Rental Agreement – Finland (EN)

The use of eScooters of the brand “Bird” is based on this framework agreement as well as separate rental agreements for each individual ride (single rental agreements), which you can conclude via the Bird App. The following general terms and conditions of business and use are part of this framework agreement and the single rental agreements.

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Please read the following general terms and conditions of business and use carefully and confirm them at the end by ticking the appropriate box.

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The framework agreement with the following provisions and the following single rental agreements are concluded between you (hereinafter also referred to as “User“) and

Bird Rides Finland Ab

Kyllikinportti 2

00240 Helsinki

Finland

E-Mail: hello@bird.co

(hereinafter also referred to as “Operator“)

§ 1****Scope, definitions

The Operator rents out electrically powered small vehicles (eScooters) of the brand “Bird” in Finland.
For the contractual relationship between the User and the Operator, the following general terms and conditions of business and use apply exclusively. Deviating general terms and conditions of the User are not recognized unless the Operator expressly agrees to their validity in writing.
Within the scope of these general terms and conditions of business and use, the following definitions shall also apply:

“Bird Rides” is Bird Rides Europe B.V. (with registered office in the Netherlands). Bird Rides Europe B.V. is part of the globally active Bird Rides Group which operates the website bird.co (hereinafter also referred to as “Bird Website“)

“Bird App” is the application developed and distributed by Bird Rides for Internet-enabled mobile phones, which serves, among other things, as a means of access for reserving and renting “Bird” branded eScooters within the Bird Business Area. The general terms and conditions of use of the Bird App as well as details on the technical availability and the respective functionalities of the Bird App can be found on the Bird Website via this link. The rental of Bird eScooters is only possible via the Bird App. Neither the operator nor Bird Rides guarantees the compatibility of the User’s mobile phone with the Bird App.

“Bird Business Area” means the respective area in a city within the boundaries of which Bird eScooters can be rented and used. The respective Bird Business Areas can be viewed in their current form on the Bird Website or in the Bird App.

“Bird User Account” means the User profile created by the User via the Bird App or the Bird Website. The User must keep the data stored in his Bird user profile up to date at all times.

“Bird eScooter” means any micro-electric vehicle owned by the Operator.

Clauses 2, 3, and 4 of this framework agreement contain general provisions which concern the relationship between the parties even before the conclusion of a single rental agreement. Clause 5 regulates the conclusion of a single rental agreement for the use of Bird eScooters. Starting with Clause 6, the respective contractual obligations and rights during a Single Rental Agreement are regulated.
These general terms and conditions of business and use are supplemented by the currently valid tariff and cost regulations. The currently valid tariff and cost regulations are available in the Bird App.

§ 2

Leasing concept

Bird eScooters are rented on a “free-floating” (freely available) rental concept. According to this concept, Bird eScooters can be rented by activating an available Bird eScooter via the Bird App. The User can drive the Bird eScooter to any destination within the Bird Business Area. However, before driving, the User must check in the Bird App that the destination and the route are within the Bird business territory. At the destination, the User returns the Bird eScooter by turning it off – according to Clause 6 below – and terminating the rental agreement via the Bird App. The returned Bird eScooter can then be rented again by each User.
The Operator is not a provider of transport services. If the User desires a transport service, all public and private means of transport are available to him, including bus and train connections, taxis, and pedestrian routes. The Operator rents Bird eScooters only as an alternative and convenient means of transportation.
The Operator can give the User the possibility to reserve a Bird eScooter before the ride. If the Operator offers such a reservation option, the maximum duration of the reservation and any reservation fees will be displayed in the Bird App and must be confirmed by the User.
Available Bird eScooters near the User’s location are displayed in the Bird App. However, neither the Operator nor Bird Rides can guarantee the accuracy and completeness of the displayed Bird eScooters. Neither the Operator nor Bird Rides can guarantee that Bird eScooters are available for rental 24 hours a day, seven days a week or 365 days a year. In particular, neither the Operator nor Bird Rides can guarantee that a Bird eScooter will be available at a particular location at a particular time.
Bird eScooters are regularly serviced and checked for roadworthiness by the Operator or third parties authorized by the Operator. However, due to the “free-floating” rental concept, neither the Operator nor a third party authorized by the Operator can check a Bird eScooter after every single ride. Therefore, the User must carry out a simple visual inspection before using a Bird eScooter (see Clause 15.1).
The Bird eScooter is an electric vehicle that requires electricity from a battery installed in the vehicle to operate. The Bird App gives an approximate remaining range for each available Bird eScooter. The User has to check if the desired destination can be reached. However, as with any electric vehicle, it should be noted that the battery charge level decreases with the use of the Bird eScooter (both over time and distance). The reduction of the state of charge during use depends on the vehicle, road conditions, weather conditions and other factors. As the battery’s charge level decreases, the speed and other functions of the vehicle may decrease, or the vehicle may stop operating completely, even before reaching the User’s desired destination. If the vehicle ceases to operate, the User shall return the Bird eScooter in accordance with the provisions in Clause 6 and terminate the rental agreement in accordance with the provisions in Clause 7.
If the battery charge of a Bird eScooter drops below a certain threshold, the Bird eScooter can no longer be rented.
The battery is charged exclusively by the Operator or third parties authorised by the Operator. The battery may only be charged with certified equipment. Therefore, the User cannot and may not charge the battery on his own.

