Terms and Conditions for KINTO Share and KINTO Flex
Terms and conditions – KINTO Share and kinto Flex
21-10-2021
1. INTRODUCTION
1.1 These Terms apply to the rental of passenger cars and vans through KINTO Share and KINTO Flex, which is owned and run by Toyota Danmark A/S.
1.2 KINTO can be contacted as follows: KINTO, Toyota Danmark A/S, Dynamovej 10, 2860 Søborg, Denmark, email: kundeservice.share.dk@kinto.services, Tel. no. +45 80 20 30 40
1.3 Rental through the Service is available to individuals for Private Use and to company employees (both for Professional Use and Private Use) when the User has created a KINTO Account and the company has been approved for rental for Professional Use.
1.4 By ticking the “I agree” checkbox when registering for the Service, the User and the company confirms to have read and accepted these Terms. These Terms form part of the agreement (the “Agreement”) entered into between us and the User regarding the use of the services KINTO Share or KINTO Flex as applicable, through which the User may rent a Vehicle from us on the terms and conditions set forth in the Agreement.
1.5 Depending on the choices made by the User upon making a reservation on the Website or the App, the User either uses KINTO Share or KINTO Flex for the rental. KINTO Share is an all-inclusive car mobility solution where the User obtains access to a wide range of cars, available for pick-up 24/7. KINTO Flex is a short-term leasing alternative, where the User may lease a specific car for a period of 30-365 days.
2. DEFINITIONS
2.1 “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under joint control with another entity;
2.2 “Active Rental Period” for KINTO Share means the period from when the User has started a rental by unlocking the Vehicle via the App or our customer service and until the User has returned the Vehicle to the location designated by us, locked the Vehicle and ended the rental via the App or our customer service. For KINTO Flex “Active Rental Period” means the period beginning as set out in the reservation and ending at the expiry of the Rental Period when the User returns the Vehicle and its keys to the location where the Vehicle was picked up or another location designated by us;
2.3 “App” means the mobile application for iPhone and Android designed and owned by TDK that serves as a mean for accessing the Service (including related documentation, content, materials, digital images, stock photographs, clip art, fonts, sounds or other artistic works provided in conjunction therewith);
2.4 “Fuel Card” means the payment card the Vehicle is equipped with and which the User shall use when paying for fuel for the Vehicle from the gasoline station chain for which the Fuel Card is valid.
2.5 “KINTO’s online booking system” means the Website and the App (as applicable);
2.6 “KINTO”, “the Company”, “we”, “us” and “our” means TDK.
2.7 “Account” means the User’s or the Company’s Account which may be administrated via KINTO’s online booking system;
2.8 “Price List” means the price list applicable from time to time for payment for the use of the Service, including payment for the use of the Service and additional fees. The currently applicable Price List is available on the Website;
2.9 “Private Use” means the User’s use of the Service outside of the User’s employment commitments;
2.10 “Professional Use” means the User’s use of the KINTO Share Service as part of the User’s employment with the User’s employer;
2.11 “Rental Period” means the period for which the User has rented a Vehicle;
2.12 “Service” means the KINTO Share car sharing service or the KINTO Flex service, as the case may be, made available to the User via KINTO’s online booking system;
2.13 “Support” means the provision of support services by us, one of our Affiliates or a Third-Party Service Provider in respect of the User’s use of the Service in accordance with Section 13 below;
2.13 “Terms” means these terms and conditions;
2.14 “TDK” means Toyota Danmark A/S, Company reg.no. 48456316, Dynamovej 10, 2860 Søborg, Denmark;
2.15 “Third Party Service Provider” means any service provider other than TDK or any of our Affiliates involved in providing the Service or the Support to the User;
2.16 “User’s Payment Card” means the debit card or credit card registered by the User for payment of the use of the Service.
2.17 “Vehicle” means a passenger car or a van, which the User rents by using the Service.
2.18 “Website” means the websites available at https://kinto.services/dk/kinto-share and https://www.kinto-mobility.dk/kinto-Flex (as applicable);
2.19 “User”, “the User” or “the User’s’” means any natural person that has subscribed to the Service.
3. USING OUR APP
3.1 The App is licensed to the User and not sold to the User. The User may install or access the App for free (except for the potential cost charged by the User’s mobile operator), on the User’s mobile device.
3.2 Subject to the User’s agreement to and compliance with these Terms, we hereby grant the User a limited, non-exclusive, non-sub-licensable, non-transferable license (as applicable) to (a) install or access the App on one or more compatible mobile device(s) owned by the User or under the User’s legitimate control, and (b) use the App to access the Service, view documentation, materials, information, and data presented to the User via the App and (c) input data and other information via the App.
3.3 The Internet connection required to use the App, and any associated charges (e.g. mobile data expenses) incurred by the User’s use of the App are the User’s exclusive responsibility and made solely at the User’s expense. Transmitting and receiving real-time updates to and from the App, requires an online (e.g. Wi-Fi, 3G, 4G, 5G, LTE) connection between the User’s mobile device and the Internet. The costs for such connection are as prescribed by the agreement between the User and the User’s provider, and according to its applicable terms of payment.
