Finland 

GENERAL TERMS AND CONDITIONS 

  • Introduction 
  • TIER Mobility Finland Oy (TIER) carries out the business of  renting out electric scooters (eScooters) and electric bikes  (eBikes) (collectively referred to as Vehicles) through its  application for web-enabled mobile phones (the TIER  App). The Vehicles can only be rented out to customers who  have registered via the TIER App.  
  • These are the terms and conditions (the Terms) by which TIER  provides its services to you. They govern the use of the TIER  App and the Vehicle rental contracts entered into using the  TIER App. 
  • Please read these terms carefully. They tell you how TIER will  provide its services to you, how to enter into or end the  contract, what to do if there is any problem and other important  information.  

 

  • Information about TIER and how to contact us 
  • TIER is a company incorporated in Finland and having its  registered office at Laivakatu 3, 00150 Helsinki 
  • You can contact us by telephoning TIER’s customer service  team on +358 9 425 50519.or by email to support@tier.app

 

  • These Terms 
  • These Terms govern the use of the TIER App and the Vehicle  rental contracts entered into using the TIER App.  
  • TIER reserves the right to amend these Terms to the extent  necessary as required by law or by technological changes or  for any other reason. TIER will inform you by email of any such  changes. Any changes will be considered approved unless you  have objected to them in writing within six weeks of being  notified of them by TIER. You will be notified of your right to  object to changes at the same time that you are notified about  the changes. 

 

  • Your agreement for use of the TIER App  
  • In order to be able to rent a TIER Vehicle, you must first  register as a TIER customer by creating a user account in the 

TIER App. Each customer may register only once. Only  customers who have properly registered may then use the  TIER Services. You have no automatic right to registration. 

  • When the registration process – during which you will be asked  to accept these Terms and to provide, in particular, your full  name, email address, personal mobile phone number and valid  payment details – has been completed successfully, you will  have entered into a contract with TIER for the use of the TIER  App (User Agreement). A copy of the User Agreement will be  sent to you by email. 
  • After that, you may rent Vehicles by concluding individual rental  contracts in accordance with these Terms. Please note that the  User Agreement itself will not give rise to any right, neither for  TIER, nor for you, to enter into a Vehicle rental contract.  
  • TIER is entitled to refuse to enter into a User Agreement or any  individual rental contract if it reasonably believes that individual  will not comply with these Terms. 

 

  • User account 
  • You must be the named holder of the bank account or credit  card whose details you provide to TIER. You are obliged to  keep up to date the personal data which you provide during the  registration process. This applies in particular to your email  address, personal mobile phone number and payment details. 
  • You may not permit any third parties to use a TIER Vehicle  which you have booked via your user account and may not  provide your login details for use by other persons. You must,  without delay: (a) change your password if there is reason to  believe that any other person has become aware of it; and (b)  notify TIER of this fact. 
  • In order to use the TIER App, you must have a web-enabled  mobile phone that meets the technical requirements of the  TIER App. Whenever the TIER App is downloaded, the user’s  mobile phone will automatically be checked as to whether it  meets those requirements. You are responsible for ensuring  that mobile data communications are possible and you shall  bear any charges made by your mobile service provider in  respect of any data transmission. 
  • You are prohibited from reading out, copying or manipulating  the TIER App via information technology methods. If you are found to have breached or attempted to breach this prohibition  TIER is entitled to withdraw your access to the TIER App with  immediate effect without prejudice to any other rights and  remedies it may have by law.  
  • You must inform TIER without delay of any loss or theft of the  mobile phone associated with your user account or of any other  circumstances which make it likely that your user account may  be used by third parties. In order to prevent misuse, TIER will  then disable access until the matter has been resolved and will  inform you via email of the fact that access has been disabled. 

