Terms & Conditions

1.1. These Terms & Conditions (the “Terms”) constitute a legally binding agreement between you (“User”, “Rider” or “You”) and 0, a sole trader (enskild näringsidkare) carrying on business under the name Bowtie, with business address at 0 (“Bowtie”, “we”, “us” or “our”).

1.2. Bowtie is operated as a sole proprietorship (enskild firma) and does not constitute a separate legal person. Your contractual counterparty is accordingly the sole trader identified in § 1.1, who is personally liable for the obligations of Bowtie under these Terms.

1.3. Bowtie may be contacted, and complaints may be submitted, by e-mail at [email protected] (formal legal notices: [email protected]), by post at the address stated in § 1.1, or through the support function of the App.

1.4. These Terms govern Your access to and use of the App, Your Account and the Vehicles (together, the “Services”). The Services are offered exclusively to natural persons acting for purposes falling outside trade, business or profession (consumers).

1.5. A framework agreement on these Terms is concluded when You complete Account registration and expressly accept the Terms. Each Ride constitutes an individual hire of a Vehicle subject to these Terms; it commences when the Vehicle is unlocked and terminates when the Ride is ended in accordance with § 7.

1.6. The Price List, the Privacy Policy and the Operational Area map and parking instructions displayed in the App form an integral part of the agreement. In the event of conflict, these Terms shall prevail, save where the other document is more favourable to You.

1.7. Upon registration Bowtie shall send You a confirmation of the agreement, including these Terms, by e-mail or in another readable and durable form. The Terms in force from time to time are available in the App and may be saved or printed by You.

1.8. Nothing in these Terms shall exclude, restrict or modify any right conferred on You by mandatory law. Where a provision of these Terms conflicts with mandatory law, the latter shall prevail (see further § 21.1).

In these Terms the following expressions have the meanings set out below.

• “Account” means the personal user account registered by You in the App.
• “App” means the Bowtie mobile application and any associated website or digital interface.
• “Credits” means a prepaid balance purchased by You from Bowtie for use solely as payment for Rides.
• “Promotional Credits” means a balance granted by Bowtie free of charge, for example as part of a campaign or as goodwill.
• “No-Parking Zone” means an area designated in the App in which a Ride may not be ended or a Vehicle parked.
• “Operational Area” means the geographical area designated in the App within which the Vehicles may be ridden and parked.
• “Pass” means a time-limited product entitling You to the benefits stated at the time of purchase.
• “Price List” means the prices and charges displayed in the App from time to time.
• “Ride” means the period from the unlocking of a Vehicle through Your Account until the hire is ended in accordance with § 7.
• “Vehicle” means an electric scooter (elsparkcykel) made available by Bowtie, including its battery, lock and all fitted equipment.

3.1. By registering an Account or unlocking a Vehicle, You warrant and represent that:

1. (a)You have attained the age of eighteen (18) years and possess full legal capacity to enter into binding agreements or, having attained the age of sixteen (16) years but not the age of majority, You satisfy the conditions of § 3 a;
2. (b)You possess the physical fitness, balance, coordination and competence required to operate a Vehicle safely;
3. (c)You are familiar with the traffic rules applicable to cyclists in Sweden and are capable of continuously assessing traffic, weather and road-surface conditions; and
4. (d)You are acting as a consumer and not in the course of any trade, business or profession.

3.2. The Account is strictly personal and non-transferable. You shall not permit any other person, including any person under the age of eighteen (18), to use Your Account or to ride a Vehicle unlocked through Your Account.

3.3. You warrant that all identifying and payment information supplied by You is accurate, current and complete, and You undertake to update it without delay upon any change. Bowtie may carry out identity verification and fraud-prevention checks to the extent permitted by applicable law.

3.4. Registration requires a valid mobile telephone number under Your own control. Virtual, disposable or shared telephone numbers shall not be used. Should You cease to control the registered number, You shall without delay update the number or delete Your Account.

3.5. You shall keep Your login credentials and device secure and shall notify Bowtie without delay upon becoming aware of, or having reason to suspect, any unauthorised use of Your Account.

3.6. You are responsible for Rides and charges arising under Your Account where these have been authorised by You or made possible through Your intent or negligence, including the sharing of credentials, breach of § 3.4 or failure to give notice under § 3.5. You are not responsible for unauthorised use occurring after such notice has been given, nor for use attributable to a failure on the part of Bowtie. This § 3.6 is without prejudice to Your statutory rights in respect of unauthorised payment transactions.

