Terms and conditions of use of FLYT Solutions AS's services, application and website

 

  1. In general

FLYT Solutions AS is a micro-mobility company that operates with free parking, sharing and rental of electric scooters in Kristiansund. The service can only be used by registering via the FLYT app which can be downloaded in Google Play or the App Store.

By downloading our application and completing the registration, you are also deemed to have read and accepted our terms of use and agreement for the rental of electric scooters (these terms and conditions), as well as our privacy statement. Upon registration, you are obliged to provide complete and correct information about yourself. You also have to change information if applicable.

Should you looe your phone/tablet or for any other reason to believe that your account with FLYT Solutions AS may be abused, you must notify FLYT Solutions AS immediately by contacting our customer service, our service personnel or via the FLYT app.

By using FLYT Solutions AS's services, including, for example, electric scooters, telephone applications, websites, you accept that all text, information, images and visual expressions belong to FLYT Solutions AS and are their exclusive property.

It is not permitted to use or reproduce material in any commercial or other business without agreement with FLYT Solutions AS.

By using FLYT Solutions AS's services, you agree that FLYT Solutions AS uses your personal data in accordance with our privacy statement. For more information about our privacy statement, see here.

 

  1. Purchase

To use the services you must be 12 years of age, this is recommended by «Trygg Trafikk» for use of electric scooters.

Registration and rental / use of electric scooters is personal. It is not allowed to register / rent a electric scooter on behalf of others.

Price for the service is stated at all times in the application. FLYT Solutions AS reserves the right to change the price, subscription solution and set restrictions for use at any time, cf. details of payment below in section 9. in this document.

 

3. Use

As a user of FLYT Solutions AS's services, you are obliged to be considerate, cautious so that no danger or injury can occur and so that other traffic is not unnecessarily obstructed or disturbed, cf. section 3 of the Road Traffic Act. the applicable rules of the site at any time and any time period. If you injure yourself or others with the use of an electric scooter, you are personally responsible for any financial loss sustained by us or others.

As a user, you are personally responsible for the electric scooter. For example, it is not possible to lend the scooter or rent the scooter on behalf of others. If there is damage to yourself, the scooter or others, while the scooter is lent to someone other than the registered scooter user, you as a registered user are liable on the same line as you should have used the scooter yourself.

The electric scooters are regularly maintained and checked, but as a user you are obliged to check the condition of the scooter before using it. Before use, always check the wheels, brakes, frame, battery level, or visual damage to the scooter. If damage is detected, you are obliged not to use the scooter. At the same time, you must notify FLYT Solution AS of the damage through the FLYT application, website or through service personnel on the street. Violation of this obligation to carry out checks and notify in the event of any damage may result in the exclusion and / or liability for financial loss incurred by FLYT Solutions AS or others.

Registered users are required to wear an approved helmet or other safety equipment if required by local law. FLYT Solutions AS is not responsible for any damage caused by the failure to use a helmet or other safety equipment.

The user is obliged to follow the speed limits the weather and traffic conditions on site indicate. It is not allowed to be more than one person on the scooter. It is not legal to use the scooter if you are under the influence of alcohol, drugs, medication or other substances that may affect your ability to ride a bicycle safely.

When registering for the use of the electric scooter, you ensure that you have both physical and mental health that allows you to ride your scooter safely.

The maximum total weight to operate the scooter is 100 kg, that include any cargo such as backpack and other cargoes.

It is not allowed to use the scooter for racing, running, jumping, acrobatics or other similar activity. It is not allowed to use scooters inside shopping center, sports halls or similar.

It is permissible to use the scooter in a business or commercial context as long as this does not violate any copyright law, these terms or other laws. Contact us for a custom business agreements.

It is not allowed to modify the scooter in any way. Any such actions will be considered as vandalism, and you as a registered user will be held responsible for all costs associated with returning the scooter to its original condition and operation. This also reflects the underlying sections 4. and 5. of this document.

The rental period for the electric scooter starts when the registered user has confirmed the rental in the application. The rental price runs from the time the rent is confirmed and the scooter is unlocked. A registered user confirmation is binding but can be terminated at any time. Accrued costs for start-up and use must be covered.

