Term of Insurance waiver product is here

Fact Sheet of Insurance waiver product is here

By signing the Agreement and accepting these General Terms and Conditions, the Customer enter into an agreement with Aimo where it agrees to be bound by these General Terms and Conditions, together with Aimo’s Privacy Notice and any customer instructions established by Aimo from time to time.

1. Definitions

“Agreement” means the Master Agreement signed by the Customer when registering with Aimo and all appendixes including these GT&Cs

“Aimo” means Aimo Solution AB, org.nr: 559148-0941, Förmansvägen 11, 117 43 Stockholm

“Aimo App” means the application available for download in either Google Play or AppStore published by Aimo for the Service

“Car” means the car available to rent through the Service and/or delivered by Aimo according to the Order

“Customer” means the contractual counterpart to Aimo in the Master Agreement

“GT&Cs” means these General Terms and Conditions

“Monthly Fee” means the fee to rent the Car agreed between Aimo and the Customer in the Order 

“Order” means any individual order signed by the Customer when subscribing to a Car specifying the Monthly Fee, Rental Period, and other specific information related to the Order

“Price List” means the price list on Aimo’s webpage and/or attached to the Master Agreement giving details of the different prices charged to the Customer. The full Price List can always be found on Aimo’s website.

“Rental Period” means the period from when the Car is available for pick up according to the Order until it is returned to Aimo

“Service” means Aimo’s subscription solution as defined in the Master Agreement

“User” means a natural person connected to the Customer (or the Customer if the Customer is a natural person) for which the Customer is responsible

“User’s Account” means a personalized account for the User to use the Service

1. Fundamental provisions for use of the Service

The Customer must be solvent and have the ability to pay for the Service. The Customer agrees that Aimo may check the Customer’s financial status by means of a credit report at any time. If a credit report is obtained, the Customer will receive information about this by letter or e-mail. If the Customer has a record of non-payment, or Aimo otherwise has reasonable reason to believe that the Customer does not have the ability to pay for the Service, Aimo is entitled to suspend or restrict access to the Service.

Any User must be at least 18 years old and have a driver’s license that is valid in Sweden (which will be checked against the driver’s license register) to gain access to the Car.

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

The Customer is responsible for a User when the User is using the Service. It is the responsibility of the Customer that the User has a valid driver’s license, and should a User be found driving without a driving license the Customer will be held fully liable for all damage suffered by Aimo.

1. Customer relationship

It is the responsibility of the Customer that the Customer provides Aimo with the necessary information of the User to set up the Service, including but not limited to the User’s name and e-mail address. The User will be required to register an Aimo account to start the Service. After registration, the User will have a personalized account to use the Service.

The User’s Account is personal, which means that it is (i) strictly prohibited to let others use the User’s Account; and (ii) any and all misuse of the User’s Account will be the sole responsibility of the Customer. In case of unauthorized use of the User’s Account, the Customer must report it to Aimo’s customer service immediately by telephone and the Customer is liable for a fee according to the Price List and any consequential loss suffered by Aimo.

1. Treatment and use of the Car

General obligations

The Customer must treat the Car with care and prudence and in accordance with the manual, the driver’s handbook, the car documents, the manufacturer’s specifications, and Aimo’s instructions. The Customer must ensure that the Car is roadworthy before using the Car, such as visually examining the tyres. Before parking the Car, the Customer must secure it against theft (the windows, roof and doors must be closed and the Car locked). When driving on public roads the Customer must comply with the road and traffic regulations.

If the Car’s display indicates that maintenance service is required or if the tyres need to be changed, the Customer shall immediately contact Aimo for further instructions.

If the Car needs to undergo service inspection during the Rental Period, it is the Customer’s responsibility to transport the Car to a supplier appointed by Aimo. Time slots can be booked on Aimo’s website or by contacting Aimo’s support. Aimo will pay the costs for mandatory service inspection provided by a supplier appointed by Aimo.

Prohibited use

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

Accessories

The Car may come equipped with accessories which will be listed in the delivery acceptance receipt. The Customer must ensure that the accessories are handled with care and stored safely in the Car. Any costs associated with missing or damaged accessories shall be paid by the Customer.

