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Terms & Conditions
By using Lainappi Oy:n (Y-tunnus: 3129437-1, including “Lainappi”) services you accept the following (“Terms & Conditions) and pledge to agree to comply with them. It is advised to read through the following Terms & Conditions of Lainappi before using the services. These Terms & Conditions also include insurance terms, to view the insurance terms click HERE. These Terms & Conditions are originally drawn up in Finnish. If any translated version of these Terms & Conditions conflicts with the Finnish language version, the Finnish language version shall be adhered to.
1 General
1.1 “Lainappi-Service” or “services” means providing a digital application, website and other organized services for its “Users”.
1.2 The use of Lainappi or parts of its service requires that the User has first read, understands and accepts the Terms & Conditions. By accepting the Terms & Conditions, registering to the service, downloading the app or by using the service in another form you acknowledge and accept these Terms & Conditions.
1.3 Lainappi reserves the majority of its changes to the Terms & Conditions. If the Terms & Conditions are changed, Lainappi will inform about the changes to the end of the Terms & Conditions, informing also when the change has been done (by date). Reforms to the Terms & Conditions come into force at the earliest when:
a) The change has passed seven (7) days; or
b) You are using the service for the first time after change to the Terms & Conditions.
1.4 If you do not accept the Terms & Conditions you are not eligible to use or be a part of the use of the services that Lainappi provides. When taking the service into use, you accept and understand that you do not have a cancellation right. If you want to end the contract of Terms & Conditions you must immediately end the use of Lainappi services, delete your account and the service(s) from your device or request Lainappi service to remove it for you.
1.5 Applications that enable the use of Lainappi, such as mobile and tablet applications that are available to the User in Apple App Store, Google Play or any other service provider, are subject to that service provider’s terms.
2 Description of the services provided by Lainappi
2.1 The service enables the registered User (“User”) to rent items from other Users. The Users can rent their own items (“Owner”) and rent items from others (“Renter”). Lainappi service is limited to renting items, which means that offering other services is limited.
2.2 Lainappi service consists of mobile apps and a website www.lainappi.fi which acts as a platform between Users. Lainappi’s purpose is to organize a marketplace for consumers and businesses within a mobile app.
2.3 LAINAPPI AS AN OWNER: Lainappi as an enterprise may act as a party in rentals in Lainappi. Lainappi as an enterprise may be a party in a rental in the form of a rental offer or by renting through the Lainappi box. When renting from Lainappi (enterprise) or when Lainappi as an enterprise rents through the Lainappi service ONLY THEN Lainappi as an enterprise will be considered as a party of a rental. Owner’s and Renter’s responsibilities and obligations are applied to Lainappi as an enterprise when Lainappi as an enterprise acts as a party of a rental.
However, Lainappi is not a party of any rental(s) when Lainappi as an enterprise does not act as an owner or a renter in rentals that are completed through the Lainappi service. Other sections of these Terms & Conditions correspond to the use of the Lainappi service when Lainappi only acts as a service and Lainappi as an enterprise does not act as a party of the rental.
2.3.1 LAINAPPI BOX: A renter adheres to:
a) Checks their rental request carefully before sending it
b) Handles the rental item(s) carefully and in its proper use to avoid damage
c) To reimburse an item if the item gets damaged for any other reason than normal wear and tear. The renter is responsible for any and all costs of repairing, reimbursing or replacing the item
d) Notifies Lainappi immediately if any damage occurs
e) Returns the rental item(s) as agreed
2.3.2 LAINAPPI BOX: Lainappi box / Lainappi as an enterprise:
a) Owns the rental item
b) Adheres to provide accurate and necessary information in the rental offer
c) Provides instructions and other essential information of use regarding the rental if necessary
d) Is not liable for any damages resulting from the renter’s use of the rental item(s)
2.4 The provisions of the Consumer Protection Act concerning the 14-day right of withdrawal for home and distance sales and the collection of a returned product do not apply to a contract for the rental of items.
3 Registration
3.1 The use of Lainappi-Service requires registration in accordance with the instructions given in the service. Lainappi-Service is prohibited for minors (under 18 years old). It is prohibited to register if the User is under the age of 18.
3.2 Registration to the service requires accepting these Terms & Conditions. By registering to Lainappi you accept the following Terms & Conditions:
a) You are at least 18 years old and your legal capacity is not limited;
b) Lainappi has the right to inform its user’s about usage of the service and matters regarding rental items by email and by push-notifications.
c) The information given by the User is accurate, truthful, sufficient and fulfil the requirements of Lainappi’s Terms & Conditions. Registering a User to Lainappi with someone else’s credentials or other incorrect information is strictly prohibited. Lainappi does not take any responsibility of damages caused by falsified or inaccurate User information;
d) You maintain and update your information if they change;
e) An individual may only have one registered account. You acknowledge that your account and login details are personal and confidential. You agree to protect your account information and other corresponding information that may give access to the service;
f) If you suspect your User information or data, which will make it possible to access the User's account without authorization of the use of a third party, the User must immediately inform to Lainappi;
g) You are fully responsible for activities performed on your account in Lainappi-Service.
h) the disclosure of the information referred to below does not remove the “User's” responsibility for the actions performed on the User account; and
i) You agree to comply with other terms of this agreement.
3.3 Lainappi reserves the right to change the Terms & Conditions of this Agreement.
4 Interaction with other Users
4.1 You are solely responsible for your actions with other Users, regardless if the interaction takes place online or face to face. You agree to take precautions when interacting with other Users.
4.2 You acknowledge that in principle Lainappi does not review the Users actual individual nor their added content, however Lainappi has the right to remove content if it is against the Terms & Conditions of this Agreement. Lainappi is not responsible for third parties such as content added by Users or damages resulted by that. Users and Lainappi’s responsibilities are discussed more specifically in sections 6 (“Users responsibility of content”), 7 (“Misuse of service and User responsibility”), 10 (“Owner and Renters responsibilities and duties”) and 11 (“Lainappi’s responsibilities and obligations”).