§ 3****Prerequisites for the rental of a Bird eScooter

Only those Bird eScooters can and may be rented which are displayed as “available” in the Bird App and which do not indicate any malfunction.
In order to rent a Bird eScooter, the User must have an internet-enabled mobile phone, have the Bird App properly installed, and have created a Bird user account. The User is responsible for the mobile data communication and bears the costs charged by his mobile phone provider.
The User shall not rent a Bird eScooter if the User knows or must reasonably expect at the time of rental that no internet connection will be available at the destination of the ride, e.g. because of a known lack of network coverage or because the battery of the mobile phone used is almost empty at the start of the ride or the smartphone is malfunctioning.
It is prohibited to gain access to a Bird eScooter by manipulating the Bird App or the vehicle or in any other way not authorized by the Operator.

§ 4

Drive authorization

Only persons who are at least 18 years old and have an active Bird account are authorized to ride Bird eScooters.
The User must be able to operate the Bird eScooter in a roadworthy manner in accordance with the applicable traffic and regulatory provisions. The User must also have a minimum knowledge of driving Bird eScooters and must have read the materials provided by the Operator or Bird Rides for the safe use of Bird eScooters.
The User (including luggage) may not exceed a maximum weight of 100 kg to ride a Bird eScooter.
The User is not entitled to rent a Bird eScooter if the User is under the influence of alcohol, drugs, medication or other substances that could impair driving ability.

§ 5****Conclusion and duration of Single Rental Agreements, Group Rides

The rental of Bird eScooters is exclusively done via the Bird App. The single rental agreement between the User and the Operator is concluded via the Bird App.
To rent a Bird eScooter marked as available, the User scans the QR code of the Bird eScooter with the Bird App and then unlocks it in the Bird App.
With the activation of the Bird eScooter by the User, a rental agreement incorporating the general terms and conditions contained herein and the currently valid tariffs comes into effect.
The single rental agreement starts with the activation of the Bird eScooter by the User. The single rental agreement ends when the User has returned the Bird eScooter (Clause 6) and terminated the single rental agreement for the Bird App (Clause 7). However, the single rental agreement ends automatically at the latest 24 hours after activation. After the end of the single rental agreement, the User can rent the Bird eScooter again.
The Operator can give the User the possibility to rent several Bird eScooters at the same time (so-called “Group Ride“). Whether or not the Operator offers the option of a Group Ride, the maximum possible number of Bird eScooters for such a Group Ride and the applicable fees are displayed to the User in the Bird App prior to the rental. For each Bird eScooter rented as part of a Group Ride, a single rental agreement is created between the User and the Operator according to Clause 5.3.
Only those persons who are known to the User by name and who are entitled to drive in accordance with Clause 4 may belong to the Group Ride. A passing on of a Bird eScooter to persons not known to the User by name or persons not authorized to drive according to Clause 4 is not permitted. The Operator reserves the right to require the User to provide an e-mail address of each additional rider before the start of a Group Ride. In this case the User must provide a valid e-mail address of each additional rider.
With regard to each Bird eScooter belonging to the Group Ride, the User shall ensure that the provisions of this framework agreement and of each single rental agreement (in particular Clause 6 on the return of the Bird eScooter and Clause 12 on the obligations of conduct during use) are always complied with by each rider of the Group Ride. The User shall be liable for any violation of this framework agreement or the respective single rental agreement caused by other riders of the Group Ride as if it were the User’s own fault. In the event of damage to a Bird eScooter belonging to the Group Ride or accidents, the User is obliged to provide the Operator with the information necessary to determine the identity of the affected rider of the Group Ride.

