• Renting a scooter takes just a few minutes, but the consequences of accepting the terms and conditions can affect consumers for much longer.
• The President of UOKiK has challenged the provisions of the standard contracts for the hire of scooters and electric bikes used by Bolt Operations OÜ.
• The undertaking has been accused of applying provisions that infringe consumer rights, including those relating to unilateral changes to the terms and conditions and the exclusion of liability for the operation of the app and the technical condition of the equipment provided.

Renting electric scooters and bicycles is meant to be a simple service: you open the app, ride, and pay for the duration of the journey. Problems arise when something goes wrong, as the terms and conditions exclude the company’s liability for incidents and may be changed at any time. The President of UOKiK has initiated proceedings seeking to declare the provisions of the standard contracts used by Bolt Operations OÜ unlawful, challenging 22 clauses of the terms and conditions accepted when creating an account in the app.

– ‘One-click’ services cannot operate in such a way that the convenience lies with the company and the risk with the consumer. The terms and conditions cannot be a switch that allows an undertaking to arbitrarily change the rules after an account has been created and then wash their hands of responsibility in the event of a failure. If a journey is charged by the minute, the terms and conditions cannot shift the entire risk onto the consumer when there are problems with the app or the equipment – says Tomasz Chróstny, President of UOKiK.

Consent by use

Bolt Operations OÜ applies provisions that allow it to unilaterally change the terms of the contract once a user has registered in the app. The company provides for the possibility of making changes “as the services develop”, and users are informed of them, including by e-mail, at least 15 days in advance. Anyone who continues to use the service after the changes is deemed to have accepted the new terms – while lack of agreement results in termination of the account. An earlier version of the terms and conditions also stated that the contract could be amended “at any time” and that changes would take effect once published on the website or in the app. As the President of UOKiK points out, mere notification of a change and the option to withdraw are not sufficient if the agreement does not clearly specify when and for what valid reasons the terms and conditions may be changed.

When things go wrong

Bolt Operations OÜ shifts onto consumers the consequences of problems arising during the use of the service. This includes, among other things, provisions in which it reserves the right to exclude liability for damage or loss resulting from the app not working, or from the inability to use it “in the intended manner”. This is significant because the app is essential for using the service. If it malfunctions, users may incur unjustified costs, for example if they are unable to complete a journey within the app while charges continue to accrue.

UOKiK has also challenged clauses concerning liability for damage to third parties. If, as a result of using the service, another person suffers damage to health, the driver is liable, and if the company is required to cover the injured party’s claims, the consumer would have to reimburse it for the costs incurred. In practice, this means there is a risk that the consequences – including financial ones – will be passed on to the user even in situations where they had no real influence over the cause of the incident, for example if the equipment failed.

There are also concerns regarding provisions on the condition of scooters and bicycles. The terms and conditions state that vehicles are provided “in their current condition”. For consumers, this may mean a lack of certainty as to whether the equipment is fully functional at the time of hire – and the risk that, should a problem arise, they will be told that they bear the consequences, even though the fault may have existed beforehand.

Sanctions

If, during the proceedings, allegations concerning the use of prohibited clauses in standard contracts are confirmed, the President of UOKiK may prohibit their use. Financial penalties are also possible – of up to 10% of the company’s annual turnover. The regulations also provide for penalties for managers if they have wilfully permitted the infringement to occur. The potential penalty is up to PLN 2 million.

This is the latest in a series of actions by the President of UOKiK concerning the rules governing services of general interest and changes to terms and conditions during the term of a contract. UOKiK has previously reported, among others, on a penalty imposed on Nextbike Polska for unlawfully amending its terms and conditions and charging customers additional fees.