Introduction

In Swedish 

1.1 Toyota Sweden AB, reg. no. 556041-0010 (the “Company”), Box 1103, 172 22 Sundbyberg, provides the car sharing services KINTO SHARE and KINTO FLEX (together referred to as “KINTO”). 

1.2 These general terms and conditions (the “General Terms and Conditions”) form part of the agreement (the “Agreement”) entered into between the Company and the specified user (the “User”) regarding the use of the Company’s car sharing service KINTO SHARE or KINTO FLEX as applicable through which the User may rent a Vehicle from the Company on the terms and conditions set forth in the Agreement (the “Service”). These General Terms and Conditions constitute an in-house translation from the Swedish language. Should there be any discrepancies between the English version and the Swedish version, the Swedish version shall prevail.

1.3 By ticking the “I agree” checkbox when registering for the Service, the User confirms that it has read and accepted these General Terms and Conditions and that the Agreement has been entered into.

1.4 Depending on the choices made by the User upon making a reservation on the Website or the App, the User is either using KINTO SHARE or KINTO FLEX when renting a vehicle. KINTO SHARE is the Company’s all-inclusive car mobility solution where the User receives access to a wide range of cars, available for pick-up 24/7. KINTO FLEX is a short term leasing alternative, where Users are able to lease a specific car during a period of 30-365 days. These General Terms and Conditions apply to both KINTO SHARE and KINTO FLEX unless otherwise stated herein.

2. Definitions

In these General Terms and Conditions, the following terms and expressions shall have the meanings set forth below. 

“Active Reservation” means 

for KINTO SHARE the period from when the User has started a reservation by unlocking the Vehicle via the App or the Company’s customer service until the User has returned the Vehicle to its KINTO Location or other location designated by the Company, locked the Vehicle and ended the reservation through the App or the Company’s customer service and 

for KINTO FLEX the period beginning as set out in the reservation and ending after the User’s cancellation in accordance with the Agreement at the end of which the User shall return the Vehicle and its keys to the KINTO Location where the Vehicle was picked up or other location designated by the Company. 

“Additional Fees” means the fees set forth in the Price List. 

“Agreement” shall have the meaning set forth in Section 1.2.

“App” means the mobile application KINTO Share SE provided by the Company for the Service, which is available for download from Google Play Store and Apple App Store.

“Company” shall have the meaning set forth in Section 1.1.

“Excess” means the share of the costs that the User is liable for in case of damage caused to the Vehicle or caused when driving the Vehicle.

“Fuel Card” means the payment card that the Vehicle is equipped with which the User shall use when paying for fuel for the Vehicle at the service station chain at which the Fuel Card is valid. 

“General Terms and Conditions” shall have the meaning set forth in Section 1.2. 

“KINTO Location” means a location at which the User shall pick up and leave the reserved Vehicle. A KINTO Location may have one or several parking spaces that belong to KINTO.

“Price List” means the price list that from time to time is applied by the Company for the use of the Service, including prices and Additional Fees. The currently applicable Price List is available on the Website and in the App.

“Reservation Period” means the period for which the User has reserved a Vehicle. 

“Service” shall have the meaning set forth in Section 1.2.

“User” shall have the meaning set forth in Section 1.2. 

“User’s Payment Card” means the debit card or credit card registered by the User for the use of the Service. 

“Vehicle” means a passenger car, which the User disposes by using the Service. 

“Website” means www.kinto-mobility.se.

3. Basic User Requirements 

3.1 In order to use the Service the User must register for a KINTO membership. 

3.2 The User must be 18 years of age or older and possess a valid driver’s licence of at least class B, or corresponding thereto, in order to use the Service. The Company has the right to, on one or several occasions, when considered appropriate by the Company, check the User’s driver’s licence against the applicable driver’s licence register as well as the register of Biluthyrarna Sverige. Upon request from the Company, the User shall present a valid driver’s licence when registering for use of the Service. The Company may store a photo or other information that evidences that the User is in possession of a valid driver’s licence. 

3.3 The User must have a valid Swedish “BankID” and be domiciled in Sweden in order to use the Service. The Company may allow use of the Service on a case-by-case basis also when the User does not have a valid BankID and/or is not domiciled in Sweden. The User must provide identification in accordance with the Company’s from time to time applicable instructions in order to gain access to the Service. 

3.4 Prior to registering for the Service and before each use of the Service, any restriction in the User’s right to drive motor vehicles must be reported to the Company without delay, for example that the driver’s license has been revoked, not renewed or is subject to any condition limiting the User’s right to drive the Vehicle. 

3.5 The User must carry a valid driver’s licence at all times when driving a Vehicle. 

3.6 The User understands and accepts that special conditions apply to driver’s licences issued outside the EU/EEA and is responsible for ensuring that such licence is valid in any country where the User drives the Vehicle. The User is responsible for controlling relevant regulations, for example by turning to the Swedish Transport Agency (Sw. Transportstyrelsen).

3.7 The User must, as assessed by the Company in its sole discretion, have the ability to pay. The Company may, at any time, check the User’s ability to pay by means of a credit report. 