§ 6****Return of the Bird eScooter

If the User wishes to return the Bird eScooter, the User must park it upright and use the kickstand.
The User is obliged to return the Bird eScooter in the same condition in which the User took it over, except for the state of charge of the battery and the wear and tear caused by normal use. The User shall be liable for any damage to the rented Bird eScooter culpably caused by the User.
The return of a Bird eScooter is only possible within the Bird Business Area.
The return is only permitted at a parking place which is accessible and visible to everyone and which does not violate the road traffic regulations or parking prohibitions. The parked Bird eScooter must not obstruct other vehicles or pedestrians. In particular, the parking of the Bird eScooter is not permitted:

in violation of parking laws (e.g. legal requirements to leave sufficient space for pedestrians on the footpath, parking in disabled parking spaces);
in restricted or fenced areas;
on private property;
on private or company premises (e.g. car parks, backyards, etc.), unless these are expressly designated as Bird parking spaces;
in customer car parks of shopping centres, supermarkets, restaurants etc. as well as car parks of universities and similar institutions; and
on areas with a daily or time-related as well as vehicle-related restriction of the parking authorization.

If the User culpably parks the Bird eScooter at an inadmissible location, the User shall also be liable for any costs incurred by the Operator, insofar as these costs are justified (e.g. justified warnings, administrative fines, official costs and fees for the relocation or removal of the Bird eScooter).

§ 7****End of contract, termination of the single rental agreement via the Bird App

The single rental agreement shall end when the User has duly parked the Bird eScooter in accordance with the return policy as set out in Clause 6 and ends the use of the Bird eScooter via the Bird App (or after 24 hours at the latest, see Clause 5.4).
After parking of the Bird eScooter, the User must follow the steps specified in detail in the Bird App and wait until the Bird App has expressly confirmed the termination of use. If the User leaves the Bird eScooter, although the User has not received confirmation from the Bird App, the rental agreement shall continue until its automatic termination.
If the rental process – for whatever reason – cannot be terminated, the User must immediately contact Bird via the Bird App or by email to hello@bird.com and remain at the Bird eScooter until the User has been informed of the further procedure to terminate the rental agreement. The Operator will then arrange for the blocking and return of the Bird eScooter and the single rental agreement will be terminated. Otherwise, if the User is responsible for not terminating the single rental agreement, the User remains liable to pay the rent until the actual termination of the single rental agreement. The User is responsible, for example, in the event of an empty battery or malfunction of the smartphone, loss of the smartphone while riding, a parking location outside of Bird’s business territory or network reception problems known to the User.
If the User culpably breaches his obligation to terminate the rental agreement in a proper manner, the User is obliged to compensate the Operator for the damage resulting from this breach (example: the User is liable for the value of the Bird eScooter if he culpably leaves it behind without a confirmation message from the Bird App and the Bird eScooter, which has therefore not yet been locked, is subsequently stolen by a third party).
With the confirmation message of the Bird App about the successful return of the Bird eScooter, the User is shown the total rental period and the rent to be paid (total price).

§ 8

Rent to be paid by the User

The rent to be paid by the User to the Operator for the use of the Bird eScooter is based on the rates valid at the time of the conclusion of the single rental agreement and, if applicable, a rate chosen by the User. Tariff and cost regulations are displayed in the Bird App before the conclusion of the rental agreement (activation of the Bird eScooter). Usually, the rental includes an unlock or start fee and is charged according to time driven (per each minute started) or distance and/or a minimum fee.
A change in the rent during the term of the single rental agreement (Clause 5.4) is not allowed.
All prices and fees stated in the Bird App are final prices including the value-added tax.
The User can only offset against the Operator’s claims if the User’s counterclaim is undisputed or has been adjudicated by a final, non-appealable judgment.
The User can only assert a right of retention if his counterclaim is undisputed or has been adjudicated by a final, non-appealable judgment.
The Operator reserves the right to assign his claims from the rental agreement to a third party, especially for the purpose of collection.

§ 9****Direct debit authorization

You authorize Bird Rides to collect the rental fee, any recurring fees you may select as a pricing option, and all other fees and charges payable under the rental agreement by charging any payment method (credit card, debit card or any other accepted payment method) stored in your Bird account. When you provide a payment method, our system may attempt to verify the information you entered. We may do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your payment method expires and you do not update your information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts.
If the User is of the opinion that amounts have been unjustifiably debited, the User may contact Bird Rides via the Bird App or by e-mail (hello@bird.co). Bird Rides will then examine the circumstances and refund any unjustified debit.

§10 User’s obligations to update the Bird User Account, for the specified payment methods and for sufficient funds in the User’s account

The User shall keep the data stored in the Bird User Account up to date. Should the data not be up to date, the Operator and Bird Rides reserve the right to temporarily or permanently block the User’s Bird use account. This blockage can be lifted as soon as the data has been updated by the User.
The User must ensure that the means of payment selected for payment has sufficient coverage.
If a debited amount is charged back for reasons for which the User is responsible, for example if there are insufficient funds in the account or if the account details are incorrect, the User must bear the costs incurred.

