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Terms

Please read these General Terms and Conditions carefully. By registering with Aimo and accepting these GT&Cs you enter into an agreement with Aimo where you agree to be bound by these GT&Cs, together with our Privacy Notice and any Customer instructions established by Aimo from time to time. If you do not accept these GT&Cs, please do not register for or otherwise use Aimo’s services.

  1. Definitions

The “Aimo App” refers to the app available for download in either Google Play or AppStore published by Aimo for the service.

The “GT&Cs“ refers to the General Terms and Conditions under which an agreement (as defined below) was signed between Aimo Solution AB, corporate ID number 559148-0941, hereinafter referred to as “Aimo”, and the contracting member, hereinafter referred to as the “Customer”.

The “Homezone” refers to the zone, available in the Aimo App, where the Customer is allowed to start and end her trip. The Homezone is also where Aimo is responsible for parking of the cars according to the provisions set out below in section 11. The Homezone might change from time to time and the Customer is responsible to familiarize herself with the up to date Homezone prior to every Rental Period.

The “Price List” – refers to the price list in force at any time for using and renting a car. The Price List is available on https://aimosolution.com/ and through the Aimo app. The Customer is responsible to familiarize herself with the Price List and the items contained therein.

The “Rental Period” – refers to the period from when the Customer unlocks the car and until the Customer ends the rental through the Aimo App and the car is locked.

  1. Fundamental provisions for use of service

2.1 Eligibility to make reservations

Persons who are eligible to make a reservation and to use cars are natural persons, who – has accepted these GT&C’s – has attained the minimum age of 21, – has held a driver’s license that is valid in Sweden and necessary to drive the car for at least one year without interruption and fulfill any and all conditions and requirements it may contain.

2.2 Driver’s license validity

The Customer must report any withdrawal or restriction of her entitlement to drive, the coming into effect of such withdrawal or restriction or expiration of her driver’s license to Aimo without undue delay. The right to use cars shall lapse and the Customer’s right of use shall be suspended if the Customer‘s driver’s license is withdrawn or the Customer‘s driver’s license has been temporarily seized. In the event that the driver’s license is restricted Aimo reserves the right to withdraw the right of use. The Customer is obliged to present her driver’s license to Aimo upon request and can be asked to do so at any time. The Customer’s failure to present a valid driver’s license entitles Aimo to withdraw the right of use.

2.3 Contract penalty

In the event of any contravention by reason of an unauthorized trip the Customer has to pay a contract penalty according to the Price List. This shall be without prejudice to the right to assert further damages. Any contract penalty incurred shall be offset against the claim for damages.

2.4 Customer relationship

When registering, accepting these GT&C’s and creating a login, the Customer acknowledges to have concluded a binding electronic agreement with Aimo, and Customer is thus bound by the GT&C’s, and together with the Price List, they form the entire basis for the agreement between Aimo and the Customer.

The Customer’s login to Aimo is personal and may only be used by the Customer. In case of unauthorized use of the Customer’s login, the Customer must report it to Aimo’s customer service by telephone and the Customer is liable for a fee according to the Price List and any consequential costs.

  1. Means of access

3.1 Procedure for gaining access

When booking a car in the Aimo App, the car is reserved for the Customer for a certain period of time (that may be changed from time to time). The Customer can make a maximum of two reservations end to end before starting a Rental Period. Repeated violations of this may result in subsequent reservations being made on special terms or the suspension of the Customer’s access to cars.

The Rental Period starts when the Customer unlocks the car with the Aimo App. The Customer’s responsibility for the car commences at the same time. The Customer pays for the Aimo service from the time she unlocks the car in the Aimo App until she ends the trip in the Aimo App and the car is locked again.

When starting a trip, the Customer further confirms that the car is received in good and legal order having checked the brakes, steering, indicators, and lights before starting to drive. Any complaint about the condition of the car must be advanced to Aimo before starting the trip.

3.2 Customer’s liability

The Customer is liable for all damage, which Aimo incurs as a consequence of any failure to report the misuse of the Aimo App in due time for which the Customer is at fault.