The rental period ends when the user has placed the electric scooter within the legal geographical area, deactivated the scooter in the FLYT application and received confirmation from the application. The rental period runs until there is confirmation from the FLYT application that the rental period has ended.

The electric scooter can be used in areas where electric scooter traffic is allowed and suitable during the rental period, but the lease must be terminated within a specified geographical area (geofencing). The geographical area is specified in the FLYT application, and FLYT Solutions AS reserves the right to change these limits. FLYT Solutions AS can also reduce the speed of the bicycle, or when it is held, in different urban / area or arrangements. See also section 7. The scooter can only be used on suitable surfaces. For example, it is not allowed to use the scooter on grass, soil or similar surfaces.

The electric scooter must be provided in a considerate and justifiable manner upon return. The registered user must also place the scooter in accordance with the local authorities' rules for scooters at all times. The user is responsible for any costs associated with illegal parking.

Parking requirements include, but are not limited to, the following: On sidewalks there must be at least 2.5m of space to past the bike. If it is an area with many pedestrians, this distance is indicative, and common sense must be exercised. Scooters must not be placed in the way of ordinary traffic for pedestrians, cyclists, cars or public transport, including front entrances, along the main arteries at public transport stations, on the public transport platforms and other unsuitable places. They should not be placed in front of emergency exits or areas that can prevent emergency vehicles and emergency personnel. Scooters should not be placed in planted beds. Scooters should not be placed in forrest and recreation areas, on beaches, dumped in the sea, rivers, wetlands etc. The kick bikes cannot be set closer to the quay or rivers than 5 meters. Scooters should not be taken into buildings or put on other means of transport, including public transport.

When parking, the scooter support must be used and the scooter should not be parked by leaning against buildings or other objects.

The parking must be carried out in such a way that the scooter is immediately accessible to all other registered users. Unless the scooter is activated, it is not allowed to lock the bike, hide it, or otherwise make it unavailable to other registered users or FLYT Solutions AS service personnel. The scooter must also not be placed on private property or in enclosed courtyards.

The registered user understands that he / she is responsible for the costs associated with parking in violation of these terms or the rules of public law. Furthermore, a registered user understands that he or she must cover costs associated with finding and driving bicycles that are parked out of reach of other registered users and / or FLYT Solutions AS. This also applies if the scooter is removed due to illegal parking.

Before leaving the electric scooter, make sure the scooter is deactivated, locked and logged off.

 

  1. Acceptance of risk

As a registered user of FLYT Solutions AS's scooters, you are at all times responsible for its use and any damage it may cause to you or others.

Registered users accept that electric scooters may have faults, even if they are well maintained, and that such faults can cause damage to things or persons. You accept that using an electric scooter involves a risk of danger, injury or death to yourself or others, as well as damage to things, buildings and other objects. Furthermore, the user accepts that FLYT Solutions AS is under no circumstances liable for such damage. This also applies to damage resulting from the negligence of FLYT Solutions AS, FLYT Solutions AS's employees or subcontractors, unless otherwise provided by preceptorian legislation.

The registered user is personally liable for any damage that this person inflict on others in accordance with general tort law. However, damage to FLYT Solutions AS's scooters or other property is the user objectively responsible for during the rental period or as a result of incorrect parking / provision of the scooter.

 

  1. Liability for Damage

By using FLYT Solutions AS's scooters you agree that it is your duty to return the scooter in the same condition as when you started the rental period. The user is not responsible for normal wear and tear.

Enhver skade eller sykdom som følge av bruk i leieperioden er registrert bruker sitt ansvar. Dette gjelder også ansvar og skade som følge av at sparkesykkelen blir stjålet i registrert brukers leieperiode.

  1. Accidents, theft and lost scooter

A registered user who is involved in an accident, collision, injury, personal injury or who experiences the scooter being stolen or lost, is obliged to contact the police immediately (02800 or emergency-112).

Furthermore, you are obliged to contact FLYT Solutions AS's customer service immediately and report the incident.

  1. Availability

As a registered user of FLYT Solutions AS electric scooters, you accept that scooters are not available at any time. FLYT Solutions AS does not guarantee that scooters are available, and as a registered user you also accept that the scooters can be taken out of service for shorter and longer periods due to inclement weather, maintenance, events, season (time of year) or other conditions. FLYT Solutions AS can also at different events and geographical areas reduce the speed of the scooter in the given area or event. FLYT Solutions AS is not responsible for any loss, directly or indirectly due to lack of availability.

