Effective date: 9. August 2018

ALD AUTOMOTIVE – AXUS FINLAND OY

ALD YHTEISKÄYTTÖ PLUS LEASING TERMS AND CONDITIONS FOR PRIVATE PERSONS

Axus Finland Oy, Telephone +358 10 40 400, PO Box 194, Ohtolankatu 4, FI-01511 Vantaa, www.aldautomotive.fi

VAT Reg. No.

Bank account: IBAN FI78 1596 3000 0767 62, BIC NDEAFIHH

Business ID: 0643850-5, Domicile: Vantaa

Contents

  1. Description of the service and leasing package. 3
  2. The driver of the vehicle. 3
  3. Use of the vehicle. 3
  4. Operating costs. 4
  5. Maintenance and repairs to the vehicle. 4
  6. Vehicle inspections. 4
  7. Insurance. 4
  8. Damage and faults. 5
  9. Personal details and contact details. 5
  10. Distraint and precautionary measures. 5
  11. Payment term for the leasing charge, interest for late payment 6
  12. Order confirmation. 6
  13. Agreement period. 6
  14. Return of the vehicle at the end of the rental period, or when the period is cancelled. 6
  15. Right of transfer 7
  16. Faults in the service. 7
  17. Applicable law and settlement of disputes. 7

Axus Finland Oy – ALD Automotive (hereinafter “the Company”) is leasing a car for a fixed period to a private individual (hereinafter “the Lessee”) in accordance with these general terms and conditions.

  1. Description of the service and leasing package

The ALD Yhteiskäyttö Plus joint use service is a vehicle sharing service whereby another company has a long-term lease of a vehicle and designates private individuals, e.g. employees of that company, as the users of that vehicle. The vehicle can be used for working hours at the company’s expense, or for private use at the driver’s own expense. This agreement only applies to private use of leased vehicles. Driving for work purposes is subject to terms and conditions agreed between the Company and the company leasing the vehicle for long-term use that are separate from this agreement.

The ALD Yhteiskäyttö Plus car sharing service entitles the Lessee to use the vehicle in accordance with these general terms and conditions, and private use of the vehicle in line with the lease time and pricing agreed on in the mobile application. The leasing charge, length of the leasing period and agreed mileage are visible in the application before the reservation is made.  Vehicle reservations are made using a mobile application. The vehicle is started using the start button on the mobile application, and the doors are locked and unlocked using the application and/or an electronic key (i.e. a “keyless opening system”). A joint-use car can be reserved through the mobile application for private use during the times and weekdays shown in the application.  The service leasing service entitles the Lessee to use the vehicle in accordance with the agreement and these general terms and conditions. (However, the service offered by the Company is not a transport service or such like that would ensure that the Lessee arrives at their desired destination at the desired time regardless of any technical, traffic or other impediments that are outside the Company’s control).

The agreement enters into force at the moment it is signed, after which the Lessee can make vehicle reservations in the application. The Lessee undertakes to comply with these terms and conditions.  The Lessee’s obligation to pay and the lease term are determined by the duration and price of the reservation made in the mobile application. The liability for risk regarding the vehicle transfers to the Lessee at the beginning of the rental period, and ends with the return of the vehicle in accordance with section 14 of this document.

The Lessee understands that the Company is not responsible for the suitability of the vehicle for the Lessee’s purposes. By signing the agreement, the Lessee confirms that they have appropriately acquainted themselves with the information given regarding the vehicle. The Lessee undertakes to collect the vehicle for the rental period specified in the mobile application. The Lessee also undertakes to return the vehicle to the long-term leasing company at the time specified by that company, for example, on weekdays at 8 a.m. The Lessee’s contractual payment obligation and the leasing period stated in the agreement begin on the date that the vehicle is handed over to the Lessee.

  1. The driver of the vehicle

The Lessee must have a valid driver’s licence. The Lessee is responsible for the actions of any other drivers of the vehicle, and for ensuring that they have a valid driver’s licence. The Lessee is obliged to inform other drivers of the vehicle of the stipulations in this agreement. The Lessee may not transfer the responsibilities undertaken through this agreement to other persons.

  1. Use of the vehicle

The vehicle remains the property of the Company. The Lessee is obliged to take good care of their vehicle and to drive with due care and attention. The Lessee is not allowed to sell, rent, pledge or in any other way surrender the vehicle or any part of it to a third party.

The vehicle is not to be

  1. driven in such a manner that would depreciate its value faster than normal use
  2. used by learner drivers without, the Company’s permission
  3. used to tow a caravan, trailer or similar in a professional capacity
  4. used for participating in races etc.
  5. rented out
  6. used for professional purposes, except temporarily.