 

  • Reserving a Vehicle and starting a ride 
  • The rental of eScoooters is subject to availability. The Vehicles  are available only within a defined territory in a particular area  (the Business Territory
  • You may only rent Vehicles which are designated as available  in the TIER App. You should note that occasionally an  inaccurate GPS signal may cause deviations between the  actual location of a Vehicle and the location shown in the TIER  App. 
  • A specific TIER Vehicle can be reserved free of charge for a  maximum of ten minutes before the start of the ride.  
  • By clicking “Start Ride” in the TIER App, you will make a  binding offer to rent the Vehicle you have reserved. TIER  accepts this offer by releasing the Vehicle for your use, creating  a rental contract for that ride.  
  • The rental period shall start when the individual rental  agreement is made and shall end when you end your ride in  accordance with paragraph 7, or once the maximum rental  period of 60 minutes has expired. 
  • You must notify TIER without undue delay of any defects or  damage to the Vehicle of which you become aware prior to  commencing or during your ride. You must not use a particular  Vehicle if any such defects or damage appear obviously likely  to impair traffic safety or the general functionality of the Vehicle. 
  • Similarly, you must notify TIER as soon as reasonably possible  of any other obvious defects or damage, such as worn tires or  damage to the mudguard. 
  • TIER may call you on the mobile phone number registered in 

your user account if it detects any significant disruptions in your  use of a Vehicle.  

  • Ending a ride 
  • When you want to end your ride, you must park the Vehicle  properly in accordance with paragraph 8 and then follow the  procedure in the TIER App to terminate the rental.  
  • You must inform yourself via the TIER App of the boundaries of  the Business Territory and the zones in which parking Vehicles  is prohibited. If you end your rental outside a Business  Territory you are responsible for the costs of transporting the  Vehicle back to within the Business Territory. 
  • You may terminate the rental via the TIER App only if the  Vehicle is located within the applicable Business Territory and  outside any zone in which parking Vehicles is prohibited. Note  that you cannot terminate a ride without an internet connection  so you may need to move the Vehicle to a different location  where an internet connection can be established.  
  • If you fail to end the rental via the TIER App after parking the  Vehicle, the rental transaction will automatically be terminated,  unless the Vehicle is subsequently moved or used, after 60  minutes have lapsed.  
  • If you are unable for technical reasons to terminate the rental  transaction using the TIER App you must notify TIER of this  fact without undue delay in order to coordinate further  procedures for the termination of the rental with TIER.  
  • Your obligation to pay the rental charge will end only when the  rental transaction is terminated, unless it was impossible for  you to terminate it for reasons beyond your control.  
  • When the rental transaction is terminated, the total rental  period and the total rental charge for that ride will be displayed  to you.  
  • Parking a Vehicle 
  • Vehicles must be properly parked in public areas where the  parking of Vehicles is not prohibited by local rules or  regulations.  
  • You must not park Vehicles in a way which endangers traffic  safety or the rights or legal interests of third parties. 
  • You must park the Vehicle using the kickstand with which the  Vehicle is equipped. 
  • In particular, Vehicles may not be parked:  
  • at a right angle to the roadway, at a right angle to the sidewalk, near  intersections or in a manner otherwise causing impediments to road traffic;  or  
  • at trees, traffic signs, traffic lights, parking meters, vending machines,  fences of third parties, benches, containers, waste bins, in front of or in the  vicinity of emergency exits and fire department buildings, in front of  entrances or exits, in zones in which no stopping is permitted, in access  roads leading to public transportation hubs, on bicycle paths, at orientation  aids for the blind, on pedestrian crossings, inside buildings, in interior  courtyards of buildings, at other vehicles, in parks and green spaces, in  places where the Vehicle would conceal advertisements or street furniture  or where the functioning of an installation would be impaired, in areas  reserved for loading and unloading purposes or in places reserved for other  users or services, or in areas where parking the TIER Vehicle would  impede space required by wheelchair users and people with disabilities. 
  • Vehicles must be parked in publicly accessible areas and not in  places that are difficult to access, including, in particular  (unless they are clearly designated as TIER parking spots): 
  • private premises or company grounds; 
  • interior courtyards; 
  • parking garages;  
  • customer parking bays, in particular in front of shopping centers,  supermarkets, restaurants, and bars;  
  • parking bays of universities and other public facilities; or 
  • interior spaces. 
  • Furthermore, Vehicles may not be parked in areas which are  subject to parking restrictions for certain days or times of day or  for specific vehicles. This also applies to parking prohibitions  that have already been notified by the local authorities but have  not yet come into force, for example, temporary parking  prohibitions applying at a future point in time due to events or  house movers affecting the site in question.  
  • You are obliged to provide information in good faith, if 

requested by TIER, about the exact location at which you  parked a Vehicle. 

