fee specific to their right of use shall be charged for the duration of the pause according to the valid pricelist. The extra fees shall be automatically charged to the payment card registered in the Service by the User, or in another manner approved by the Service Provider. The Service cannot be used without providing details of the payment card. If the User fails to pay the approved fee for the use of a bike or if it not possible to charge the fee to the User’s payment card, the Service provider has the right to transfer the unpaid Service debts to be collected by means considered necessary.
A city bike can be returned to a city bike station free of charge. If a citybike is returned to a free return zone, an extra fee determined for the right of use in question in accordance with the valid price list shall be charged. The fee is charged automatically to the payment card registered by the User in the Service, or by using another method of payment approved by the Service Provider. If the fee cannot be charged to the User, the Service Provider shall transfer the unpaid Service fees to be collected by means considered necessary.
The User shall return the bike according to the terms of this Agreement. A city bike cannot be returned to a non-return zone and the user agrees to return the bike to the nearest city bike station or free return area. The City Bike Service zone, city bike stations, zones of free return and non-return zones have been marked on a map available on the Service website and in the Freebike application.
The service provider makes possible compensations for the user primarily to the city bike account. All refunds of EUR 5 and less will only be made to the city bike account. The user can use the saldo in the city bike account for the pause function, off-station refund or as a payment / installment. The user may, for a justified reason, request (removal from the locality, etc.) the closure of the city bike account. In this connection, the balance remaining in the city bike account will be returned to the customer's bank account at the customer's request. Amounts less than 5 euros will not be refunded.
7. User’s Obligations and Liabilities
7. User’s Obligations and Liabilities
The User shall agree to use the Service appropriately, with consideration to the current legislation, without causing disturbance or hazard to others, and for the normal purpose of the Service (cycling) and only in appropriate environments designated for cycling.
The User of the City Bike Service shall agree to follow current traffic rules and exercise due caution and consideration of the conditions to avoid hazard and damage.
The User shall take effort to prevent vandalism and theft of the city bike at their disposal and to exercise special caution in using a city bike.
If the city bike being used by the User is involved in an accident, damaged for another similar reason or stolen, the User shall agree to notify the Vilkku bikes’ customer service thereof within two (2) hours and, if necessary, file a report to the police within two (2) days. A copy of the report shall be delivered to the Vilkku bikes’ customer service without delay.
If the User has been taken to hospital for treatment of injuries or if the User is, for some other reason beyond their control, unable to file the aforementioned report in the set time to the Vilkku bikes’ customer service or to the police, calculation of the deadline shall begin from the moment the reason preventing the User from filing the report has ceased to exist.
Collecting a city bike
The User shall make sure that before using the Service they are well familiar with the properties of the city bike and how it is used. The User shall take these facts into consideration already before using the bike. The user must be in the immediate vicinity of the city bike to be used when borrowing the bike.
In addition, the User shall always carefully inspect the condition of a city bike before collecting and driving it in a way specified later in this Agreement, because the User, for their part, is also responsible for the safe use of the Service.
Therefore the User shall ensure the condition and safety of the following parts of the bike to be used:
- chain, saddle and pedals are intact and firmly fixed
- brakes, bell and lights work
- frame and tyres are in proper condition and intact
- The light is switched on when the user presses the bike’s brake lever
- the bike is also otherwise visually roadworthy.
If the User discovers that the city bike is not intact or otherwise not roadworthy, the User shall agree not to use a damaged or broken bike. The User shall also notify the Vilkku bikes’ customer service of the faults and shortcomings of the bike immediately.
The Service Provider shall not be responsible for the condition of a city bike after the User has inspected the bike, picked it up and began to use the Service or when the User is otherwise responsible for the city bike.
Returning and parking of city bikes
The User shall park the city bike carefully and in compliance with the current traffic rules. In addition, the User shall ensure that the parked bike does not cause hazard or harm and that the bike does not prevent/block the road of other people and vehicles in traffic, and that the bike does not cause damage to the Service provider or the property of the Service Provider, or to third parties or the property of third parties.
Whenever a city bike is parked or stands without the User, the kickstand must be used. It is recommended that the city bike be parked into a free bike stand at a city bike station making sure that it does not prevent or hamper the use of other city bikes at the station.
Returning city bikes to the following places is forbidden:
- inside buildings or motor vehicles
- courtyards with a fence or property courtyards
- in front of emergency exits or emergency access roads or close to these in a way causing hazard or harm
- traffic lights or carriageway
- Parking lots for motor vehicles
- pedestrian walkways if parking of the bike would narrow the width of the walkway to less than 1.5 metres
- water or edge of water.
Furthermore, it is forbidden to return a city bike in a way that may be considered as hazardous or harmful to other people in traffic, the traffic and to third parties or the property of third parties.
The User shall notify the Service provider of any incorrect confirmation of return of a bike by the data system to enable the Service Provider to correct the mistake.
Liabilities of the User in case of an accident
In case of an accident the User shall prevent the escalation of the damage or occurrence of further damage and call for help.
The User shall call the emergency number 112 in all urgent and real emergency situations, which threaten the life, health or property of a person, or the environment, or in a similar serious or grave situation.
The User shall report to the Vilkku bikes’ customer service all accidents the city bike in their previous or current use has been involved in or damaged. If an accident involves the property of a third person or other persons, the User shall report the incident also to the police without delay and latest within two (2) days from the accident. If the User fails to fulfil this obligation, they shall be liable for all potential damages caused to the city bike at their disposal.
8. Other rights of the Service Provider and limitations on liability
The Service Provider shall not be liable for any damage caused with the city bikes to the User or to third parties.
Before the right of use is renewed, the Service Provider has the right to inspect that any period of ban has ceased, that the User has registered again for the Service and that the User has paid any unpaid fees to the Service Provider. If a period of ban has not ceased or the User has not paid all unpaid dues, the Service Provider is not obliged to provide the Service to the User. The User shall agree not to claim any damages or other compensation from the Service Provider in such a case.
The Service Provider shall not guarantee an uninterrupted error-free Service. For example, the availability of a bike or the battery level of a bike is not guaranteed. The Service provider shall not be liable for any disruptions to the Service or other problems and errors, and for any damages or related damages to third parties. The Service Provider shall not be liable to the User or to a third party for any errors and damages caused by the activity of a third party or any other reason beyond the control of the Service Provider.