WHEELS Rental Agreement AND RELEASE
Last Updated: 17 January 2020
In consideration of Your use of the Wheels Services (defined below) provided by Wheels Labs Sweden AB (“Wheels”), you (“You”) agree to the terms and conditions of this Rental Agreement and Release (“Agreement”). By accessing or using Wheels’ Services (defined below), You agree to be bound by this Agreement and the Additional Terms as described below.
The Wheels “Services” are composed of several elements, including: (1) Wheels scooters and bicycles (collectively referred to as “Vehicle(s)”), (2) Wheels mobile application (“Mobile Application”) and the Wheels websites www.wheels.co and www.takewheels.com (“Website”) (the Mobile Application and the Website are collectively referred to as the “Platform”), and (3) all related information, personnel, and equipment. For the purpose of this Agreement and only when capitalized, the term “Use” means “riding, operating, activating, parking or any other action in connection with or on a Vehicle.”
- Additional Terms
- Rental and Use of Vehicle.
- Sole User of the Services. You confirm that You are the sole renter and user of the Vehicle and You are responsible for compliance with all terms and conditions in this Agreement. You understand that when You activate and/or Use a Vehicle via Your account, the Vehicle may only be Used by You. You must not allow anyone other than You to Use a Vehicle that You have activated. This includes, without limitation, transporting other adults, children or pets on a Vehicle. For the sake of clarity, Vehicles are intended to carry one adult person only and at all times.
- At Least 18 Years Old. You confirm that You are at least 18 years old and that You have a valid driver’s license. Operation or use of the services or any vehicle by a minor is prohibited. If You allow a minor to use the Services or Use a Vehicle You have activated, You are responsible for the misuse, consequences, claims, losses, liabilities, damages, injuries, fees, costs and expenses, and/or disbursements of any kind or nature in relation to the unauthorized Use.
- Competent Vehicle Operator. You confirm that You are familiar with the operation of the Vehicle and that You are reasonably competent and physically fit to use the Services and Use the Vehicle. You assume all responsibilities and risks for any injuries and/or medical conditions as detailed further below. You are responsible for determining whether conditions such as rain, snow, hail, fog, ice, electrical storms, heat, or wind and/or any other conditions make it dangerous to Use a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit all conditions and variables, including weather and traffic.
- Vehicle is the Exclusive Property of Wheels. The Vehicles and any equipment attached thereto remain the exclusive property of Wheels. You must not dismantle, write on, or otherwise modify, repair or deface any Vehicle or any part of any Vehicle in any way. You must not use any Vehicles for any advertising or commercial purpose.
- Only Use Vehicles Where Allowed. You may only Use the Services and Vehicles in areas where the Vehicles are legally permitted. You are responsible for determining whether an area permits the Use of the Vehicles. You may not Use Vehicles in any restricted areas (such as cities that prohibit Vehicles in certain places or throughout) (each a “Restricted Area”). You are responsible and liable for any Use of any Vehicle in any Restricted Area, including for all fines or fees as a result of Your Use of any of the Vehicles in any Restricted Areas. If You use the Services or Use the Vehicles in any Restricted Areas, Wheels reserves the right to charge You, including for the actual fees incurred by such Use, and to immediately terminate Your access to the Services.
- Compliance with laws. You must follow and are responsible for determining, all laws, rules, regulations, and/or ordinances applicable to the use, riding, parking, and/or operation of the Vehicles. This includes those pertaining to the Vehicles in the area where You are Using the Vehicles, including applicable helmet laws. You shall also act with courtesy and respect towards others while using the Services or Using the Vehicles.
You are responsible for any violation of this Agreement and any laws, rules, regulations, and/or ordinances while using the Services, which includes improper riding and/or parking. You agree that You are responsible for any and all consequences and claims (as set forth in Section 7 (including impounding fees charged by any local government) as a result of using any of the Services.
- Payment of Fines and Fees. You agree to pay any fines, fees, penalties, impounding charges, and/or any other charges incurred by Wheels, which result from You Using any Vehicle improperly or as a result of Your violation of any law, rule, regulation and/or ordinance while using the Services.
- Helmets; Safety. Wheels strongly recommends that You wear a snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions while operating a Vehicle. Wearing such a helmet may protect against an injury or may lessen the severity of an injury caused by an impact to the head. However, helmets do not protect against all head injuries and do not protect against other injuries and may not be 100% effective. You may also need to take additional safety measures and precautions when You Use a Vehicle that are not specifically addressed in this Agreement. These measures should be independently assessed and determined by You.