3.7. You may delete Your Account at any time. Deletion is permanent, and trip history and accrued benefits cannot thereafter be restored. Bowtie shall retain such records as it is required or entitled to retain by law, in particular under accounting legislation and for the establishment, exercise or defence of legal claims. Unused Passes and purchased Credits are dealt with in § 8.8 and § 15.

3 a.1. This § 3 a applies exclusively to a Rider who has attained the age of sixteen (16) years but has not attained the age of majority under the law of the country in which the Services are used (a “Minor Rider”). In Sweden the age of majority is eighteen (18) years. This § 3 a applies in addition to the other provisions of these Terms and prevails over them in the event of conflict. It does not apply to a Rider who has attained the age of majority.

3 a.2. A person who has not attained the age of sixteen (16) years may neither register an Account nor ride a Vehicle.

3 a.3. A Minor Rider may register an Account and use the Services only with the prior consent of his or her guardian or guardians (vårdnadshavare or förmyndare). Consent is given through the procedure provided in the App. By registering an Account the Minor Rider confirms that such consent has been obtained. Bowtie may at any time require the consent to be verified and may suspend the Account until this has been done.

3 a.4. By giving consent the guardian:

1. (a)approves these Terms on behalf of the Minor Rider;
2. (b)confirms that the Minor Rider possesses the maturity, skill and knowledge of the traffic rules required to operate a Vehicle safely; and
3. (c)undertakes, to the extent permitted by law, to be responsible together with the Minor Rider for the payment of charges under § 8 and § 10 and of compensation under § 11 and § 13 arising from the Minor Rider’s use of the Services.

3 a.5. The payment method registered on the Account of a Minor Rider shall be one which the guardian has made available or approved for that purpose, or shall draw on funds of which the Minor Rider is entitled by law to dispose.

3 a.6. The guardian may withdraw the consent at any time by notifying Bowtie, whereupon the Account shall be closed. Such closure is treated as termination by the Rider under § 15.1.

3 a.7. Should it emerge that a Minor Rider has registered or used the Services without valid consent, Bowtie may terminate the agreement with immediate effect. A Minor Rider who has misled Bowtie as to his or her age or as to the existence of consent is liable for the loss thereby caused to Bowtie to the extent provided by the Parental Code (föräldrabalken).

3 a.8. Bowtie strongly recommends that a Minor Rider wear an approved helmet during every Ride.

3 a.9. When the Minor Rider attains the age of majority, this § 3 a ceases to apply. Continued use of the Services thereafter constitutes the Rider’s own confirmation of these Terms.

3 a.10. Nothing in this § 3 a restricts the protection afforded to minors by mandatory law.

4.1. The Vehicles are electrically powered vehicles without pedals, designed to carry one standing rider, constructed for a maximum speed of 20 km/h and fitted with a motor whose continuous rated power does not exceed 250 W. They are accordingly classified as bicycles (cykel) under the Road Traffic Definitions Act (lagen om vägtrafikdefinitioner), and the rules for cyclists in the Road Traffic Ordinance (trafikförordningen) apply to every Ride.

4.2. Bowtie inspects and maintains the Vehicles at regular intervals, equips them with brakes, an audible warning device (bell), front and rear lights and reflectors as required by law, and withdraws from service any Vehicle reported or found to be defective.

4.3. Each Vehicle is covered by compulsory traffic insurance (trafikförsäkring) taken out by Bowtie in accordance with the Traffic Damage Act (trafikskadelagen). Proof of insurance is available in the App.

4.4. Under the Traffic Damage Act, traffic damage compensation (trafikskadeersättning) is payable from the Vehicle’s traffic insurance for personal injury sustained by the Rider or by a third party in consequence of the Vehicle being in traffic, irrespective of fault. Such compensation may be adjusted (jämkas) only on the grounds laid down in that Act, in particular where the injured person has contributed to the injury intentionally or through gross negligence. Damage caused by the Vehicle to the Rider’s own property is not covered by the traffic insurance.

4.5. Claims under the traffic insurance shall be reported through the App or directly to the insurer. Bowtie shall, on request, provide the information needed to pursue such a claim.

4.6. Save as stated in this § 4, Bowtie does not provide accident, liability or property insurance for the benefit of the Rider. You are encouraged to maintain Your own accident and home insurance.

4.7. The Vehicles remain at all times the property of Bowtie. The speed of a Vehicle may be automatically reduced, or its motor disabled, in zones designated in the App or required by a public authority or landowner.

