Terms of Service for Car Sharing
Effective as of 10.01.2023
1 Scope
1.1 These terms (hereinafter referred to as “the Terms”) apply to the lessee’s rental of a vehicle arranged by the lessor and to the rights and obligations of both parties relating to the rent. Owned by the owner, the lessor subleases the vehicle to the lessee, with the consent and knowledge of the owner.
1.2 By registering (see Section 3 below), the lessee accepts the entry into effect of a binding electronic agreement between him and the lessor. The registration involves that the lessee confirms his understanding that he is bound by the Terms which, together with the price list, create a basis for the contractual relationship between the lessee and the lessor, which remains in effect due to the rent.
1.3 The lessor may, at any time, amend the Terms. However, if the lessor amends the Terms or the price list considerably, so that it may be assumed that the change has a significant meaning for the lessee, the lessor is under the obligation to notify of the planned changes, which should be prominently displayed on their website. The changes shall not enter into force until 30 days from the display of the notification. It may be necessary for the lessor to make considerable changes due to the lessor’s increased costs, general price developments, increased production costs or changes in the legal environment.
2 Definitions
Category of the vehicle
The category in which the vehicle belongs to: A, B or C.
The vehicle
The vehicle whose access is provided to the lessee by the lessor in compliance with the Terms.
Lessee
An individual who registers (cf. Section 3) with the lessor and thereby agrees to the Terms.
Lease period
The time that elapses from the time that the lessee rents the vehicle until the lease ends, in compliance with Section 13.
Price list
The lessor’s register of prices and fees applying to the rent which the lessee undertakes to pay.
Profile
Private and individually-based user format for the lessee in Hopp app.
Hopp app
Access devices for Hopp vehicles in the form of an app for smartphones.
Service area
The geographic area in which a vehicle can be returned within is defined in the Hopp app.
Profile
The lessee’s user format in the Hopp app.
The Terms
General terms and conditions described below
Lessor
Hopp Deilibílar ehf.
ID No. 511021-0570
Skúlagata 13, 101 Reykjavík
Owner
Höldur ehf. – Bílaleiga Akureyrar
ID No. 651174-0239
Tryggvabraut 12, Akureyri
3 Registration
3.1 When registering and during the effective term of the lessee’s registration with the lessor, the lessee must, at all times, meet the requirements set out in Article 3.2.
3.2 The lessee must:
a) Have reached the age of 20 on creation of the profile.
b) Hold a valid driving licence which must have been valid for consecutive 365 days prior to the registration.
c) Have registered a valid payment card (excluding prepaid payment cards) in the Hopp app as a method of payment for the rental. The withdrawal limit of the card shall be sufficient in order to pay for the rental of the vehicle, as well as any deductible that the lessee may incur caused by damage to the vehicle, cf. Section 6.
d) At any time during the registration period, the lessor may request that the lessee reconfirm that he holds a valid driving licence.
3.3 If the lessee no longer meets the requirements set out in Arcticle 3.2 during the term of the contractual relationship with the lessor, cf. Article 1.2, the lessee must immediately inform the lessor thereof, who may then reject further rent of the vehicle to the lessee.
3.4 The lessee may only have one active registration / one active profile with the lessor at a time.
3.5 The lessee provides the lessor with their personal data by taking a photo of their driving licence and of themselves for digital identification via the Hopp app. In the event that the lessee has had their driving licence revoked since registering, the lessor reserves the right to prevent, at any given time, the lessee’s rental of the vehicle.
3.6 The lessor may, at any given time, deny the lessee a registration or changes to personal data, cease further use of their profile or delete an active profile if:
a) The lessee repeatedly causes damages to rented vehicle;
b) The lessee does not comply with the Terms, or the lessor suspects that the lessee has violated the provisions of the Terms, including, but not limited to, the lessee’s obligations pursuant to Article 10.2 and prohibition under Article 10.3;
c) Is otherwise justifiable in accordance with the lessor’s objective assessment.
3.7 The lessee recognises the lessor’s entitlement to impose fees on them, in accordance with the price list, should he violate the provisions of the Terms.
3.8 In the event that the lessor ceases further use of the lessee’s profile, or if the lessor deletes the profile, the lessee shall not be entitled to any benefits for the cancellation of services, including for rental minutes which the lessee has already paid for but are cancelled due to the suspension.
3.9 The lessee may, at any time, cancel their registration with the lessor, however, without affecting his payment obligations for services already provided but which he has not paid for at the time of the cancellation.
4 Profile
4.1 The lessee alone is allowed to use their profile to rent the vehicle pursuant to the Terms.
4.2 The lessee may not give permanent control over the profile to another person, nor may he provide others with temporary access to it. If another person other than the lessee drives the vehicle, according to the profile provided for at the beginning of the lease period, the lessor will consider it as theft or betrayal, and report the incident to the police.
4.3 If the lessee’s profile is misused in accordance with the above, the lessee must guarantee payment to the lessor of an amount equal to the personal liability as provided for in Article 6.2, unless he informs the lessor, as soon as he becomes aware, of theft or other misuse of the profile in order for the lessor to stop its further use. If the lessee has shown intentions or fraudulent conduct towards the lessor in connection with this, hen accepts liability for the full amount mentioned above.