- Prohibited Acts. You agree and confirm that You will not:
- Allow a minor to use the Services;
- Ride a Vehicle while carrying any briefcase, backpack, bag or any other item if it impedes Your ability to safely Use the Vehicle;
- Use any cellular phone, tablet, laptop, text messaging device, portable music player, or other handheld or other device if it distracts You from safely Using the Vehicle;
- Operate or Use a Vehicle under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate the Vehicle;
- Carry, tow, or otherwise transport a second person (including a child or pet) while Using a Vehicle;
- Dock or lock any Vehicle other than by using the locking mechanisms provided by Wheels;
- Bring or transport a Vehicle in a car, ferry, or train;
- Violate any applicable law, or any command or instruction from law enforcement personnel, including those for bicycle or scooter riders;
- Attach anything to a Vehicle, including, but not limited to, baskets, cup holders, electric drives, child seats, trailers, or tandem bicycles;
- Exceed the maximum weight limit for a Vehicle or otherwise use any included basket improperly with regard to type of contents or any visual obstruction or riding impediment;
- Allow others to Use a Vehicle You have activated;
- Park or place any Vehicle in an unlawful manner or a manner that prevents Wheels from accessing it; and
- Park or place any Vehicle on private party, in a locked area, in a heavily trafficked area if the Vehicle impedes the flow of pedestrian or vehicular movement, or is in danger of being knocked down, or any other unapproved non-public space, including without limitation sidewalks.
You assume the risks of Your violation of any prohibited act set out in this Section. Such risks are significant and may include injury or death to You and others, damage to or destruction of Your and others’ property, and the potential that You will be cited or arrested for violation of applicable laws.
- Vehicles Intended Only for Limited Types of Use. You agree that You will not Use the Vehicle for racing, mountain riding, stunt, or trick riding. You agree that You will not operate and/or Use any Vehicles on unpaved roads, through water, or in any location that is prohibited, illegal and/or a nuisance to others, or in any location that would reasonably be deemed unfit for the Use of a Vehicle. You agree not to use the Vehicles for hire or reward, or use the Vehicles or Service in a manner that violates any law, rule regulation and/or ordinance. Wheels does not provide or maintain places to ride the Vehicles, and does not guarantee that there will always be a safe place to ride any particular Vehicle. Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards outside of Wheels’ control and Wheels will not be liable for any of the foregoing. You are responsible for choosing a responsible and safe route, obeying all laws at all times in choosing a route, and being familiar with the applicable laws, rules, regulations, and/or ordinances of the jurisdiction in which You are using the Vehicle or Services.
- No Common Carrier. Wheels is not a common carrier. Alternative means of public and private transportation are available to the general public and to You, including public buses and rail services, taxis, and pedestrian paths. Wheels provides Vehicles only as a convenience and recreational activity, not as a public service and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all the terms and conditions of this Agreement.
- Reporting Damage and Accidents. You shall report any accident, crash, damage, personal injury, stolen or lost Vehicle to Wheels without undue delay. If any personal injury is sustained relating to Your Use of the Vehicle, You shall file a report with the local police department and notify Wheels of the same without undue delay. Your insurance policies may not provide coverage for accidents involving the Use of the bicycle or Vehicle. To determine if coverage is provided, You should contact Your insurance company.
- Vehicle Damage; Vandalism. You agree to return any Vehicle to Wheels in the same condition in which such Vehicle was activated by You. You agree that You will be responsible for the cost of repairing and/or replacing any Vehicle that You deliberately or negligently damage and/or cause damage to. If any Vehicle is damaged or vandalized as a result of Your Use, You shall be liable for the amount that corresponds to the extent of the damage of the Vehicle, but up to a maximum amount of $3,000. You will not be responsible for normal wear and tear of the Vehicles.
- Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if
(i) it is not returned within 24 consecutive hours,
(ii) the Vehicle’s GPS unit is disabled,
(iii) the Vehicle is parked on unauthorized private property, in a locked, area, in any other non-public space or if it is otherwise inaccessible to Wheels for more than ten (10) minutes after the ride ends;
(iv) the Vehicle moves more than thirty (30) feet after a rental has ended and Wheels believes such movement was due to Your failure to secure or return the Vehicle properly; or
(v) other circumstances or facts that suggest to Wheels in its reasonable and good faith determination that a Vehicle has been lost or stolen.