4.3 You commit to release Lainappi of all responsibilities and damages that are caused by “User’s” (including you) behaviour when using Lainappi-Service. The previously mentioned freedom of responsibilities include any type of direct, indirect, specific and/or arbitrary and other similar damage including all financial losses, trauma, injuries, emotional difficulties and/or other damage that may be caused by any kind of interactions, agreements or behaviour with other Users or individuals that you encounter when using Lainappi-Service.
5 Rental offer
5.1 Rental offer should describe the specific items which are being rented. (“Rental offer”) The User is solely responsible for the rental offer, including the acceptability and lawfulness of the content of the rented item in question. Users should notably respect third party's copyright and intellectual property rights. Each of the “Users” (including you), who publishes a rental offer is solely responsible to which category(s) the item will be classified to. Inserting a rental offer to a specific category is conducted by the User, thereby Users acknowledge that Lainappi is not able, in any circumstance, to verify the viability of the category, the origin or authenticity of the item.
5.2 The User must either fully own the "rented item" or he/she has to have the necessary rights to rent the item, so that he/she is entitled to do a rental offer and offer items to rent for others in Lainappi service.
5.3 Lainappi does not interfere with the content of the actual rental agreement, because the rental agreement is an agreement tied between the “User’s”. However, Lainappi offers a rental agreement template to Users on its website and application that Users can utilize when making an agreement. Utilizing the rental agreement template does not make Lainappi part of the agreement nor does it make Lainappi responsible in any circumstance.
5.4 The rental agreement template offered by Lainappi is not intended to cause any kind of professional, legal or other advice, legal opinion or agency relationship, and it should not be considered or interpreted as such.
5.5 The Rental offer must distinctly express the main terms of the rental offer including but not limited to the following information:
a) Price of the rental offer. The Renter must submit the total price of the items, including tax;
b) The location of the items / User;
c) Other essential terms in renting.
5.6 The publisher of the rental offer is solely responsible for the information he/she decides to provide in the rental offer.
5.7 Lainappi-Service’s purpose is to solely rent items. Offering services is prohibited.
6 Users responsibility of content
6.1 The User is solely responsible for the material and information (“Content”), which he/she posts or in other ways transmits to another User via the Service. The User agrees not to post illegal or prohibited content to other Users. Prohibited material includes the following content:
a) Is offensive, threatening, improper, profane, abusive or which provokes racism, hate or any kind of damage or harm to any individual;
b) Disturbs or encourages harassment of other individuals;
c) Involves forwarding trash mail, spam or other mass communication;
d) Involves information or knowledge, which you know or should know by reason
e) Involves or contributes to the access to material or to forward material that offends or violates another individual’s rights, which includes intellectual property, property rights and rights regarding privacy, however not limited not the aforementioned list.
f) Involves secret or restricted login to a third-party website that includes a password;
g) Request login or personal information from other Users for commercial and illegal purposes; and
h) Involves or offers the access to material where underaged individuals in a sexual or violent manner;
i) Provides guided information or knowledge of illegal activities, such as the transmission of firearms, drug production, virus production and or distribution.
j) Enables commercial activities, competitions, raffles, pyramid schemes or advertising to be organized without separate written permission;
6.2 Lainappi reserves all rights to delete or modify content without a separate notification which it considers inappropriate in its sole discretion.
7 Misuse of the Service and User’s responsibilities
7.1 The use of Lainappi-Service for any illegal or against the Terms & Conditions is strictly prohibited. In addition, it is prohibited to use Lainappi-Service in a manner that may damage, prevent, overload or harm the function of Lainappi or the operations that take place through the service. The use of Lainappi-Service may not damage, prevent, overload or cause harm to the User experience.
7.2 You acknowledge and agree that Lainappi may monitor and delete any Content, messages or other material, which has been posted or sent via the Service. Lainappi is able to administer and if need be, prevent or delete Users, who violate the Terms & Conditions, active laws or by actions that result in harm to other Users. Lainappi has the right to delete Users who act against the Terms & Conditions immediately and or reject or cancel every activity, whether the User inflicts harm to the Lainappi-Service, to another User, to Lainappi or Lainappi's employee.
7.3 You acknowledge that you are solely responsible about what you post, how you communicate or what kind of items you rent via the Service, despite whether you collaborate or commerce with them. A list of examples of Lainappi-Service's illegal or incorrect usage can be found in the section 8 ("A list of examples of prohibited Lainappi-Service mode of operation") of the Terms & Conditions. A list of examples of prohibited Lainappi's Service items may be found in section 9 ("A list of prohibited items") of the Terms & Conditions.
8 A list of examples of prohibited Lainappi-Service mode of operation
8.1 The following Lainappi-Service misuse or illegal use is prohibited:
a) Degrading, defamatory, disturbing, threatening, persecutory, dangerous or otherwise violating legal rights of a third-party;
b) Inappropriate, profane, immoral, otherwise unsuitable or illegal information, name, title or other downloading, publishing, posting, displaying, offering, forwarding, spreading of material.
c) Providing files, software or other material protected by intellectual property rights or the protection of publicity and privacy, unless you own or control the rights to those rights or have obtained the necessary permits or consents to do so;
d) You are not allowed to upload, post, display, offer, forward or spread files that contain viruses, corrupted files or anything else that may damage the software, application or other devices;
e) You may not market, offer to sell or buy goods if you engage in business activities unless the Terms & Conditions specifically permit similar content;
f) Attempting unauthorized access to the data, User accounts, systems or data network of Lainappi or other Users or operators;
g) All attempts to search or test the vulnerability of Lainappi’s or any Users, suppliers or other parties system or network;
h) Harassment or attempted harassment of Users of the Service, Lainappi’s or its network, including the sending of spam and the deliberate overloading of the system (including, for example, mail bombings and floods);
i) Forgery of address information or alteration of e-mail headers to conceal the true identity of the sender or recipient;
j) Use of any service or application owned by Lainappi that violates the terms of any other network connection provider or Internet service.