1. Vehicle delivery

Aimo will notify the Customer when the Car is available for delivery. At delivery the Parties will conduct a damage inspection, and the Customer will sign a delivery acceptance receipt and thus approve of the condition of the Car and the included accessories. By notifying the Customer that the Car is available for delivery, Aimo confirms the subscription in accordance with the Order and the Agreement, and the Rental Period starts. The User needs to present a valid driver’s license in relation to picking up the Car.

1. Term

Each Order will detail the individual term of the Rental Period, and the term is binding from the time that the Customer makes the Order. The term will start on the date the Car is available for pick up by the Customer. The minimum Rental Period is 60 days. The subscription may be terminated with 30 days prior written notice before the end of the Rental Period. In the event the Order is not terminated within the notice period, the Rental Period is automatically extended by 30 days. The 30-day notice period applies to all Rental Periods no matter the term of the Rental Period.

To give the Customer flexibility, the Customer has the right to change the car model one time per quarter. When changing car model, the Customer will receive a new order sheet with relevant information regarding the new car model. When changing car model, the minimum Rental Period from the date of the change will be 60 days. If the term of the Rental Period is shorter than 60 days, the Rental Period will be extended to 60 days from the date of the change. If the Rental Period is longer than 60 days, the Rental Period is not changed.

1. Specific Orders

When the Customer makes an Order, the Parties enter into a contractual relationship in accordance with the Agreement and the GT&Cs.

Aimo will make its best efforts to provide the Customer with the specific car model according to the Order. Before Aimo has notified the Customer that the Car is available for delivery, Aimo cannot guarantee that the specific car model is available. If the specific car model is not available, Aimo shall promptly inform the Customer and Aimo has the right to offer another car model in the same price segment temporarily, or the Customer can choose to wait until the car model is available.

1. End of rental period and return of the Car

Prior to the end of the Rental Period, Aimo will contact the Customer to arrange the return of the Car on a place and time instructed by Aimo. Upon return, Aimo and the Customer will inspect the Car based on the signed delivery acceptance receipt. Should there be any deviations between the current state of the Car and the condition according to the delivery acceptance receipt (besides normal wear and tear), the Customer will be liable to pay for the repair.

Clean, secure and undamaged return of the Car

A proper return of the Car particularly requires the following: A) The interior of the Car is in a clean condition. If the Car is returned in a dirty condition (particularly vomit) or if there is any rubbish of any kind in the Car, the Customer must bear the cleaning costs in accordance with the Price List. If the actual expense is greater, said costs will be charged to the Customer. B) If the Car is returned without an Aimo representative present, the Car must be properly secured against theft. In particular the doors, windows and sunroof (if applicable) must be closed and the Car locked, and the steering-column lock must be set. C) The Car must be returned with all of the documentation provided with the Car. D) None of the Car’s equipment and accessories may be missing (including the charging cable).

If the Car is an electric car, the Car shall be returned with a minimum of 50 % battery charge. If the Car is returned with a battery charge below 50 % a penalty fee shall apply according to the Price list.

If the Car is a plug-in hybrid electric car, the Car shall be returned with a minimum of 50 % battery charge and [amount of diesel or gasoline]. If the Car is returned with a lower battery charge or fuel level, the Customer will be charged a penalty fee according to the Price list.

Termination of the rental by Aimo

Aimo is entitled to end an ongoing rental immediately if the Customer in any way fails to meet the obligations under these GT&Cs or any other agreement between Aimo and the Customer, particularly if the Car is used in breach of any provisions set forth herein or otherwise without due care, if the Customer have left false information in order to deceive Aimo or its partners, or if the Customer does not return the Car in time.

The aforementioned does not apply if the Customer is in arrears with any payment obligations. In such case, Aimo is entitled to end an ongoing rental immediately if the Customer is in arrears with any payment obligations and does not pay within (7) days after Aimo has reminded the Customer.

Upon termination, Aimo is entitled to take any necessary measures in order to regain possession of the Car and the Customer is obliged to indemnify Aimo from any costs arising thereof. Aimo may contact the police, customs or any other authority that acts in Aimo’s interest and has the right to seize and detain the Car.