3.4 The User may receive updates, bug fixes, feature enhancements or improvements, or other data relating to the App that can be downloaded to the User’s mobile device.
3.5 All Intellectual Property Rights, title, and interest in and related to the App and the software supporting the Service belong to TDK and/or its licensors.
3.6 The User may not, by himself/herself or through any other means or person, (a) sell, rent, lease, re-sell, loan or otherwise provide access to the App to any third party; (b) reverse engineer, decompile, modify, disassemble, or create derivative works of the App without our advance consent; (c) attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats, data structures or other aspects of the App; (d) remove, modify or obscure any product or service identifier, copyright, trade mark or other proprietary rights notice or other notices, instructions, disclaimers or legends from any part of the App; (e) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (f) sell, license, or exploit for any commercial purposes any use of or access to the App; (g) transfer or assign the User’s Account password, not even temporarily, to a third party; (h) use the App for any illegal, immoral or unauthorized purpose, (i) use the App for non-personal or commercial purposes without ours or our Affiliate’s express prior written consent, or (j) access or use the Service for any fraudulent, criminal, defamatory, harassing or tortious purpose, or to participate in or promote any illegal activity or to breach, violate or infringe intellectual property, privacy or other rights, or misappropriate the property of any third party.
3.7 Any KINTO trademarks are owned or controlled by the Toyota Group, whether included in the App, and any logos related to the foregoing, are Toyota Group’s trademarks or service marks owned by us or our licensors. Except as required for the User’s use of and access to the App and the Service, the User is not granted a right to use such marks without the respective owner’s permission. The User will not remove, obscure, or alter any proprietary notices affixed to or contained within the App or related services.
3.8 For the purposes of this Section, “Intellectual Property Rights” shall mean all legal rights or interests evidenced by or embodied in: (a) any idea, design, concept, technique, invention, discovery or improvement, regardless of patentability, but including patents, patent applications, trade secrets, and know-how; (b) any work of authorship, regardless of copyright ability, but including copyrights and any moral rights recognized by law; (c) any trade mark, trade name or service mark; and (d) any other intellectual property, proprietary or similar rights, including all goodwill pertaining thereto and in each case, on a worldwide basis.
3.9 All products and services advertised in the App may be withdrawn or altered at any time without notice. Please check with the User’s official dealer the availability and specification of products and services before placing any order for them.
4. OFFER OF THE SERVICES
4.1 Private Use
4.1.1 KINTO Share and KINTO Flex are offered on rental for Private Use to Users who has a valid Account in KINTO’s online booking system and who always meet the conditions of these Terms. If the Vehicle is rented for Private Use, payment will be charged to the User directly.
4.2 Professional Use
4.2.1 KINTO Share and KINTO Flex are offered for Professional Use to companies that have a valid Account, under which the company employees may rent Vehicles for Professional Use.
4.2.2 The Vehicle is rented for Professional Use when this is stated in KINTO’s online booking system in connection with the rental.
4.2.3 If the Vehicle is rented for Professional Use, payment will be charged to the company.
4.2.4 The company or we set up the company as a User in KINTO’s online booking system. The company is created with Company reg. (CVR) no., address, telephone number, e-mail address and either debit card or invoicing details. The company may not transfer its login to others or allow others to use the company’s login.
4.2.5 When a company has set up its Account and such Account has been approved by us, the company will get access through the Website and the App to invite Users to rent a Vehicle via the company’s profile (please refer to Section 5 of these Terms). The company is liable for all rental agreements entered through use of the company’s Account.
4.2.6 In order for a company’s employees to rent a Vehicle with KINTO Share or KINTO Flex for Professional Use, both the company and the individual employee must be created as Users in KINTO’s online booking system and have a valid Account. The employee and the company must always fulfil the requirements stated in these Terms.
4.2.7 In connection with the creation of a rental agreement, the employee must declare whether the Vehicle is being rented for Professional Use or Private Use. It is the company’s own responsibility to ensure that the employee abides by the company’s internal regulations for renting Vehicles.
5. BASIC USER REQUIREMENTS
5.1 To be created as a KINTO Share or KINTO Flex user, an individual must register for an Account in the KINTO online booking system.
5.2 When registering, the User must provide his/her name, driving licence number, private address, telephone number, personal email address and payment details and verify this information via NemID. If the User is to be associated with the company’s profile, the User must use the link that was provided by the company. In addition, the user must upload a copy of his/her driving licence. In case the User can’t use NemID to verify the information, the User must upload a copy of his/her driving license together with a selfie picture of the User, which also shows the front of the driving licence.
5.3 To be eligible for the Service, all Users must:
● be 22 to 80 years for KINTO Share and 18 to 80 years for KINTO Flex;
● provide all the personal data and other information and documentation that is mandatory and requested for the registration process as a User (voluntary provision of other data may be requested) accurately, truthfully and fully;
● accept these Terms and any updated Terms via the checkbox on KINTO’s online booking system;
● hold a current and valid driving license of category B or equivalent, issued within the European Union (driving licences issued outside the European Union and/or the European Economic Area or Switzerland will only be accepted if accompanied by an International Driving Permit or a sworn translation of the national driving licence), for at least 12 months;
● not be the subject of a conviction for driving under the influence of alcohol or drugs in the past two years before making the reservation via the Service; and
● not be is registered as a bad credit risk in RKI.