To use the service, a registered user must be connected to the application service via the Internet. FLYT Solutions AS is not responsible for the quality and availability of the internet. Registered users are aware that the coverage area may vary and that no guarantee is given that the application is accessible, secure or error-free at all times. Also, there is no guarantee that minor bugs in the application or service will be fixed or under maintenance.

In the event that the FLYT application does not register deactivation and termination of the rental period, the user is obliged to contact FLYT Solutions AS's customer service immediately. If this is not done, the registered user will be liable for any damage, theft or other financial loss incurred as long as the scooter is registered on it.

You also accept that FLYT Solutions AS can disable the electric scooter at any time.

  1. Battery capacity and performance

As a registered user of FLYT Solutions AS's services, you understand that the capacity and performance of the electric scooters depends on the battery level of the scooter. Battery capacity decreases with use, so performance may vary depending on battery level. Registered users accept that the scooter will be able to stop completely due to low battery. The battery level depends on usage, weather conditions, temperature conditions, road conditions, terrain, usage patterns and the user himself.

There is no guarantee of a minimum battery level on a scooter ready for hire, and as a registered user you accept that the battery level will vary. FLYT Solutions AS is not responsible for any damage or loss caused by the battery in the scooter running out.

Before renting an electric scooter, you are required to check the battery level before using the scooter.

  

  1. Payment, right of withdrawal and termination

 

  1. Price:

The price for renting an electric scooter from FLYT Solutions AS is always available in the FLYT application and on www.FLYT.bike. The price includes taxes and fees. FLYT Solutions AS reserves the right to change prices, pricing structures, promotions and the like. FLYT Solutions AS also reserves the right to claim payment for costs associated with breach of these terms, including administration fees.

Payment is made by renting the electric scooter which can also be described as "Pay as you Go". This via a starting price and a minute price when used.

Payment is made by the means of payment that appear at any time in the FLYT application and what the user has set as payment solution.

The user accepts that FLYT Solutions AS holds a given amount from the user's registered payment card before starting a ride, this is to prevent any fradulent transactions with invalid cards or cards without sufficient funds. This amount is pr April 1st 2021 set to NOK 100. The amount can be adjusted up or down without further notice, but never exceed NOK 200,-. When ride is ended, the amount not driven for, is refunded to the user. The user accepts that this refund process may take up to 48 hours.

In the event that a registered user has outstanding payments, FLYT Solutions AS reserves the right to deactivate the user until the outstanding payment has been settled. If payment is not made voluntarily, FLYT Solutions AS will in all cases have the right to recover the amount owed using the payment method selected in the user's user account. If this is not possible, FLYT Solutions AS reserves the right to initiate forced recovery in accordance with general money claims law or transfer the claim to a debt collection company and in accordance with the debt collection law. Additional costs arising from compulsory recovery, the registered user will be held liable to the extent permitted by the applicable regulations.

  1. Termination

Registered users can terminate the rental with FLYT Solutions AS at any time via the FLYT application.

 

  1. Choice of law and venue

FLYT Solutions AS's policies and terms are governed by Norwegian law. FLYT Solutions AS will always seek to find an amicable solution to a lawful claim, but in the absence of agreement, Norwegian ordinary courts shall have exclusive jurisdiction. Disputes related to these terms or agreement and use of FLYT Solutions AS's services are agreed to have jurisdiction at Nordmøre District Court.

 

  1. Final provisions

By using FLYT Solutions AS's services, you confirm and agree to the terms set out here and that an agreement has been entered into between you and FLYT Solutions AS. FLYT Solutions AS may change the terms at any time without notifying the registered user in advance. Updated terms will always be found in the application. New confirmation of read terms will appear in the application.

Violation of these terms and conditions may result in temporary or permanent deactivation of user account, exclusion and police notification. This also applies to any abuse that is clearly contrary to the purpose and common use of FLYT Solutions AS's services.

In the case of multiple versions of these Terms, the last dated Terms shall prevail. If the agreement exists in several languages, the Norwegian text shall prevail in case of any conflict.