Terms and conditions
Terms of Use (hereinafter “ToU”) of varaakelkka.fi Service
Varaakelkka.fi is a marketplace owned by Vesianttila Oy (Business ID (FIN):2607226-4; Address: Ylianttilankuja 8, FI-96900 Saarenkylä; email: ), founded in 2014. The trademarks of Varaakelkka.fi are legally protected. Vesianttila Oy is the owner and operator of the Varaakelkka.fi service and its website/webstore.
These general terms of use apply to the commercial relationship between Vesianttila Oy (hereinafter “Service Provider”) and its customers concerning rights established via registration on the before said marketplace, between Vesianttila Oy and registered users as well as those created through the marketplace or its intermediation. By registering as a client/customer on the marketplace or making an offer or an reservation through the www.varaakelkka.fi website, you confirm that you have read, understood, and accepted these terms of use (“Terms”) and agree to fulfill the obligations therein. Additionally, specific terms of service providers of the varaakelkka.fi and their subcontractors of the varaakelkka.fi Service may partly apply, including but not limited to sc. payment channel terms. When ordering through the Varaakelkka.fi service, the customer is required to be familiar with and accept the currently valid order, delivery, and usage terms of the before said service provider(s). Vesianttila Oy reserves the right to update and modify terms of the ToU without any prior notice. Orders are governed by the terms valid at the time of the order, which are available on the varaakelkka.fi website.
Vesianttila Oy has the right to transfer the rights under this ToU to third parties. Customers do not have the right to transfer their rights or obligations under the ToU to a third party. Vesianttila Oy also reserves the right to change these terms at any time.
These terms, subject to Finnish Commercial Code and Consumer Protection Act (where applicable), are effective as of March 21, 2024. Deviations, waivers, amendments, and additional terms are valid only if accepted in writing by Vesianttila Oy.
I Definitions
1.1. Marketplace is defined as the www.varaakelkka.fi website, owned by Vesianttila Oy.
1.2. Services include all sc. varaakelkka.fi Services available on the website www.varaakelkka.fi provided to customers via the www.varaakelkka.fi website (hereinafter “Marketplace”). Services do not include snowmobile or vehicle rentals (i.e., Vesianttila Oy is not a party to any (e.g. btob or btoc) rental agreements), rental contract execution, or rental offers for use or rental of snowmobiles or any other vehicles.
1.3. Terms of Use are the conditions on the Varaakelkka.fi website under which Vesianttila Oy offers services to customers.
1.4. Price List consists of prices published on the Marketplace forming the basis for Services offered to customers by Vesianttila Oy.
1.5. Users are customers of the Varaakelkka.fi service and others are visitors to the Marketplace/website.
1.6. Customer is a person registered on Vesianttila Oy’s Marketplace or making an offer or reservation via the www.varaakelkka.fi website.
1.7. Renter is a Customer renting a snowmobile and/or vehicle (e.g., trailer, excluding other transport equipment and passenger cars) from the snowmobile owner.
1.8. Owner is a Customer renting out a snowmobile and/or vehicle (e.g., trailer, excluding other transport equipment and passenger cars) to the renter.
1.9. Snowmobile is a vehicle rented by a Customer to another Customer for payment using the Service.
1.10. Advertisement is the Customer’s invitation to make an Offer.
1.11. Offer is a Customer’s notification of intent to contract for renting a snowmobile and/or vehicle (e.g., trailer, excluding other transport equipment and passenger cars).
1.12. Reservation is the approval by the owner of the snowmobile and/or vehicle (e.g., trailer, excluding other transport equipment and passenger cars) booked via the Marketplace or through it. The reservation takes effect once payment is made. Upon confirmation, the s.c. Agreement is considered concluded.
1.13. Agreement refers to the contractual obligation where the owner rents the vehicle (snowmobile and/or trailer, excluding other transport equipment and passenger cars) to the renter for payment. Both renter and owner must be registered users of the Service for the transaction to be mediated through the marketplace owner’s service.