  • Payment of the rental fee 
  • You are obliged to pay the rental fee for your use of a  Vehicle. Prior to your entering into a rental contract, the TIER  App will display the unlock fee for unlocking the Vehicle as well  the price per minute for using it (inclusive of applicable value  added tax). The total rental fee is payable when you end the  rental contract.  
  • You will not be charged for the rental fee if for reasons beyond  your control you were unable to use a Vehicle despite it being  designated as available in the TIER App. 
  • You will be charged for your use of Vehicles either on a per  minute basis (fractions of minutes being charged as full  minutes) or on the terms of a pre-paid package. For the  purchase of prepaid packages, the Terms and Conditions for  Prepaid Packages (available at https://www.tier.app/tcs-prepaid-packages-finland/) shall apply in addition to these  Terms. 
  • TIER works together with various payment service providers.  Payments are made according to the payment method selected  by you in the registration process. By entering into a rental  contract you confirm that you are entitled to authorize the  transfer of the specified account by direct debit. You are  responsible for ensuring that your selected means of payment  are sufficient to cover payment of the rental fees. If a payment  cannot be made due to lack of funds or for other reasons for  which you are responsible, TIER may charge you a fee for its  actual expenses incurred unless you can show that TIER did  not incur any expenses or incurred less. This is without  prejudice to any other legal rights and remedies available to  TIER. 
  • You may set any claims which you may have against TIER  against TIER’s claims against you only to the extent that such  counterclaims are undisputed or have been finally and  conclusively determined.  

 

  • Assignment 

TIER reserves the right to assign its claims under its agreement with you  to a third party, particularly for the purposes of debt collection. You will be 

notified in a timely manner about any such assignment. In the event of  any such assignment you will be required to render payment to discharge  your debts only to the assignee, but TIER will remain responsible under its  agreement with you for general customer enquiries, complaints, etc.  

  • Permission to drive  
  • You are only permitted to ride Vehicles if you have an active  user account with TIER. 
  • You must be at least 18 years of age or otherwise have  obtained consent from a guardian. 
  • You must be able to drive a Vehicle without endangering  pedestrian or vehicular traffic and in accordance with  applicable traffic rules and public-order regulations. You must  have experience or minimum basic skills in driving a motorized  vehicle and must be familiar with the operation and safe use of  motor vehicles.  
  • Your obligations  
  • You must treat Vehicles with due care and consideration,  observe the applicable traffic regulations, and not endanger  any third-party rights or legal interests through your use of  Vehicles. 
  • You must, in particular: 
  • observe the maximum load limit of 100 kg; 
  • wear a helmet if local rules and regulations make this compulsory; • not leave the TIER Vehicle unattended during the rental period; 
  • report any defects or damages, particularly if caused by force or by an  accident, to TIER without undue delay upon becoming aware of them; 
  • ensure, to the extent that you are reasonably able to do so, that the Vehicle  is used only in a condition that is safe to operate and safe for pedestrian  and vehicular traffic; 
  • observe the applicable road traffic regulations while driving a Vehicle. In the  case of eBikes, electrical assistance will cut off when the eBike reaches  15.5mph (the maximum speed); 
  • immediately stop the Vehicle whenever a warning light appears or an error  signal is indicated on the display located near the steering handles and 

contact TIER to find out whether the ride can safely be continued; and • park the Vehicle properly in accordance with paragraph 8. • You may not: 