5 Access device (Hopp app)
5.1 The lessee can only rent the vehicle through the Hopp app. The Hopp app can only be used for smartphones which are in accordance with necessary technical specifications of the app.
5.2 In order to rent the vehicle, and during the use of it, the lessee must use telephone data and shall bear all costs of such data application.
5.3 It is prohibited to copy, misuse or misapply, in any way, the Hopp app as an access device to the vehicle. Any violations by the lessee against this will result in his immediate exclusion from the Hopp app. The lessee himself shall bear all the costs and/or damage that such exclusion may involve.
6 Insurance
6.1 The vehicle is insured with a mandatory vehicle liability insurance and accident insurance of the driver, as well as a comprehensive insurance for both the lessee and owner. Insurances are included in the price.
6.2 Personal liability of the lessee (deductible) is ISK 185,000 – ISK one hundred thirty-nine thousand – for each loss or damage which he may cause with the use of the vehicle. In the event that the lessee causes more than one case of loss or damage during the term of lease, he shall pay the aforementioned amount for each case of loss or damage.
6.3 In the event that the lessee causes loss or damage to own property with the use of the vehicle, the lessor will investigate this as a possible attempt to commit fraud. Should the lessor believe that there has been an actual attempt at insurance fraud committed, they shall report this to the police.
6.4 In the event that the lessee has not notified the lessor of a loss or damage to the vehicle during the term of lease within 7 days from the date of the occurrence of the loss or damage, the lessor may charge the lessee’s payment card for the full deductible in connection with the loss or damage.
6.5 Comprehensive vehicle insurance does not cover:
a) Damages which the lessee causes by intent or gross negligence.
b) Damages resulting from the lessee being under the influence of alcohol, stimulants or sedatives, or being otherwise incapable of controlling the vehicle safely.
c) Damages caused by racing or practices for such driving.
d) Damages resulting from war, revolution, rioting or public unrest.
e) Damages caused by animals.
f) Holes burned into seats, carpets or floor mats, or loss or damage that can otherwise be attributed to treatment, e.g. smoking or consumption of food and drinks.
g) Damages affecting only wheels, tyres, suspensions, batteries, glass (other than windows), radio, as well as damages caused by theft of individual parts of the vehicle and damages resulting therefrom.
h) Damages to the vehicle caused by driving on rough roads, such as to the gear-box, drive and other parts in or under the chassis; damages to the chassis caused by scraping over uneven surfaces, such as ridges left by road graders, protruding rocks on the roads or at the edge of the roads. The same applies to damages resulting from stones being thrown up and striking the underside of the vehicle during driving.
i) Damages that are caused in places where the vehicle is not permitted to be driven, such as on tracks, rough trails, in snowdrifts or on ice, driving across unbridged rivers or brooks, on beaches, through water shoals or off road.
j) Damages caused by sand, gravel, ash or pumice or other earth materials that are blown onto the vehicle.
k) If the vehicle is transported by sea, damages caused by seawater are not compensated.
l) Damages that occur when the vehicle is driven on roads that are F-marked on official maps and the roads through Kjölur (Road No. 35) and Kaldidalur (Road No. 550).
m) Damages that the lessor suffers caused by theft of the vehicle.
n) Water damage to the vehicle.
o) Damages to key or control access of a different type.
6.6 Third-party liability insurance is the amount stipulated by Icelandic law at any given time. Whereas the comprehensive insurance is included in rental price of the vehicle, the lessee is insured in return for a payment guarantee in connection with damages compensated under the comprehensive insurance, should he pay the deductible set out in Article 6.2 of the Terms. In the event of a damage to the vehicle which is not compensated under the comprehensive insurance nor from a third party, for instance under a liability insurance, the lessee is fully liable and shall pay all costs in full resulting from the damage or destruction he is responsible for.
6.7 No insurance or optional fee compensates damages to the chassis and tyres of the vehicle or damages resulting from driving through rivers or lakes, nor damages resulting from natural disasters. The lessee is fully liable for such damages; see further on insurances listed above.
6.8 The defined insurances outlined in this agreement are from Vátryggingafélag Íslands hf. (VÍS), ID No. 690689-2009, Armuli 3, 108 Reykjavík With his signature, the lessee accepts that the insurance company is notified of this lease agreement and its parties. The insurances outlined in this agreement are subject to the terms and conditions of VÍS No. BA10 and BK10. The terms and conditions are accessible on the website of VÍS, www.vis.is. Shipping documents containing general information on the insurance (IPID) can also be found on the website of VÍS. Disputes relating to insurance contracts (vehicle insurance and comprehensive insurance for the vehicle) and VÍS’s liability may be appealed to the Insurance Complaints Committee; see further information on the website of the Financial Supervisory Authority, www.fme.is.
7 Pricing and payments
7.1 The total value for rent of the vehicle will be decided both by the initial charge and per minute rate. Per minute rate, i.e. the charge for each minute in which the lessee rents the vehicle, and the initial charge are set out in the price list of the Hopp app. The lease term of the vehicle commences as soon as the lessee has scanned its QR code in the Hopp app.
7.2 Prices outlined in the price list include all taxes and fees.
7.3 When the lessee has completed the lease term of the vehicle, cf. Article 13.1 below, the lessee’s payment card will be charged for the total value of the rent. Receipt for the payment appears in the Hopp app, containing a breakdown of purchased items.