5.1. Before commencing each Ride, You shall carry out a visual and functional check of the Vehicle, comprising:

1. (a)the frame, stem, handlebar and deck, for cracks, deformation, looseness or other visible damage;
2. (b)both braking systems, for proper function;
3. (c)the tyres, for visible damage and adequate condition;
4. (d)the front and rear lights and reflectors, where the Ride will take place in darkness or reduced visibility;
5. (e)the bell and the throttle, for proper response; and
6. (f)the battery level, for sufficiency for the intended journey.

5.2. By commencing a Ride You confirm that You have performed the check prescribed by § 5.1 and that it revealed no defect.

5.3. Should the check, or any circumstance arising during the Ride, reveal a defect or raise reasonable doubt as to the safe condition of the Vehicle, You shall not commence, or shall forthwith discontinue, the Ride and shall report the matter to Bowtie through the App without delay. Bowtie shall not charge, or shall refund, the fees for a Ride that is promptly ended and reported on account of a genuine defect.

5.4. The check prescribed by § 5.1 is limited to what a reasonably attentive rider can observe without tools or technical expertise. It neither transfers to You Bowtie’s responsibility for the maintenance and roadworthiness of the Vehicles nor renders You responsible for defects that could not reasonably have been discovered by such a check.

5.5. Riding a Vehicle notwithstanding a defect which You discovered, or which You ought to have discovered by the check prescribed by § 5.1, constitutes a material breach of these Terms. In such case You are liable for resulting damage in accordance with § 11 and § 13, and compensation otherwise payable to You may be reduced on account of contributory negligence (medvållande) to the extent provided by law.

6.1. You shall at all times comply with the Road Traffic Ordinance, local traffic regulations (lokala trafikföreskrifter), parking regulations, road signs and signals, and the instructions of the police and other competent authorities.

6.2. Without limitation to § 6.1, You shall:

1. (a)use the cycle path or cycle lane where one is available and otherwise keep to the right-hand side of the carriageway;
2. (b)refrain from riding on pavements and footpaths;
3. (c)ride at walking pace and give way to pedestrians in pedestrian streets and shared-space areas (gångfartsområde) where cycling is permitted;
4. (d)use the Vehicle’s lights in darkness and reduced visibility; and
5. (e)adapt Your speed and manner of riding to traffic, visibility, weather and road-surface conditions, and refrain from riding where conditions such as ice or snow do not permit safe operation.

6.3. Bowtie strongly recommends that You wear an approved helmet during every Ride.

6.4. You shall not:

1. (a)carry any passenger or permit more than one person on the Vehicle;
2. (b)exceed the maximum load of 120 kg, including rider and carried items, or such other limit as is marked on the Vehicle or stated in the App;
3. (c)ride while under the influence of alcohol, narcotics or any other substance or medication, or in a state of illness or fatigue, that impairs Your ability to ride safely;
4. (d)hold or operate a mobile telephone or other handheld device while the Vehicle is in motion;
5. (e)carry or suspend items in a manner that impairs steering, braking or balance;
6. (f)perform stunts, race, tow or be towed, or ride on stairs or other surfaces for which the Vehicle is not intended;
7. (g)modify, dismantle, tamper with, deface or attach unauthorised equipment to the Vehicle, including its lock, battery, speed limiter and positioning equipment;
8. (h)ride or park outside the Operational Area or park within a No-Parking Zone;
9. (i)carry the Vehicle on public transport or in or on a motor vehicle;
10. (j)store or lock the Vehicle indoors, on enclosed private land or in any other place not accessible to other users and Bowtie personnel; or
11. (k)use the Vehicle for any unlawful purpose.

6.5. The Services, Passes and Credits are provided for personal use only. Commercial use, including courier, logistics and food-delivery services and any sub-hire of a Vehicle, is prohibited.

6.6. You acknowledge that the operation of an electric scooter in traffic involves inherent risks, including the risk of property damage and of serious personal injury, and that You are responsible for riding with due care and attention. This acknowledgement does not constitute a waiver of any right to compensation under § 4, § 12 or mandatory law.

7.1. A Ride is ended by completing the end-of-ride procedure in the App. You remain responsible for the Vehicle, and charges continue to accrue, until the Ride has been ended. Should a technical fault prevent You from ending the Ride, You shall contact Bowtie without delay; You shall not be charged for time attributable to a fault on the part of Bowtie.