5.4 It is the User’s responsibility to safeguard the User’s password for the use of the Service, preventing undue use or access by third parties. In case of loss or suspicion of loss of any of the User’s passwords, the User must change them as soon as possible or, if unable to do so, use either the Forgotten Password option on the App or notify us as soon as possible to allow for the adoption of the appropriate measures. Section 1.2 sets out how to contact us.
5.5 The User will at all times be responsible for the accuracy of personal or any other data provided during the registration process, and we shall in no event be liable for any loss or damage caused to any party as a result of the falsification and inaccuracy of the information and of the documentation provided by the User during the registration. If the User needs to change any personal details on his/her Account, the User must contact us as soon as possible for us to make the necessary changes.
5.6 If we (or any of our Affiliates) for any reason cannot validate any of the documents provided by the User, we may require the User to re-send any of said documents for the purpose of validation. If the User accidentally uploads incorrect documentation to support the User’s registration, the User will need to telephone our support team, the number for which is available once the User has registered to use the App.
5.7 The User must report to us the loss or destruction of the User’s mobile device on which the App was downloaded without undue delay so that we can block the Users Account and avoid improper use. The User will be informed by email that the use of the Account has been blocked. If the loss or destruction of the mobile device is not communicated, the User will be liable for any consequential damages, especially if the loss enables the theft, damage, or misuse of a Vehicle.
5.8 In case of loss or withdrawal of a driving licence, the right to use this Service will be immediately suspended for the period of loss or withdrawal of the licence. The User must inform us without undue delay of the suspension or limitation of the User’s right to drive, the effectiveness of any driving ban or the temporary withdrawal or withholding of the User’s driving licence. The User must validate the User’s driving licence once renewed or recovered after its withdrawal for the User to start using the Service again.
5.9 We reserve the right to deny the User’s registration if there are reasons to believe that the User will not act in accordance with these Terms or if there are suspicions that the User’s passwords are being used in an unauthorised, fraudulent or improper use manner. The User will not be entitled to complain or claim compensation in this case.
6. RENTAL AND CANCELLATION
6.1 A KINTO Share Vehicle is reserved in the App or on the Website. A KINTO Flex Vehicle is reserved on the Website. Acceptance of the User’s reservation is subject to approval by us in our sole discretion and/or additional criteria established at any time by us and/or our Affiliates and/or our/their insurance providers. The order for a Vehicle will be understood as confirmed when we communicate it to the User by means of a notification on KINTO’s online booking system.
6.2 The User may, depending on Account level, have several upcoming reservations at a time, however, reservations may not overlap (i.e. the User cannot have two reservations for the same period).
6.3 The minimum Rental Period is an hour for KINTO Share and 30 days for KINTO Flex.
6.4 The User may not transfer or let reservations to any other person (neither natural nor legal person).
6.5 The Vehicle must be ordered before it can be picked up. A Vehicle can only be used if it has been ordered in advance and the User has received a confirmation of the order.
6.6 The Vehicle can be rented at any time of the day.
7. PICK-UP OF THE VEHICLE
7.1 The User must pick up the Vehicle at the location shown in the App. For KINTO Flex the pick-up time for the Vehicle will be agreed directly between the User and the dealer, at which the Vehicle will be collected.
7.2 For KINTO Share the User must use the App to unlock the Vehicle. For KINTO Flex only physical keys will be issued. The User is responsible for the safe custody of the keys. If the key is not correctly returned with the Vehicle, or if the key has been copied, the User is liable for all costs incurred for changing locks and the production of new keys for the Vehicle.
7.3 Before using the Vehicle, the User must inspect its condition and check the internal warning lights – any errors notified must be resolved before driving. The User must also check the Vehicle externally for scratches, dents, punctures etc.
7.4 Any damages or defects must be reported via the App. Once reported such damages and defects will be shown in the App.
7.5 The User may not use the vehicle if it appears to be damaged and/or is not in an acceptable condition, or if he/she experiences problems while driving. If the User does not bring our attention to damage and defects to the Vehicle prior to using it, he/she becomes liable for any such damage and defects to the vehicle.
8. RETURN OF THE VEHICLE
8.1 The User must return the Vehicle by the end of the Rental Period at the latest. However, prior to the end of the Rental Period, the User may at any time extend the reservation via the App, provided that the Vehicle in question is available for extension.
8.2 The Vehicle is deemed to be correctly returned if all the following conditions are fulfilled:
● The Vehicle is returned to the location shown in the App and the User registers that the Vehicle has been returned. If the location specified in the App is occupied when the Vehicle is returned, the Vehicle must be parked in the nearest legitimate parking slot without a time limit, and the User must notify us of this location using the contact information provided in Section 1.2.
● The Vehicle is complete with all the necessary documents, keys (for KINTO Flex only), and fuel card (for KINTO Share only).
● The Vehicle has been checked for scratches, dents, and warning lamps; any damage and defects found are reported in the App.
● The Vehicle contains all equipment belonging to it.
● The Vehicle has been emptied of rubbish and personal effects.