3.8 The User may not disclose login details for the Service to any unauthorised person and shall store such login details in a way to prevent that unauthorised persons gain access to them. If the User suspects that any unauthorised person has gained access to the User’s login details, the User must immediately notify the Company thereof. If such notification has not been received, the User is responsible for all reservations made with the User’s login details. 

4. Vehicle Reservation

4.1 A KINTO SHARE Vehicle is reserved in the App or on the Website. A KINTO FLEX Vehicle is reserved on the Website. A reservation is valid when approved by the Company in the App or on the Website as applicable. 

4.2 The User may, depending on membership level, have several upcoming reservations at a time, however, reservations may not overlap (i.e. the User cannot have two reservations for the same moment in time).

4.3 The minimum Reservation Period is an hour for KINTO SHARE and 30 days for KINTO FLEX. 

4.4 In the event of a Vehicle breakdown during an Active Reservation due to traffic or vehicle damage which prevents continued travel, or if the Vehicle is stolen, the reservation ends when the User has contacted the Company and, in case of theft, after a police report has been filed.

4.5 The User may not transfer or let reservations to any other person (neither natural nor legal person). 

5. The Company’s Responsibilities 

5.1 Provision of a Vehicle 

 KINTO SHARE

5.1.1 For KINTO SHARE, the following applies regarding the Company’s provision of Vehicles, replacement Vehicles etc.

5.1.1.1 The Company provides a Vehicle after the User has made a reservation and has been approved by the Company in the App or on the Website. 

5.1.1.2 If a Vehicle is not available at the designated KINTO Location or is not useable at the start of the Reservation Period, the Company shall, to the extent possible, try to provide a replacement Vehicle. 

5.1.1.3 If a Vehicle breakdown occurs during an Active Reservation and the breakdown is directly or indirectly caused by the User, the Company shall primarily attempt to remedy the breakdown. If this is not possible, the reservation shall be considered to have ended. If the User so wishes, the Company shall try to provide a replacement vehicle for continuation of the journey, at the User’s expense. The User shall reimburse the Company for any costs incurred in connection with bringing back the defect Vehicle.

5.1.1.4 If a Vehicle breakdown occurs during an Active Reservation and the breakdown is directly or indirectly caused by the Company, the Company shall primarily attempt to remedy the defect and secondarily offer a replacement journey or replacement Vehicle, at the Company’s expense. If this is not possible, the Company shall offer suitable alternative transport to the destination or back to the KINTO Location.

5.1.1.5 If a Vehicle breakdown occurs during an Active Reservation and the breakdown is caused by a supplier outside the Company’s area of liability (including but not limited to suppliers of telecommunication services and fuel), the Company is under no obligation to provide a replacement Vehicle. 

5.1.1.6 If the Company provides the service “Roadside Assistance”, i.e. an insurance in order to receive assistance in the event of unexpected incidents while using the Vehicle, the Company is responsible for costs incurred in connection with the use of the service.

5.1.1.7 The User is under no obligation to procure insurance for the Vehicle during an Active Reservation via the Company. If the User has decided to use another insurance than the one provided by the Company, the User is aware that any assistance provided by the Company in order for the User to obtain insurance coverage or payment from the insurance company may be subject to separately agreed charges. Without such agreement, the Company is not required to provide such assistance.

KINTO FLEX

5.1.2 For KINTO FLEX, the following applies regarding the Company’s provision of Vehicles, replacement Vehicles etc.

5.1.2.1 The Company undertakes to ensure that the agreed Vehicle is available at the agreed KINTO Location at the start of the Reservation Period. The User shall pick up the Vehicle, together with keys and Fuel Card etc., at the agreed KINTO Location. The User is aware that the Active Reservation starts at the beginning of the Reservation Period notwithstanding if the Vehicle is picked up at the KINTO Location or not.

5.1.2.2 If a Vehicle of the agreed type is not available at the designated KINTO Location or is not useable at the start of the Reservation Period, the Company shall without additional costs for the User provide a replacement Vehicle which shall be of the same or higher price level as set out in the reservation.

5.1.2.3 If a Vehicle breakdown occurs during an Active Reservation and the breakdown is directly or indirectly caused by the User, the Company shall primarily attempt to remedy the breakdown. If this is not possible, the reservation shall be considered to have ended. If the User so wishes, the Company shall try to provide a replacement vehicle for continuation of the journey, at the User’s expense. The User shall reimburse the Company for any costs incurred in connection with bringing back the defect Vehicle.

5.1.2.4 If a Vehicle breakdown occurs during an Active Reservation and the breakdown is directly or indirectly caused by the Company, the Company shall primarily attempt to remedy the defect and secondarily offer a replacement Vehicle for the remainder of the Reservation Period, at the Company’s expense. 

5.1.2.5 If a Vehicle breakdown occurs during an Active Reservation and the breakdown is caused by a supplier outside the Company’s area of liability (including but not limited to suppliers of telecommunication services and fuel), the Company is under no obligation to provide a replacement Vehicle. 

5.1.2.6 If the Company provides the service “Roadside Assistance”, i.e. an insurance in order to receive assistance in the event of unexpected incidents while using the Vehicle, the Company is responsible for costs incurred in connection with the use of the service.