7.2. Upon ending a Ride You shall park the Vehicle:

1. (a)within the Operational Area and outside any No-Parking Zone;
2. (b)upright on its stand, on a firm surface;
3. (c)lawfully, and in particular not on a footpath or cycle path other than at a designated parking place or bicycle-parking facility;
4. (d)so that it does not obstruct pedestrians, cyclists, entrances, emergency exits, public-transport stops, pedestrian crossings, ramps or tactile paving, having particular regard to persons with reduced mobility or impaired vision; and
5. (e)not on private land without the landowner’s permission.

7.3. Upon ending a Ride You shall submit, through the App, a clear and unobstructed photograph showing the parked Vehicle and its immediate surroundings. The photograph serves as evidence of the manner of parking. Where no compliant photograph has been submitted, Bowtie may rely on the Vehicle’s position data and other available records; You remain entitled to adduce evidence to the contrary.

7.4. In order to protect You from unintended charges, Bowtie may end a Ride automatically after sixty (60) minutes of continuous duration or following prolonged inactivity, where technically feasible after prior warning in the App. Automatic ending does not relieve You of Your obligations under § 7.2; where the Vehicle is then situated outside the Operational Area or within a No-Parking Zone, § 10 applies.

8.1. The Services are charged in accordance with the Price List in force when the Ride is commenced or the purchase is made. All prices are stated in Swedish kronor (SEK) and include value added tax. The unlock fee and the per-minute rate applicable to a Ride are displayed in the App before the Vehicle is unlocked.

8.2. Time-based charges accrue from the unlocking of the Vehicle until the Ride is ended. Each commenced minute is charged as a full minute.

8.3. Payments are processed by an external, duly authorised payment service provider engaged by Bowtie. Bowtie does not itself provide payment services and does not store complete payment card details. You authorise Bowtie to instruct that provider to debit the payment method registered on Your Account for all amounts falling due under these Terms. A temporary reservation may be placed on the payment method before a Ride in order to verify that funds are available. A receipt is made available in the App or by e-mail after each Ride or purchase.

8.4. Should payment fail, Bowtie may make renewed attempts to debit the amount and may suspend the Account until payment has been made. On overdue amounts Bowtie is entitled to default interest under the Interest Act (räntelagen) at the reference rate from time to time plus eight percentage points, to a fee of SEK 60 for each written payment reminder, and to statutory compensation for debt-recovery costs under the Act on Compensation for Debt Recovery Costs (lagen om ersättning för inkassokostnader m.m.).

8.5. A Pass confers the benefits, for the period and within the Operational Area, stated at the time of purchase. A Pass may combine a validity period (for example twenty-four (24) hours) with an allowance of ride time (for example sixty (60) minutes), and ends when the validity period has expired or the allowance has been used, whichever occurs first. Passes are personal and non-transferable. Each Pass is valid only for the period stated at the time of purchase and expires at the end of that period. Ride time and other benefits not used before expiry lapse without refund, extension, credit or other compensation, irrespective of the reason for which they were not used, save that the period of a Pass is paused or extended in accordance with § 17.3 where the Services are suspended or interrupted. Where a Pass is offered on an automatically renewing basis, the price per period, the renewal date and the cancellation procedure shall be displayed before purchase, and You may cancel the renewal at any time with effect from the end of the current period.

8.6. Credits are personal and non-transferable, may be used solely as payment to Bowtie for Rides within the Operational Area, at the ordinary rates in the Price List, and may not be used to purchase a Pass or any other product. Credits are accepted by no party other than Bowtie, may not be withdrawn or exchanged for money and, save as provided in § 8.8, are not refundable. Purchased Credits remain valid for twelve (12) months from the date of purchase; Bowtie shall notify You not less than thirty (30) days before any purchased Credits expire. Promotional Credits carry no cash value and expire as stated when they are granted.

8.7. A change to the Price List does not affect a Ride already commenced or a Pass or Credits already purchased.

8.8. Passes and purchased Credits are non-refundable, save that the unused portion shall be refunded:

1. (a)where You exercise Your right of withdrawal under § 9;
2. (b)where Bowtie permanently discontinues the Services in Your Operational Area, or terminates the agreement otherwise than on account of Your material breach;
3. (c)where You terminate the agreement on account of an amendment under § 18; or
4. (d)where a refund is otherwise required by mandatory law.