1.14. Authentication and security elements refer to unique user IDs and passwords, mobile identification, or similar methods/devices provided to the Customer for using the marketplace services, by which the user logs in or through which Vesianttila Oy identifies the Customer.
1.15. Account is the account given by Vesianttila Oy to the Customer giving rightfull required data about himself/herself/itself for using the Varaakelkka.fi service (“Service”). The account remains open indefinitely unless otherwise agreed between Vesianttila Oy and the Customer.
II General Terms
2.1. Vesianttila Oy provides users with access to the varaakelkka.fi website, which they may visit free of charge, and which customers may use to invite others to make Offers to rent their snowmobiles and to rent their snowmobiles to others for payment.
2.2. Customers publish Advertisements and enter into Agreements at their own risk and free will, without intervention, mediation, or influence from Vesianttila Oy. Customers are aware of the risks, rights, and obligations involved in publishing an Advertisement and making an Agreement and are independently responsible for fulfilling their Agreements.
2.3. Vesianttila Oy ensures that payments made by the snowmobile renter reach the snowmobile owner after the rental period as agreed.
2.4. Vesianttila Oy is not responsible for the fulfillment of Agreements made through the Varaakelkka.fi website nor for their quality (including technical condition, inspections, and proof of existing insurance of snowmobiles, transport equipment, and vehicles) or the quantity of rented vehicles under such Agreements. The owner and renter of the snowmobile/vehicle are responsible for the performance of the contract. Vesianttila Oy is responsible for proper provision of the Services.
2.5. Vesianttila Oy is not responsible for the accuracy or legality of information posted by Customers/Clients/You on the Varaakelkka.fi website; however, Vesianttila Oy undertakes to remove misleading or incorrect information within one business day of becoming aware of it. Users/Customers/Clients/You who become aware of false information are obliged to notify Vesianttila Oy immediately by email, phone, or the website form.
2.6. Vesianttila Oy is not responsible for Customers’ unpleasant or illegal behavior, nor for Advertisement publishing or Agreement making before or after the Agreement.
2.7. Vesianttila Oy does not participate in or mediate Agreements made between Customers. Vesianttila Oy does not act as representative or agent on behalf of Customers.
2.8. All communication between the Customer and Vesianttila Oy is electronic via Vesianttila Oy and contact information published in the Terms or on the www.varaakelkka.fi website. Users must not publish their contact details in Offers, Advertisements, or elsewhere before making an Agreement.
2.9. Reservations made through the Service and Marketplace (solely www.varaakelkka.fi website) cannot be fulfilled outside of the Service. Violation of this term may lead to the User’s/Customers/Your removal from the website.
2.10. The website and its content’s economic copyrights belong to Vesianttila Oy. By publishing copyright-protected works on the Marketplace, the Customer transfers all its’/his/hers economic rights to Vesianttila Oy free of charge for the duration the works are publicly available through the website. Vesianttila Oy has the right to use the Customer’s published works in any way, including permitting or prohibiting their use, copying, distribution, translation, compilation into collections, modification, marketing, or inclusion in databases or public releases.
III Customer Rights and Obligations
3.1. The Customer of the Varaakelkka.fi service has the right to:
3.1.1. perform all transactions and actions enabled by Vesianttila Oy on the varaakelkka.fi website at the Customer’s own risk and in accordance with Finnish law, good practices, and these Terms of Use;
3.1.2. receive information about transactions and actions carried out on the Customer’s account;
3.1.3. if the Customer does not accept changes made to the Terms of Use, the Customer may close the account within 30 days of being notified of the changes. If the Customer does not close the account within this period, the Customer is deemed to have accepted the changes to the Terms of Use;
3.1.4. close the account at any time without prior notice, upon which the agreement between the Customer and Vesianttila Oy is considered terminated. When the agreement is terminated, all mutual obligations that have not yet become due shall become immediately due.