5.1.2.7 bThe User is under no obligation to procure insurance for the Vehicle during an Active Reservation via the Company. If the User has decided to use another insurance than the one provided by the Company, the User is aware that any assistance provided by the Company in order for the User to obtain insurance coverage or payment from the insurance company may be subject to separately agreed charges. Without such agreement, the Company is not required to provide such assistance.

5.2 Property Rights

The Vehicle, including any accessories, is and shall remain property of the Company.

5.3 Limitation of the Liability of the Company 

5.3.1 The Company does not warrant that a Vehicle will always be available throughout the Service. The Company reserves the right to replace a Vehicle with an equivalent model, for example during maintenance, reparation or in case of defects. The Company also reserves the right to close and/or relocate a KINTO location without prior notice.

5.3.2 The Company does not warrant that its ordinary service can be provided if a Vehicle is located outside of the borders of Sweden. If issues arise regarding the Vehicle when located abroad, the User shall always promptly contact the Company’s customer service to discuss a case-by-case solution to the problem. 

5.3.3 The Company does not warrant that its insurance applies if a Vehicle, in violation of the Agreement, is located outside the borders of Sweden, Norway, Denmark or Finland and/or the Vehicle is used by a person who is not authorised pursuant to this Agreement. If the insurance does not apply, the User is solely liable for all costs for any damage to the Vehicle which occurs in any above situation, which may exceed full Excess. 

5.3.4 If the User negligently causes damage making the Vehicle unusable in accordance with Section 6.4.11, the Company shall have no obligation to provide a replacement Vehicle, to transport the User home or to assist with the onward journey.

5.3.5 The Company’s liability under this Agreement shall be limited and shall in no event include any liability for indirect loss, such as for example loss of income due to Vehicle breakdown, another User’s late return of a Vehicle, damage to the Vehicle or any other circumstance beyond the Company’s control.

5.3.6 The Company is not liable for failure to perform any obligation under this Agreement during such period, and to the extent, that the failure is prevented by any circumstance beyond the Company’s reasonable control, such as natural disasters, epidemics, war, government restrictions, strikes, embargos or a mandatory recall of the car model in question, provided that the Company’s failure to perform does not depend on the Company itself and the failure could not have been avoided by reasonable precaution. 

6. The User’s Responsibilities 

6.1 Use of a Vehicle, etc. 

6.1.1 The User is responsible for the Vehicle during Active Reservation. The User shall handle the Vehicle with care and ensure that the Vehicle is kept in working order and lawful condition. 

6.1.2 The User shall drive the Vehicle with care and in compliance with relevant traffic regulations and any other applicable laws and regulations. 

6.1.3 The User shall abide by any user instruction issued by the Company at any time (including instructions provided in the App), as well as these General Terms and Conditions and any manufacturer’s manuals and specifications. 

6.1.4 If necessary, the User shall undertake measures to maintain correct oil level, coolant level, tire pressure, windshield washer fluid level, etc. The User must observe and comply with the Vehicle’s warning system and, if possible, immediately fix the problem or promptly report any such warning to the Company’s customer service. 

6.1.5 If the Vehicle is an electric car or a plug-in hybrid, the User is responsible for ensuring that the charging cable always accompanies the Vehicle when in use, that the cable is correctly connected upon return of the Vehicle and that charging commences.

6.2 Unauthorised Use 

6.2.1 The User may not use the Vehicle for anything but normal, on-road driving. Hence, the User may not, for example, use the Vehicle to tow, push or move another vehicle, nor use the Vehicle for speed tests, racing, etc. Further, it is not permitted to drive the Vehicle off-road or on skidpans or ice-covered water. 

6.2.2 The User may not drive the Vehicle carelessly or under the influence of alcohol, medication, narcotic drugs, and suchlike. 

6.2.3 The User may not use the Vehicle for transporting any flammable, toxic or otherwise hazardous goods, or any goods that, due to their form, size, weight or otherwise, may damage the interior or exterior of the Vehicle. 

6.2.4 The User may not use the Vehicle for committing or directly or indirectly supporting any criminal offense or other illegal activity. 

6.2.5 The User may not lend, let or transfer the Vehicle to any other person or company. 

6.2.6 The Vehicle must not be used professionally, such as for example taxi operations or ride-sharing, or for transports of persons or goods in exchange for compensation. The Vehicle may be used for driving practice, provided that the driving practice is carried out in accordance with applicable laws and regulations.  

6.2.7 The User must not let any other person drive the Vehicle, unless that person has successfully registered for the Service and has an active user account for the Service (and, hence, is bound by these General Terms and Conditions). The User is liable for controlling any such person’s driver’s licence and making sure that the Vehicle is used in accordance with these General Terms and Conditions. The User is also responsible for the payment for the reservation. 

6.2.8 Under no circumstances may the User disconnect the airbag in the passenger side of the Vehicle. Child seats may be installed in the back seat but never in the front seat. 

6.2.9 The User shall ensure that no one smokes, consumes alcoholic beverages or uses narcotic drugs or other illegal substance in the Vehicle. 

6.2.10 The User shall ensure that no animals are kept inside the Vehicle. 

6.2.11 The User may not leave the Vehicle unlocked without the User or any person in company with the User inside the Vehicle. 

6.2.12 If the Vehicle is an electric car or a plug-in hybrid, the charging cable may not be used for any other purpose than charging the Vehicle.