k) Taking over or collecting third party data without the express consent of the third party. Such information may be, for example, name, e-mail address, telephone number or other similar personal information.
l) Display or offer items to the public that are on the list of prohibited items;
m) Use of the Lainappi service if you are unable to commit into legally binding agreements or if your right to use the Lainappi service is specifically restricted;
n) Circumvention or manipulation of Lainappi’s payment structure, invoicing process or payments due to Lainappi;
o) Measures that undermine the feedback or rating systems of Lainappi, including actions that use or process information obtained through the feedback or rating system for purposes other than the use of the Service;
p) Transfer of a User Account or Member ID without the consent of Lainappi;
q) The use of Lainappi Service in a country or state where Lainappi's activities could be considered subject to licensing or illegal; and
r) Other similar misuse, fraud or illegal use.
8.2 To clarity, the above list of examples is not an exhaustive representation of the prohibited uses of the Service.
9 List of prohibited items
9.1 The following is a non-exhaustive list of goods, objects or substances prohibited in the Lainappi service:
a) Alcohol, tobacco and nicotine products and other permits requiring substances such as certain chemical products.
b) Drugs, supplies for the use or production of drugs; prescription drugs
c) Animals or animal products
d) Artefacts, grave related items and remains, body parts, political relics, products that are manufactured by using endangered animal species (CITES-species);
e) Motor vehicles (excluding Light Electric Vehicle), catalytic converters and test tubes;
f) Mobile phone service packages and contracts;
g) Contact lenses, pacemakers and surgical equipment;
h) Cosmetics and other hygiene products;
i) Currencies, counterfeit currency, equipment to counterfeit currency, such as, stamps and credit cards;
j) Works for which the rental and lending rights do not expire on the first rent. Such prohibited items include, for example, films, books, e-books, game recordings and sound recordings, for which there is no separate permission from the right holder. The restriction also applies to pirated and other material that violates copyright law;
k) Surveillance equipment such as tapping devices, signal jamming devices, spying equipment, television and other equipment’s jamming devices, radars and traffic control devices, burglary equipment or other related items and equipment;
l) Event tickets, gift cards, discount coupons, discount codes.
m) Firearms and its equipment, firearms replicas, edged weapons and other power devices such as pepper sprays and paralyzers;
n) State documents, personal IDs and certificates such as driver’s license, ID’s, employee ID’s, access keys, passports, badges or other certificates;
o) Items related to government transportation such as airplanes manuals, public transportation driver’s manuals and uniforms, transportation equipment for the mail and other uniforms;
p) Harmful material such as batteries, fireworks, freons and other chemical substances;
q) Items that encourage illegal activities such as e-books that describe the production of drugs;
r) Mail lists, inhabitant records and other personal information containing personal information;
s) Army, police or office related items and other government controlled or restricted property;
t) Insulting, unsuitable or illegal material, such as ethnically or racially offensive material, pornography, child pornography or other material or items that are unsuitable for minors.
u) Pesticides and other biocides;
v) Properties, including buildings, lands and share of stock in a housing co;
w) Items that are tied to mortgage or lien, items that are withdrawn from the market and confiscated items;
x) Postage stamps, and other stamps; y) Shares, derivative contracts, promissory notes and other commercial papers;
y) Shares, derivative contracts, promissory notes and other commercial papers.
z) Stolen items. One of the hallmarks of stolen property can be, for example, traces of the removal of the serial number. Please, do not rent items if you suspect they have been stolen; and
aa) Grass, weeds, seeds, sprouts, fruits, vegetables and any other groceries
9.2 For the sake of clarity, the above list of examples is not an exhaustive representation of the goods prohibited by the Lainappi Service.
10. Owner’s and Renter’s responsibilities and obligations
10.1 The Renter or another User who wishes to do a reservation request for an item ("Reservation request"), pledges to review carefully the reservation request, the rental notification specified in section 5 of the Terms & Conditions ("Rental notification") and the rental agreement before sending or accepting a reservation request. If the Renter wants to suggest changes to the terms of a reservation request, any changes in the agreement must be done within the reservation request so that these changes constitute a counteroffer to the Owner to accept. For the sake of clarity, the Owner is not obligated to accept the changes proposed by the Renter.
10.2 The Owner may freely either accept or decline the reservation requests. Once the Owner has accepted a reservation request, the Owner and the proposed Renter may agree to the rental terms via rental agreement. For the sake of clarity, Lainappi is not a part of the rental agreement made between Users.
10.3 In the event of a damage of the rented item during the rental period, the Renter is liable -in the event of a conflict, where the insurance does not cover occurred damage, to compensate the present value of the leased property, unless the Renter has verifiable evidence that the property has not been damaged during the rental period. The present value is based on the current resale value of the corresponding product.
10.4 As a Renter you are not permitted to give the rented item to others without the consent of the Owner. It is forbidden to give the rented item to those who do not have the rights to use the item.
10.5 As a Renter you acknowledge that you are solely responsible to inform the Owner of possible damage. The Renter adheres to handle the rented item with caution to minimize damage and harm. The responsibilities and terms of the rental agreement made by the Renter and Owner may be further discussed in the rental agreement.
10.6 The Owner and Renter are solely responsible to adhere to the reservation request. The Owner commits to fulfil their obligation, such as to make sure that the listed items are available on the marked date and time and that the listed item represents what has been listed.
10.7 The Owner and Renter acknowledge that the responsibility to agree on the terms of the rental occasion, circumstances, rules, restrictions, and other factors, which affect the rental agreement are a legal act between the Owner and Renter.
10.8 Lainappi recommends that Users read through the insurance terms which can be found from the end of the Terms & Conditions.