3.2. The Customer is obliged to:
3.2.1. provide fully accurate personal information when registering as a Customer on the varaakelkka.fi service website, including registering with the Customer’s correct and full name and personal identity code or business ID, using a valid email address and other communication means;
3.2.2. provide the Customer’s FIN IBAN account number to Vesianttila Oy for bank transfers;
3.2.3. notify Vesianttila Oy of any changes in the Customer’s personal data or update the information on the Customer’s account within three business days of the change;
3.2.4. not use the www.varaakelkka.fi website for illegal transactions, dishonest, misleading or unfounded trade events, or fraud;
3.2.5. provide fully accurate information when using the varaakelkka.fi website/Marketplace, including details of the rental item (including information describing the condition of the snowmobile/vehicle) that are sufficiently precise for making an Offer;
3.2.6. specify the basis for pricing when making an Offer or publishing an Advertisement;
3.2.7. prohibit third parties from using the Customer’s account;
3.2.8. pay Vesianttila Oy fees/commissions according to the Price List;
3.2.9. notify Vesianttila Oy of any errors or unauthorized actions and events on the Customer’s account;
3.2.10. publish only such Advertisements that concern snowmobiles and their accessories that the Customer has the right to rent and ensure the Customer has the right to rent the snowmobile and its accessories (if any) throughout the validity of the Advertisement;
3.2.11. ensure that information provided on the varaakelkka.fi website (any information):
3.2.11.1. is not misleading, inaccurate, and/or false;
3.2.11.2. does not include Offers to rent prohibited Vehicles or Vehicles in restricted trade without special permits;
3.2.11.3. does not violate third parties’ ownership rights or exclusive rights similar to ownership or moral rights;
3.2.11.4. is not contrary to applicable law, good business practice, or morals;
3.2.11.5. does not contain viruses or other computer programs or files that disrupt, damage, or otherwise interfere with the normal use of the varaakelkka.fi website and/or that may be stored on the Customer’s computer as a result of marketplace use and/or interfere with, damage, or otherwise disrupt its normal functioning;
3.2.11.6. does not contain advertisements from other persons (including links to websites, etc.) or direct or indirect invitations to use third-party services unless Vesianttila Oy has given written consent;
3.2.12. keep the Website user ID and password secure so that third parties cannot access them;
3.2.13. immediately notify Vesianttila Oy of any changes in information or circumstances compared to those provided when registering on the varaakelkka.fi service;
3.2.14. immediately notify Vesianttila Oy of any loss of the user ID or password granted for website use or unauthorized third-party access to the user ID or password;
3.2.15. once a Booking has come into effect, the Customer may not change the description or content of the Offer. Only Offers for which a Booking has not yet come into effect may be changed. The Customer may supplement or modify the Offer, such as adding photos or explanations, but may not increase the price or make changes that worsen the terms once the Booking is made;
3.2.16. accept the use of the Vesianttila Oy deposit system once the Agreement is made;
3.2.17. agree to the Agreement and are obliged to make Agreements through the website and provide at least the following personal data when creating an account: name, personal identity code, phone number, email address, FI IBAN account number. Customers are aware of and have given consent to Vesianttila Oy to process the personal data listed here, including to decide whether to enter into an agreement with the Customer and to assess the Customer’s creditworthiness through credit registries;
3.2.18. the identification of the Customer and use of the Website shall be implemented by Security Elements. The use of the Website and Service shall be carried out with Security Elements at least as secure as those used by the Customer or the Customer’s legal representative;
3.2.19. accept that all actions performed using Security Elements are binding on the Service Provider and enforceable (including those authorized by law), unless mandatory domestic legislation provides otherwise;
3.2.20. agree to exchange information electronically via the Internet. When registering as a Customer, the User consents to exchanging information by email in unencrypted form;
3.2.21. agree that changes to the Terms of Use will be communicated by email and by sending a message to the Customer’s account. The Customer accepts that the notification is received when Vesianttila Oy has sent an email to the Customer’s email address and a message to the Customer’s account;
3.2.22. Vesianttila Oy has the right to send advertising leaflets, surveys to assess service quality and customer satisfaction, and promotional materials to the Customer. The Customer may at any time prohibit or limit the sending of such information;
3.2.23. For every action performed on the varaakelkka.fi website, the Customer confirms that:
3.2.23.1. the Customer is a person with active and passive legal capacity and has the right to perform the transactions permitted on the varaakelkka.fi website;
3.2.23.2. the Customer complies with all terms stated in the Terms of Use;
3.2.23.3. the Customer is aware that all Agreements are made without Vesianttila Oy’s intervention or mediation and that Customers are fully responsible for fulfilling such Agreements;
3.2.23.4. the Customer is aware that making an Offer may require a binding commitment and that failure to fulfill such an obligation renders the Customer liable for breach and the injured Customer may use legal remedies at their discretion;
3.2.23.5. the Customer is aware that the obligation to report and pay all taxes applicable to transactions related to the use of the Service lies with the Customer and that Vesianttila Oy or other Customers do not report or pay taxes on behalf of the Customer;
3.2.23.6. the Customer is aware of the risks related to electronic mail transmission: messages may be lost and confidential and personal information may be altered, stolen, or disclosed to third parties intentionally or unintentionally. Vesianttila Oy is not responsible for such risks;
3.2.23.7. by accepting the Terms of Use, neither the Customer nor Vesianttila Oy intends to create any legal relationship other than those explicitly stated in the Terms of Use;
3.2.23.8. the Customer is aware that if third parties gain access to the user ID and password granted for the use of the varaakelkka.fi website/marketplace, such third parties may make binding commitments in the Customer’s name, and the Customer is responsible for fulfilling such obligations, and Vesianttila Oy is not obliged to make any further inquiries (i.e., beyond the username and password) regarding the user’s identity;
3.2.23.9. the Customer is aware and consents to Vesianttila Oy’s right to process the Customer’s personal data, which includes data provided when creating the account (name, personal ID, address, phone number, email address, bank account number) and the Customer’s communications with others through Vesianttila Oy’s website in accordance with applicable Finnish laws and conditions. Vesianttila Oy is entitled, without breaching confidentiality, to store or process general data in Customer databases, customer relations, document management systems, and payment and accounting systems. Additionally, Vesianttila Oy may be required to collect, store, and use data concerning the Customer or Customer’s representatives for the provision of legal services and organizational purposes (e.g., managing, updating, and using contact databases), managing internal databases or customer relationship systems, or fulfilling statutory duties. Vesianttila Oy has the right to transfer Customer data to another contracting party or third parties if there is a legitimate interest that is identified, verified, and recorded by Vesianttila Oy. The Customer may at any time prohibit or restrict the aforementioned data processing. Withdrawal of consent has no retroactive effect;
3.2.23.10. Vesianttila Oy has the right to deduct fees according to the Price List from Bookings made by the Customer;
3.2.23.11. the Customer may not publish or exchange their personal data with other Users through Vesianttila Oy’s varaakelkka.fi website or otherwise. Violation of this provision may lead to penalties or removal of the User from the varaakelkka.fi website/service.
IV. Rights and Obligations of the Service Provider
4.1. Vesianttila Oy has the right to decide whether the Service is available and whether a User may register as a Customer.
4.2. Vesianttila Oy has the right to modify the Price List and the Terms of Use concerning the provision of the Service at any time.
4.3. Vesianttila Oy has the right, without prior notice and at its sole discretion, to restrict or terminate a Customer’s right to use the www.varaakelkka.fi website and/or the varaakelkka.fi Service, including the right to modify information published by the Customer on the varaakelkka.fi website, or to close an Offer or the Customer’s Account and restrict the person from re-registering as a Customer if the Customer:
4.3.1. breaches the Terms of Use or obligations related to the Customer’s terms, including failure to pay fees according to the Terms of Use and Price List;
4.3.2. has provided false, misleading, and/or inaccurate information when registering as a Customer or using the www.varaakelkka.fi website or Service;
4.3.3. knowingly and deliberately spreads false information on the varaakelkka.fi website, infringes or harasses others in any way, or behaves improperly;
4.3.4. publishes Offers or messages/comments that are against good morals or applicable law;
4.3.5. transmits hate speech or spreads political incitements on the varaakelkka.fi website or within the varaakelkka.fi Service;
4.3.6. attempts to evade fulfilling the Agreement or fails to comply with the terms stated in the Agreement;
4.3.7. is deceased, dissolved (liquidated), or insolvent;
4.3.8. a competent national authority requires the Account to be closed or imposes a similar obligation by judgment.