6.2.13 The User may not manipulate the odometer, telematics or any other Vehicle equipment.

6.2.14 The User may not bring the Vehicle outside the borders of Sweden, Norway, Denmark and Finland without the prior written consent of the Company.

6.2.15 The Company may inspect the Vehicle during an Active Reservation if it is reasonable to assume that the ownership of the Vehicle is in danger or that there is a significant risk of a reduction in the value of the Vehicle. The User is obliged to facilitate such inspection. 

6.2.16 If the Reservation Period exceeds 22 days, the User is responsible for ensuring that maintenance is carried out and noted in the service book. Further, if the Reservation Period exceeds 22 days, the User is also responsible to change tyres if required by law (e.g. from summer to winter tyres) If the Vehicle’s display indicates that maintenance is required, or if a change of tyres is required, the User shall contact the Company’s customer service for further instruction. The cost of such maintenance or tyre exchange shall be paid by the Company. 

6.3 Traffic and Parking Regulations etc. 

6.3.1 The User is responsible for any  fines, fees and any other penalties due to the User’s violation of traffic and parking regulations, may be incurred by the Company as the owner of the Vehicle, such as, for example, parking fines. 

6.3.2 If the User wishes to appeal against a parking fine issued on municipal land (Sw. parkeringsanmärkning) the User must first pay the fine and thereafter contact the Company’s customer service. If the User wishes to appeal against a parking fine issued on private land (Sw. kontrollavgift) the User must promptly contact the Company’s customer service. 

6.3.3 Upon request from the police authorities regarding liability for any violation of traffic or parking regulations or other laws and regulations, the Company may reveal the identity of the User who had reserved the Vehicle in question at the relevant time. 

6.3.4 The Company may charge the User for the cost of any congestion tax/charge, bridge toll, ferry charges, road toll and similar charges that are not included in the price for the Service. 

6.3.5 The User may not park its own or any other vehicle in a KINTO Location or other parking space intended for a Vehicle. If the parking restriction is violated, the Company may impose a parking fine upon the User. 

6.3.6 The User may park the Vehicle in a KINTO Location during Active Reservation if the Reservation Period is shorter than 22 days. If the Company’s KINTO Location are full when the User is returning the Vehicle, the User shall park the Vehicle in another parking spot nearby and immediately contact the Company’s customer service for further instructions. 

6.4 Damage to or Loss of Vehicle

6.4.1 The User is responsible for ensuring that the Vehicle does not become damaged or is lost during Active Reservation. 

6.4.2 Before leaving the Vehicle’s KINTO Location, the User must carefully inspect the Vehicle for damage, by comparing the damage log in the App with any damage to the Vehicle. For KINTO SHARE, the damage log is found in the App. For KINTO FLEX, the damage log will be shared upon the User picking the Vehicle up. If the Vehicle is damaged, and the damage is not noted in the damage log, the User must notify Company’s customer service immediately, before the Vehicle is used for departure. For KINTO SHARE, this may be done by sending a photo and description of the damage via the App. 

6.4.3 If a damage is not checked and/or new damage is not reported before departure, the unreported damage will be deemed to have occurred during the Reservation Period and the User will be liable for the damage unless the User can establish and show that the damage was not caused by the User’s negligence. 

6.4.4 When returning the Vehicle, the User shall once again carry out a damage inspection to check for any new damage that may have occurred during the Active Reservation. If the vehicle has a new damage, the User shall undertake the measures set out in Section 6.4.9. 

6.4.5 In the event of collision with certain animals, the User is obliged to immediately file a police report. This obligation includes collisions with moose, deer, stag, wild boar, bear, wolf, wolverine, lynx, otter, eagle, and mouflon sheep. 

6.4.6 In case of theft or break-in into the Vehicle, the User must immediately contact the Company’s customer service to report the theft or break-in and file a police report. 

6.4.7 The User is liable for any cost of Excess due to damage to the Vehicle, such as body or paint damage, punctures or stone damage, during Active Reservation if such damage is caused by the User’s negligence. The User shall not be liable for any damage caused by Vehicle defects or if the User can establish and show that the damage or the loss was not caused by the User’s negligence.

6.4.8 The User shall indemnify the Company for any third party claims resulting from damage, loss, injury or death caused by or in connection with the Vehicle or the use of the same, and which is not the direct result of gross negligence or intent on the Company’s part. 

6.4.9 In the event of damage on or inside the Vehicle or loss of its equipment, the User shall immediately contact the Company. In case of damage, the User shall also immediately fill out a damage report form and submit it to the Company. The damage report form is provided via the Company’s customer service. If the Company does not receive a damage report, the damage shall be appraised based on the information available to the Company, and the User may be charged for the Excess. 

6.4.10 If the insurance company considers the User to have caused or contributed to damage to a third party or a third party’s property, the User shall, in addition to any vehicle damage Excess, be charged for the traffic insurance Excess for the third party’s damage. 

6.4.11 If the User negligently causes damage that makes the Vehicle unusable, the reservation shall be considered to have ended immediately from the time of the collision/damage. The User shall, however, be charged for the entire original Reservation Period. 