11 Lainappi’s responsibility and obligations
11.1 The Lainappi service operates as a platform and a marketplace, which has been designed for Users that want to rent their or other’s items. Lainappi is not a middleman or representative of a Renter or an Owner. The purpose of Lainappi is only to facilitate access to the marketplace for Renters and Owners and to provide related services. Lainappi offers a payment service, but is not considered to be a party in the legal acts between Users. However, Lainappi as a company may act as an Owner or Renter, which is discussed in more detail in section 2 (“Description of the services provided by Lainappi”) of these Terms & Conditions.
11.2 Lainappi cannot be held accountable for rental agreements made between the Users. Lainappi takes no responsibility for the item’s quality, safety, legality or the truthfulness or precision of a rental offer. Furthermore, Lainappi does not take responsibility for the Owner’s eligibility to rent items they have listed or the Renter’s eligibility to rent or to pay for the rented items. Lainappi, as a third party, cannot guarantee that Users adhere, partially or fully, to Lainappi’s Terms & Conditions.
11.3 Lainappi has no obligation to offer Users a rebate or refund for reservations made in the application in case the Renter or Owner neglects their obligations described in their rental agreement. Lainappi takes no responsibility for damages that occur during the rental period and is not obligated to take part in solving them. Lainappi is not obligated to compensate User’s for the incurred damage.
11.4 Lainappi is not responsible for double rental reservations on an item which has been listed as a rental offer. Furthermore, Lainappi is not responsible for late returns or payment delays which are caused by “Users”. Lainappi recommends that Owners leave enough time between approved reservation requests to get the item(s) back from the previous Renter.
11.5 Lainappi is not responsible for the listed item’s condition. Lainappi recommends that the “Owner” and “Renter” inspect the item before signing a rental agreement and making sure that the exchange of the item takes place in person. Lainappi recommends that the Owner verifies the identity of the Renter before handing over the item.
11.6 Lainappi is not responsible for the possible deposit or collecting, apprehending, or returning a rent deposit of the “Owner” or “Renter”, or exacting an “Owner's” or “Renter’s” debt or performance.
11.7 Within the Lainappi-Service, third party sites and services may in some places be referred for example in the form of internet links. However, Lainappi is not accountable or responsible for these third-party websites, in which you may end up through the Lainappi-Service, or damage caused by them.
11.8 Lainappi is not liable for breaches of agreements due to circumstances beyond Lainappi’s control (force majeure).
11.9 Lainappi is not an employment service and does not operate as an employer for its Users. Lainappi is not responsible for the payment of taxes, withholding taxes or tax-like payments (including, but not limited to, employer’s liability, social security, withholding tax or income or VAT) in connection with the use of the Service. You understand and agree that if Lainappi is found to be liable for any tax or withholding tax arising out of your use of the Service, you must immediately reimburse Lainappi for the corresponding amount, including any interest and any administrative penalties. Lainappi reserves the right to set off the above-mentioned payments from the User to the User under the Terms & Conditions.
12 Payment terms
12.1 Accepting a rental reservation requires the submission of a valid credit card or information of other means of payment to Lainappi or to an external payment service provider used by Lainappi. Alternatively, Lainappi or a third-party service provider may have your payment information saved from a previous transaction. Lainappi will only save your payment information with your permission. Saving the information makes it easier to make future rentals.
12.2 Our Privacy Policy governs the processing, storage and use of information you submit to us, including credit card billing information. See our privacy policy at: www.lainappi.fi/tietosuoja. See also section 20 (“Privacy and Privacy”) for more information on our privacy policy.
12.3 You agree to pay for every item you rent via the Lainappi-Service. You are required to keep your account’s credit card and other payment information up to date.
12.4 The Owner and Renter commit to adhere to the Terms & Conditions of Stripe Inc. and MobilePay, which operates as a payment service provider. A third-party payment service provider enables monetary transactions between the Users and between the Users and Lainappi. If the Owner accepts the rental reservation sent by the Renter, the Renter’s credit card (or other means of payment) is charged for the amount, which has been agreed upon in the rental agreement. If the Owner does not accept the rental reservation you will not be charged for the retainer. When the transaction has been approved the funds will be delivered to the “Owner” according to the Terms & Conditions of Lainappi, Stripe Inc and MobilePay.
12.5 If you cancel your reservation request before the “Owner” has accepted it, Lainappi will approve your cancellation without expenses. A confirmed reservation request is binding and cannot be canceled if approved.
13 Pricing of the service and service fees
13.1 Downloading Lainappi-Service, creating rental offers, and browsing the Service is free. Lainappi charges a transaction fee for the Service for enabling the rental actions via Lainappi-Service. The transaction fee is charged from the “Owner” who determines his/her price of the rented item. As a “Renter” you comply to pay the amount the “Owner” has mentioned in the rental offer if you choose to rent the item. Additional services discussed below may also be charged. The User adheres to the following payments to be made from the Service.
13.2 Individual
a) The “Owner” is charged 20% of the total amount the “Renter” pays for the rented item. The “Owner's” service fee is deducted from the total amount of rent paid by the Renter before the residual value is credited to the “Owner”.
13.3 Business/Company
a) The “Business/Company” is charged 15% of the total amount the “Renter” pays for the rented item. The “Business/Company's” service fee is deducted from the total amount of rent paid by the Renter before the residual value is credited to the “Business/Company”.
14 Handing over the rented item, occupation during renting and returning of the item
14.1 The “Owner” adheres to hand over the item in good condition or in the mentioned condition, cleaned and to deliver the item in time. The “Owner” has an option to specify the condition of the item in the “Rental Agreement Template”. We recommend documenting the condition of the rented items (photos & videos with time stamps). You will find a template for a “Rental Agreement” within the Lainappi-Service. It is essential for the “Owner” and “Renter” to inspect the item’s condition, if a “Rental Agreement” has been made, before renting. It is the Renter’s responsibility to check the item’s condition and that it matches the described condition in the rental offer.