§ 11****Promotions

The Operator may, at its own discretion, conduct promotional activities and provide promotional codes for discounts or credits.
Such promotion codes

may only be used by the addressees and for the intended purpose,
may not be reproduced, sold or transferred in any way, unless the Operator has expressly permitted this;
can be withdrawn by the Operator at any time and without giving reasons;
may only be used in accordance with the conditions set by the Operator for the respective promotion code;
cannot be exchanged for cash or bank deposits; and/or
may be subject to quantity or value limits.

The Operator may block User’s promotion codes or exclude the User from promotions if the User has acquired the promotion codes by mistake, fraudulently, illegally or otherwise in violation of this rental agreement or in violation of the terms and conditions applicable to the relevant promotion code.

§ 12****Duty of conduct of the User during the use of Bird eScooters

Handling of the Bird eScooter: The Bird eScooter is owned by the Operator. The User shall handle the Bird eScooter with care and shall not leave it unattended during the rental period. The User may not disassemble, label or otherwise modify, repair or deface the Bird eScooter. The User shall not affix or remove any stickers on a vehicle. Bird eScooters may not be used for advertising or other commercial purposes without the express written permission of the Operator.
Sole use: The Bird eScooter may only be used by the User alone. A passing on or transfer of use to persons other than the User is only permitted within a Group Ride to persons known to the User by name (Clause 5.6). The taking along of other persons (including children and infants) is not permitted.
Weather conditions: The User shall ensure before and during the journey that the weather and road conditions allow safe operation of the Bird eScooter. The driving behaviour and braking distance must be adapted to the weather, visibility, environment, and traffic conditions. In particular, the User is obliged to exercise increased caution in the event of rain, fog, snow, hail, ice, heat or thunderstorms/storms and must interrupt the journey if safe continuation of the journey is no longer guaranteed.
Observance of the Bird Business Area: The Bird eScooter may only be moved within the respective Bird Business Area, taking into account any restricted areas.
No Transport: The Bird eScooter may not be transported (i.e. not be driven or moved on its own wheels) without the consent of the Operator.
Observance of laws and rights of third parties etc.: When using the Bird eScooter both in public transport and private areas, the User must observe the relevant laws (in particular the road traffic regulations) and third-party rights.
Carrying luggage: No objects such as backpack or bags may be placed on or hung from the handlebars of the vehicle. The Operator also advises against carrying or holding a briefcase, backpack, bag or other object during the ride that could change the balance, add extra weight or interfere with the safe operation of the vehicle. If the User nevertheless decides to carry such an item, the User must ensure that the item fits snugly on the body or is otherwise secured and does not impair the ability to operate the Bird eScooter safely.
No use of mobile phones etc.: The use of mobile phones or smartphones while riding a Bird eScooter is prohibited. The use of other portable devices such as music players is only allowed as long as the use of these devices does not distract from the safe operation of the Bird eScooter.
Driving ability: The use of Bird eScooters under the influence of alcohol, drugs, medication or any other substance that may affect your ability to drive the Bird eScooter safely is prohibited.
Cordoning off the Bird eScooter: The User may only use locking mechanisms provided by the Operator. The User may only install another lock or cordon a Bird eScooter on the Operator’s express instructions.
Prohibited forms of use: Bird eScooters may not be used for racing, mountain driving or stunt or trick driving. It is also prohibited to use the Bird eScooter on unpaved roads, driving through water (except on wet roads especially through rain, see Clause 12.3) or through closed areas. Furthermore, the User may not sublet the Bird eScooter or offer it against payment.
Consequences of the violation of duties of conduct: If the User culpably violates one of the aforementioned behavioural obligations, the User is obliged to compensate the Operator for the damage resulting from the violation of the obligation.

§ 13****Warnings, fines and termination in relation to traffic offences

If the User commits a breach of any traffic law or regulation while using the Bird eScooter, the Operator reserves the right (at its sole discretion) to:

– In the event of the first infringement, issue a warning to the User (in the Bird app and/or by email);

– In the event of the second infringement, impose a fine of up to EUR 5 on the User for this infringement;

– In the event of the third infringement, impose a fine of up to EUR 20 on the User;

– in the event of a fourth infringement, exceptionally terminate this Framework Agreement and all other contractual relations with the User.

Clause 13 shall not affect other rights of the Operator under this Framework Agreement.