6.4.12 The User is liable for any damage or loss of equipment to the Vehicle that occurs during Active Reservation. 

6.5 Returning and Fuelling the Vehicle 

6.5.1 The User shall return the Vehicle by the end of the Reservation Period at the latest. However, prior to the end of the Reservation Period, the User may at any time extend the reservation via the Company’s customer service, provided that the Vehicle in question is available for extension. 

6.5.2 The User may only refuel the Vehicle at the service station chain for which the Fuel Card is valid. If the Fuel Card’s pin code (for information on Fuel Card pin code, refer to the App) does not work for some reason, manual payment using the Fuel Card at the current service station is possible upon presentation of a valid identification document. For KINTO SHARE, fuel is included in the fees for the Service. For KINTO FLEX, fuel is not included in the fees. Instead, the User will pay for the fuel with the Fuel Card and the Company will invoice the User for such costs monthly in arrears.

6.5.3 The Fuel Card may not be used to pay for any other goods or services than fuel and products for the Vehicle, such as windshield washer fluid and engine oil. The Fuel Card may not be used for any other vehicle than the Vehicle. 

6.5.4 If a User using KINTO SHARE needs to use his/her own or her own funds to refuel or purchase products for the Vehicle, for example in countries outside of Sweden where the service station chain for which the Fuel Card is valid does not exist, the original receipt or a scanned original receipt should be sent to the Company no later than 10 days after the end of the reservation, and the User will be reimbursed for the actual expense. 

6.5.5 The User is obliged to refuel with the fuel indicated for the Vehicle on the fuel cap. Fuelling with other fuel than indicated fuel is absolutely forbidden and may cause severe damage or make the Vehicle unusable.

6.5.6 At the end of the Reservation Period, the User shall return the Vehicle to the KINTO Location where it was picked up or to other location designated by the Company. 

6.5.7 If the Vehicle is a petrol or diesel car, the User shall for KINTO SHARE ensure that the Vehicle is returned with the fuel tank at least half-full. For KINTO FLEX, the Vehicle’s fuel tank shall be full upon return. If the Vehicle is returned with the tank less than half-full for KINTO SHARE and less than full for KINTO FLEX, the User will be charged an Additional Fee. 

6.5.8 On return, the Vehicle must be left in the same condition as when it was collected, apart from any normal external soiling. The User shall remove any personal belongings or garbage from the Vehicle. 

6.5.9 The User must ensure that the Vehicle is locked when returning it at the end of the Reservation. If the Vehicle cannot be locked, the User shall immediately contact the Company for misreporting. 

6.5.10 The User is liable for any costs attributable to his/her errors and may be charged an amount amounting to full Excess. In addition thereto, the User will be charged for the cost of refuelling. 

7. Prices, fees and payment terms 

7.1 For KINTO SHARE, the following applies as regards prices etc.

7.1.1 The prices and fees for using the Service, as detailed in the Price List, consists of a fixed recurring membership fee and variable fee (for instance based on time and/or distance) per reservation. In addition, the User may be charged Additional Fees, for example due to late return, abnormally soiled Vehicle, unlocked Vehicle, insufficiently fuelled Vehicle etc., in accordance with Appendix 1 to the Price List as amended from time to time. 

7.1.2 The following is included in the price for the Service. 

(a) fuel,

(b) Excess reduction, and

(c) publicly charged congestion taxes, road tolls and bridge tolls in Sweden, provided, however, tolls for the Öresund Bridge are not included 

7.1.3 The Company may charge the User for any congestion tax, road tolls and bridge tolls not included in the price for the Service, for example such charges in other countries than Sweden, see Section 6.3.1. 

7.1.4 The applicable fixed membership fee shall be charged upon activation of the User’s membership and thereafter monthly in advance. 

7.1.5 Any fees not included in the fixed membership fee (such as the variable reservation fee) will be charged to the User’s Payment Card 30 minutes prior to the start of the Active Reservation. If the charging fails, another attempt will be made 20 minutes prior to the start of the Active Reservation. If the Company is still unable to charge the User’s Payment Card, the reservation will be cancelled.

7.1.6 Additional Fees (such as fees in case of late return, smoking in the Vehicle, parking fines and other Additional Fees set out in the Price List) and compensation for damage will be charged to the User’s Payment Card in arrears. The Company is entitled to such compensation if the claim is made within six months from the end of the reservation. 

7.1.7 Up until 30 minutes before the start of the Reservation Period, the User may cancel or shorten the reservation at no charge. If the User has not cancelled or shortened the reservation 30 minutes before the start of the Reservation Period, the reservation shall be charged in full. 

7.1.8 The User shall be charged the full fee for the Reservation Period even if the reservation is ended in advance and the Vehicle is returned accordance with Section 6.5.1. 

7.1.9 If the User is domiciled in Sweden and payment by credit or debit card is not possible, the Company may invoice the User by way of paper invoice to the User’s postal address. The payment terms of such invoice shall be 15 days net. In case of paper invoicing, the Company may charge the User an invoice fee. In case of non-payment by a User domiciled outside of Sweden, the company reserves the right to invoice the User in any way deemed appropriate and charge the User any related costs.

7.1.10 If the User does not pay the invoice or any other compensation to the Company by the payment due date, the User will be charged a reminder fee and late payment interest according to the Swedish Interest Act (Sw. räntelagen (1975:635)). If the User does not pay following such late payment reminder, the Company reserves the right to undertake debt collection measures and the User may be charged for any costs in connection thereto. 