7.4 Although the lessee has returned the vehicle, he is nevertheless obliged to ensure that his payment card can be charged due to other costs pursuant to Article 3.2(c), e.g. to cover damages to the vehicle, fines or other fees resulting from the lessee’s use of the vehicle, all of which is subject to the price list. In the event of any claims against the lessee, in accordance with the above, the corresponding amount will be charged to the lessee’s payment card, who will receive an itemised receipt for the charge from the lessor.
7.5 If the lessee’s payment card company rejects the lessor’s charging which they perform in accordance with the Terms, and the rejection can be attributed to the lessee himself, the lessor reserves the right to demand that the lessee pay the claim concerned, with accrued interest, penalty interest and collection costs.
7.6 The lessor reserves the right to assign claims to the lessee. In the event of such assignment, the lessee will only be able to settle such claims with a payment to the assignee if the lessee has been notified of the assignment.
8 Beginning of lease period
8.1 The lease period begins as soon as the lessee clicks on the “Hop” button in the Hopp app and from that same point in time onward, the lessee is responsible, for the vehicle, cf. Section 15 of the Terms.
9 Inspection of vehicle prior to the beginning of lease period
9.1 Prior to the beginning of the lease, the lessee shall inspect the vehicle and report all damages and/or defects to the vehicle which he becomes aware of. If damages to the inner lining of the vehicle have occurred, the lessee must contact the lessor via the Hopp app or the lessor’s service centre prior to commencing the driving. If the lessor considers that such damage must be examined more closely / be repaired prior to the use of the vehicle, the lessor may withdraw/cancel the lessee’s rent.
9.2 The lessee shall check how clean the vehicle is on the inside. If the vehicle is not as clean as can be regarded as normal, the lessee shall inform the lessor thereof, either via the Hopp app or by phoning the lessor’s service centre.
9.3 In the event that the lessee finds a parking ticket which has been placed under the windscreen wiper of the vehicle, he shall place the ticket in the vehicle’s glove box prior to commencing the driving.
9.4 If the lessee fails to inspect the vehicle and report damage/loss to it, or if it is not as clean on the inside as can be regarded as normal pursuant to Articles 9.1–9.2, it can result in the lessee being deemed liable for damage/loss or uncleanliness that were not reported in the beginning of the lease period but do exist at the end of it, cf. extra cleaning costs, in accordance with the price list.
10 The use of the vehicle
10.1 The vehicle may only be used within the service area, within which it must also be returned by the lessee. If the vehicle is driven outside of the service area, the lessee will be requested to pay a special fee pursuant to the price list. However, the lessee can prevent the levying of the fee if he moves the vehicle back into the service area.
10.2 During the term of the lease of the vehicle, the lessee must:
a) Hold a valid driving licence;
b) Drive the vehicle only when in the physical and mental state to do so;
c) Fully comply with traffic laws and regulations;
d) Inform the lessor, as soon as possible, of all damages to the vehicle, whether caused by the lessee or others, theft or accident resulting from its use during the term of the lease, or if the vehicle is in unacceptable condition;
e) Contact the lessor through the Hopp app or the lessor’s service centre as soon as the warning lights in the vehicle’s dashboard go on and discontinue driving until the lessor has confirmed that it is safe to do so;
f) Ensure that the vehicle’s electricity charge never falls below 5%, in accordance with Article 11.1; and
g) Otherwise treat the vehicle with the care as generally considered as normal for an owner of a vehicle.
10.3 During the term of the lease, the lessee may not:
a) Drive under the influence of alcohol or sedatives that can affect the lessee’s ability to drive a vehicle;
b) Allow for the vehicle’s electricity charge to empty;
c) Seat more passengers in the vehicle than number of seat belts allow;
d) Use the vehicle for punishable purposes, in off-road driving, participating in any vehicle sports, or for commercial purposes, such as to ship goods and drive passengers for a fee;
e) Use the vehicle to transport hazardous liquids or substances;
f) Smoke, use e-cigarettes or to permit passengers to do so inside the vehicle;
g) Disable an airbag in the passenger seat;
h) Keep animals in the vehicle, unless they are in kept in special cages that are stored in the vehicle’s boot, in which case the lessee must clean the boot carefully after the lease term has come to an end;
i) Have children in the vehicle without using appropriate safety equipment, such as car seats for the younger children or booster seats for the older ones, and ensuring that the use of such equipment is in compliance with instructions from their manufacturer;
j) Conduct own repairing of any malfunctions in the vehicle, or otherwise work on the vehicle’s machine or technical equipment, including removing the outer layer film of the vehicle;
k) Attach any accessories to the vehicle, including a ski rack, luggage carrier or bicycle rack, or use the vehicle to tow another vehicle or any carriages or trailers;
m) Allow another driver to drive the vehicle or use the vehicle to practice their driving;
n) Drive the vehicle on roads or paths that do not have road numbers or on roads that are F-labelled on official maps.
10.4 If the lessee violates the provisions of Section 10 of the Terms, the lessor may request that the lessee pay a fee as a result of the breach, in compliance with the price list. As an example, the lessee may be required to submit a payment for damage or loss which the lessor may suffer if the lessee’s reckless conduct causes the vehicle to become un-drivable and thereby not fit for leasing. In which case, a fee is levied for such loss or damage, in accordance with the price list for each whole day that the vehicle is in an un-drivable condition.