§ 14

User’s duty to notify

in the event of accidents, traffic violations, theft

Any of the following events must be reported by the User to the Operator without delay, regardless of whether the User has (co-)caused the event:

any accident or collision;
any damage to the vehicle;
any personal injury or property damage;
any traffic offence, insofar as this is punished by the authorities, in particular, by the threat or imposition of a warning or fine; and
any theft or other loss of the rented Bird eScooter

In the event of an accident involving personal injury or damage to property, the User must call in the police for the purpose of recording the accident.
In case the police has not immediately recorded an accident or other damaging event or in case of theft or other loss of the Bird eScooter, the User shall report the event to the police immediately, at the latest within 24 hours.
If the User culpably violates one of the aforementioned notification obligations, the User is obliged to compensate the Operator for the damage resulting from the violation of the obligation.
The Operator cooperates with the police and other law enforcement authorities and, in general, provides them with the required information about a damaging event.

§ 15****Users’ obligations with regard to safety and the wearing of helmets

Prior to each use of a Bird eScooter, the User must perform a simple visual inspection, which includes the following security related items:

obviously incorrect position of the wheels;
functionality of the accelerator, brakes and lights; and
obvious signs of damage, unusual or excessive wear or other obvious and obvious mechanical problems or need for maintenance.

If the User finds a problem with the Bird eScooter during the visual inspection according to Clause 14.1, the User shall not use the Bird eScooter. In addition, the User must notify the Operator so that the Operator can take the affected Bird eScooter out of service and rectify the problem, in order to protect the User, other users and third parties.
If the Bird eScooter reports a problem while riding (warning light or error display), the User shall immediately interrupt the ride and contact the Operator via the Bird App to confirm whether the ride can be continued.
The Operator recommends that the User wears a helmet while riding. The helmet should comply with the relevant standards (e.g. Snell, CPSC, ANSI or ASTM) and be correctly sized, adjusted and fastened in accordance with the manufacturer’s instructions. Using a Bird eScooter without a helmet is at your own risk.

§ 16****Insurance cover

The Bird eScooter is insured against liability in Finland.
If the User is obliged to pay damages due to an insured event, any payments made by the insurance company will be offset against the User’s obligation to pay damages.

§ 17****Duty and Liability of Bird

The Operator does not provide places and routes for the use of Bird eScooters and does not guarantee that the User will always have a safe place or route for the User’s journey to the desired destination.
In all other respects, the Operator is liable in accordance with the statutory provisions for damage caused by the Operator or his vicarious agents or assistants through intent or gross negligence.
In the case of simple negligence, the Operator is only liable for breach of an essential contractual obligation and the amount is limited to the foreseeable damages typical for the contract. Essential contractual obligations are those which make the proper execution of the agreement possible in the first place and on whose compliance the User may regularly rely. This regulation also applies to legal representatives and vicarious agents of the Operator.
The Operator’s limitations of liability do not apply within the scope of guarantees given, in the event of culpable injury to life, body or health, or for claims arising from the product liability laws.

§ 18****Termination

The User can terminate a single rental agreement at any time in accordance with Clause 7. The ordinary termination of a single rental agreement by the Operator is excluded.
The User may terminate this framework agreement at any time. The Operator may terminate this framework agreement with a notice period of one month.
The Operator may extraordinarily terminate this framework agreement and each single rental agreement with immediate effect and demand the immediate return of the Bird eScooter from the User or block the Bird eScooter if the User violates material contractual obligations, in particular rules of conduct set out Clause 12, obligations to cooperate set out in Clause 13 or security-related obligations set out in Clause 14. The same applies if the User’s Bird User Account is blocked due to default in payment of outstanding amounts or for other reasons for which the User is responsible.
The statutory right to extraordinary termination of this framework agreement, including the general terms and conditions of business and use contained herein, and a single rental agreement for good cause shall remain unaffected for both parties.

§ 19****Confidentiality

All personal data of the User will be stored by the Operator according to the currently valid Priv_a_cy Policy.
The currently valid data protection policy of the Operator and its affiliated companies can be viewed via this link.

§ 20****Applicable law

This Framework Agreement, including the general terms and conditions of business and use contained herein, and each single rental agreement between the Operator and the User are subject to Finnish law.

DECLARATION OF CONSENT OF THE USER

I confirm that I have read the above General Terms and Conditions and hereby expressly accept them.

I declare that I am familiar with the operation of an eScooter, that I am physically and otherwise capable of driving an eScooter in a roadworthy manner in accordance with the applicable traffic and regulatory provisions. I declare that I am at least 18 years old, that I will wear a helmet as far as required by law, that I will not ride the eScooter with passengers and that I will observe all traffic laws and regulations.