If the Agreement is terminated by Aimo, the Customer is obliged to pay compensation due to breach of contract corresponding to 50 % of the remaining Monthly Fees according to the Order. Such compensation is due immediately.

1. Charges and terms of payment

The Customer shall pay the Monthly Fee and any other additional fees each month in arrears or in advance, as specified in the respective Order. Invoicing will be conducted via email. The payment term is 30 days unless otherwise agreed. In case of late payment, statutory default interest will be charged according to the Swedish Interest Act (1975:635).

If the Customer is delayed with payment or if Aimo has reason to believe that the Customer’s financial status has deteriorated, Aimo has the right to change the payment terms to advance payment.

Aimo may charge the Customer for any congestion tax, road tolls and bridge tolls not included in the Service.

For each month of the Renal Period a certain amount of driven km is included in the Monthly Fee. If the Car is driven more than the included km, the Customer will be charged a fee per driven km according to the Order.

In case of non-payment of the Monthly Fee or any other applicable fee in accordance with this Agreement, the Customer shall be responsible for paying all outstanding amounts including any collection costs that may arise because of non-payment.

Should the Customer fail to pay after a late payment reminder, Aimo is entitled to charge additional fees for debt collection, and Aimo reserves the right to hand the matter over to debt collection with additional fees according to law.

If the Customer returns the Car before the end of the Rental Period, the Customer is obliged to pay 50 % of the remaining Monthly fees according to the Order. For the sake of order, it is noted that the Customer is still obliged to pay the full Monthly fee during the notice period.

1. Aimo’s liability

Apart from the breach of material contractual obligations, Aimo shall be liable towards the Customer only in cases of intent or gross negligence on the part of its statutory representatives and vicarious agents. Material contractual obligations are obligations, which enable Aimo to properly perform the rental agreement in the first place, and compliance with which the Customer generally relies and may generally rely on. Any strict liability on the part of Aimo for any initial defects in the quality of the Car (Sw. produktionsfel) is excluded.

Aimo is not liable for failure to perform any obligation to the extent the failure is beyond Aimo’s reasonable control, such as natural disasters, epidemics, war, government restrictions, strikes, embargos, provided that Aimo’s failure to perform does not depend on Aimo and the failure could have been avoided by reasonable measures.

1. The Customer’s Liability

General liability and insurance protection

If the Car, its accessories, or individual parts are damaged or lost, the Customer shall be liable according to law and with these GT&Cs. The Customer’s liability also extends to ancillary related expenses such as, for example, towing costs, depreciation, loss of no-claims insurance premium discount and loss of rental income.

The Car is covered by a third-party liability insurance and a comprehensive insurance exists for all Cars with the usual extent of cover. The insurance does not cover damage that is caused by handling or operating the Car improperly or negligently, for example by ignoring warning lights or driving under the influence of alcohol or drugs or without a valid driver’s license.

Unless otherwise provided in these GT&Cs, the General Terms and Conditions for Aimo’s insurance provider, which is provided to the Customer upon request, shall apply.

The Customer is responsible for the cost of the excess of any damage occurring to the Car during the Rental Period. If the insurance provider considers the Customer and/or the User to be guilty of negligence or contributory negligence for damage caused to a counterparty or counterparty’s property, the Customer, in addition to the damage excess, will also be charged for the traffic insurance excess for the counterparty’s damage. The current rates of excess are detailed in the Price List, Order Sheet and/or on Aimo’s website. Aimo will also charge a fee for administration of the insurance and the repair of the damage. For the sake of order, it is noted that if there are separate damage claims according to the insurance provider, the Customer will be charged excess for each damage claim.

If the Customer is a consumer the Customer shall not be liable for damages to the Car if the Customer can show that the damage was not caused by the Customer.

At the beginning of the Rental Period, the Customer can choose to purchase an additional insurance (insurance waiver) reducing the excess in case of damage. The Customer can also choose to purchase elimination of insurance excess.