It is also forbidden to:

  1. use the vehicle under the influence of alcohol or narcotics, or of pharmaceuticals that affect the ability to drive
  2. return the vehicle dirty or leave any rubbish in it after use
  3. remove any vehicle parts or instruments
  4. carry out or order any repairs or modifications to the vehicle, unless stipulated otherwise in this agreement
  5. affix signs or advertisements to the vehicle
  6. make any changes to the vehicle’s paintwork
  7. smoke in the vehicle
  8. leave the front airbags inactivated when returning the vehicle.

The Lessee must remove any accessories not included in the agreement at their own expense before returning the vehicle at the end of the leasing period. The repair costs of any damage caused by the installation or removal of accessories must be paid by the Lessee.

  1. Operating costs

The lease includes

  1. the agreed mileage calculated for the entire rental period, excluding the kilometres used for private driving, which are charged separately to the private person using the vehicle in accordance with the agreement between the two companies
  2. fuel and windscreen washing fluid, and the means of payment used for paying for fuel and washing fluid for the leased vehicle at Neste filling stations.
  3. scheduled maintenance in accordance with the service manual
  4. technical repairs required due to normal wear and tear
  5. light bulbs and wiper blades (in connection with scheduled maintenance)
  6. addition of oil and coolant (in conjunction with scheduled service maintenance)
  7. summer and winter tyres, with wheels, as well as seasonal changing of tyres at a partner store (to be notified separately)
  8. first registration fees
  9. value-added tax
  10. inspection service, statutory vehicle inspection charges and exhaust gas measurement fees
  11. vehicle tax (basic tax and motive power tax)
  12. telematics unit and keyless locking system
  13. ALD Yhteiskäyttö mobile application
  14. Replacement vehicle (locality-specific). According to the replacement vehicle policy in the event of vehicle repair, for the duration of a repair period of more than two days, the Lessee will be provided with a Category A replacement car. The replacement car will be delivered to the Lessee from the ALD vehicle fleet, and may not necessarily be equipped with ALD’s Yhteiskäyttö technology (i.e. a telematic device and keyless locking system). If the vehicle is taken in for maintenance and repair, this does not entitle the Lessee to the use of a replacement vehicle for that time
  15. The third-party motor insurance and all-risk insurance offered by the Company
  16. services of recovery vehicles or transports

The lease does not include

  1. damage caused by collisions etc., personal injury and damage to property or damage that may be caused by the vehicle being at a standstill, irrespective of the reasons for the standstill, as well as any excesses not covered by insurance
  2. fines, parking tickets, etc.
  3. any additional taxes, insurance or charges that the authorities may set after the agreement has been made.

The Lessee undertakes to pay the costs outlined in q, r and s themselves. The Lessee understands that the exact amount of these costs is not contingent on the agreement, but on the choices and actions of the Lessee, and the Company cannot therefore foresee their total amount when making the agreement. The Company sends invoices anonymously, and purchases made through a means of payment other than that used to pay for fuel or windscreen washing fluid for the rented vehicle are invoiced to the Lessee.

Should the Company, for any reason, have to pay for anything that the Lessee is liable for, then the Lessee is obliged to reimburse the Company without delay when the Company so demands.

  1. Repairs to the vehicle

The Lessee is obliged to ensure that the vehicle is looked after so that it remains in good condition and complies with the applicable regulations.

Any damage caused to the vehicle must be reported to the Company immediately, either using the contact form in the mobile application or the email address provided by the Company.

  1. Vehicle inspections

The Lessee is responsible for scheduled vehicle inspections and system-specific checks as prescribed by law, and must also pay the inspection fees.

  1. Insurance

The vehicle is insured with ALD Täysvakuutus full insurance. The insurance always includes both motor liability and fully comprehensive insurance. Motor liability insurance covers property damage and personal injuries caused by the use of a vehicle in traffic in accordance with the provisions of the Motor Liability Insurance Act. Motor liability insurance follows the general motor liability insurance terms and conditions. The motor liability insurance is not tied to any bonus scheme and is vehicle-specific. No loyal customer, payment method or out-of-service discount will be granted on insurance premiums.

Fully comprehensive insurance includes collision, elk damage, fire, theft, vandalism and damage to the windscreen and windows. It also includes vehicle rescue (towing to the nearest garage authorised by the carmaker after a traffic accident or engine fault) and legal expenditure cover, as well as an expanded replacement value benefit. The excess of the fully comprehensive insurance is two hundred and fifty euros (EUR 250), and no bonus scheme applies to it.