4.4. If a User has incorrectly entered security details on the www.varaakelkka.fi website, the Service Provider has the right to block the User’s access to the marketplace until the circumstances have been verified.
4.5. Vesianttila Oy has the right to block a User’s access to the www.varaakelkka.fi website/Market place and/or Service until the situation is clarified, if the Service Provider becomes aware of facts reasonably indicating that a person without authorization has gained access to security elements of the website/Service or if the use of the Website may be linked to fraud related to the Customer or User, or if other conditions preventing the User from meeting the defined Terms of Use arise.
4.6. If a Customer receives a negative review from another Customer, Vesianttila Oy has the right to temporarily suspend the Customer’s account. The Customer has the right to dispute the restriction by submitting a complaint to Vesianttila Oy. The decision of the Service Provider is final.
4.7. The Service Provider will notify the Customer of Account closure via email or by displaying a corresponding message when the Customer attempts to log into their account. The Service Provider will notify the Customer of any possible closure or modification of an Offer.
4.8. Vesianttila Oy has the right to monitor the operation of the varaakelkka.fi marketplace at any time and ensure that the activities of Customers and Users comply with the law and Terms of Use.
4.9. Vesianttila Oy has the right to store Orders made by the Customer in any format.
4.10. To facilitate the use of the website, the Service Provider has the right to reorganize the information in Customers’ Offers on the varaakelkka.fi website/Service without changing the content of these Offers.
4.11. Vesianttila Oy has the right to charge the Customer for the use of the Service according to the Price List.
4.12. Vesianttila Oy has the right to impose a penalty on the Customer for violations of the Terms of Use according to the Price List.
4.13. If the fulfillment of an obligation is delayed, Vesianttila Oy has the right to charge a penalty for late payment of the overdue amount without further notice, according to the Price List.
4.14. The Marketplace provider is not in any way responsible for products, Services, or other commitments provided by the Lessor or their validity. The marketplace provider is also not responsible for contractual issues between the Lessor and Lessee, except for forwarding the rental fee collected through the marketplace to the Lessor as per the agreement.
4.15. The Marketplace provider has no opportunity or obligation to control the quality of services provided via the marketplace or ensure that agreed assignments are properly executed. The marketplace provider is not responsible for any taxes or tax reporting related to the Lessor’s activities.
4.16. The marketplace’s liability is in all cases limited to the amount of the service fee charged by the marketplace for the respective rental transaction. Under no circumstances shall the marketplace be liable for indirect damages incurred by the Lessor or Lessee.
V. Processing of Personal Data
5.1. Vesianttila Oy has the right to process, as the data controller, information received from the Customer upon registration on the www.varaakelkka.fi website/Marketplace/ Service or requested from the Customer throughout the use of the website, or otherwise disclosed via the www.varaakelkka.fi website, for purposes and within limits set out in the Terms of Use.
5.2. The Customer consents to Vesianttila Oy’s processing of personal data for these purposes and within the limits of the Terms of Use. The Customer has the right to withdraw this consent at any time and demand cessation of data processing and deletion of collected data as well as account removal. Withdrawal of consent shall not have retroactive effect. Vesianttila Oy stores and processes Customer’s personal data as long as the customer agreement is valid or as long as necessary to provide the Services to the Customer. When the agreement with the Customer is terminated and the statute of limitations for claims related to the customer agreement has expired, the Customer’s personal data will be deleted.
5.3. Customers and Users are aware that Vesianttila Oy stores information transmitted from the Customer’s or User’s computer during use of the Website.