14.2 The Renter adheres to use, maintain, and store the rented item(s) appropriately and carefully, according to the instructions given by the Owner and the manufacturer. It is forbidden to modify the rented item without the express permission of the Owner.
14.3 As a Renter you are responsible for returning items you have rented to the agreed location and date in the same condition as you received the item before your possession of the item, excluding normal wear and tear. You understand and agree that as the Renter you are responsible for your own acts and omissions, and you are also responsible for the acts and omissions of all persons who you allow or grant access to use the rented item(s). You warrant that Lainappi is not responsible for any damage to the item(s).
14.4 The Owner cannot terminate the rental contract during the rental period, if not expressly mentioned in the rental contract.
14.5 The rented item(s) may not be serviced or repaired, and parts and accessories may not be replaced without the prior consent of the Owner.
14.6 The Owner keeps full Ownership to item(s) he/she decides to rent. The Renter must immediately inform the Owner if the rented item(s) are subject to foreclosure, collection, pledge, mortgage, or seizure. The rented item remains as the Owner’s personal property, even if it could otherwise be considered as a component or prop of a property.
14.7 The Owner is not responsible for any direct or indirect loss or damage that is caused by the Renter’s actions or use of the rented item. Thus, the Renter acknowledges that the damage and loss resulting from the use of the rented item(s) will remain as the Renter's detriment, unless the damage is caused by the Owner's flagrant or willful misconduct.
15 Disagreements and solving them
15.1 The Users are encouraged to solve disputes between Users by negotiating. Users acknowledge that Users are solely responsible for conflicts between Users and solving any conflicts or disputes by the involved individuals or Users (Owner and Renter). Lainappi is not involved in the Users’ (Owners and Renters) rental contract, thus not being a party in the dispute. However, if need be, Lainappi may contribute in solving the dispute by revealing information about the content of the rental offer or transaction to reach an agreement. You understand that Lainappi is not responsible for solving or helping to solve disputes or conflicts.
15.2 Lainappi as a third-party is not accountable for any costs incurred in a dispute between Users, such as legal fees and other legal costs.
16 Feedback
16.1 Lainappi will gladly receive feedback, comments, or suggestions to further improve the Lainappi-Service. You may send us feedback via email, through Lainappi-Service or by other means of communication. Lainappi receives the copyright and other intellectual property rights related to the feedback received free of charge. You acknowledge that feedback Lainappi receives will be held as property of Lainappi and non-confidential. Subject to the restrictions on the use of personal data set out in Lainappi’s privacy policy, Lainappi is free to use and / or distribute the materials submitted without restriction for any purpose.
17 Limitations of responsibility and warranty
17.1 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Lainappi, and its Owners, board members, CEO, employees, agents, agents, suppliers, licensors, principals, from all losses, claims, causes of action, obligations, liability, accountability and damage, liability including any indemnified legal costs arising out of the use of the Service, activities related to you, or any breach of any section of these Terms & Conditions.
17.2 Lainappi makes no warranties or other representations about the service it provides, the content of the services, the functions of the services, their reliability, availability, or ability to meet your needs. Lainappi disclaims all liability and warranties which are not expressly represented in these Terms & Conditions. Lainappi is not responsible for interruptions or damage caused by interruptions within the Lainappi service. Furthermore, Lainappi is not responsible for technical defects, maintenance or installation operations or loss, change of data included in the Service caused by system load or other data transfer problems caused by third parties. You acknowledge that access to and use of the Service may be restricted if it is updated, the Service becomes congested, something unexpected happens or for other reasons.
17.3 Lainappi is not responsible for the accuracy, timeliness, completeness, or suitability to a certain purpose and does not give any warranties or guarantees related to the presented information within the Service. Lainappi is not responsible for any damage caused by third-party websites, or services, which you may end up in through Lainappi service.
17.4 Notice that Lainappi’s responsibility is discussed particularly in section 11 (Lainappi’s responsibility and obligations”) of the Terms & Conditions.
18 Validity and dismissal
18.1 These Terms & Conditions are effective between Lainappi and its “User” for as long as the “User” has an account in Lainappi-Service. Users may discontinue using the Lainappi service whenever. You may close your Lainappi account whenever, by following the instructions given within the Service. Termination of the Terms & Conditions does not excuse you to neglect ongoing or accepted reservation requests and terms related to them. Please note that terminating the Agreement between Lainappi and you will not relieve you of any legal action taken with other Users, such as a rental contract.
18.2 Nor does the termination of the contract nullify any conditions which, by their nature, are intended to remain effective after the expiration or termination of the contract. These terms, which stay effective despite terminating the contract are, but not limited to: Responsibilities described in the Terms & Conditions, indemnities, form of damage, data protection, settlement of disputes, protecting property rights and typical terms, which are discussed in sections 6 “User’s responsibility of Content”, 7 “Misuse of the service and User’s responsibilities” 10 “Owner’s and Renter’s responsibilities and obligations”, 12 “Payment terms”, 13 “Pricing of the Service”, 17 “Limitations of responsibility and warranty”, 18 “Validity and dismissal”, 19 “Intellectual property rights”, and 22 “Other Terms & Conditions”.
18.3 Lainappi may terminate the upkeep of the Lainappi service permanently or temporarily at any time and for any reason. If the upkeep of the Service is suspended or terminated, the User is no longer entitled to use the Service.
19 Intellectual property rights
19.1 Intellectual Property Rights means copyright and related rights (including, but not limited to, protection of photographs, catalogs and databases), patents, design rights, utility models, trademarks, commercial names, trade secrets, know-how and any registrable or unregistered intangible rights.