● The Vehicle appears in the same state as when it was picked up.
8.3 If the Vehicle is returned after the end of the Rental Period, additional fees will apply.
8.4 In cases requiring extra cleaning/valet services beyond ordinary vacuum cleaning and car wash, the User will be charged for this.
8.5 If the Vehicle is a petrol or diesel car, a Vehicle rented under KINTO Share must be returned with the fuel tank at least half full. If the Vehicle is returned with the tank less than half full for KINTO Share, the User will be charged an additional fee.
8.6 For KINTO Share, the User may only refuel the Vehicle at the service station chain for which the Fuel Card is valid. If the Fuel Card’s pin code (for information on Fuel Card pin code, please refer to the App) does not work for some reason, manual payment using the Fuel Card at the current service station is possible upon presentation of a valid identification document. For KINTO Share, fuel is included in the fees for the Service. For KINTO Flex, fuel is not included in the fees.
8.7 The Fuel Card may not be used to pay for any other goods or services than fuel and products for the Vehicle, such as windscreen washer fluid and engine oil. The Fuel Card may not be used for any other vehicle than the Vehicle.
8.8 If a KINTO Share User needs to use his/her own funds to refuel the Vehicle, for example in countries outside of the European Union, Norway, Switzerland or United Kingdom, because the service station chain for which the Fuel Card is valid does not exist, the User must send the original receipt or a scanned version hereof to us no later than 10 days after the end of the Reservation Period.
8.9 The User is obliged to refuel with the fuel indicated for the Vehicle on the fuel cap. Using other fuel than indicated is absolutely forbidden and may cause severe damage or make the Vehicle unusable.
8.10 At the end of the Rental Period, the User must return the Vehicle to the location where it was picked up or to another location designated by us.
9. USE OF THE VEHICLE
9.1 The use of the Vehicle must be in accordance with any currently applicable Price List, instruction manuals, insurance requirements and these Terms.
9.2 There is no upper limit for the number of kilometres driven during the Rental Period (however, companies may have determined internal rules for their employees’ use of rental vehicles). It is the company’s own responsibility to ensure that employees abide by the company’s internal regulations.
9.3 The Vehicle may only be driven by the User who has signed up as User in KINTO’s online booking system.
9.4 The Vehicle may only be used if the User is lawfully entitled to drive the Vehicle and has not had his/her driving licence withdrawn, been disqualified, or had limitations imposed or lost the ability to drive safely.
9.5 The User may not use the Vehicle for unlawful purposes or in an unlawful way, including following the ingestion of alcohol, use of narcotic drugs or other intoxicants that impair judgement or ability to react.
9.6 Costs, fees, parking fines or other charges that are applied because of breach of traffic regulations or otherwise in connection with the use of the Vehicle will be charged to the User. We can charge such fees or fines to the User’s bank card. Furthermore, we may charge an additional fee.
9.7 We can provide the police with information about the User who has used the Vehicle in a specific period.
9.8 If the User uses the Vehicle in contravention of the conditions in these Terms, the User’s right to rent vehicles through KINTO Share or KINTO Flex ceases without further notice.
9.9 During the User’s use of the Vehicle, the User must:
● collect the Vehicle at the designated location and return it to the same place at the end of the agreed Reservation Period, all types of light turned off and in the same condition in which it was received (excluding general wear and tear derived from proper use).
● not use Vehicles for one-way journeys.
● check that all belongings are properly removed from the Vehicle upon its return. We will, under no circumstance, be held liable and responsible for lost, theft or damages to such personal belongings
● carry a valid driving licence at all times whilst using a Vehicle;
● comply with all legal requirements regarding the operation and use of the Vehicle;
● keep the Vehicle in perfect use, following the maintenance instructions included in the user manual and in the warranty book. Consequently, any damage caused to the Vehicle as a consequence of unusual or improper use (negligence, breakage of accessories, loss of keys, etc.) which is not covered by the insurance will entitle us or any of our Affiliates to claim damages in respect of the losses. This includes using the appropriate type of fuel required for the Vehicle. In case of damages, we reserve the right to charge additional costs based, among others, on the costs we would accrue if the Vehicle has to be replaced by a Vehicle in good condition;
● stop driving the Vehicle immediately if a warning light appears on the dashboard and contact us to assess if continued use of the Vehicle is justifiable;
● notify us without undue delay of any damage resulting from violent acts or accidents that the User becomes aware of before, during or after the order;
● take appropriate action when ending the use of the Vehicle in order to avoid theft, always leave the windows closed and ensure that the central locks are activated; and
● in case of theft of the Vehicle, immediately inform us of the Vehicle’s condition and report the theft to the local police.