11 Vehicle’s electricity charge and related obligations of the lessee
11.1 The lessor is responsible for charging the vehicle with power and bears the costs of that. However, the lessee may not return the vehicle when its electricity charge falls below 5% of the maximum charge. In this case, the lessee shall charge the vehicle at their own expense in order to return the vehicle with the aforementioned minimum charge.
12 The lessee’s obligations with respect to traffic accidents, damages, defects, theft, fines and fees
12.1 In the event that the lessee suffers a traffic accident in his vehicle during the term of the lease, he shall report the incident to Árekstur.is on phone 578-9090. If the accident occurs after hours of Árekstur.is, the lessee shall fill out a damage report on the website https://arekstur.is/tilkynna-ohapp/.
12.2 If the lessee becomes aware of damages or defects to the vehicle, the vehicle is stolen, the lessee receives a fine or his use of the vehicle incurs a different type of fee taking, he is obliged to immediately contact the lessor through the Hopp app or the lessor’s service centre and report the incident.
12.3 In the event that the lessee suffers a traffic accident in his vehicle, he must ensure that Árekstur.is prepares a damage report on the incident or that a damage report is submitted through the website Árekstur.is, in accordance with Article 12.1.
12.4 The lessee may not leave the scene of the traffic accident he has suffered in his vehicle until:
a) Árekstur.is has prepared a damage report on the incident – such a report must be submitted through the website https://arekstur.is/tilkynna-ohapp/ – or an agreement is reached with the lessor’s service centre relating to other measures to be employed if, for some reason, a report cannot be prepared.
b) The vehicle has been moved to a place where it does not pose a risk, or has been towed away from the location of the accident by a tow truck in compliance with the lessee’s telephone conversation with the lessor’s service centre during trading hours or at the initiative of the lessee in the event that he is unable to contact the lessor directly.
12.5 The lessee may not accept or declare any responsibility on behalf of the owner or the lessor due to incidents that are subject to this Section of the Terms. Neither the owner nor the lessor will accept such action on behalf of the lessee, who may then become personally liable.
12.6 If the lessee receives payment from a third party due to damages to the vehicle, the lessee is obliged, without a claim from the lessor to that effect, to immediately process the payment to the lessor, in consultation with his service centre. This does not, however, apply should the lessee already have compensated the lessor for the damages to the satisfaction of the lessor.
13 Handling of the vehicle and the end of lease period
13.1 The lessee ends the lease period by clicking the “End journey” button in the Hopp app after parking the vehicle within the service area, and in compliance with traffic laws and regulations. If the lessee leaves the vehicle in a car park outside the service area, the lessor may require that the lessee pay an additional fee, in accordance with the price list, which is then levied on the rental cost.
13.2 The lessee may park the vehicle in all general parking spaces within the service area, including metered parking spaces.
13.3 At the end of the lease period, the lessee shall ensure that:
a) The charging cord for the vehicle is located in its boot,
b) The vehicle has the parking brake engaged,
c) If the vehicle is parked in a metered parking space in the city, the parking clock which is located in the front windscreen is set,
d) The windows of the vehicle are closed,
e) Doors of the vehicle are closed,
g) The vehicle is left in the same condition as it was in at the beginning of the lease period, and
h) The vehicle is as clean as it was at the beginning of the lease period and that luggage and waste has been removed from the vehicle. The price list outlines an additional cleaning fee that may be levied.
13.4 The lease period does not end until the lessee has fulfilled the conditions laid down in Articles 13.1 and 13.3 and notified of its completion through the Hopp app.
13.5 The lessee is responsible for ensuring that the vehicle is returned in the correct and satisfactory manner. If the lessee experiences a problem when ending the lease period, he shall immediately notify the lessor’s service center and must not abandon the vehicle until the lessor has informed of how to react appropriately.
13.6 The lessee rents the vehicle per minute, i.e. charge per minute pursuant to the price list. However, the lease period can never exceed 24 hours from its start; therefore, the lessee must return the vehicle within that time frame, in compliance with the provisions of Section 13. If the vehicle is not returned within this timeframe, the lessor himself shall end the lease term next time the lessee parks the vehicle, irrespective of the location of the vehicle at the time. Such ending of the lease period may involve levying of special charge pursuant to the price list. The lessor may also request a reimbursement from the lessee of the costs incurred by the lessor due to the lessee’s violations of the provisions of Section 13, including costs relating to the transferring of a vehicle that is located outside the service area when the lessor ends the lease period, pursuant to the aforementioned.
13.6 During the term of the lease, the lessee must park the vehicle in designated parking spots, in compliance with traffic laws and regulations.
14 The liability of the lessor
14.1 The lessor is liable for ensuring that the vehicle meets the requirements of roadworthiness and standardised safety equipment.
14.2 The lessor is not liable for damage or loss caused by the lessee’s use of the vehicle; this also applies to damage or loss which the lessee causes to others or oneself. This does not, however, apply if the negligence of the lessor himself has, in some manner, promoted damage or loss.