The beneficiary of the ALD full insurance policy is the Company. The insurance is valid with certain exceptions in the European Economic Area (EEA) and in Green Card member countries outside the EEA. A Green Card is an international certificate that is proof of valid motor liability insurance, and must always be carried in the vehicle when abroad. Notwithstanding the above, legal expenditure cover is only valid in Finland, Sweden, Norway, Denmark and Iceland. Vandalism, car service and theft cover are not valid in Russia, Belarus, Ukraine or Moldova. Taking the vehicle to the above-mentioned countries requires written authorisation from the Company.

A more detailed description of the contents, terms and conditions as well as excess charges can be found on the Company’s website.

  1. Damage and faults

The Lessee must immediately provide the Company and the insurance company with details of any traffic accident or any other damage; this must be done using the form supplied by the insurance company or using the electronic damage report form. Repairs must not be started before a representative of the insurance company has carried out an inspection and given permission for invoicing. If the vehicle is so badly damaged that the insurance company redeems it, this agreement is thereby rescinded by force of the insurance company’s redemption decision.

The police must also be informed of any crime, traffic accident or injury to humans or animals that the vehicle may have been involved in. The police will be able to give further instructions on when repair work may commence. 

  1. Personal details and contact details

The Company may have the right and/or obligation to identify its Lessee in accordance with the Act on Detecting and Preventing Money Laundering and Terrorist Financing (503/2008) and/or other legislation.

The Company collects, stores, processes and transfers the Lessee’s personal details for purposes such as managing the users of the joint use vehicle, confirming the identity of a person as a party to the agreement, and for making reservations. The protection of the Lessee’s privacy is important to the Company and all the Lessee’s details are handled in compliance with the applicable data protection legislation. More information on the collection, processing and transfer of personal details can be found in the Company’s privacy policy, which can be found on the Company’s website at https://www.aldautomotive.fi/en/ald-automotive/company/privacy-policy.

You are also free at any time to object to the processing of your personal data, if the data is to be used for marketing purposes or for profiling for targeted advertising purposes. In some cases, you have the right to object to the processing of your personal data based on a legitimate interest of the Company.

The Lessee must immediately inform the Company of any changes to their contact details. The Company’s communication with the Lessee will be sent to the email/postal address provided by the Lessee when making the agreement, unless the Lessee has informed the Company of their new full address. The Lessee is liable for any extra expenses that the Company may have incurred as a result of the Lessee not informing the Company in the appropriate manner of changes to their contact details. The contact information provided to the mobile service is considered valid contact information.

  1. Distraint and precautionary measures

The vehicle is, in accordance with section 3 of these terms, the property of the Company. If the vehicle is subject to distraint, confiscation or an attempt at such, or if the vehicle is at risk of being sold in accordance with the act (688/1988) on an entrepreneur’s right to sell an item that has not been collected, the Lessee must inform the Company of the situation immediately. In the aforementioned cases, or if the Lessee applies for bankruptcy, is declared bankrupt, or if the Lessee applies for debt restructuring, then the Lessee must present the signed agreement or the confirmation of the agreement sent by the Company to their creditors or bailiffs as proof of the Company’s right of ownership of a vehicle.

  1. Payment term for the leasing charge, interest for late payment

and collection charges

The lease payment will be charged monthly in advance to the Lessee. The payment term is fourteen (14) days net. If the Lessee has not made the monthly payment by the due date, they are liable to pay interest on late payments from the due date onwards, and to reimburse the Company for any collection charges incurred. The interest rate for late payments is determined in accordance with section 4 of the Interest Act (633/1982) and is seven per cent (7%) higher than the Bank of Finland’s reference rate.

  1. Order confirmation

This agreement and all vehicle bookings are made online through the Company’s mobile application or third party (for example WHIM) mobile application.

If the service leasing agreement has been made online through the Company’s web store, the Company will send a confirmation email regarding the contents of the service leasing agreement to the Lessee, to the email address that they have given as soon as the online agreement has been handled and approved, and the agreement made online has been signed. The confirmation is deemed to have been received as soon as the Company has sent it to the Lessee. These terms and the signed agreement are also appended to the confirmation.

Reservations done through third party (for example WHIM) mobile application are confirmed inside the third party mobile application.

  1. Agreement period

The agreement is valid until further notice, and does not oblige the Lessee to reserve vehicles. The Lessee may terminate the agreement at any time by notifying the Company.

The Company may terminate the agreement, including all bookings made in accordance with it, with a notice period of 30 days.