  1. Reservations and formation of individual agreements

The Customer can only make a request for reservation of a car in the Aimo App. Such request is not binding until Aimo has confirmed the request. Aimo is entitled to refuse the request for reservation if there are not sufficient Aimo cars available for fulfilling booking requests or for any other legitimate reason. If a reserved car is not used by the Customer within the specified booking time, following commencement of the reserved period, the car shall be released again for use by other customers. The Customer can cancel any reservation or change the booking for another car to the extent available up to the specified booking time. The individual rental agreement is formed when the Customer unlocks the car using the Aimo App. The respective Rental Period to be paid for by the Customer begins at that point. The endpoint of the individual rental agreement is when the rental is ended in the Aimo App and the car is locked.

The maximum Rental Period under an individual rental agreement is 48 hours. If the Customer wishes to prolong the Rental Period she might be able to do so, on a case by case basis, in individual agreement with the customer service.

Another exception from the 48-hour rule is partner offers or special packages (i.e. offers that are subject to separate agreements with Aimo prior to commencing the trip).

  1. Customer’s duty to check the car before starting a trip

The Customer is under a duty to check that the car is clean and does not have any defects or damage, before starting a trip. The Customer must report any defects and damage, which are apparent to the Customer, to the customer service via telephone. The customer service representative shall decide whether the trip may begin despite the damage. It is imperative that any new damage is reported before the car is switched on (by pushing the start button in the car) so that it can be ensured that the damage is fairly attributed to the originator. Any repair or towing contracts shall require the prior consent of Aimo. If the Customer does not report damage the car shall be deemed to be optically and technically in sound condition.

  1. Treatment and use of the cars

6.1 General obligations

The Customer must treat the cars with care and prudence and in accordance with the manual, the driver‘s handbook, the car documents and the manufacturers‘ specifications. The Customer must satisfy herself that the car is roadworthy before starting her trip, such as visually examining the tires. Before parking the car the Customer must secure it against theft (the windows, as the case may be the roof and doors must be closed and the car locked). When driving on public roads the Customer must comply with the road and traffic regulations.

The Customer is also aware that Aimo will only pay for parking within the Homezone, consequently should the Customer pause the trip outside of the Homezone without ending the Rental Period she has to pay for parking herself.

6.2 Prohibited use

The Customer may not use the car for the following purposes: A) for the purposes of motor sport, particularly for events where the purpose is to achieve a maximum speed, B) for car tests, driver training and for safety driving training or for driving off metaled and paved roads, C) for transporting passengers commercially and for otherwise driving people for commercial purposes, D) for renting out to sublessees or for advertising measures of the Customer, E) for committing criminal offences, even if said offences are only punishable under the law of the place where the offence is committed, F) for transporting easily inflammable, toxic or otherwise hazardous substances, G) for transporting objects, which due to their form, size or weight may impair safe driving or may damage the car on the interior or exterior, H) for towing trailers, cars or other objects, I) for transporting animals. The Customer is also not permitted to: J) use the car for trips outside of Sweden (except partner offers i.e. offers that are subject to separate agreement with Aimo), K) drive the car under the influence of alcohol (blood alcohol limit: 0.0‰), drugs or any medications which could impair the driver‘s fitness to drive, L) transport children under the age of 12 or shorter than 150 cm if no suitable, age-appropriate and accredited restraint system (baby car cot, child car seat, booster seat) is used for the child. The Customer must comply with all of the manufacturer‘s advice on the fitting and dismantling of child restraint systems. M) dirty the car more than is considered reasonable when due care has been observed throughout the rental period or leave rubbish of any kind in the car, N) leaving the passenger airbag disabled when returning the car, O) smoke or allow passengers to smoke in the car. The smoking ban is subject to a mandatory penalty fee according to the Price List, which is to be without prejudice to any other claim for damages or remuneration that Aimo might have. Any violation or non-performance of a provision under the above shall entitle Aimo to end the rental agreement without notice or to rescind the rental agreement or to make use of the provisions regarding suspension under section 11.7 in these GT&Cs. In any such event the Customer shall not be entitled to any compensation. This shall be without prejudice to any claim to damages that accrues to Aimo due to the breach of one of the provisions under the letters above.

6.3 Aimo’s right to contact the Customer

The Aimo’s customer service is entitled to contact the Customer if there are any problems with the rental or usage process (e.g. the car is not properly locked despite confirmation that the booking has ended) in order to ascertain the cause of the problem.