14.3 Under no circumstances is the lessor liable for the lessee’s indirect loss or damage which can occur if the vehicle becomes unusable or malfunctions while it is under the control of the lessor, e.g. when purchased minutes are not used up due to this or when the lessee suffers loss or damage due to delays. The lessor is not liable for the lessee’s discomfort or costs that have been incurred after the lease period has ended, in compliance with Article 13.6.
14.4 The lessor is not liable for personal property which the lessee leaves behind in the vehicle.
15 The liability of the lessee
15.1 The lessee must compensate the lessor for all loss and damages which the lessor may suffer that are caused by the lessee’ violations of the Terms or established laws.
15.2 The lessee is liable for all loss or damages to the vehicle that he or his passengers cause. However, the liability of the lessee is limited to his personal liability pursuant to Article 6.3, unless the situation described in Article 7.5 arises.
15.3 The lessee is responsible for personal property he leaves behind in the vehicle.
15.4 The lessee is responsible for all violations of law that he is found guilty of during the use of the vehicle, including traffic violations and violations of the Penal Code. The lessee is also responsible for all fines and charges (e.g. road tolls) that may accrue to the vehicle, from the beginning of the lease period until a new lessee rents the vehicle or until the lessor moves the vehicle if the lease period has not ended, in compliance with Section 13. In the event that the lessor has to pay fines and fees due to the lessee’s use of the vehicle, the lessor may impose a handling fee pursuant to the price list, which the lessor then needs to reclaim from the lessee with associated efforts.
15.5 If the lessee does not park the vehicle according to the instructions set out in Article 13 and causes the lessor to be forced to move or tow the vehicle, the lessor may request that the lessee pay the cost which such action may involve, in accordance with the relevant Article in the price list.
15.6 Although the vehicle is ensured with mandatory vehicle liability insurance and comprehensive insurance, the lessee can nevertheless become liable for the loss or damage that he causes to the vehicle itself or other vehicles or items, if he causes the loss or damage by intent or gross negligence or if the consequences thereof were greater than would otherwise have been the case, e.g. by dangerous driving or driving under the influence of alcohol or narcotics. The same applies if the driver, other than the lessee, causes loss or damage whilst driving the vehicle.
16 Tachographs
16.1 The vehicles are fitted with tachographs from the owner which collect the following data: The location of the vehicle, driving speed, acceleration, information on impact (location, gravity and direction), together with information on location and functionality of the vehicle’s equipment. This information is collected due to the following reasons: analysis and preventative measures for lost or stolen vehicles belonging to the owner, handling of insurance claims, identification of unauthorised moving of the vehicle, monitoring and improving the driving behaviour of customers, control of vehicle fleet. Information on the owner’s handling of personally identifiable data can be found in the Data Protection Policy of the owner on: https://www.holdur.is/is/fyrirtaekid/um-fyrirtaekid/personuverndarstefna.
16.2 The vehicles are also fitted with tachographs from the lessor that collect data comparable to those described in Article 16.1 above, and for the same reasons. Information on the owner’s handling of personally identifiable data can be found in the Data Protection Policy of the lessor contained in the Hopp app and on: https://hopp.bike/privacy-policy.
17 Right to withdraw from the contract
17.1 The lessee does not have a right to withdraw from the lease agreement, in accordance with Article 19 of Act No. 16/2016 on Consumer Contracts, whereas this agreement is made on vehicle rental on a particular day, as provided for in Article 18(1)(l) of Act No. 16/2016 on Consumer Contracts.
18 Complaints relating to services
18.1 A lessee who resides in Iceland can direct complaints relating to the services to the Consumer Agency, [email protected]; however, he shall, at the same time, take care to inform the lessor of the complaint by forwarding a notification thereof to [email protected]
19. Venue, legislation and the value of terms
19.1 In the event that a dispute arises between the lessee and the lessor which cannot be resolved amicably, the dispute shall be heard by Icelandic courts on the basis of Icelandic legislation. Disputes may be brought before the District Court of Reykjavík.
19.2 In the event that any provisions of the Terms are or become, for some reason, invalid, it shall have no effect on the validity of other provisions of the Terms.
Terms of Service
Hopp ehf. is registered at the central business register in Iceland, kt. 6203211410. Hopp ehf. has local franchises around the globe. A registered user (the User) enters into this agreement with the relevant Hopp franchise in the area in which the product is rented, franchise herein referred to as Hopp. Hopp provides services including rental of electric scooters and related equipment via Hopp´s mobile application (the app).
1. General
Hopp’s objective is to make it easier for individuals to use environmental-friendly travel options. Hopp´s services help make this idea a reality and those services are continually evolving.
These Terms and Conditions (the Terms) govern the Users use of all Products i.e. relating to rental of vehicles. They also govern all services, the app and software that Hopp may provide related to those rentals, hereinafter referred to collectively as the Service or the Services. By using Hopp’s Service, the User agrees to comply and be legally bound by these Terms. The User also agrees that he has authority to agree to these Terms. If the User doesn't agree to these terms, he is not authorized to use Hopp´s Services.
Hopp reserves its rights to change the terms and conditions, prices and services. These terms may be amended from time to time accordingly and the revised version is effective when published on our Website which will then be binding for the User. The User will be informed via the app of the updated Terms and to be able to continue using our services he must agree to updated terms.