  • ride a Vehicle under the influence of alcohol or drugs or medications that  could impair your ability to drive (a strict ban on alcohol applies - 0.0‰  blood alcohol reading); 
  • use a Vehicle for off-road driving, motor-sporting events or races of any  kind; 
  • use a Vehicle for vehicle trials, for driver training, for the commercial  transport of passengers or for commercial transportation (e.g. courier trips,  food deliveries); 
  • use a Vehicle to transport easily flammable, toxic or otherwise hazardous  materials, insofar as their volume exceeds normal household quantities;  
  • use a Vehicle to transport objects or materials which, by virtue of their  characteristics, dimensions, form or weight, could endanger riding safety or  damage the Vehicle; 
  • ride a Vehicle together with one or more other persons; 
  • use a Vehicle to commit criminal offences; or 
  • arbitrarily carry out repairs or conversions of any kind on a Vehicle or have  a third party do so. 
  • Out of respect for the environment, the general public, and your  fellow TIER customers, you shall endeavour to drive in a  manner that is orderly, ecologically friendly and not wasteful of  electricity. 

 

  • What to do in the case of accidents 
  • You must report any accidents involving a Vehicle to TIER  without undue delay.  
  • Following an accident, you must notify the police without undue  delay and ensure that the police officially record the  accident. If the police refuse to record the accident or if this is  impossible for some other reason, then you should notify TIER  of this fact without undue delay and coordinate with TIER on  how to proceed. This applies regardless of whether you  caused the accident yourself or whether it was caused by a third party. You may not leave the site of the accident until:  
  • the police have completed recording the accident (or, where the police  cannot record the accident, until you have notified TIER and complied with  TIER’s reasonable instructions); and 
  • any measures to secure evidence or mitigate damage that have been  arranged with TIER have been duly implemented. 
  • In case of an accident involving a Vehicle driven by you if you  assume or admit liability despite this prohibition, then it will  apply exclusively against you and neither TIER nor its insurers  will be bound by such admission or assumption. 
  • Regardless of whether you yourself caused the accident or  whether it was caused by a third party, TIER will provide you  with a form on which to report any injury and/or damage. This  form must be fully completed and returned to TIER within  seven days of being received by you, the time of the form’s  dispatch to TIER being conclusive in terms of meeting this  deadline. If the damage notification form is not sent back to  TIER prior to the deadline, this may mean that the insurer will  not process – and possibly not settle – the accident claim. If  the insurer refuses to settle the accident claim solely because  you missed the deadline for returning it, then TIER will assert  against you any claims made against TIER as a result.  
  • You are obliged to provide truthful information about an  accident, particularly where it occurred. 

 

  • Insurance  
  • TIER Vehicles are covered by third party liability insurance. 
  • You are prohibited from settling any damage covered by third  party liability insurance without obtaining TIER’s prior consent.  

 

  • TIER’s liability  
  • TIER is responsible to you for foreseeable loss and damage  caused by TIER. If TIER fails to comply with these Terms it is  responsible for the loss or damage which you suffer which is a  foreseeable result of that failure or of TIER failing to use  reasonable care and skill. Loss or damage is foreseeable if  either it is obvious that it will happen or if it was reasonably  foreseeable to both parties when the contract was made. 
  • TIER does not exclude or limit its liability to you where it would be unlawful to do so. This includes liability for death or personal  injury caused by TIER’s negligence or the negligence of TIER’s  employees, agents or subcontractors; for fraud or fraudulent  misrepresentation or for breach of your legal rights. 
  • TIER is not liable for business losses. TIER’s Vehicles are  provided only for private use. If you use TIER’s services for any  commercial or business purpose TIER will have no liability to  you for any loss of profit, loss of business, business  interruption, or loss of business opportunity. 

 

  • Your liability  
  • You will be liable to TIER for any damages for which you are  responsible. This particularly includes any theft, damage or  loss of a TIER Vehicle for which you are responsible. TIER is  entitled to be indemnified by you in respect of any legitimate  third-party claims (including legal costs) insofar as they are not  covered by your own personal insurance.  
  • You are liable for all violations of road traffic regulations, public  order regulations and other statutory provisions for which you  are responsible in connection with your use of a Vehicle. You  are liable for any resulting penalties, fees and costs and must  indemnify TIER in respect of any resulting third-party  claims. For the avoidance of doubt, you will not be liable if and  to the extent that any such penalties, fees, costs or claims  result from your use in accordance with these Terms of a  Vehicle which is defective. 
  • You will not be liable to the extent that an insurer compensates  the damage and no recourse is taken against TIER. 
  • No limitation of liability agreed between TIER and you in  respect of damages to a Vehicle will apply if you willfully  caused the damage. 