You agree to report any Vehicle theft or disappearance to Wheels without undue delay. As the last user of the Vehicle, You agree that You may be responsible under applicable law for a lost or stolen Vehicle and that Wheels shall have the authority to take any and all actions it deems appropriate (with respect to You as the last user of the Vehicle). This includes obtaining restitution and other appropriate compensation and damages, and filing a police report with the relevant authorities. You are aware that data generated by the Vehicle computer may be used by Wheels to investigate the period of Your Use of a Vehicle.
- Availability of Vehicles and Services. While Wheels endeavors to provide the Services on an ongoing basis, You agree that the Service or Vehicles may not be available at all times, for example during force majeure events or other circumstances that might prevent Wheels from providing the Services from time to time. Access to the Services is also conditioned on the availability of and level of charge remaining in the Vehicle as applicable. As certain Vehicles may require periodic charging in order to operate, Vehicle operational capabilities may decrease (or cease in their entirety) and level of charge or rate of loss of charging power is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and/or other factors. It is Your responsibility to check the level of charge power in the Vehicle to ensure it is adequate for the ride before initiating operation of the Vehicle. Wheels may require You to return a Vehicle at any time, and You agree to do so when requested.
- Safety Inspection. Before each use of a Vehicle, You agree to conduct a safety inspection of the Vehicle, which You confirm You are competent to do. The inspection may include, but is not limited to, inspecting for:
(i) proper tire pressure;
(ii) trueness of wheels;
(iii) safe operation of all brakes and lights;
(iv) proper attachment of the battery, seat, pedals, and basket;
(v) alignment of fender and metal rods holding fender in place;
(vi) good condition of the frame; and
(vii) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need.
You shall not ride the Vehicle if You notice any mechanical or other problem or safety issue. Do not attempt to repair any Vehicle. In the event You discover any mechanical or other problem or safety issue, You must promptly notify Wheels of all problems and issues that You have discovered.
- Payment and Fees.
- Fees. You may use the Vehicle in accordance with the fee schedules that are provided to You from time to time by Wheels including through the Platform. Each use of a Vehicle begins when You activate the Vehicle and terminates when You click “Trip Completed” or equivalent on the Platform. In each case, fees and other charges may be subject to applicable taxes and other local and/or charges, which may be charged and collected directly by Wheels. Information on such fees and other charges will also be provided to You from time to time by Wheels including through the Platform. Wheels will charge Your credit card or debit card (collectively, Your “Card”) or other agreed payment methods the amount of the fees for Your use of the Vehicle.
- Coupon Codes. If You have received a coupon or discount code for Wheels, You may use the code in accordance with the user rules provided on or with such code. Subject to applicable laws, Wheels reserves the right to modify or cancel such codes at any time.
- Maximum Rental Time and Charges. Maximum rental time is 24 consecutive hours. You agree that You will return the Vehicle within 24 hours of the time that activation and rental of the Vehicle began. You may then rent again. You are responsible for being aware of any elapsed time related to timely return of the Vehicle. The maximum charge is 100€ for any Vehicle based on a 24-hour period. When returning the Vehicle, You will be charged the accumulated rental charges or the maximum 24-hour charge, whichever is less.
Vehicles unreturned (with trip concluded through the Platform) after 24 hours from the time of activation will be considered lost or stolen. If You are responsible for the loss or theft, You may be charged up to $3,000 for each Vehicle and a police report may be filed against You. For rentals returned in excess of 24 hours where the Vehicle is not considered lost or stolen, Wheels may charge a service fee of 100€.
- Valid Card. You must input a valid Card number and expiration date before You will be registered to use the Services. You confirm that You are authorized to use the Cards You furnish to Wheels. You authorize Wheels, one time and on a recurring basis, to charge the Card for all fees incurred by You, including applicable sales taxes or other charges, which fees are determined by Your use of the Services as set forth herein. If You dispute any charge on Your Card, You must contact Wheels without undue delay and provide all necessary trip information to identify the disputed charge (such as the date of the trip, and approximate start and end times). You agree to immediately inform Wheels of all changes relating to Your Card.
- Pick Up Fees. If You are unable to return any Vehicle to a valid area (i.e., You have deactivated a Vehicle on private property, a locked community, and/or any other unreachable area), then Wheels may charge You a pick-up fee amounting to up to 120€. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all fees until the Vehicle is recovered and deactivated, plus a service charge of up to 120€ to recover the Vehicle.
- Refund Policy. All purchase transactions made through the Services are subject to Wheels’ refund policy in effect at the time of purchase. Currently, Wheels’ refund policy is to not offer refunds for purchases through the Services, except in Wheels’ discretion or as provided by applicable mandatory law.