19.2 All intellectual property rights (for example, copyrights and related rights to text, graphics, images, data, software, sound and other files, or the selection and presentation of intellectual property rights) to the Lainappi service or related content, information or parts thereof are the sole property of Lainappi and / or its subcontractor’s or licensor’s property. Lainappi does not grant any intellectual property rights to the Lainappi service to Users or third parties in the Terms & Conditions. The Subcontractors and Licensors of Lainappi shall reserve all rights not expressly granted in the Terms & Conditions.
19.3 You agree not to use any Intellectual Property Content except to use the Lainappi Service in accordance with these Terms & Conditions. No part of the Lainappi Service may be copied, reproduced, modified, mirrored, shared, downloaded, posted, sent, republished, or sold in in any form, in whole or in part, or by any means, except as expressly permitted in the Terms & Conditions. You may only use the Lainappi Service by means expressly approved in the Terms & Conditions.
19.4 You may not use any data mining, robot, scraping or similar data collection or retrieval methods to obtain the Service Content. By using the Service, you grant Lainappi Ownership and other rights to all information you provide free of charge. Subject to the restrictions on the use of personal data set out in Lainappi's data protection policy, Lainappi is free to use and / or distribute the materials submitted without restriction for any purpose.
19.5 Access to the service and its use does not issue or grant you the right or license to reproduce or by other means to use Lainappi’s name or any trademarks, service marks, designs or logos of Lainappi or a third-party.
20 Data protection and Privacy
20.1 Lainappi processes Users' personal data in accordance with the terms of the data protection, data protection legislation and data protection policy. Lainappi’s Privacy Statement and Privacy Policy are available at www.lainappi.fi/tietosuoja. By using the Service, you agree to the terms of this Privacy Policy.
21 Applicable law and dispute resolution
21.1 These Terms & Use are governed by the laws of Finland, excluding its choice of law regulations and apply only inside Finland. These Terms & Conditions have been prepared in accordance with Finnish law.
21.2 Lainappi always seeks to resolve disputes concerning the Terms & Conditions or the Service by negotiation. If a negotiated solution cannot be reached on the subject matter of the dispute, all disputes arising from these Terms & Conditions between the Users and Lainappi shall be finally settled in arbitration in accordance with the rules of the Arbitration Board of the Central Chamber of Commerce. The place of arbitration is Tampere, Pirkanmaa and the language of the proceedings is Finnish. The judgement of the arbitrator shall be final, binding both Parties and may be enforced by any court of competent jurisdiction. Unless otherwise provided by the applicable law, each party shall cover its own costs, regardless of which party is considered to be the dominant party to the arbitration proceedings.
22 Other Terms & Conditions
22.1 This Agreement is originally drawn up in Finnish. If any translated version of this Agreement conflicts with the Finnish language version, the Finnish language version shall be adhered to.
22.2 These Terms & Conditions form the entire agreement between Lainappi and you replacing previous conversations and correspondence regarding the Lainappi service between parties.
22.3 If any part of these Terms & Conditions is held to be invalid or unenforceable, that part will be amended to comply with applicable law to the fullest extent possible to reflect the original intentions of the parties, and the remaining parts will remain in full force and effect.
22.4 If Lainappi does not utilize any right under these Terms & Conditions, it will not result in a waiver of that right or any other right.
22.5 When interpreting the Terms & Conditions, the content of the Terms & Conditions takes precedence over the title of the Terms & Conditions. The Contra proferentem rule applicable to the interpretation of the agreement shall not be applied to the detriment of the author of the Terms & Conditions. The User is obliged to read the contents of the Terms & Conditions carefully before accepting the Terms & Conditions. The Terms & Conditions have been prepared for the benefit of Lainappi and the User, as the Terms & Conditions set out and specify the rights and obligations of the parties.
22.6 You agree to comply with all local, regional, and national laws, regulations, ordinances, and regulations applicable to your use of Lainappi.
Insurance terms
General
These insurance terms and conditions apply to the customer ("Lessee" or "Policyholder") who is entered into a lease for the property with a peer-to-peer service provider with the owner of the property ("Lessor" or "Beneficiary"). Tenants are used together with the term "Group" in these insurance terms and conditions.
Damage caused to the leased property is primarily compensated to the Lessor insurance of the leased property.
This insurance replaces the property leased in accordance with these insurance terms damage to the Lessor from deductible damage or other such sudden and unforeseeable damage to the lease as defined in the terms of the insurance other property insurance is not reimbursed and for which the Lessee would be with the Lessor liable to the Lessor on the basis of the lease agreement entered into.
The service provider, as the group's representative, has entered into a group preference agreement with the insurance company WR Berkley Insurance AG, Swedish branch (company code 516410-2070), WR Berkley Europe AG With a Swedish branch, ("Insurer"). According to the group preference agreement, everyone Tenants who lease the Lessors ’property are members of the Group and are covered by insurance under these terms and conditions. The insurer's representative and agent in this group benefit insurance is Omocom Ab ("Omocom"), which is registered as a service provider in the register of the Financial Supervisory Authority.
1. Who is covered by the insurance
The insurance is valid for the benefit of the Beneficiary entered in the insurance policy. The insurance is valid only if if the Policyholder and the Beneficiary comply with the terms of use of the Service Provider.
2. When is the insurance valid
The insurance covers damages that occur during the term of the insurance (insurance period). The insurance is valid for the rental period, if the insurance premium has been paid. The insurance is valid up to 90 days.
2.1 Extension of the insurance period
The insurance period cannot be extended.
2.2 Termination of insurance
A member of the group may terminate the insurance at any time by notifying Omocom or the Insurer in writing. There is no right of termination if the insurance period is less than 30 days. The insurance premium will not be refunded if the amount to be refunded is less than 8 euros.
3. Where the insurance is valid
The insurance is valid for damage to the leased property in the Nordic countries.
4. What insurance covers
The insurance covers the property and equipment mentioned in the insurance policy as follows:
4.1 Deductible
In cases where damage, loss or theft of property belongs to another tenant covered by property insurance (for example, home, business or motor insurance), the insurance replaces the Beneficiary's insurance indemnity deducted from the property insurance deductible up to a maximum of EUR 1,000.