Gross negligence or intent

If the Customer and/or the User, intentionally or with gross negligence, causes damage to the Car and if the insurance provider will not cover the damage, the Customer’s liability is not limited to the excess/deductible. This also applies if the Customer and/or someone else is driving without a valid driver’s license or under the influence of drugs or alcohol.

Obligation to indemnify Aimo

If Aimo’s insurance provider finds that the insurance will not cover an accident or damage to the Car, the Customer shall indemnify Aimo from any loss as well as any claims by third parties.

Liability when in breach of Law; compensation for administrative costs

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

Duties in the case of accidents, damage, theft, wreckage, and other destruction of the Car

Any accident, damage, theft, wreckage and other destruction of the Car must be reported to Aimo customer service immediately via telephone or by filing a damage report on Aimo’s website. The Customer is under a duty to ensure that all necessary measures are taken to mitigate the damage and to preserve evidence. For this purpose, the Customer must report any damage to the police and advise the police/fire service that an electric car is involved in the accident. The Customer and/or the User may not leave the scene of the accident until the police have completed drawing up their record and the Car has been handed over to a towing company.

Obligation to return the Car and to forward the police report

If the Customer and/or the User has caused an accident, and the Car is no longer operational or roadworthy the Customer must pay for all the costs incurred in returning the Car. If the Car is no longer operational or roadworthy because of the accident, the Customer is still obliged to pay the Monthly Fee, and the Car will be returned to the Customer when it has been repaired. Furthermore, the Customer is under a duty to immediately forward any written accident report to Aimo and to provide Aimo with the police file number.

Admitting liability, damage or fault

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

Damage report

Upon request by Aimo the Customer must complete a damage report form provided by Aimo and must return it to Aimo signed within 7 days. Furthermore, the Customer and/or the User must be available to participate in any follow-up meetings and provide additional information to the insurance company when needed. If the insurance company does not settle the claim because the form is returned belatedly or because the Customer and/or the User did not participate enough in the damage handling process Aimo reserves the right to charge all the costs caused by the accident to the Customer.

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

Aimo shall be solely entitled to choose the repair garage.

Aimo shall be solely entitled to any compensation payments in connection with damage to any of Aimo’s Cars. If the Customer has received any such payments from third parties, it must forward the payment to Aimo without being asked and without undue delay.

1. Property rights

The Car, including all accessories, is and shall remain the property of Aimo. Nothing in the Agreement and this GT&Cs shall constitute a transfer of ownership, or any other rights that is not expressively stated in the Agreement.

1. Amendments to the GT&Cs

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

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

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

Customer’s acceptance of our Privacy Notice is deemed to occur upon signing the Agreement and acceptance of these GT&Cs. If the Customer does not want personal data to be used as set out in the Privacy Notice, the Customer should not register with Aimo or use our services.

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

1. Complaints and notice

If a Customer considers that Aimo has not fulfilled its obligations under these GT&Cs or the Agreement, the Customer shall notify Aimo within reasonable time (seven days if not regulated otherwise by mandatory law) after the Customer noticed or should have noticed the circumstance (a complaint). In order to simplify the process, Aimo recommends that the complaint is sent by email. It is of course also possible to contact Aimo by letter or by phone. Aimo’s contact details can be found in the last section of these GT&Cs.

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

1. General provisions

Applicable Law

The Agreement and these GT&Cs shall be governed by Swedish law.

Disputes

Any disputes relating to the Agreement and these GT&Cs shall be tried by the general courts of Sweden with Stockholm’s District Court as first instance.

Alternative dispute resolution for consumer disputes

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

Partial invalidity

In the event that individual or several provisions of this Agreement are invalid or void, the validity of the remaining provisions of the contract shall remain unaffected thereby. Aimo and the Customer undertake to fill any corresponding gaps according to their purpose and the presumed will of the contract partners. In case of discrepancies between English and Swedish versions of the Agreement, the Swedish version shall prevail.

Contact details etc.

Aimo Solution AB

559148-0941

Förmansvägen 11

117 43, 112 51 STOCKHOLM

e-mail: hello@aimoshare.se Tel: +46 10 456 39 39

VAT number: SE559148094101

Registered head office: Stockholm

Data Protection Officer: privacy@aimosshare.se

https://www.aimosubscription.se/