Please be advised that Hopp’s local franchise, home city or town, i.e. where the Product is being used, may also have additional terms and conditions that the User should be aware of when he uses the Services.
2. Definitions
“Registered user” (the User) the person making the booking for himself or others. In case of locations where group rides are permitted i.e. where one user can rent a number of scooters for a group of people - that registered user is responsible for all scooters rented under their account.
“Services” in connection with the rental of an electric scooter, including and not limited to, Hopp’s mobile application i.e. the app and software of Hopp, the Hoppbsites, other software, charging, maintenance, staff, marketing material, communications and any other information, technology and services provided or otherwise made available to the User in Hopp’s discretion.
“Products” including and not limited to, electric scooters and any other related equipment, such as charging stations and charging equipment.
3. Registration and user account
The User must create a user account and register before making use of the Services via the App.
The information provided by the User to Hopp shall be correct, accurate and updated as necessary.
In order to use a Product, the User must have a valid credit card, debit card, a Hopp charging card or other certified payment method. Payment information is transmitted through a third party; therefore, Hopp neither receives nor stores such information. Other options for setting up user accounts and payment methods are available to certain users and companies; i.e., through Hopp’s corporate solutions.
The User will need a smartphone with the latest software and hardware when creating the user account. The User will provide a mobile telephone number and receive a text message (SMS) in confirmation.
The user account is intended solely for the User, there is only one user per mobile telephone number and he is responsible for all use of Services falling under said account. If the User suspects that someone has gained access to his personal information, he should contact Hopp immediately. Further information on the use of personal information can be found here: https://hopp.bike/privacy-policy.
Fraud. Hopp takes fraudulent conduct very seriously. If suspicion arises that the User has provided incorrect information, Hopp reserves the right to suspend the User’s account until it has been verified that the information is indeed correct. During that period, the User will have limited or no access to Hopp Services.
4. Use of the Service and the App
The User can use the Hopp App to locate, reserve, and rent Products.
Hopp reserves the right to accept or reject reservation requests. If a reservation via the App is rejected after the User’s request, he will receive the applicable refund assuming the payment method was charged in the first place.
4.1 General rules
Only registered Users are authorized to use Products.
The User shall be 18 years of age or older.
The User shall abide by local laws in the area that govern the use of the Product at all times.
The Product is intended for a maximum weight of 140 kg, usage outside of that range may increase the risk of accidents and damage.
Tandem riding is not allowed i.e. two people at a time on one Product.
It is prohibited to drive Products on highways. The word highway refers to the international definition meaning a main road that usually connects major towns and cities.
The User shall not use any cellular device while riding, including and not limited to text messaging, that may distract him from safely operating any Product.
The User is obligated at all times to use the Product in an appropriate, legitimate and justifiable fashion. That includes having acquainted himself with the proper use of the Product and being physically able to use it.
The User must be aware that poor weather conditions could affect safety and that he must be able to respond accordingly (e.g., by adjusting their speed and braking in slippery conditions, rain or snow). Similarly, it is the User’s responsibility to decide whether conditions are such that it is unsafe to use the Products.
It is prohibited to alter, adjust or tamper with the Product; furthermore, the User is prohibited from damaging it and from attempting to obtain other users’ access to our Service.
The User is not allowed to use the Services and Products in areas where it is prohibited. It is also prohibited to block pedestrians or other traffic.
It is important that the User remains aware of local laws governing
the use of the Products.
4.2 Safety
It is prohibited to use the Products while under the influence of alcohol or other intoxicating substances.
Hopp recommends that the User always wears a helmet that has been certified, preferably Snell, CPSC, ANSI or ASTM-approved, when using the Products. The User should always ensure that the helmet is fastened correctly and is used in accordance with the manufacturer’s instructions.
Helmets are required by law in some areas, if those laws apply the User is obliged to wear one.
If the User chooses to not wear a helmet and receives an injury, Hopp cannot be held responsible.
The User shall always use appropriate protective gear when using the Products. However, like using a helmet – other protective gear will never entirely prevent the registered User from accidents and possible injuries while using the Product.
The User is responsible for the use of the phone holder on the scooter. Hopp is not responsible for any damage caused by poor use of the phone holder nor loss of phone in case the User forgets to retrieve his phone from the phone holder after using the Product.
4.3 Safety check
Hopp aspires to keep their Products in good condition. All Products undergo regular quality control inspections at necessary intervals. The User should always perform a safety check on the Product before using it, including and not limited to:
Is the general condition of the Product acceptable?
Are the tires in good condition?
Do the brakes and the lights work properly?
Does the Product show signs of damage?
Does the Product require repair after prior use?
Is the Product’s battery sufficiently charged?
The user is responsible for determining the battery charge level of the rented Product and is responsible for estimating whether it will reach the intended destination in its current condition. Hopp makes every effort to ensure that Products are adequately charged for general use.
If something does not function correctly, the User should always contact Hopp and let us know via the Hopp App. If something does not function correctly, the User should immediately inform Hopp via the available communication channels such as the App. If for some reason the app is not accessible the User can contact the local operator where the product was rented, or via hopp.bike/locations. If the User notices that one or more of the above-mentioned safety features are malfunctioning before the User begins using the Product, the User should not use the Product. If the User notices while he is using the Product that one or more of the above-mentioned safety features is malfunctioning, the User should apply the brake with the utmost care, stop the Product at the earliest opportunity where it is safe and legal to do so, and notify Hopp in the manner described above. If the user does not contact Hopp under these circumstances, Hopp could assume that the user is responsible for the condition of the Product and demand that the user pays for its repair.