8.9. If You consider a charge to be incorrect, You shall notify Bowtie within a reasonable time after You noticed, or ought to have noticed, the error. Notice given within two (2) months of the charge shall always be deemed timely. Charges found to be incorrect shall be refunded without delay.

9.1. Under the Distance Contracts Act (lagen om distansavtal och avtal utanför affärslokaler) You are entitled to withdraw from a contract concluded at a distance (ångerrätt), without stating any reason, within fourteen (14) days from the day on which the contract was concluded.

9.2. The right of withdrawal is exercised by sending Bowtie a clear statement to that effect before the withdrawal period expires. You may use the withdrawal function provided in the App, send an e-mail to the address stated in § 1.3, or use the model withdrawal form in Annex 1. Bowtie shall confirm receipt without delay in a readable and durable form.

9.3. Upon withdrawal Bowtie shall refund the payments received from You, subject to § 9.5, without undue delay and not later than fourteen (14) days from the day on which Bowtie received Your statement. The refund shall be made by the means of payment used by You, unless You expressly agree otherwise, and at no cost to You.

9.4. By unlocking a Vehicle You expressly request that the Ride be performed immediately, and You acknowledge that the right of withdrawal in respect of that Ride is lost once the Ride has been fully performed. Likewise, when purchasing a Pass whose period commences upon purchase, You expressly request that the period commence immediately, and You acknowledge that the right of withdrawal in respect of that Pass is lost once its period has expired.

9.5. Where You have, at Your express request, begun to use a Pass or purchased Credits during the withdrawal period and thereafter withdraw, You shall pay an amount proportionate to what has been supplied up to the time of withdrawal. Credits consumed are accounted for at their purchase value, and a Pass at a proportionate share of its price corresponding to the part of its period that has elapsed. The remainder shall be refunded in accordance with § 9.3.

9.6. The right of withdrawal applies in addition to, and does not restrict, Your other statutory rights.

10.1. The charges set out in this § 10 constitute compensation for costs actually incurred by Bowtie in consequence of Your breach of these Terms. They are not penalties and shall not exceed Bowtie’s reasonable and documented costs or, where a maximum is stated below, that maximum. Fixed amounts stated in this § 10 are standardised compensation for Bowtie’s average handling costs.

Vehicle left outside the Operational Area or within a No-Parking Zone, necessitating retrieval or relocation

Bowtie’s actual retrieval cost, not exceeding SEK 500 per occasion

Parking charge (felparkeringsavgift), control fee (kontrollavgift) or removal cost under the Act on Removal of Vehicles in Certain Cases (lagen om flyttning av fordon i vissa fall) imposed on Bowtie and attributable to Your parking

The full amount imposed, as documented, plus an administrative fee of SEK 30. Additional costs arising because Bowtie did not collect the Vehicle in due time are not passed on

Damage to a Vehicle beyond normal wear and tear, caused by Your intent or negligence

Reasonable documented repair cost, as limited by § 11.3

Vehicle lost, stolen or not returned on account of Your intent or negligence

The market value of the Vehicle, in accordance with § 11.3

Written payment reminder

SEK 60

10.1 a. Where Bowtie establishes that You have ended a Ride with the Vehicle parked in breach of § 7.2, irrespective of whether any authority or landowner has imposed a charge, the following applies. On the first occasion Bowtie shall notify You of the breach and no fee shall be charged. On each subsequent occasion You shall pay an improper-parking fee of SEK 30. Where an amount is passed on to You under the second row of the table above in respect of the same occasion, the administrative fee stated there replaces the improper-parking fee. § 10.3 and § 10.4 apply.

10.2. Fines imposed on You personally by the police or another authority in consequence of Your riding are payable by You directly.

10.3. Before debiting a charge under § 10.1 other than a reminder fee, Bowtie shall notify You of the charge and its basis, enclosing the supporting evidence (such as the parking photograph, the Vehicle’s position data from during and after the Ride, or a copy of the authority’s or landowner’s decision), and shall afford You not less than fourteen (14) days in which to object. A charge that has not been disputed within that period may thereafter be debited from Your registered payment method.

10.4. You are entitled to show that a charge is not attributable to You. Bowtie shall, on request, provide the information reasonably required for You to contest a parking charge, control fee or removal decision. Should such a charge be cancelled or reduced after You have reimbursed Bowtie, the corresponding amount shall be refunded to You.

11.1. From the commencement of a Ride until it has been ended and the Vehicle parked in accordance with § 7, You shall exercise due care of the Vehicle (vårdplikt) and protect it against damage, loss and theft.