9.10. DURING THE USER'S USE OF A VEHICLE, THE USER MAY NOT:
● use the Vehicle outside of the territory of the European Union or outside Norway, Switzerland or the United Kingdom;
● use the Vehicle to transport animals (including dogs);
● smoke or allow others to smoke in the Vehicle;
● leave the Vehicle in inadequate hygienic conditions;
● allow any third party to drive a Vehicle or disclose his/her access data to third parties, not even when said third parties are also Users of the Service;
● carry children or babies without the correct elevation of the seat or a child seat, or contravene any manufacturer's instructions regarding the installation of baby seats;
● disable any passenger airbag in the Vehicle or in any way alter the geolocation, monitoring and control tools of the Vehicle;
● make any type of aesthetic or technical modification in the Vehicle without our express prior written consent;
● install spare parts and accessories on the Vehicle, or make any type of repair to the Vehicle, without our express prior written consent;
● use the Vehicle for hired transport of passengers or goods;
● use the Vehicle for unlawful purposes or in an unlawful manner, including following the ingestion of alcohol, use of narcotic drugs or other intoxicants that impair judgement or ability to react;
● sub-let the Vehicle;
● use the Vehicle for competitions, races or any other form of test driving;
● tow other Vehicles;
● drive away from public roads or in areas not open to ordinary traffic;
● use the Vehicle for contractor transport or the transport of goods or foodstuffs which cause unpleasant odours or unusual wear and tear; or
10. OUR RESPONSIBILITIES
10.1 KINTO Share
10.1.1 For KINTO Share, the following applies regarding our provision of Vehicles, replacement Vehicles etc.
10.1.2 The Company provides the Vehicle after the User has made a reservation and has been approved by us in the App or on the Website.
10.1.3 If a Vehicle is not available at the designated location or is not useable at the start of the Active Rental Period, we shall, to the extent possible, try to provide a replacement Vehicle.
10.1.4 If a Vehicle breakdown occurs during the Active Rental Period and the breakdown is directly or indirectly caused by the User, we shall primarily attempt to remedy the breakdown. If this is not possible, the reservation shall be considered to have ended. If the User so wishes, we shall try to provide a replacement Vehicle for continuation of the journey at the User’s expense. The User shall reimburse any costs incurred in connection with returning the defect Vehicle.
10.1.5 If a Vehicle breakdown occurs during the Active Rental Period and the breakdown is directly or indirectly caused by us, we shall primarily attempt to remedy the defect and secondarily offer a replacement journey or replacement Vehicle at our expense. If this is not possible, we shall offer suitable alternative transport to the destination or back to the designated location.
10.1.6 If a Vehicle breakdown occurs during the Active Rental Period and the breakdown is caused by a supplier outside our area of liability (including but not limited to suppliers of telecommunication services and fuel), we are under no obligation to provide a replacement Vehicle.
10.1.7 If we provide the service “Roadside Assistance”, i.e. an insurance covering assistance in the event of unexpected incidents while using the Vehicle, we are responsible for costs incurred in connection with the use of the Service.
10.2 KINTO Flex
10.2.1 For KINTO Flex, the following applies regarding our provision of Vehicles, replacement Vehicles etc.
10.2.2 The Company is obliged to ensure that the agreed Vehicle is available at the agreed location at the start of the Active Rental Period. The User shall pick up the Vehicle together with keys etc. at the agreed location. The User is aware that the Active Reservation commences at the beginning of the Active Rental Period notwithstanding if the Vehicle is picked up at the KINTO Location or not.
10.2.3 If a Vehicle of the agreed type is not available at the designated location or is not useable from the start of the Active Rental Period, we shall without additional costs for the User provide a replacement Vehicle which shall be of the same or higher price level as set out in the reservation.
10.2.4 If a Vehicle breakdown occurs during the Active Rental Period and the breakdown is directly or indirectly caused by the User, we shall primarily attempt to remedy the breakdown. If this is not possible, the Rental Period shall be considered to have ended. If the User so wishes, we shall try to provide a replacement Vehicle for continuation of the journey at the User’s expense. The User reimburses any costs incurred in connection with returning the defect Vehicle.
10.2.5 If a Vehicle breakdown occurs during the Active Rental Period and the breakdown is directly or indirectly caused by us, we shall primarily attempt to remedy the defect and secondarily offer a replacement Vehicle for the remainder of the Active Rental Period at our expense.
10.2.6 If a Vehicle breakdown occurs during the Active Rental Period and the breakdown is caused by a supplier outside our area of liability (including but not limited to suppliers of telecommunication services and fuel), we are under no obligation to provide a replacement Vehicle.
10.2.7 If we provide the service “Roadside Assistance”, i.e. an insurance covering assistance in the event of unexpected incidents while using the Vehicle, we are responsible for costs incurred in connection with the use of the Service.
11. PROPERTY RIGHTS
11.1 The Vehicle, the App, and the Website, including any accessories, are and shall remain our property.
12. LIMITED WARRANTY
12.1 We do not warrant that a Vehicle will always be available throughout the Service. The Company reserves the right to replace a Vehicle with an equivalent model, for example during maintenance, repairs or in case of defects. The Company also reserves the right to close and/or relocate to a new designated location without prior notice.
12.2 We do not warrant that ordinary service can be provided if a Vehicle is located outside of the territory of the European Union, Norway, Switzerland or the United Kingdom. If issues arise regarding the Vehicle, the User must always promptly contact our customer service to discuss a case-by-case solution to the problem.
12.3 We do not warrant that the Vehicle’s insurance applies if a Vehicle is located outside of the territory of the European Union, Norway, Switzerland or the United Kingdom in violation of the Agreement; and/or the Vehicle is used by a person who is not authorised pursuant to this Agreement. If the insurance does not apply, the User is solely liable for all costs relating to any damage to the Vehicle that occurs in any situation.