- Modification to Prices or Billing Terms. The rental of Vehicles and/or use of the Services is subject to availability. Vehicles and Services displayed on the Platform may not be available at all times and may be substituted or discontinued at any time. Wheels reserves the right, at any time, to change its prices and billing methods for Service. Such changes will be effective immediately upon posting on the Platform or by electronic delivery to You.
- Term; Termination.
- Term and Termination. This Agreement and the Additional Terms will continue to apply until terminated by either You or Wheels. Wheels may unilaterally terminate Your right to use any of the Services at any time. You may also terminate Your use of the Services at any time. To learn how to terminate Your Wheels account, please contact Wheels at firstname.lastname@example.org.
- Effect of Termination. Whether terminated by You or by Wheels, You confirm that (i) no refund will be provided to You, (ii) the term of this Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Agreement. Any sections of this Agreement, including but not limited to Sections 1, 3, 4.2 and 6 through 11, that either explicitly or by their nature, must remain in effect even after termination of this Agreement, shall remain in effect after termination.
- Privacy. You agree that all personal information that is (i) provided by You to Wheels or (ii) pertains to You and is collected by Wheels in connection with the Services will be used and kept by Wheels in accordance with Wheels’ Privacy Notice.
- Intellectual Property.
- Ownership. All content featured or displayed in connection with the Services or on the Platform, including logos, text, graphics, photographs, images, sound, and illustrations (“Content”) is owned by Wheels or its licensors, vendors, agents, and/or Content providers. All trademarks, service marks, and trade names of Wheels used in relation with the Services (including but not limited to: Wheels Labs, Wheels , the Services name, the Services design, and/or any logos (collectively, “Marks”) are trademarks or registered trademarks of Wheels or its affiliates, partners, vendors, or licensors. All elements of the Services, including the general design, the Content, and the Marks are protected by trade dress, copyright, moral rights, trademark and/or other laws relating to intellectual property rights.
- Limitations on Use; No Endorsement. Except as permitted by applicable laws, You may not modify any of the Content and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell Content, Marks or any information contained on the Services. Except if it is otherwise allowed under applicable laws, You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or Marks in any way without Wheels’ prior written consent. You shall not use the Content or Marks or any language, pictures or symbols in any manner whatsoever which could imply Wheels’ endorsement, sponsorship, or affiliation of such use where such endorsement, sponsorship, or affiliation does not exist. You will not remove any copyright, trademark or other proprietary notices or materials found on the Vehicles or Services.
- Limitation of Liability; Assumption of Risk
- Limited Liability. Wheels is not responsible or liable for any claims that arise out of or relate to (i) any risk, danger, or hazard described in this Agreement and any release except as provided by mandatory applicable law, (ii) Your use of, or inability to use, any of the Services, (iii) Your breach of this Agreement and any release, including but not limited to Your violation of any prohibited act set out in the Agreement, laws, or of good safety practices, (iv) negligence, misconduct, or other action or inaction by You, (v) Your failure to wear a bicycle helmet or other protective gear or clothing while using Vehicle, or the failure of such helmet or protective gear or clothing to prevent death or injury, or (vi) any negligence, misconduct, or other action or inaction of any third party.
- Assumption of the Risk. You are responsible for the safe operation of the Vehicle at all times. You agree that the Vehicles are machines that may malfunction, even if properly maintained, and that such malfunction may cause injury. You further agree that, before any Use of a Vehicle, You will perform the safety inspection described in Section 2.15 and that You will not Use a Vehicle that fails the safety inspection and that You will immediately notify Wheels of such failure.
You know that Using a Vehicle involves many risks, dangers, and hazards which may result in injury or death to You or to others, as well as damage to property and that such risks, dangers, and hazards cannot always be predicted or avoided. Such risks, dangers and hazards include and relate to, but are not limited to: other vehicles, bicycles, pedestrians, buildings, objects, potholes, curbs, pavement cracks, ruts, uneven or unstable roadways or bike paths, light rail or rail road tracks, weather/road conditions, animals, road kill, vegetation, component malfunction or failure, the possibility of criminal or other third-party acts or omissions, Your or any third person’s negligent acts or omissions, and Your underlying known or unknown health conditions. All such risks, dangers, and hazards, whether known or unknown, are Your responsibility and You assume all related risks.