  1. The Customer’s responsibility to charge the car

7.1 When and how to charge

The Customer is responsible to ensure that the car has sufficient power remaining to reach the planned destination. Further the Customer has an obligation to return the car with a remaining range of at least 15 km. The remaining range can be read in the dashboard. In the event of breach of this obligation by the Customer, the Customer shall bear the additional costs according to the Price List as well as any actual repair costs or towing (if applicable).

7.2 Charging cable

The car is equipped with a charging cable. The Customer is responsible for the safe keeping of the charging cable during the trip and before ending the trip the Customer must ensure that the charging cable is placed correctly in the luggage compartment in the car.

The Customer undertakes to use charging cable solely for charging the rented car. Aimo reserves the right to report any other use of the charging cable to the relevant prosecution authorities. The Customer undertakes to pay a contract penalty according to the Price List for every case of intentional or negligent use of the charging cable or any other breach of these GT&C’s.

  1. Aimo’s liability

Apart from the breach of material contractual obligations, Aimo shall be liable towards the Customer only in cases of intent or gross negligence on the part of its statutory representatives and vicarious agents. Material contractual obligations are obligations, which enable Aimo to properly perform the rental agreement in the first place, and compliance with which the participant generally relies and may generally rely on. Any strict liability on the part of Aimo for any initial defects in the quality of the car (produktionsfel) is excluded. The above limitations of liability do not apply in the case of any injury to life, body or health, gross negligence or intent, if defects are fraudulently concealed, if a guarantee is given or the risk of procurement is assumed and under the Swedish Product Liability Act (Produktansvarslag 1992:18).

  1. The Customer’s Liability

9.1 General liability and insurance protection

If the car, its accessories or individual car parts are damaged or lost and in the event of a breach of contract, the Customer shall be liable according to law and with these GT&Cs. The Customer‘s liability also extends to ancillary related expenses such as, for example, towing costs, depreciation, loss of no-claims insurance premium discount and loss of rental income. A third party liability insurance and a comprehensive insurance exists for all cars with the usual extent of cover. In addition, there is a limitation of liability in favour of the Customer which corresponds to the protection provided by a comprehensive motor insurance (collision and comprehensive auto insurance). The limitation of liability particularly does not cover such damage as is caused by handling or operating the car improperly, for example by ignoring warning lights or due to items transported. Unless otherwise provided in these GT&Cs, the General Terms and Conditions for Aimo’s insurance provider, which is given to the Customer upon request, shall apply to the above-mentioned insurances and the above-mentioned limitations of liability.

9.2 Obligation to indemnify Aimo in case of intentional damage

In case the Customer, intentionally, causes damage there is no insurance protection and the Customer‘s liability is not limited to the excess/deductible. In the event that the Customer is liable without insurance cover under car insurance the Customer shall indemnify Aimo from and against claims by third parties.

9.3 Liability when in breach of Clause 6

If, in the event that the Customer intentionally or negligently breaches the stipulations regarding use of the car notified to the Customer under Clause 6 of these GT&Cs, the Customer will be liable to pay a fee according to the Price List and if Aimo incurs a loss the Customer shall be fully liable for the entire loss beyond the excess/deductible.

9.4 Liability when in breach of Law; compensation for administrative costs

The Customer shall be fully liable for any breach of the law, which she commits, particularly for any violation of any traffic and administrative regulations during the period of use and in connection with parking the car. The Customer undertakes to indemnify Aimo from and against any and all penalty and warning fines, fees, costs and other expenses levied by the authorities or other bodies on Aimo because of the abovementioned violations. As compensation for Aimo‘s administrative costs incurred in handling enquiries put to Aimo by the prosecution authorities in order to investigate administrative and criminal offences committed during the rental period, Aimo shall receive a flat-rate charge for expenses as per the Price List.

9.5 Limitation of liability

Unless otherwise provided in these GT&Cs the Customer is liable for damage caused to Aimo up to the amount of the agreed excess/deductible. If damage was caused by gross negligence, Aimo shall be entitled to reduce its obligation to pay as part of the agreed limitation of liability pro rata in the proportion of the severity of the fault.