11.2. You are liable for damage to, and for loss or theft of, a Vehicle arising during Your Ride, or in consequence of Your failure to end the Ride and park in accordance with § 7, to the extent that the damage or loss was caused by Your intent or negligence, including a breach of §§ 5 to 7. You are not liable for normal wear and tear, for defects not attributable to You, or for damage caused by a third party after the Ride was duly ended and the Vehicle duly parked.

11.3. Your liability under § 11.2 is limited to the reasonable and documented cost of repair, including parts and labour, and shall in no case exceed the market value of the Vehicle immediately before the damage or loss. Any amount recovered by Bowtie from an insurer or a third party in respect of the same damage shall be deducted.

11.4. Should a Vehicle be stolen or go missing during Your Ride, You shall notify Bowtie immediately and shall provide the information and assistance reasonably required for a report to the police.

11.5. A Vehicle that has not been returned, in the sense that the Ride has not been ended and the Vehicle cannot be located and recovered, within forty-eight (48) hours of the commencement of the Ride may be treated as lost. Bowtie reserves the right to report suspected unlawful appropriation to the police.

11.6. Nothing in this § 11 precludes the adjustment of Your liability under the general principles of the Swedish law of damages.

12.1. Bowtie shall make the Vehicles available in a safe and roadworthy condition and shall perform the Services with professional care.

12.2. Should the Services be defective or delayed for a reason not attributable to You, You are entitled to the remedies available under applicable law, including a reduction or refund of the price of the affected Ride, Pass or Credits and compensation for loss, provided that You give notice of the matter within a reasonable time after You noticed, or ought to have noticed, it. Notice given within two (2) months shall always be deemed timely.

12.3. Nothing in these Terms excludes or limits liability for death or personal injury. Such claims are governed by the Traffic Damage Act, the Tort Liability Act (skadeståndslagen), the Product Liability Act (produktansvarslagen) and other applicable law.

12.4. Subject to § 12.3 and § 12.7, the liability of Bowtie is limited to direct and reasonably foreseeable loss. Bowtie is not liable for loss of profit, loss of income or other loss in the course of business, for loss caused by Your breach of these Terms, or for loss attributable to circumstances referred to in § 17.2.

12.5. Bowtie does not warrant that a Vehicle will be available at any given time or place, and is not liable for loss arising from the unavailability of a Vehicle before a Ride has commenced.

12.6. Bowtie is not responsible for personal belongings left on or by a Vehicle, save where the loss is caused by the negligence of Bowtie.

12.7. The limitations in this § 12 do not apply to loss caused by Bowtie intentionally or through gross negligence, nor in any case where a limitation is not permitted by mandatory law.

12.8. You shall take reasonable steps to mitigate Your loss.

13.1. You shall compensate Bowtie for the reasonable and documented loss, cost and expense, including fines, fees and reasonable legal costs, incurred by Bowtie in consequence of a claim by a third party or a decision of a public authority, to the extent that the claim or decision was caused by:

1. (a)Your breach of these Terms;
2. (b)Your negligent, reckless or unlawful use of a Vehicle; or
3. (c)Your having permitted another person to use Your Account or a Vehicle unlocked through it.

13.2. § 13.1 does not apply to the extent that the loss is compensated under the traffic insurance, was caused by the negligence of Bowtie or by a defect in the Vehicle not attributable to You, or could have been avoided by reasonable mitigation on the part of Bowtie. This § 13 does not affect any right of recourse that an insurer may have against You under the Traffic Damage Act.

13.3. Bowtie shall notify You without undue delay of any claim for which it intends to seek compensation under this § 13 and shall afford You the opportunity to comment before the claim is settled.

14.1. In the event of an accident You shall stop, render such assistance as You are able to any injured person, summon the emergency services on 112 where required, and comply with the statutory duties of a road user at the scene of a traffic accident, including the duty to remain and to state Your name and address.

14.2. You shall report to Bowtie through the App, without delay, every accident, collision, personal injury, theft or damage occurring during Your Ride, together with a description of the events and, where possible, photographs.

14.3. You shall not continue to ride a Vehicle that has been damaged, and You shall cooperate, to the extent reasonably required, with Bowtie, its insurer and the police in the investigation of the incident.

15.1. You may terminate the agreement at any time, without notice, by deleting Your Account or by notifying Bowtie. Upon such termination, unused Passes and purchased Credits are refunded only in the cases stated in § 8.8.