5.4. Customers and Users are aware of and give consent to Vesianttila Oy’s use of cookies.
5.5. If technically possible and agreed upon by the parties, Vesianttila Oy is obliged to use encrypted data transmission solutions for transferring information.
5.6. Vesianttila Oy collects and stores the Data electronically and may extract information in another format if necessary.
5.7. Vesianttila Oy uses the Data to provide, develop, and personalize Services.
5.8. Vesianttila Oy shall not transfer or disclose Data to third parties except as stipulated in the Terms of Use or by law.
5.9. Vesianttila Oy has the right to use the Data itself and transfer it to authorized third parties cooperating with Vesianttila Oy for ensuring the quality and availability of Services as well as expanding, improving, and developing the services.
5.10. In cases defined in the Terms of Use, Vesianttila Oy has the right to transfer Data to entities involved in debt collection (collection agencies, law firms, etc.).
5.11. In cases defined in the Terms of Use, these entities mentioned above have the right to transfer the Data to companies managing credit registers, and such entities may process the data to make credit decisions in the credit registers they manage.
5.12. Vesianttila Oy has the right to transfer Data to another Customer if these Customers have negotiated or entered into an Agreement with each other.
5.13. Vesianttila Oy is not responsible if the Customer’s data is disclosed to third parties due to reasons attributable to the Customer.
5.14. Vesianttila Oy processes personal data to implement the Service provided on the varaakelkka.fi website, and the processing of personal data is based on executing related agreements. Providing personal data is a requirement for using the Service and establishing the contract. If the Customer does not provide sufficient information to make the Agreement, Vesianttila Oy cannot provide the Service to the Customer.
5.15. Customers and Users have the right to request deletion, correction, and transfer of Data to another system. Vesianttila Oy will fulfill such requests unless prohibited by data protection legislation. Additionally, Customers and Users have the right to obtain a copy of personal data processed by Vesianttila Oy about themselves, provided that the copy does not harm the rights and freedoms of others.
5.16. If a Customer or User suspects that Vesianttila Oy does not comply with personal data legislation, they have the right to file a complaint with the competent data protection authority. In Finland, the competent authority is the Data Protection Ombudsman, whose contact details are available at https://tietosuoja.fi/yhteystiedot.
VI. Force Majeure
Force majeure means any failure by Vesianttila Oy to fulfill obligations under these Terms of Use due to obstacles beyond its control, which it could not have foreseen at the time of placing the Service order, and whose consequences could not reasonably have been avoided or overcome. Such obstacles may include, but are not limited to, discretionary administrative decisions or unilateral decisions by authorities affecting order and delivery operations, epidemics, quarantine restrictions, fires, floods, strikes, lockouts, industrial disputes, riots, terrorist acts or threats, disruptions in transportation or energy resources. Strikes, lockouts, disturbances in public transport or logistics, boycotts, and other industrial actions constitute force majeure events when they directly affect order and delivery operations. Vesianttila Oy is not liable for delays, difficulties, or disruptions in Service delivery or execution of any obligation under thi ToU caused by factors beyond the Vesianttila Oy’s control, such as strikes or disruptions in public transportation or other similar obstructive actions.
VII. Problem Situations
Dispute Resolution
Finnish law applies to these Terms of Use and disputes or disagreements arising from distance sales contracts. If You are a consumer, you have the right to bring disputes arising from distance sales contracts to the Consumer Disputes Board (www.kuluttajariita.fi). Before submitting a case to the Consumer Disputes Board, you should contact the consumer advisory services of the local magistrate (www.kuluttajaneuvonta.fi). You may also use the European Commission’s online dispute resolution platform (http://ec.europa.eu/odr). As a consumer, you may file claims concerning contractual disputes with Vesianttila Oy either in the district court of Vesianttila Oy’s domicile or in the district court of the municipality in Finland where you reside. If You do not have a place of residence in Finland, disputes will be handled in the district court of Vesianttila Oy’s domicile.