7.1.11 If the User registered for the Service and enjoys a discount based on a particular membership, affiliation, residence, employment or similar and the basis for the discount ceases, the User shall without delay notify the Company. If the basis for discount has ceased, the Company may (without prior notice) charge the User the full price in accordance with the Price List (including for benefits previously provided to the User free of charge).  

7.1.12 The User may not misuse any discounts, discount codes, promotional codes, so-called promo or the like (collectively referred to as “Discounts”) offered by the Company or its affiliates to the User or other users, for example by using Discounts not intended for the User, using multiple codes for a Discount when it is intended to be used only once per customer or using a Discount several times that is intended to be used only once. In the event of such misuse, the User will be charged for the use of the Service in accordance with the Price List, with the addition of an administrative fee.

7.1.13 The price of the Service may be changed in accordance with Section 10. 

7.2 For KINTO FLEX, the following applies as regards prices etc.

7.2.1 The prices and fees for using the Service, as detailed in the Price List, consists of a fixed recurring membership fee and variable fee per reservation. In addition, the User may be charged Additional Fees, for example due to late return, abnormally soiled Vehicle, unlocked Vehicle, insufficiently fuelled Vehicle etc., in accordance with Appendix 1 to the Price List as amended from time to time. 

7.2.2 The variable fee includes  Excess reduction. The variable fee also includes costs for distance driven within the limitations set out on the Website. Costs for fuel, publicly charged congestion taxes, road tolls and bridge tolls are not included in the price and will thus be charged as Additional Fees if incurred by the Company during an Active Reservation. 

7.2.3 The variable fee is charged monthly (i.e. a 30 day period counting from the start date of the Reservation Period) in advance.

7.2.4 The first instalment of the variable reservation fee will be charged 4 hours prior to the start of the Active Reservation. If the charging fails, another attempt will be made 2 hours prior to the start of the Active Reservation. If the Company is still unable to charge the User’s Payment Card, the first monthly instalment of the reservation will be cancelled.

7.2.5 Additional Fees (such as fees in case of late return, smoking in the Vehicle, parking fines, fuel and taxes etc. and other Additional Fees set out in the Price List) and compensation for damage will be charged to the User’s Payment Card in arrears. The Company is entitled to such compensation if the claim is made within six months from the end of the reservation. 

7.2.6 The User may cancel the reservation at no charge up until 4 hours before the start of the Reservation Period. If the User has not cancelled or shortened the reservation 4 hours before the start of the Reservation Period, the first 30 days’ instalment of the variable fee shall be charged in full. The User is always entitled to shorten or cancel the Reservation Period in advance, provided that notice thereof has been given within 72 hours prior and the Vehicle (including keys, Fuel Card etc.) has been returned to the KINTO location no less than 1 hours prior to the end of the current 30 day period. If the User has not cancelled or shortened the reservation 72 hours before the end of the current 30 day period, the next 30 days’ instalment of the variable fee shall be charged in full.

7.2.7 The User may shorten or cancel an Active Reservation in advance, with effect from the end of the current 30-day period, provided that the User notifies the Company no later than 72 hours before the end of a 30-day period and the Vehicle has been returned in agreed condition no later than one hour before the end of the current 30-day period. An Active Reservation is automatically extended in 30-day intervals if the User has no later than 72 hours before the end of the Reservation Period (or the current 30-day period if Active Reservation has been extended or runs until further notice) notified the Company that he/she wishes to terminate the Active Reservation. For the avoidance of doubt, the Company has the right to charge the User for the next 30-day period if the User has not notified the Company no later than 72 hours before the end of the current 30-day period that the User wishes to terminate the Active Reservation. A notification that the User wishes to terminate an Active Booking must be made by telephone, or in writing via email, chat or letter. 

7.2.8 The User is not entitled to repayment or reduction of any fees even if the Vehicle is returned in advance in accordance with Section 6.5.1. 

7.2.9 If the User is domiciled in Sweden and payment by credit or debit card is not possible, the Company may invoice the User by way of paper invoice to the User’s postal address. The payment terms of such invoice shall be 15 days net. In case of paper invoicing, the Company may charge the User an invoice fee. In case of non-payment by a User domiciled outside of Sweden, the company reserves the right to invoice the User in any way deemed appropriate and charge the User any related costs.

7.2.10 If the User does not pay the invoice or any other compensation to the Company by the payment due date, the User will be charged a reminder fee and late payment interest according to the Swedish Interest Act (Sw. räntelagen (1975:635)). If the User does not pay following such late payment reminder, the Company reserves the right to undertake debt collection measures and the User may be charged for any costs in connection thereto. 

7.2.11 If the User registered for the Service and enjoys a discount based on a particular membership, affiliation, residence, employment or similar and the basis for the discount ceases, the User shall without delay notify the Company. If the basis for discount has ceased, the Company may (without prior notice) charge the User the full price in accordance with the Price List (including for benefits previously provided to the User free of charge).  