You agree that if Your use of any of the Services, including without limitation Your Use of the Vehicles, causes any injury or damage to another person or property, You may be liable for all resulting injuries, damages and related costs. By choosing to Use a Vehicle, You assume the responsibility for all related risks, dangers, and hazards, and You agree that Wheels and its authorized representatives are not responsible for any death, injury, damage, or cost caused by You with respect to any person or property, including the Vehicle itself. For the avoidance of doubt, this Section 7.2 does not limit Wheels’ obligations and liabilities that cannot be excluded or limited under applicable laws.
- Disclaimer of Warranties. With respect to Your use of any of the Services, Vehicles or related equipment, Wheels disclaims all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. For the avoidance of doubt, this Section 8.1 does not limit Wheels’ obligations and liabilities that cannot be excluded or limited under applicable laws.
- Service Provided As-Is. All of the Services, Vehicles, and related equipment are provided “as is”, “as available” and “with all faults” (and You rely on them at Your own risk). Wheels hereby disclaims and makes no representations, warranties, endorsements, or promises, express or implied, as to:
- the Services (including the Vehicles, the Content, and the equipment rented through the Services);
- the functions, features, or any other elements on, or made accessible through the Services;
- any instructions offered, referenced, or linked through the Services, or that any information (including instructions) on the Services is accurate, complete, correct, adequate, useful, timely or reliable at all times;
- whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, or other technologies that could adversely impact Your use of the Services or Your personal property;
- whether any defects to or errors on the Services will be repaired or corrected;
- whether the Services will be available at any particular time or location, or whether Your access to the Services will be uninterrupted; and
- whether Your use of the Services, including without limitation Your Use of the Vehicles, is lawful in any particular jurisdiction.
For the avoidance of doubt, this Section 8.2 does not limit Wheels’ obligations and liabilities that cannot be excluded or limited under applicable law.
- Notice. You may contact Wheels Labs Sweden AB by writing or emailing as follows:
Fraktflygartgatan 2, Lokal 11
128 30 Skarpnack
- Dispute Resolution
In case of a claim or loss that arises out of or relates to the Services, the Use of the Vehicles and this Agreement, You and Wheels shall send notice to the other providing a description of the claim or losses along with a proposed resolution of it. Wheels’ notice to You will be sent to You based on the most recent contact information that You have provided to Wheels. You and Wheels will engage in a dialog to attempt to resolve the claim or losses in good faith.
Claims, losses or any other dispute arising out of or that relates to the interpretation, applicability, enforceability or formation of this Agreement or Your use of the Services and Use of the Vehicle shall be settled in a Swedish court of competent jurisdiction.
- Reservation of Rights. Wheels reserves the right, to: (i) investigate any suspected breach of the Services’ security or information technology or other systems or networks; (ii) investigate any suspected breach of this Agreement; (iii) investigate any information obtained by Wheels in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; and (iv) discontinue the Services, in whole or in part, or suspend or terminate Your access to it, in whole or in part, without notice for any reason and without any obligation to You or any third party. Any suspension or termination will not affect Your obligations to Wheels under this Agreement.
- Waivers. No waiver of by You or Wheels of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of You or Wheels to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Headings. The headings within this Agreement are a matter of convenience and for reference purposes only. The headings are not to be used as an aid in interpretation or in any way define, limit, construe or describe the scope or intent of such section.
- Survival. All sections, which by their context ought to survive this Agreement, shall survive any termination or expiration of this Agreement.
- Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
- Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive and does not preclude the availability or applicability of another or to any other right, remedy or defense provided by applicable law.
- Updates to Terms. As the Wheels services evolve, the terms and conditions under which Wheels offers services may be modified. As such, You expressly agree to the following:
- Wheels may unilaterally amend, modify, or change this Agreement, in its sole discretion and without notice or cause. Wheels may cease offering the Services under the terms for which they were previously offered.
- Whenever a change is made to this Agreement, Wheels will post a notification on the Platform. You agree that the revised Agreement will be effective as to Your new use and transactions as of the time that such updates are posted, or such later date as may be specified in them or in any other notice to You by Wheels.
- You agree to check the Platform and keep the contact information that You provide to Wheels up to date. You agree that any update to this Agreement and notice to You via such contact information is a reasonable manner of providing You notice. In the event any notice to You of new, revised or Additional Terms is determined to be insufficient, the prior agreement between You and Wheels shall continue until sufficient notice to establish a new agreement occurs.
- By continuing to use any Services after any amendment, modification, or change, You have agreed to be bound by all amendments, modifications, and changes. You can reject any new, revised or additional terms by discontinuing Your use of the Services and related services.
- Final Agreement. This Agreement constitutes the sole and entire agreement between the You and Wheels with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.
- Governing law. This Agreement is governed by Swedish law.