15.2. Bowtie may terminate the agreement on thirty (30) days’ notice. In such case the unused portion of any Pass and all unused purchased Credits shall be refunded.

15.3. Bowtie may suspend Your Account, or terminate the agreement with immediate effect, where You have committed a material breach of these Terms, including:

1. (a)riding in contravention of § 6.4 (a) or (c), or otherwise in a manner endangering other persons;
2. (b)permitting another person, in particular a person under the age of eighteen (18), to use Your Account or a Vehicle;
3. (c)tampering with, or wilfully damaging, a Vehicle;
4. (d)fraud, the provision of false information, or failure to pay amounts due despite a reminder;
5. (e)repeated breach of the parking rules in § 7; or
6. (f)commercial use in contravention of § 6.5.

15.4. Bowtie shall state the grounds for a suspension or termination under § 15.3 and shall afford You the opportunity to respond. In the case of a less serious breach, Bowtie shall first issue a warning.

15.5. Upon termination under § 15.3, purchased Credits remaining after set-off of amounts due from You shall be refunded, Promotional Credits shall lapse, and the remaining period of any Pass shall lapse without refund unless that would be unreasonable having regard to the nature of the breach.

15.6. Termination does not affect rights and obligations accrued before the date of termination.

15.7. Where Bowtie has reasonable grounds to suspect that an Account is held or used by a person who has not attained the age of sixteen (16) years, or by a Minor Rider without valid consent under § 3 a, Bowtie may suspend the Account with immediate effect and without prior warning until the Rider’s age and, where applicable, the guardian’s consent have been verified in the manner reasonably required by Bowtie. Should the verification show that the requirements of § 3.1 (a) or § 3 a are not met, or should it not be provided within fourteen (14) days of Bowtie’s request, Bowtie may terminate the agreement with immediate effect; in such case unused purchased Credits shall be refunded to the payment method used, and § 3 a.7 applies. Where the verification confirms that the requirements are met, the Account shall be reinstated without delay and the period of any Pass shall be extended by the duration of the suspension.

16.1. The sole trader identified in § 1.1 is the controller of the personal data processed in connection with the Services. Processing is carried out in accordance with Regulation (EU) 2016/679 (the General Data Protection Regulation) and the Swedish Act containing supplementary provisions to that Regulation (lagen med kompletterande bestämmelser till EU:s dataskyddsförordning).

16.2. The data processed include Account and contact details, payment information processed by the external payment service provider referred to in § 8.3, the position of the Vehicle during and at the start and end of each Ride, the position of the Vehicle after the Ride (the Vehicles being positioned continuously) to the extent that it is relevant to a charge, fine or claim relating to that Ride, parking photographs, communications with Bowtie and technical data from Your device. The data are processed in order to perform the agreement, to ensure safety and prevent misuse, to handle charges, fines and claims, and to comply with legal obligations.

16.3. Personal data may be disclosed to Bowtie’s processors, to its insurer, and to the police, the municipality or another authority or landowner where this is required by law or necessary for the establishment, exercise or defence of legal claims.

16.4. Detailed information on the processing, the retention periods and Your rights of access, rectification, erasure, restriction, objection and data portability is set out in the Privacy Policy. You are entitled to lodge a complaint with the Swedish Authority for Privacy Protection (Integritetsskyddsmyndigheten).

16.5. Parking photographs shall, so far as practicable, be taken so that no identifiable person appears in them.

17.1. The Services are available within the Operational Area during the hours and seasons indicated in the App. Bowtie may restrict or suspend the Services, in whole or in part, for reasons of maintenance, safety, weather, the requirements of a public authority, or seasonal closure during the winter.

17.2. Bowtie is not liable for failure or delay in performance caused by a circumstance beyond its reasonable control which it could not reasonably have been expected to foresee, avoid or overcome, such as extreme weather, natural disaster, fire, war, epidemic, decisions of public authorities, failure of electricity or telecommunications networks, or industrial action.

17.3. The period of a Pass runs only while the Services are in operation. During scheduled maintenance or another planned suspension of the Services, including seasonal closure, the period of the Pass is paused and resumes when the Services resume. Where the Services are unavailable on account of an unplanned interruption, the expiry of the Pass shall be extended by a period corresponding to Bowtie’s reasonable estimate, made in good faith, of the duration of the interruption, rounded up to the next full hour. As the duration of an unplanned interruption cannot be measured exactly, the extension may be longer or shorter than the actual interruption; should You consider it materially insufficient, You may notify Bowtie, which shall adjust it where the shortfall is substantiated. Such pause or extension is applied automatically and constitutes Your remedy in respect of the Pass for the suspension or interruption; no refund is payable on that account, save under § 8.8 (b) or where mandatory law so requires.