4.2 Sudden and unforeseen damage
If the leased property is not reimbursed by the Lessor's insurance under Section 4.1 Deductible the insurance covers the theft of property in accordance with these terms and conditions, due to disappearance or other sudden and unforeseeable damage damage up to a maximum of EUR 3,000.
The insurance cannot be reimbursed as well as Section 4.1. Deductible that Section 4.2 Sudden and unforeseen damage on the basis of the same damage event.
4.2.1 Property excluded from sudden and unforeseen damage
The insurance does not cover the following assets:
• Caravan & motorhome
• Motor boat
• Sailboat
• Jet ski
• Medium and heavy truck (weight over 3,500 kg)
Damage to the property mentioned in this clause that is not covered by the insurance may be indemnified with deductible compensation in accordance with section 4.1.
4.2.2 Deductible - only certain assets
In the event of sudden and unforeseen damage, the insurance applies a deductible of EUR 150 in the event of damage to the following assets:
• Motorcycle
• Passenger car, light truck and van
• Trailer and trailer
The deductible is paid by the Policyholder who is the Policyholder.
5. What insurance does not cover
5.1 War, terrorism and riots
Compensation shall not be paid for damage the occurrence or extent of which is directly or indirectly through war, war-like events, civil war, revolution, rebellion, riot, terrorism, sabotage or unauthorized power activities or related to them.
5.2 Scratches, wear and damage caused by slow - moving events
Compensation will not be paid for damages caused or resulting from
• change due to age
• change in color or shape
• rubbing
• wear and tear
• mold
• coating
• inadequate maintenance or care
• other damage that does not affect the operation of the property, such as superficial scratches and bumps
5.3 Consumables and natural wear
Insurance does not replace
• damage to consumables or consumables
• natural wear and tear due to use or aging
However, this restriction shall not apply in the event of fire damage or if the Beneficiary or The policyholder can prove that the damage was caused by a sudden and unexpected for an external reason, regardless of whether the property has been in use.
5.4 Fraud, embezzlement or similar property crime
Compensation is not paid for fraud, embezzlement or similar property crime damage caused.
5.5 Force majeure
The insurer shall not be liable for any loss which may arise if the claim, payment of compensation or restoration of damaged property is delayed for the following reasons
• war, war-like event, civil war, revolution, rebellion or riot
• labor market dispute - also applies if the insurer has taken action industrial action
• confiscation or nationalization
• seizure, destruction or damage to property by the government or by order of the competent authority.
5.6 Supplier Warranty
The insurance does not cover defects in property that the supplier or other party is liable under any special law, warranty or other similar obligation. Compensation however, may be performed if the Policyholder or Beneficiary can demonstrate that: the person responsible will not compensate or pay for the damage.
5.7 Liability to third parties
The insurance does not cover liability to any lessee of the leased property or the lessee the other potential user of the property has against third parties.
5.8 Excluded assets
The insurance does not cover the following assets, including equipment for such assets: • Aircraft, including drones
• Weapons and weapon parts
• Jewelry, genuine pearls, precious stones and watches
• Already damaged property
• Live animals
• Tobacco and alcohol
• Cash and securities
• Antiques
6. Duty of care
The Lessee and the Lessor shall, as far as possible, prevent damage birth.
During transport, the property must be packed and protected in such a way as to minimize the risk of damage small.
The vehicle or trailer must be locked as well as the windows, doors and other items in question access routes must be locked. The property must be separately locked when stored ns. in common areas accessible to, for example, residents of a housing association.
Jewelry or other valuables or prone to theft must not be left in the vehicle or trailer objects unless they are there in a separately locked state.
The keys must not be left or hidden in the vicinity of the vehicle or trailer or their storage rooms.
The names and address must not be marked on the keys, which can already reveal the property to the key finder location.
The lock must be replaced or re-serialized immediately if the key is lost to outsiders taken over.
To prevent damage from theft, the keys must not be kept visible or unlocked in a place where the bystander knows in advance or can assume that the keys are present.
7. Notification of damage
Damage must be reported to Omocom as soon as you become aware of the damage. The announcement is made Through the application of the service provider or a notice on its website. If you have If you have any questions, please contact us at +46 8 520 278 70 or by email at hello@omocom.se.
In the event of damage, you must provide
• a completed claim
• a copy of the crime report in case of theft or other crime
• a copy of the receipt or other proof of purchase
• a copy of the primary property insurance company's indemnity decision
7.1 This will compensate for the damage
Once you have notified Omocom of the damage, Omocom will decide how to compensate for the damage. Damage can be compensated by repairing the property, replacing the property with similar property or cash compensation. If repairs are made, Omocom has the right to decide repair method.
If Omocom has agreed that the damage will be repaired, please contact us for trust to the workshop you are looking for and ask for a quote from Omocom. Omocom has then the right to decide where the property will be repaired or where it will be purchased. Property as the owner, you must, with Omocom 's consent, order the repair and accept the work done, or complain about it.
For small operations such as self-repair, washing of textiles and small compensation may be paid for self-employment. My own work means material costs and fixed costs of time spent on work.
When repairing, priority must be given to the parts used. If there is no market available for the used part at the time of compensation, you can receive compensation for the amount that the part used would probably have paid off.
If the goods are not repaired, Omocom will consider the pre-injury market value and the difference in market value after injury, ie impairment. At market value Omocom means what it costs to buy a similar property in the same condition as damaged, or if it is not available for purchase, what it would probably have paid if it did would have been available for purchase.
If you do not follow Omocom's instructions above, the insurer's liability will be limited costs that would have been incurred if the instructions had been followed.
8. Damage assessment rules
8.1 Depreciation of age
Damage to or loss of property is valued at the amount by which the property restoration pays for its fair value. Fair value means the value of the property, taking into account the age and condition of the property at the time of the damage.