12.4 If the User negligently causes damage making the Vehicle unusable, we shall have no obligation to provide a replacement Vehicle, to transport the User home or to assist with the onward journey.
13. SUPPORT
13.1 The Service includes reasonable assistance in respect of the User’s use of the Service, the App and the Vehicle, including Roadside Assistance.
13.2 If the User’s need for support (including Roadside Assistance) arises from a breach of these Terms or a violation of traffic rules, the User or the User’s employer may be charged for the Support.
14. PRICE AND PAYMENT
14.1 KINTO Share
14.1.1 The prices and fees for using the Service, as detailed in the Price List, consist of a fixed recurring Account fee and variable fee (for instance based on time and/or distance) per reservation. In addition, the User may be charged additional fees, for example due to late return, abnormally soiled Vehicle, unlocked Vehicle, insufficiently fuelled Vehicle etc.
14.1.2 Fuel is included in the price for the KINTO Share Service.
14.1.3 The Company may charge the User for any congestion tax, road tolls and bridge tolls not included in the price of the Service.
14.1.4 The applicable fixed Account fee shall be charged upon activation of the User’s Account and thereafter monthly in advance.
14.1.5 Any fees not included in the fixed Account fee (such as the variable rental fee) will be charged to the User’s Payment Card 30 minutes prior to the commencement of the Rental Period. If the payment does not go through, another attempt will be made 20 minutes prior to the commencement of the Rental Period. If we are still unable to charge the User’s Payment Card, the reservation will be cancelled. Payment for extra time and/or distance will be charged to the Users Payment Card after the end of the Rental Period.
14.1.6 Additional fees (such as fees in case of late return, smoking in the Vehicle, parking fines and other additional fees set out in the Price List) and compensation for damage will be charged to the User’s Payment Card in arrears. The Company is entitled to such compensation if the claim is made within six months from the end of the Rental Period.
14.1.7 Up until 30 minutes before the start of the Rental Period, the User may cancel or shorten the reservation at no charge. If the User has not cancelled or shortened the reservation 30 minutes before the start of the Rental Period, the reservation shall be charged in full.
14.1.8 The User shall be charged the full fee for the Rental Period even if the reservation is ended prior to the end of the Reservation Period.
14.1.9 If the User is domiciled in Denmark and payment by credit or debit card is not possible, we may invoice the User by way of paper invoice to the User’s postal address. The payment terms of such invoice shall be 15 days net. In case of paper invoicing, we may charge the User an invoice fee. In case of non-payment by a User domiciled outside of Denmark, the company reserves the right to invoice the User in any way deemed appropriate and charge the User any related costs.
14.1.10 If the User does not pay the invoice or any other claim for compensation to us by the payment due date, the User will be charged a reminder fee and late payment interest according to the Danish Interest Act (renteloven). If the User does not pay following such late payment reminder, we reserve the right to undertake debt collection measures and the User may be charged for any related costs.
14.1.11 If the User is registered for the Service and enjoys a discount based on a particular Account, affiliation, residence, employment or similar and the basis for the discount ceases, the User shall notify us without delay. If the basis for discount has ceased, we may (without prior notice) charge the User the full price in accordance with the Price List (including for benefits previously provided to the User free of charge).
14.2 KINTO Flex
14.2.1 The prices and fees for using the Service as detailed in the Price List consist of a fixed recurring Account fee and variable fee per reservation. In addition, the User may be charged additional fees, for example additional fees due to late return, abnormally soiled Vehicle, unlocked Vehicle, insufficiently fuelled Vehicle etc.
14.2.2 The variable fee includes costs for distance driven within the limitations set out on the Website. Costs relating to fuel, publicly charged congestion taxes, road tolls and bridge tolls are not included in the price and will thus be charged as additional fees if incurred by us during an Active Reservation.
14.2.3 The applicable fixed Account fee shall be charged upon activation of the User’s Account and thereafter monthly in advance.
14.2.4 The first instalment of the variable reservation fee will be charged 14 days prior to the start of the Rental Period and then monthly. If the charging fails, a new attempt will be made 2 hours prior to the start of the Rental Period. If we are still unable to charge the User’s Payment Card, the first monthly part of the reservation will be cancelled.
14.2.5 Additional fees (such as fees in case of late return, smoking in the Vehicle, parking fines, fuel and taxes etc. and other additional fees set out in the Price List) and compensation for damage will be charged to the User’s Payment Card in arrears. The Company is entitled to such compensation if the claim is made within six months from the end of the reservation.
14.2.6 Once a reservation has been accepted by us, the User cannot cancel the reservation and will be charged in full for the entire reservation made by the User.
14.2.7 The User shall be charged the full fee for the Rental Period even if the reservation is ended prior to the end of the Reservation Period.
14.2.8 If the User is domiciled in Denmark and payment by credit or debit card is not possible, we may invoice the User by way of paper invoice to the User’s postal address. The payment terms of such invoice shall be 15 days net. In case of paper invoicing, we may charge the User an invoice fee. In case of non-payment by a User domiciled outside of Denmark, the company reserves the right to invoice the User in any way deemed appropriate and charge the User any related costs.