 

  • Temporary disabling of access to user accounts and exclusion from  use 
  • TIER may temporarily disable your access to your user account  if: 
  • data essential to contractual performance have been incorrectly provided in  the user account; 
  • you default on payments exceeding any negligible amount, despite having received notice of such default;  
  • other significant contractual breaches occur for which you are responsible;  or 
  • you lose the personal mobile phone that associated with your user account,  or if it is stolen from you, or it otherwise becomes possible for third parties  to make unauthorized use of your user account. 
  • TIER will unblock your user account without undue delay once  the reason for the suspension has been resolved.  
  • TIER may prevent your further use of Vehicles if you repeatedly  breach these Terms and if you have failed to react to a warning  letter before TIER takes such action.  

 

  • Term and termination of the User Agreement  
  • The User Agreement is concluded for an indefinite period and  may be terminated by either party to the agreement in writing  upon giving a notice period of two weeks prior to the end of any  calendar month.  
  • Either party may terminate for cause with immediate  effect. TIER shall be entitled to terminate the User Agreement  with immediate effect if:  
  • you repeatedly default in making payments owed to TIER, despite having  been notified by TIER of such defaults; 
  • you provide incorrect information or conceal factual circumstances during  the registration process or in the course of your contractual relationship  with TIER such that it would be unreasonable to expect TIER to continue  the contractual relationship; 
  • despite having been sent a warning letter before action, you fail to desist  from serious breaches of these Terms, or fail within a reasonably time to  correct any existing consequences of such breaches; 
  • you drive a Vehicle under the influence of alcohol or drugs; 
  • you disclose your login data for your TIER user account to another person;  or  
  • you attempt to read out, copy or manipulate the TIER App.


• Personal Data 

  • TIER will collect and process personal data relating to you insofar as such data are required to perform TIER’s rights and  obligations under the Use Agreement. When processing your  personal data, TIER will observe the applicable statutory  provisions, particularly those of the EU General Data Protection  Regulation (GDPR). 
  • For further details and information on the scope of the  collection, storage, and processing of personal data relating to  you, please refer to TIER’s Privacy Notice available here: https://www.tier.app/privacy-policy-finland/

 

  • Dispute Resolution 

Any dispute concerning the application or interpretation or application of  these general terms and conditions must be decided by a Finnish court in  accordance with Finnish law. The dispute may also be considered by the  Finnish Board of Consumer Disputes (Fi: kuluttajariitalautakunta), whose  decision is a recommendation to the Parties for how the dispute should be  resolved. 

  • Final provisions  
  • You may not assign to any third parties your rights or  obligations under the User Agreement without the prior consent  of TIER. TIER may transfer its rights and obligations under the  User Agreement to another company or legal person.  
  • If TIER does not insist immediately that you do anything which  you are obliged to do under these Terms, or if TIER delays in  taking steps against you in respect of any breach of these  Terms by you, it will not prevent TIER from taking steps against  you at a later date.  
  • If a court finds part of these Terms unlawful, the remainder will  be unaffected. Each of the paragraphs of these Terms operates  separately. If any court or relevant authority decides that any of  them are unlawful, the remaining paragraphs will remain in full  force and effect. 
  • The User Agreement is made between you and TIER. No other  person shall have any rights to enforce any of its terms.  

 

  • Customer service and complaints  

If you have any questions, comments, complaints, or if you wish to contact  TIER for any other reason, you may contact TIER via telephone, post or  email using the following contact details: 

TIER Mobility Finland Oy 

Laivakatu 3, 00150 Helsinki Telephone: +358 9 425 50519. Email: support@tier.app