7.2.12 The User may not misuse any discounts, discount codes, promotional codes, so-called promo or the like (collectively referred to as “Discounts”) offered by the Company or its affiliates to the User or other users, for example by using Discounts not intended for the User, using multiple codes for a Discount when it is intended to be used only once per customer or using a Discount several times that is intended to be used only once. In the event of such misuse, the User will be charged for the use of the Service in accordance with the Price List, with the addition of an administrative fee.

7.2.13 The price of the Service may be changed in accordance with Section 10. 

8. Personal Data and Communication

8.1 The personal data of the User is processed in accordance with the Company’s privacy policy for the Service, which is available in the App and on the Website. 

8.2 The User is responsible for ensuring that information in his/her user profile, such as name, address and contact information, is up-to-date. The User shall promptly report any changes in such information to the Company’s customer service. 

9. Intellectual property rights

9.1 All intellectual property rights attributable to the Service (including but not limited to the App) are exclusive property of the Company, its affiliates or licensors. The User is not given any right to such intellectual property rights unless explicitly stated in these General Terms and Conditions. 

9.2 These General Terms and Conditions grant the User a non-exclusive and non-transferrable license to use the App and the content of the Service. The User may only use the licence in accordance with the purposes and the usage restrictions specified in these General Terms and Conditions. 

9.3 The Service and the App may contain links to third party websites or resources. Such links are provided by the Company as a service for the User and do not imply the Company’s endorsement of the website in question. The Company is not responsible for the content, products or services available on third party websites or resources or links on such websites. The User acknowledges the sole responsibility for, and assumes all risk arising from, the use of any third party websites or resources. 

10. Changes to the Agreement

10.1 The Company has a unilateral right to amend these General Terms and Conditions during the term of Agreement. In the event of a material change, the Company shall inform the User via e-mail (to the e-mail address provided by the User) at least two weeks before the intended change takes effect. If the User does not accept the change, the User may terminate the Agreement. If the User has an Active Reservation, the end of the term of the Agreement shall coincide with the end of the Active Reservation. 

10.2 The Company may from time to time amend the price for the Service.   In case of an amendment of the price for a membership with a fixed fee that entails an increase of the User’s fee, based on the User’s membership level, the Company shall inform the User about the amendment via the App or on the Website at least 45 days before the implementation. 

10.3 The User shall continuously visit the Website in order to stay up-to-date in terms of price adjustments, terms of Agreement and user instructions.

10.4 The Company may, wholly or partially, transfer its rights and obligations under this Agreement to another company in its Group. The User may not transfer any of its rights or obligation under the Agreement to others.

11. Term and Termination 

11.1 The User’s Right to Termination, Membership Plan Changes and Withdrawal

11.1.1 The Agreement is valid until further notice. 

11.1.2 The User may terminate its membership by giving notice to the Company. 

11.1.3 In the event of a notice of termination concerning a membership with a fixed membership fee, the membership will be terminated on the next turn of the month. If the User has an Active Reservation for a KINTO FLEX Vehicle, the membership and the Active Reservation will, however, be terminated at the end of the then current 30 day period (as described in Section 7.2.2 above). In such case, the User shall return the Vehicle on or before such date in accordance with Section 6.5 above. During the notice period, the User can make reservations and use the Vehicle. Any upcoming reservations after the termination of the Agreement will be cancelled.

11.1.4 In the event of a change from a membership level to other membership level with a higher fixed membership fee, the change will take effect immediately. 

11.1.5 In the event of a change from a membership level to other membership level with lower fixed membership fee or no fixed membership fee, the change will take effect on the date that the next fixed membership fee for the previous membership plan otherwise should have been paid. 

11.1.6 The User may re-activate its membership at any time. In order to enable swift and simple re-activation, the user account and the account details will be saved for a period of 90 days from the termination of the membership. If the User wishes to terminate the account immediately, such termination can be made upon the User contacting the Company’s customer service. 

11.1.7 The User has the right of withdrawal (Sw. ångerrätt) within 14 days from registering a user account in the App. If the User wishes to use the right to withdrawal, the User shall notify the Company within 14 days from registration. When using the right to withdraw, the User may use a standard form available at the Swedish Consumer Agency’s (Sw. Konsumentverket) website. The right to withdraw will cease to apply upon completion of any reservation through the Service.

11.2 The Company’s Right of Termination, Suspension and Repossession 

11.2.1 The Company may terminate the Agreement with immediate effect or suspend the User’s access to and use of the Service, whereupon all debts owed to the Company shall immediately be settled, if: 

(a) a credit report shows that the User has a record of non-payment or the Company otherwise has fair reason to believe that the User lacks ability to pay, 

(b) the User does not pay the fixed membership fee when due, whereupon the User’s access to and use of the Service will be suspended immediately,

(c) the User does not fulfil his/her other payment obligations to the Company,

(d) the Vehicle is subject to abnormal driving, mismanagement or other use in violation of the Agreement, 

(e) the Vehicle, in violation of the Agreement, is used for taxi operations, ride-sharing, courier operations or similar, 

(f) the User has provided incorrect information in the Agreement in order to manipulate the system, 

(g) the user account or login information is misused, 

(h) the User otherwise breaches any user instructions issued by the Company, 

(i) the User, without the prior written consent of the Company, has brought the Vehicle outside of the permitted area, 

(j) the User, on more than one occasion and after remarks from the Company, does not return the Vehicle on time, or

(k) the User in any other way materially breaches the terms of the Agreement. 