14.2.9 If the User does not pay the invoice or any other compensation to us by the payment due date, the User will be charged a reminder fee and late payment interest according to the Danish Interest Act (Renteloven). If the User does not pay following such late payment reminder, we reserve the right to undertake debt collection measures and the User may be charged for any related costs.
14.2.10 If the User registered for the Service and enjoys a discount based on a particular Account, affiliation, residence, employment or similar and the basis for this discount ceases, the User shall notify us without delay. If the basis for discount has ceased, we may (without prior notice) charge the User the full price in accordance with the Price List (including for benefits previously provided to the User free of charge).
15. DAMAGE TO THE VEHICLE
15.1 The User must immediately notify us of any damage, technical problems, or accidents in the App
15.2 Regarding rental for Professional Use, the company bears full responsibility for the use of the Vehicle for the duration of the Rental Period.
15.3 About rental for Private Use, the User bears full responsibility for the use of the Vehicle in the Rental Period.
16. INSURANCE
16.1 We have taken out comprehensive and third-party liability insurance for the Vehicles. In the event of damage, the company/User must pay the own-risk amount on the insurance, which cannot be more than DKK 5,000, plus any damage not covered by the policy.
16.2 In the case of the User being responsible for any loss or damage and the vehicle insurance coverage not being applicable (for example, due to the User driving under the influence of alcohol), the User will indemnify us and our Affiliates for damages incurred to the Vehicle as well as against the claims of third parties. For these purposes, the User will maintain an appropriate level of civil liability insurance in respect of his/her use of the Service.
16.3 The User must:
● immediately report any theft, vandalism and/or injury to people or animals to the police, or if third-party liability is to be determined.
● obtain the names and addresses of implicated parties and any witnesses.
● refrain from admitting any guilt or responsibility.
● not leave the Vehicle without taking precautionary steps to ensure protection of the Vehicle.
● limit damage to the Vehicle as far as possible. Continued driving after the damage occurs is only permitted with our prior permission.
16.4 If proper reporting procedures are not followed, and if this results in extra costs being incurred by us, we can charge all such extra costs to the bank card that the user registered at the time of creating his/her user account with us. If the vehicles have been rented for Professional Use, such extra costs will be charged directly to the company.
17. PERSONAL DATA
18. We process the User’s personal data whenever the User uses the Service, including when the User rents a vehicle via the Service. In this connection we have prepared a privacy policy, where the User can read about the categories of personal data we need to process, the purposes for which it is needed, the legal justification for doing so, the User’s rights, etc. The privacy policy is available at: https://kinto.services/dk/privacy-policy .ht of cancellation
18.1 When the User signs up on KINTO’s online booking system for rental of a vehicle for Private Use, the rental agreement in relation to these Terms is covered by the Danish Consumer Protection Act.
18.2 Pursuant to the Consumer Protection Act, the usual right of cancellation does not apply to car rental businesses.
19. TERMINATION / DELETION OF USER ACCOUNT
19.1 The Agreement is valid until further notice.
19.2 The User may terminate its Account in the App or on the website.
19.3 In the event of a notice of termination concerning an Account with a fixed Account fee, the Account will be terminated at the end of the already agreed period. If the User has an Active Reservation for a KINTO Flex Vehicle, the Account and the Active Reservation will, however, be terminated at the end of the Reservation Period for the last reservation.
19.4 In the event of a change from one Account level to another Account level with a higher fixed Account fee, the change will take effect immediately.
19.5 In the event of a change from one Account level to another Account level with lower fixed Account fee or no fixed Account fee, the change will take effect on the date that the next fixed Account fee for the previous Account plan should otherwise have been paid.
19.6 The User may re-activate its Account at any time. To enable swift and simple re-activation, the user account and the account details will be saved for the purpose of reactivation for a period of 90 days from the termination of the Account.
19.7 The Company may terminate these Terms with immediate effect or suspend the User’s access to and use of the Service, whereupon all debts owed to us immediately becomes due for payment, if:
● a credit report shows that the User has a record of non-payment or us otherwise has fair reason to believe that the User lacks ability to pay,
● the User does not pay the fixed Account fee when due, whereupon the User’s access to and use of the Service will be suspended immediately,
● the User does not fulfil his/her other payment obligations to us,
● the Vehicle is subject to abnormal driving, mismanagement, or other use in violation of the Agreement,
● the Vehicle, in violation of the Agreement, is used for taxi operations, ridesharing, courier operations or similar,
● the User has provided incorrect information in the Agreement to manipulate the system,
● the User Account or login information is misused,
● the User otherwise breaches any user instructions issued by us,
● the User, without the prior written consent of us, has brought the Vehicle outside of the permitted area,
● the User, on more than one occasion and after remarks from us, does not return the Vehicle on time,
● the User in any other way materially breaches the terms of the Agreement, or
● the Vehicle is used in violation of current rules with the result that the Vehicle is seized or confiscated (including following so-called insane driving (in Danish: vanvidskørsel)). This also applies in cases where the User has left the use of the Vehicle to another person, regardless of whether the User knew or should have known that the Vehicle would be used for insane driving.