Notwithstanding the above stated, the limitation of liability shall remain if the breach of the obligation was not causal for either the occurrence of the case of damage or for the determination or the extent of Aimo‘s damage; this does however not apply if the obligation was breached with an intention to deceive.

  1. Duties in the case of accidents, damage, theft, wreckage and other destruction of the car

Any accident, damage, theft, wreckage and other destruction of the car must be reported to Aimo customer service immediately via telephone. The Customer is under a duty to ensure that all necessary measures are taken to mitigate the damage and to preserve evidence. For this purpose the Customer must report any damage to the police and advise the police/fire service that an electric car is involved in the accident. The Customer may not leave the scene of the accident until – the police have completed drawing up their record and – the car has been handed over to a towing company or – by agreement with Aimo has been parked within Aimo‘s designated zone. The journey may be continued only with Aimo‘s express consent.

10.1 Obligation to return the car and to forward police report

If the Customer has caused an accident and the car is no longer operational or roadworthy the Customer must pay for all of the costs incurred in returning the car. If the car is no longer operational or roadworthy because of the accident the rental agreement shall end by agreement with Aimo upon handover to the towing company. Furthermore, the Customer is under a duty to immediately forward any written accident report to Aimo and to provide it with the police file number.

10.2 Admitting liability, damage or fault

All instructions by Aimo‘s customer service must be complied with. The Customer may not admit liability or anticipate the settlement of any liability claims by making any payments or by other acts admitting damage and/or fault (compromising the insurance cover).

10.3 Damage report

Upon request by Aimo the Customer must complete the damage report form provided by Aimo and must return it to Aimo signed within 7 days. If the insurance company does not settle the claim because the form is returned belatedly Aimo reserves the right to charge all of the costs caused by the accident to the Customer.

10.4 Aimo’s choice of repair garage and exclusive right to third party compensation

Aimo shall in any event be solely entitled to choose the repair garage. Aimo shall in any event be solely entitled to any compensation payments in connection with damage to any of Aimo‘s cars. If the Customer has received any such payments from third parties it must forward them to Aimo without being asked and without undue delay.

  1. Termination of Rental Period and returning the car

11.1 Parking the car

The Customer may park the car – free of charge – both on “stop over” and to “end trip” by (i) properly parking the car in accordance with the Swedish Road Regulation (Trafikförordningen 1998:1276) and any provisions issued by local authorities either (ii) on street parking – controlled by EasyPark – in a public area open to cars within the Homezone where the car can be parked legally for the next 24 hours; or (iii) in a secured parking garage listed in the Aimo App on Aimo’s designated parking spots; and (iv) by pausing or terminating the booking through the Aimo App as appropriate. The Rental Period is ended in the Aimo App when the car is locked. Please note that it is specifically prohibited to park the car in “taxa 1” in the central area of the Homezone. In this area the Customer is directed to the secured parking garage according to (iii).

The Customer is also allowed to make a “stop over” and park the car outside of the Homezone where (A) it is allowed to park according to (i); or (B) by parking in other parking garages than mentioned in (iii). However, then the Customer is responsible for paying for parking herself.

11.2 Forbidden parking areas

The Customer undertakes not to end the rental on private or company premises or areas where parking is not controlled by EasyPark unless such premises are expressly designated as Aimo parking spaces. The prohibition particularly applies to the customer car parks of shopping centres or supermarkets (irrespective if the said parking is controlled by EasyPark) which are designated as such. The Customer may park the Aimo car in areas where the right to park is restricted in terms of day or time (e.g. no-stopping signs with additional signs such as „07:00 – 17:00“ or „Mondays 06:00 until 12:00“), only if the restriction does not take effect until 24 hours after parking the car. This also applies to traffic bans, which have already been ordered but do not yet apply in terms of time (e.g. temporary parking bans because of an event or removal) or rules on cleaning streets (sw. städgator). If these obligations are breached intentionally or negligently the Customer shall bear any fines or towing costs incurred. The car must be accessible to anyone at any time after it has been returned. If Aimo needs to re-park the car due to a violation of either the parking rules set by Aimo or public parking restrictions, or if a third party is contracted to tow the car away, the Customer shall be charged for said service in accordance with the current Price List.