Always remember: safety first!
Hopp wants the User to always be safe when using all Hopp Products. To ensure the User safety and that of other travelers, please remember that when using the Product, it is prohibited to hold items (such as a bag) in the User hand so that the User does not have both hands on the handlebars. It is also prohibited to use anything that could otherwise affect the User safety. Dedicated, specially labeled bike lanes cannot be found everywhere; therefore, the User must observe the utmost caution when the User drives the Product in pedestrian or motor vehicle traffic. It is prohibited to transport passengers or animals on the Product. Do not lock Products with locks not provided by Hopp. It is prohibited to leave our Products in places to which Hopp does not have access. If Hopp incurs expenses because of the actions of the User, Hopp reserves the right to demand that the user reimburses those expenses. Be careful when placing the Users phone in the phone holder - as the User is responsible for using it and any damages that could occur to the Users phone if the User chooses to do so.
It is prohibited to use Products for activities other than those for which they were designed. For example, it is prohibited to use Products for racing, driving up and down mountains, for stunts or tricks, off-road driving, or for driving through large amounts of water. All of these activities and others could damage the Products.
Registered users are prohibited from sub-leasing Products. Furthermore, it is prohibited to give use of Products as a prize in commercial activities (for example, as a lottery prize) without Hopp’s explicit permission (for example, in advertisements, for ride-sharing, or for food delivery).
Naturally, it is prohibited to use our Products for the purpose of breaking the law.
5. Defects and damages
Treat our Products as if they were your own!
The condition of, and the number of Products in circulation, is wholly dependent on how Users treat Hopp Products. Unfortunately, Hopp Products are not unbreakable, so we ask that the User treat them with care.
Apart from conventional wear and tear, Hopp expects the User to return the Product in the same condition as it was when rented. If the User damages the Product (deliberately or by negligence or accident), or if he does not return the Product in an expected manner and it is damaged as a result, he is liable for the costs resulting from the damage.
the User shall examine the Product before unlocking it to identify any visible defects or damages – including but not limited to – tires and lights, breaks, seat and handlebar. the User shall cancel the rent if the User encounters a defect or damage that makes the Product unsafe to use and report the damage to Hopp.
Damage can be expensive and repairing a single Product can cost up to 2000 EUR or a similar amount in local currency. If a User damages a Product, Hopp reserves the right to collect a fee from the User amounting to the cost of repairing the Product. If a Product is not returned or found within 48 hours after being rented by a User, Hopp will assume that the Product has been lost or stolen (unless contrary information is provided by the User in good faith disputing that) and reserves the right to collect a fee from the User amounting to the cost of replacing the Product. Depending on the circumstances, Hopp may need to file a police report against the User. Hopp also reserves the right to take any action against the User that the law allows, including holding the User liable for the value of the Product.
5.1 Accidents or damage to the Product.
The User must report to Hopp immediately any accident, collision, crash, damage or physical injury.
If an accident causes physical injury or property damage, it is the User’s responsibility to call the police and file a police report.
The User is responsible for any damages, property or physical damages that the User causes while using the Product. As long as there is no mandatory insurance in a local country any damages to third-party property or physical injury are always the User’s responsibility. That is especially so in regard to damages caused in the case of the User breaching fundamental provisions of these terms regarding conduct whilst using the product - or to applicable law, including and not limited to – reckless or negligent behavior whilst using the product – not abiding by traffic rules in the jurisdiction at hand etc.
6. Rental Period, parking and pick up
A User may rent a Product for as long as it remains charged. The user must keep track of the rental period. The User must be aware of how long he has had the rented Product in their possession and the amount of battery power remaining at any given time.
If the User does not return a Product to an appropriate location (i.e., more than 20 km outside the defined service area, on privately owned land, or in a place where it is difficult to find or access the Product) Hopp reserves the right to charge the User a return fee that could range up to 500 EUR or an equivalent in the local currency. If a registered user leaves the Product outside the service area but within 20 km of it, Hopp reserves the right to charge a fee of 50 EUR or equivalent in the local currency to collect it.
When using the Product, the User must follow the parking rules set forth in these Terms. If there are specially designated zones for parking of Products i.e. electric scooters within a given city or town, the User must leave them in accordance with the above rules within those zones.
It is forbidden to park the Product in a manner inconsistent with the provisions of traffic law.
Parked Products cannot in any case block the road or sidewalk or otherwise prevent or impede traffic or pedestrians;
The Product should be parked in an upright position in a way and in a place visible to other users.
The User shall take a parking photo at the end of the ride – if that duty is not withheld Hopp reserves the right to charge a fee of 30 EUR or equivalent in the local currency.
Any fines or costs incurred from third parties namely governmental institutions due to reckless parking or in breach of these terms and applicable law are the User’s responsibility, if Hopp is charged by third parties those fines or costs will be charged to the User’s account by Hopp, see further provision 7.3.