19.8 The User will indemnify and hold KINTO harmless for any claim or losses (f.ex. the value of the Vehicle in case of confiscation) if the User or other drivers of the Vehicle violate the provisions of the Road Traffic Act (in Danish: Færdselsloven) on increased efforts against insane driving (in Danish: vanvidskørsel) and this entails confiscation of the Vehicle.
19.9 Upon our termination of the Agreement, we may undertake necessary measures to immediately repossess the Vehicle. The Company may thus contact the police, customs or any other authority that acts in the interests of us and has the right to seize and detain the Vehicle.
20. PICK-UP BY US OF THE CAR
20.1 In the event of breach of the agreement/these Terms, including in the event of non-payment or non-delivery of the vehicle at the end of the Rental Period, the vehicle may be picked up by us without further notice. In such cases, we are entitled to locate the vehicle using GPS. The User is obliged to cover any expenses that we may have in this connection. The costs are found in the Pricelist. We are entitled to collect the vehicle via the Bailiff's Court, and the User is obliged to reimburse us all costs related herewith.
20.2 When picking up the vehicle, we are not responsible for any movables left by the User in the vehicle.
20.3 For KINTO Flex, the User must in such case hand in the keys to the vehicle within 5 days. The User will be informed by us where to hand over the keys. If this does not take place within the given deadline, the User must pay for the cost of recoding/replacing the keylocks.
20.4 In the event of non-delivery of the vehicle at the end of the Rental Period, we will deregister the Vehicle with the Danish Motor Register, following which driving in the Vehicle will no longer be legal. A registration fee will arise, which the User is liable to pay directly to SKAT if the Vehicle is used after the end of the Rental Period. In the event of a tax liability for us, the User is obliged to reimburse us an amount corresponding thereto.
21. AMENDMENTS
21.1 We have the right to make amendments to these Terms and the Price List with one month’s notice. The amended terms and Price Lists will apply to rental agreements created after the amendments have entered into force. Amendments will be sent to the email address that the User has registered in the KINTO online booking system.
22. LIMITATION OF LIABILITY
22.1 We are not responsible for any loss of, or damage to, in or on the vehicle, to or on any goods or in or on any third-party vehicle.
22.2 We are not responsible for any personal injury to the User or any third party, including death in relation caused by the use of a vehicle.
22.3 We are not liable to a User under or in connection with these Terms whether for tort (including negligence), breach of contract, misrepresentation or otherwise.
22.4 Our entire liability is limited to a sum of DKK 10,000.
22.5 Notwithstanding any other provision of these Terms, we do not exclude or limit our liability for:
● death or personal injury caused by us;
● fraud, fraudulent misrepresentation, gross negligence or wilful misconduct caused by us or by any of our employees or agents; or
● loss or damage that we may not limit or exclude under mandatory applicable law.
● However, in no case can we accept liability for (i) loss of income, operational losses, loss of potential business, loss or destruction of data or reconstruction of data, loss of goodwill, breaches of security caused by third party disruption of telecommunications and/or the internet, loss of revenue (whether direct, indirect or consequential), (ii) loss or damage as a result of liability to (a) third part(y/ies) (whether direct loss, indirect loss or consequential damage) or (iii) any form of indirect loss.
23. FORCE MAJEURE / ACT OF GOD
23.1 We are not responsible for any delay or non-delivery attributable to force majeure. Force majeure means conditions beyond a party’ reasonable control, including but not limited to, acts of God, war, acts of terrorism (whether actual or threatened), riot or civil unrest, failure of electrical, Internet, co-location or telecommunications service, denial of service or similar attacks, acts of civil or military authorities, fire, floods, weather disturbances, volcanic eruption, earthquakes, accidents, strikes or labour actions, epidemics, pandemics, quarantines, or energy crises.
24. WHAT YOU CAN DO IF YOU HAVE A COMPLAINT
24.1 If the User wishes to complain, we advise the User to contact us in writing, so that we can handle the User’s complaint. Contact information for contacting us in writing is listed in Section 1.2.
24.2 The User can also complain to the Centre for Complaint Resolution, c/o Konkurrence og Forbrugerstyrelsen, Carl Jacobsens Vej 35, 2500 Valby, Denmark. Complaints can also be sent online to www.forbrug.dk. The right to complain can in some cases be conditional on the goods or service the User want to complain about costing at least DKK 1,000. Consumer complaints can also be brought to the Centre for Complaint Resolution via the Danish Competition and Consumer Authority’s website klagonline.forbrug.dk.
24.3 Consumers living in another EU member country can also complain via the EU Commission’s online complaints platform: http://ec.europa.eu/odr.
25. DISPUTES AND APPLICABLE LAW
25.1 These Terms are covered by Danish law and must be interpreted accordingly. Any rules of law that may lead to the application of laws other than Danish law do not apply.
25.2 Disputes that cannot be resolved amicably must be brought before the Court of Copenhagen as the first instance, with access to referral and appeal in accordance with the usual provisions of the Danish Administration of Justice Act. Cases relating to car rental for Private Use may be brought before the local district court where the User is domiciled.