(l) the Company suspects that the user account is used by a person who is not the person it pretends to be.

11.2.2 Upon the Company’s termination of the Agreement, the Company may undertake necessary measures to immediately repossess the Vehicle. The Company may thus contact the police, customs or any other authority that acts in the interests of the Company and has the right to seize and detain the Vehicle. The User will also be registered in Biluthyrarna Sverige’s (BUS) register.

12. Contact and Messages

12.1 Information from the Company to the User may be provided by e-mail, phone, SMS, the App, mail or the Website.

12.2 Information from the User to the Company may be provided via the App, e-mail or phone. 

13. Disputes

13.1 If a dispute cannot be resolved in agreement with the Company’s customer service a User that is a consumer may turn to the National Board for Consumer Dispute (Sw. Allmänna reklamationsnämnden), see www.arn.se. 

13.2 Any dispute concerning the interpretation or application of the Agreement and/or these General Terms and Conditions shall be resolved in accordance with the laws of Sweden and settled as determined under Section 13.1, or ultimately by the general courts of Sweden.

 

* * *

Appendix 1 – version 2022:1

Price list and Additional Fees (VAT included)

You find an updated price list on www.kinto-mobility.se

 

Additional Fees 

All prices are in SEK (Swedish krona) and per occasion, unless otherwise stated. 

Late return: SEK 500. The User may be charged for the period from the end of the Reservation Period until the actual return of the Vehicle. Further, costs for compensation and extra costs for other affected users may be added. 

Driving outside the permitted territory: SEK 500. Actual costs of the Company may be added. The Vehicle is brought outside of Sweden, Norway, Denmark and Finland without prior written consent of the Company. 

Congestion tax, bridge tolls and road tolls (including Öresund Bridge tolls) outside Sweden  and other similar charges that are not included in the Service:  Actual cost of fine plus SEK 500 administration fee.
The User may be charged a fee if fines and/or fees imposed on the User due to violations which the User is responsible for, are not paid on time by the User and the Company, as the owner of the Vehicle, has to pay. 

Parking fine: Actual cost of fine plus SEK 500 administration fee.
The User may be charged a fee if fines and/or fees imposed on the User due to violations which the User is responsible for, are not paid on time by the User and the Company, as the owner of the Vehicle, has to pay. This also applies to fines/fees issued in car parks using barriers with automated detection of entry and exit. 

Incorrectly parked Vehicle. Alternatively Vehicle returned to the wrong KINTO Location: Actual cost of fine plus SEK 500 administration fee and, if applicable, any cost for transporting the Vehicle to the correct location. 

Insufficiently fuelled Vehicle. Vehicle returned with less than half  tank for Share/Full tank for Flex: SEK 500

Uncleaned/heavily soiled Vehicle. Plus any additional cost for reconditioning, washing, loss of rental opportunities, ex.: SEK 500 – 1,000

Animal in Vehicle: SEK 1,000

Speeding: Actual cost of fine plus SEK 300 administration fee.

Smoking in Vehicle: SEK 2,500 

Lost Fuel Card: SEK 500

Lost parking permit: SEK 500 In addition, the User may be charged for any parking fines/fees issued because the permit was not displayed in the Vehicle

Lost parking pass: SEK 500

Fuel Card used for other purpose than fuelling: Actual cost plus SEK 500 administration fee

Fuel Card used to refuel own/another person’s vehicle: Actual cost plus SEK 500 administration fee.

Theft from unlocked Vehicle: Actual cost plus SEK 500 administration fee
For example Fuel Card

Vehicle returned without connecting charging cable: SEK 500

Lost charging cable: Up to SEK 6,000

Lights on: SEK 500
Vehicle’s lights left on and call-out required to turn them off or to charge battery. User will be charged for charging time as if it were his/her Reservation Period. 

Unlocked Vehicle/windows open: SEK 500
Door or window 

Reminder fee invoice: SEK 60.
Per invoice by way of paper invoice

Lost/not returned physical key : SEK 2500 

Cost/Excess for damage (VAT included) for KINTO SHARE

With Excess reduction and Excess waive, the Vehicle’s insurance Excess is reduced as set out in the table below

Type of damage

Damage to vehicle
Full Excess: SEK 12,000 
Excess reduction: SEK 9,000 
Excess waive: SEK 0
 

Traffic damage (no VAT) Damage to other property
Full Excess: SEK 4,700
Excess reduction: SEK 4,700
Excess waive: SEK 0
 

Vehicle stolen with use of the App 
Full Excess: SEK 100,000
Excess reduction: SEK 100,000
Excess waive: SEK 100,000

 

Cost/Excess for damage (VAT included) for KINTO FLEX

With Excess reduction the Vehicle’s insurance Excess is reduced as set out in the table below. 

Type of damage

Damage to vehicle
Full Excess: SEK 12 000 
Excess reduction: SEK 5 000 

Traffic damage (no VAT) Damage to other property
Full Excess: SEK 4 700 
Excess reduction: SEK 4 700 
 

Vehicle stolen with use of the App/key 
Full Excess: SEK 100,000
Excess reduction: SEK 100,000