7. Financial terms and conditions
7.1 Price and payment
The User can rent access to Products for a per-minute fee according to Hopp price list, which can be found in the App. Please note that Hopp reserves the right to change the prices. Hopp prices include the applicable taxes and other fees. Payment of fees will be handled using the payment method the User chose when setting up the User account. All payments are routed through a third-party payment portal.
If the User wishes to lodge a protest against a payment charged to the User’s account, the User must notify us within 30 days of the end of the trip concerned. In order to resolve such matters, Hopp needs access to information on certain trips, including the date, point of origination, and end location. In general, Hopp does not issue reimbursements for the use of its Products, but Hopp does examine each case individually.
7.2 Bonus points
On certain occasions, or in connection with special events, Hopp may award bonus points that can be used to rent Products. Such arrangements may be subject to special terms and conditions pertaining to each occasion/event. The User should read those terms and conditions thoroughly before deciding to use the bonus points. Hopp restricts the use of such points, the registered owners may not merge bonus points for several occasions/events and use them all at once; instead, at any given time, users may only use points for a single occasion/event. Furthermore, the User is prohibited from selling or giving away their bonus points. If they do so, Hopp reserves the right to invalidate the Users points.
7. 3 Fines and fees
When the Products and Services are used, the registered user must comply with the laws and rules governing the use. If the User is fined for their use, if the Product is impounded or removed by the police or governmental officials, or if the User is penalized in some other way while using the Product, the User is solely responsible for it.
Any fines incurred because of the aforementioned shall be paid by the User. For expediency, and cooperation with government officials in their enforcement of applicable laws, Hopp may pay the amounts the User owes on the User’s behalf and provide the necessary information requested by the governmental agencies. In those instances, or if Hopp is charged, the User is required to reimburse the cost plus any applicable costs associated with third-party collection within reason and applicable law. For damage and other injuries Hopp refers to provisions 5 and 8 of these Terms.
By agreeing to these terms and conditions, the User agrees that Hopp may charge the User for this through the payment method specified in the User’s user account; furthermore, Hopp may need to contact the User to gather further information.
8. The User’s responsibilities - liabilities
There is a risk associated with using Hopp´s Products, including due to malfunction. They may cause property damage, injury or even death to the User or others. Subject to the above, by using our services, the User agrees that the User understands and undergoes these risks. It is the User’s responsibility to use our services safely and the User is responsible (according to local law) for any harm the User causes to other people or property (unless something Hopp did or didn’t do was the actual cause of such harm). This is further reiterated in provisions 5 and 7 of these Terms.
To the extent permitted by applicable law and subject to provisions about damages and fines in these Terms, the User agrees that the User is responsible for any and all claims, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with: the User’s breach of any of these Terms or applicable law and the User’s violation of the rights of any third party. the User agrees that the obligations will survive any termination of these Terms, the User’s user account or the User’s access to our Services generally.
9. Collecting of information and privacy
Hopp collects the User’s personal information in order to provide the Services to the User - including and not limited to - the User’s name, contact and payment details so that the User can register for an account with us and use our Services, and the User’s trips.
Please read Hopps privacy policy for further information https://hopp.bike/privacy-policy
10. Limited license and ownership
The Products and Services are Hopps exclusive property, and the Users usage of them does not transfer any ownership rights. Using the Products and Services does not give the User ownership of any intellectual property rights to Hopps Products and Services or the content the user gains access to, except for the limited license granted to the User above, all rights therein (including all intellectual property) belong to Hopp or Hopps licensors. The User may not use content from Hopps Products and Services without Hopp expressed prior permission or as otherwise permitted by law. These Terms do not grant the User the right to use any trademarks, branding or logos used in Hopps Products and Services or otherwise, including in any advertising or publicity or to imply endorsement in any way. Please do not obscure or alter any legal notices displayed in, along with or in connection with Hopps Products and Services.
11. Termination
If the User culpably breaches these Terms, Hopp is entitled to terminate the use of the Products and Services, the App and deactivate and cancel the Users account. In the case of minor infringement, the User will be notified by Hopp and asked to stop the infringement. If the User does not, Hopp can terminate their account and limit access to the Products and Services. In case of such termination, the User is not entitled to reimbursement for paid rental. The right to extraordinary termination remains unaffected.
12. Disputes – jurisdiction and miscellaneous
These terms are governed by the law wherein the franchise in which the Registered user has entered into this agreement is located.
In any other case or if jurisdiction is somehow unclear this agreement is governed by the laws in the country the Products and Services were used.
If a dispute should arise between the parties, they shall first and foremost attempt to resolve it among themselves.
Otherwise, the dispute shall be referred to the domestic court where the usage of the Products and Services partook.
However, if you are a consumer rather than a business user, and you live in a European Union country you may have certain mandatory applicable laws which apply for your benefit and protection in addition to, or instead of, certain provisions of Icelandic law. If you meet this description, you can choose to bring legal proceedings in either your country, where the franchise is or in Iceland. Hopp may choose to bring legal proceedings in the Icelandic court.
In all other situations, any dispute between you and us regarding these Terms will only be dealt with by the Icelandic courts.
If that applies in your jurisdiction, The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest to you. It is your choice to use it if there is a dispute regarding these Terms that cannot otherwise be resolved.
Feedback
In case of feedback, requests or if the User is not satisfied with the services, please contact our customer support through our in-app chat.