11.3 Failing to end the Rental Period

If termination of the Rental Period fails because no mobile telephone connection is possible the Customer must re-park the car and try again. If the Customer leaves the car without having properly ended the rental, the Rental Period shall continue and the usage fee shall continue to be charged. If termination of the Rental Period fails for technical reasons, the Customer shall be obliged to report this to the customer service forthwith in order to agree on how to proceed. If the Customer is not responsible for the lack of possibility of terminating the rental, any additional rental costs incurred shall be reimbursed by Aimo.

11.4 Minimum battery range remaining when parking

When the Rental Period is ended the car must still have a remaining range of at least 15 km. The remaining range can be read in the dash board. In the event of breach of this obligation by the Customer, the Customer shall bear the additional costs according to the Price List as well as any actual repair costs or towing (if applicable).

11.5 Clean, secure and undamaged return

A proper return of the car particularly requires the following: A) The interior of the car is in a clean condition. If the car is returned in a very dirty condition (particularly vomit) or if there is any rubbish of any kind in the car the Customer must bear the cleaning costs in accordance with the Price List. If the Customer proves that Aimo had less expense, the costs to be borne by the Customer shall be reduced accordingly. If Aimo proves that the actual expense was greater, said costs shall be charged to the Customer. B) The car must be properly secured against theft and locked. In particular the doors, windows and sunroof (if applicable) must be closed and the car locked and the steering-column lock must be set. C) The car must be returned with all of the documentation provided. D) None of the car‘s equipment and accessories may be missing (including the charging cable).

11.6 Dispute resolution through independent assessment

If no agreement is reached about the condition of the car including any existing damage, defects and the assessment thereof, Aimo shall instruct an independent firm of assessors to determine the condition of the car and any loss in value. The assessment shall be binding for both parties to the agreement as an adjudicator‘s award. The parties shall bear the costs of the said assessment in the proportion in which they prevail/lose. The assessment does not exclude recourse to the courts of law.

11.7 Termination of the rental by Aimo

Aimo is entitled to end an ongoing rental immediately if the Customer in any way fails to meet her obligations under these GT&Cs or any other agreement between Aimo and the Customer, particularly if the Customer is in arrears with any payment obligations, if the car is used in breach of any provisions set forth herein or otherwise without due care, if the Customer have left false information in order to deceive Aimo or its partners, if the Customer have or have tried to transfer the car outside of Sweden’s national border or if the Customer does not return the car in time. Upon such a termination Aimo is entitled to take any necessary measures in order to gain possession of the car and the Customer is obliged to indemnify Aimo from any costs or damage arising thereof.

  1. Charges and terms of payment

12.1 Invoice, price list and payment

Aimo shall invoice the Customer charges for her use of the car in accordance with the Price List as applicable from time to time. The effective Price List can be inspected on the Aimo website and through the Aimo App. Aimo shall be entitled to change the price list for future rentals at any time. The rental price inclusive of the statutory value added tax shall be due for payment at the end of the agreed rental term. The invoice will also be available through the Aimo App.

12.2 Late payment

If the Customer is unable to pay for the trip on the first attempt, she is liable to pay a re-withdrawal fee according to the Price List, for each additional withdrawal attempt on the card. In addition, the Customer is liable to pay interest according to law (Räntelagen 1976:635) and debt collecting charges, when applicable.

12.3 Authorization to charge payment account

By accepting these GT&C’s the Customer authorizes Aimo to charge the card registered in the Aimo App at the time of the first rental and also for all later rentals as well as any other charges which the Customer owes under or in connection with the rental (such as, for example, the registration fee, flat-rate charges for expenses in the case of any violation of any traffic regulations, toll offences, contractual penalties, etc. as mentioned in the Price List).

  1. Set-off and right of retention

13.1 Provisions

The Customer shall have a right of set-off only if the Customer’s counterclaims have become final and absolute or are undisputed by Aimo or have been expressly acknowledged by Aimo. Furthermore, the Customer have a right of retention only if and to the extent that the Customer’s counterclaim is based on the same contractual relationship.

13.2 Customer arrears

If the Customer is in arrears with any payment obligations owed to Aimo, all existing debts shall become due immediately.