The property is valued according to the table below. Omocom bases its assessment on what in a transaction deemed to be normal, the purchase of new equivalent assets will pay if the property would be available for purchase or what it would probably have paid for. From this price Omocom makes depreciation due to age, wear, pattern changes and / or other conditions. Depreciation are taken into account in the Insurer's liability.
For items not listed in the table or if a valuation according to the table comes unreasonable, the value of the asset is determined using available valuation tools such as marketplaces and object appraisal services.
8.2 Participation in damages proceedings
You must contribute as much as possible to the event of injury be clarified as soon as possible. In particular, you need to provide those explanations and information that may be relevant to the treatment of the damage. You have to answer in particular
questions raised by the claims officer. If the Insurer suffers damage due to your non-participation, your compensation will be reduced according to the circumstances can be considered reasonable. The insurer always has the right to take over the indemnity property. If you get back property for which you have received compensation, you will need to return it immediately to Omocom.
8.3 Causing insurance events
The insurance is not valid if you have intentionally caused damage or aggravated the damage consequences. If, instead, you have caused damage or aggravated the consequences of the damage gross negligence, compensation may be reduced. The same is true if you have acted or knowing that there is a significant risk of injury.
8.4 Incorrect information in the event of damage
If you or someone else seeking compensation after an injury is intentional or aggravated negligence fraudulently disclosed, concealed or concealed any of this insurance relevant to the assessment of the right to compensation under this Regulation, compensation may be reduced or reduced may be waived in full.
8.5 Damage inspection
The insurer has the right to inspect the damage, so we ask you to keep it property until the damage is settled.
9. Limitation Period
Anyone wishing to obtain insurance indemnity or other insurance coverage must notify Omocom no later than one year after the claimant has become aware of the insured event and the consequence of the damage caused by the insured event. A claim for compensation is which within ten years of the occurrence of the insured event after the damage has been discovered, or else the right to compensation will be lost.
10. Right of withdrawal
From the moment the Insurer has paid the indemnity, your right to claim compensation from you will be transferred to the Insurer.
11. Insurer
WR Berkley Insurance AG, Svensk Filial, org.nr 516410-2070, branch office of WR Berkley Europe AG
Birger Jarlsgatan 22
114 34 Stockholm
Phone: 08-410 337 00
Email: sverige@wrberkley.com
Website berkleyforsakring.se
WR Berkley Insurance AG is supervised by the Finnish Financial Supervisory Authority.
12. Insurance Contracts Act
In other respects, the provisions of the Finnish Insurance Contracts Act (543/1994) apply to this insurance
13. Personal Information
Both Omocom and the Insurer process personal information under the General Privacy Policy (GDPR), other relevant legislation, government regulations and each company in accordance with the information on the processing of personal data provided on its website (see www.imy.se, omocom.insurance and berkleyforsakring.se/data-sakerhet/). Contact us if you want that you will be sent the business information of each company.
14. If you are dissatisfied with the compensation solution
Reassessment
First - contact Omocom
If you are not happy with the decision made in your case, you can always ask for a decision to be re-evaluated either by contacting Omocom for a possible misunderstanding or by writing to hello@omocom.insurance,
Look more information on Omocom's website.
Omocom
Birkagatan 1
113 36 Stockholm
Phone: 08-520 278 70
Email: hello@omocom.insurance
Website omocom.insurance
Consumer Disputes Board or District Court
If the matter has been reopened and you are still not satisfied, you have the opportunity to turn around to the General Consumer Disputes Board, which handles complaints from individuals free of charge. An appeal against the insurance company's decision must be made within three (3) years of receiving it written information about our company decision and the said three-year deadline.
Consumer Disputes Board
Hämeentie 3
PL 306
00531 Helsinki
Telephone: 029 566 5200 (exchange)
Email: kril@oikeus.fi
Website: www.kuluttajariita.fi
An appeal can be lodged with the Helsinki District Court.
15. Glossary - Definitions
Consumer goods
Fuels and lubricants, cloths, outer and inner tubes, covers, filters, ropes, seals, belts, chains, stones, tracks, conveyor belts, conveyor plates, wires, rollers and other materials intended to be used in a considerably shorter period than the property, for which the material is used.
Beneficiary / Lessor
The person who leases the insured property mentioned in the insurance policy.
hello@omocom.insurance https://omocom.insurance Phone: +358 2724 9199 Birkagatan 1, 113 36 Stockholm
Policyholder / Tenant
A person who has entered into an insurance contract with an insurer.
Insurance contract
The contract for each insurance, applicable to each insurance and containing: the application to join the insurance, the insurance conditions in force at the time, taking into account the latest insurance policy, the Insurance Contracts Act (543/1994) and Finnish law provisions in general.
Sum insured
The amount to which the Beneficiary is entitled in the event of an insured event.
Insurance policy
A document drawn up as soon as the declaration has been notified or amended and contains the information the scope and duration of the insurance, the fundamental rights and obligations in relation to the insurance and the important limitations of the insurance cover.
Insurance event
An event or events or damages that may entitle you to pay for insurance insurance indemnity.
Insurer
An entity that has entered into an insurance contract with a policyholder and is liable to pay the insurance indemnity in accordance with the insurance contract.
Insurance period
The period for which the insurance is valid and for which the insurance premium has been paid.
Representative of the group
The party who has entered into a group agreement with the insurer.
Group agreement
An agreement between an insurer and a group representative that governs what insurance coverage applies Group members have the opportunity to apply. An existing group agreement is a precondition for: individual insurance contracts may be concluded in accordance with these insurance terms and conditions.
Member of the group
The party belonging to the group who is entitled to apply for insurance can be determined in advance. Here in this case, the group includes all those who have leased the Lessor's property On the platform provided by the service provider.
Wearing tools
Molds, knives, crushing tools, drills, crimping and punching tools, shafts and others on the market available standard tools.