18.1. Bowtie may amend these Terms where there is a valid reason for doing so, such as changes in legislation, decisions or permit conditions of public authorities, safety considerations, changes to the Services or their pricing structure, or the need for clarification.

18.2. Bowtie shall notify You of an amendment through the App and by e-mail not less than thirty (30) days before it takes effect, stating the amendment and Your right to terminate. An amendment necessitated by law, by a decision of a public authority or by an urgent safety consideration may take effect on shorter notice.

18.3. Should You not accept an amendment, You may terminate the agreement before the amendment takes effect, whereupon the unused portion of any Pass and all unused purchased Credits shall be refunded. Your continued use of the Services after the amendment has taken effect, following notice in accordance with § 18.2, constitutes acceptance of the amended Terms.

18.4. An amendment that is exclusively to Your advantage, or that is of a purely editorial nature, may take effect upon publication.

18.5. Each version of the Terms bears a version number and an effective date. Earlier versions are available on request.

19.1. Complaints shall in the first instance be addressed to Bowtie through the channels stated in § 1.3. Bowtie shall respond without undue delay and normally within fourteen (14) days.

19.2. Should a dispute not be resolved between the parties, You may refer it, free of charge, to the National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN), Box 174, 101 23 Stockholm, www.arn.se. The Board’s own conditions, including value thresholds and time limits, apply. Bowtie undertakes to participate in proceedings before the Board.

19.3. Independent guidance is available from the Swedish Consumer Agency’s information service (Hallå konsument, www.hallakonsument.se) and from the consumer adviser of Your municipality. Consumers resident in another State of the European Union or the European Economic Area may also contact the European Consumer Centre in their country of residence.

20.1. These Terms, and any non-contractual obligation arising out of or in connection with them, are governed by the law of Sweden.

20.2. Where You are habitually resident in another State of the European Union or the European Economic Area, § 20.1 does not deprive You of the protection afforded by provisions of the law of that State which cannot be derogated from by agreement.

20.3. Disputes arising out of or in connection with these Terms shall be determined by the general courts of Sweden (allmän domstol). This does not restrict Your right to bring proceedings before the courts of the place where You are domiciled, nor any other mandatory rule of jurisdiction for the protection of consumers.

21.1. Nothing in these Terms excludes, restricts or modifies any right which You enjoy under mandatory law, including the Consumer Contract Terms Act (lagen om avtalsvillkor i konsumentförhållanden), the Distance Contracts Act, the Contracts Act (avtalslagen), the Traffic Damage Act and the Product Liability Act.

21.2. Should any provision of these Terms be held invalid or unenforceable, in whole or in part, the remaining provisions shall continue in full force and effect.

21.3. These Terms, together with the documents referred to in § 1.6, constitute the entire agreement between the parties concerning the Services. This does not affect the legal significance of information given by Bowtie before the conclusion of the agreement or in its marketing.

21.4. You may not assign Your rights or obligations under these Terms. Bowtie may assign the agreement to another undertaking, including a limited company (aktiebolag) to which the business is transferred, provided that Your rights are not thereby diminished. Bowtie shall notify You of any such assignment, whereupon You may terminate the agreement in accordance with § 18.3.

21.5. The failure of a party to exercise a right under these Terms does not constitute a waiver of that right.

21.6. Bowtie may give notices to You through the App, by e-mail or by text message to the contact details registered on Your Account.

21.7. These Terms are made available in Swedish and in English. In the event of a discrepancy between the language versions, the Swedish version shall prevail. A provision whose meaning is unclear shall be interpreted in Your favour.

21.8. Headings are inserted for convenience only and do not affect the interpretation of these Terms.

(Complete and return this form only if You wish to withdraw from the contract. You may also withdraw through the App or by e-mail, see § 9.2.)

To: 0, trading as Bowtie, 0, e-mail [email protected]

• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*):
• Ordered on (*) / concluded on (*):
• Name of consumer(s):
• Address of consumer(s):
• E-mail address or telephone number registered on the Account:
• Signature of consumer(s) (only if this form is sent on paper):
• Date:

(*) Delete as appropriate.