  1. Amendments to the GT&Cs

Aimo shall be entitled to change the GT&Cs for future individual rental agreements provided that the changes are reasonable for the Customer. The Customer shall be notified in writing, by e-mail or in any other appropriate way of any changes to the GT&Cs. The changes shall be deemed to have been approved and to be binding when they enter into force for an existing contractual relationship unless the Customer ends the contractual relationship. Aimo shall particularly point out this consequence to the Customer in the notice of changes. The Customer must notify Aimo of the termination within one month following Aimo’s notification of the changes. The Customers has a right to end the contractual relationship under this section 16 regardless of other provision set forth in these GT&Cs.

  1. Personal data and customer’s duty to provide information

To be able to provide Aimo’s services to you, Aimo has to collect and process certain personal data about you. Aimo values everyone who uses our services and we do all we can to protect the Customer’s privacy and to make sure the personal data we process is kept safe. Aimo processes Customer’s personal data in accordance with Aimo’s Privacy Notice that can be found through the website or the Aimo App. The Privacy Notice explains what personal data we collect, why we collect it, the legal basis by which we process this data, how we protect it and how long we store it. It also explains your rights under the General Data Protection Regulation (EU) 2016/679 (“GDPR”). Please read our Privacy Notice carefully and ensure that you understand it. For Aimo uses cookies on its website and the Aimo App. For information about our use of cookies please read our Cookie Statement that can be fund through the website or the Aimo App.

Customer’s acceptance of our Privacy Notice is deemed to occur upon Customer’s registration with Aimo and acceptance of these GT&Cs as described in section 2.4 above. If you do not want your personal data to be used as set out in the Privacy Notice, you should not register with Aimo or use our services.

By using Aimo’s services, Customer agrees that all of the personal data provided by Customer is accurate and up to date. Customer is under a duty to notify Aimo of any change in her address, email address, her mobile telephone number, her payment details as well as any restriction of her entitlement to drive, without undue delay. In the event of any intentional or negligent breach of this obligation the Customer shall, to the extent permitted by law, be liable for any damage and consequential damage incurred as a result of out-of-date or wrong customer details about Customer.

  1. Complaints and notice

If a Customer considers that Aimo has not fulfilled its obligations under these GT&Cs or an individual rental agreement the Customer shall notify Aimo within reasonable time after the Customer noticed or should have noticed the circumstance (a complaint). In order to simplify the process Aimo recommend that the complaint is sent by e-mail. It is of course also possible to contact Aimo by letter or by phone. Aimo’s contact details can be found in the last section of these GT&Cs.

Please note that according to the Swedish Distance and Doorstep Sales Act (Lag (2005:59) om distansavtal och avtal utanför affärslokaler), the right to withdrawal a purchase made by a consumer does not apply to car rentals.

  1. General provisions

17.1 Applicable Law

The business relationship shall be governed by Swedish law.

17.2 Alternative dispute resolution for consumer disputes

If a dispute arises between Aimo and a Customer who is a consumer, where the parties fail to find a solution and if the Customer wishes to bring the case further, the Customer may refer the dispute to the National Board for Consumer Disputes (Sw. Allmänna Reklamationsnämnden). The Board can be reached either via the website www.arn.se or via the address Allmänna Reklamationsnämnden, Box 174, 101 23 Stockholm. If a complaint of the Customer has occurred due to an online purchase, there is also an opportunity for Customers to use the EU Online Platform to resolve disputes. The EU Online Platform is available at http://ec.europa.eu/consumers/odr/.

17.3 Integration clause and amendments

There are no verbal side agreements. All amendments or additions to these GT&C’s are required to be in writing, whereby e-mail shall suffice.

17.4 Partial invalidity

In the event that individual or several provisions of this Agreement are invalid or void, the validity of the remaining provisions of the contract shall remain unaffected thereby. Aimo and the Customer undertake to fill any corresponding gaps according to their purpose and the presumed will of the contract partners. Swedish law shall apply. The contract language is Swedish.

  1. Contact Details etc.

Aimo Solution AB
559148-0941

Warfvingesv. 30
112 51 STOCKHOLM

hello@aimosolution.com
+46 10 456 39 39

VAT number: SE559148094101
Registered head office: Stockholm

 

Data Protection Officer Johan Kjellner

Contact e-mail: privacy@aimosolution.com