In addition, the Company has the right to terminate the agreement, including all its provisions, effective immediately, and/or to prevent the Lessee from accessing ALD Yhteiskäyttö Plus and related vehicles, if any of the following occur:

  1. The Lessee violates their contractual obligations
  2. The Lessee has applied for private debt restructuring,
  3. The Lessee has been declared bankrupt or has in any other manner been declared incapable of meeting their contractual obligations,
  4. or the Lessee’s right to drive has been revoked or restricted (including voluntarily)

Regardless of the foregoing, this agreement (including all bookings) expires automatically upon termination of the agreement between the Company and the other party for use of the ALD Yhteiskäyttö Plus service.

  1. Return of the vehicle at the end of the rental period, or when the period is cancelled

The Lessee must return the vehicle, with all its accessories and fittings, in good condition to the parking space of the Company, i.e. to the drop-off point where the vehicle was handed over to the Lessee. The location of the drop-off point can be seen in the mobile application. The Company has the right to charge any costs for cleaning of the vehicle to the Lessee in accordance with the valid service price list. The Company, or another company that provides long-term leases on a vehicle, will not be held liable for any belongings that remain in the vehicle left at the time of return. If the vehicle is to be returned to a place other than the Company’s drop-off point, the Lessee and the Company will agree on this separately in writing before the vehicle is returned. If the vehicle is returned to somewhere other than the Company’s drop-off point, the Lessee must pay a transfer charge in accordance with the Company’s price list. [https://www.aldautomotive.fi/en/for-customers/tools-for-fleet-management/service-price-list]. The Lessee is responsible for their obligations under the terms of the agreement, and for any transfer charges that are incurred up until the time that the vehicle has been returned to the Company’s drop-off point.

The Lessee must take care to ensure that the vehicle windows and (if applicable) sliding roof/collapsible roof are properly closed, and that the doors are locked and the lights switched off. All documents and equipment that were in the vehicle at the time the vehicle was handed over to the Lessee must be in the vehicle on return. The Lessee affirms that they understand that a Company representative will not be on hand to check the condition of the vehicle. If the vehicle is not returned in accordance with section 14 of these terms, the Company may inform the police of the matter.

The Company will have the right to repossess, either by itself or assisted by a public authority, the car from its current location, if it has not been voluntarily returned. The Lessee is liable for any costs arising from the repossession of the vehicle.

  1. Right of transfer

The Company has the right to transfer or pledge this agreement, with all its associated rights and obligations to a third party, who will in turn have the right to transfer it onward. The Lessee must be informed in writing of the agreement being transferred. If the Company has transferred the agreement, the Lessee must start making their contractual payments to the transferee after receiving the notice of transfer. The Lessee is not permitted to transfer any of their contractual rights to a third party without the written approval of the Company.

  1. Faults in the service

The Lessee is aware of the fact that the vehicle is for shared use, and therefore the Company cannot provide for continuous maintenance or inspection of the vehicle. If the Lessee is not given the vehicle within a reasonable period of time, or if there is a fault in the vehicle that has prevented or interrupted its use or otherwise significantly affected the vehicle, the Lessee must inform the Company of this through the mobile application. The Lessee must also notify the Company providing the long-term lease of the vehicle.

Unless legislation dictates otherwise, the Company is not liable for direct or indirect losses caused by a provision of law, actions by public authorities, war, industrial action, boycott or embargo. Neither will the Company be liable for any direct or indirect damage caused by any circumstance outside of the Company’s control.

The Company reserves the right to cancel an order without thereby incurring any liability for compensation if the ordered product/service is no longer available (for example, because the vehicle has been in a crash or is being repaired). As soon as the Company receives information to that effect, the Lessee will be contacted immediately.

  1. Applicable law and settlement of disputes

The law of Finland applies to this agreement.

Any conflicts arising from the service leasing agreement or these terms and conditions will be resolved in Vantaa District Court. Any claims under consumer protection legislation that the Lessee may bring against the Company can also be investigated at the district court to whose jurisdiction the Lessee’s domicile or habitual residence belongs.

The Lessee may also have the case heard by the Consumer Disputes Board (www.kuluttajariita.fi) directly or through the European Commission’s online conflict resolution forum: http://ec.europa.eu/odr. The Company’s email address is needed in handling the matter: yhteiskayttopalvelu@aldautomotive.com Before presenting the case to the Consumer Disputes Board, it is advisable that the Lessee first contacts Consumer Advice at the Finnish Competition and Consumer Authority (www.kuluttajaneuvonta.fi).