Kuopio bike-sharing terms may violate consumer protection law

The terms of use for Kuopio’s Vilkku city bikes may be partially illegal, according to the Finnish Competition and Consumer Authority (FCCA).

An FCCA expert said clauses that exempt the service from liability for faults appear to breach consumer protection law, which prohibits such terms.

This summer, users have reported widespread connectivity issues with the bikes following the shutdown of the 3G network, yet some have still been charged even when unable to use them.

The terms state the city is not responsible for service disruptions or other faults, and users waive the right to compensation for usability problems. FCCA senior specialist Raija Marttala said such clauses are likely unlawful.

“When selling services to consumers, providers cannot limit their liability for defects through contract terms. Terms violating consumer protection law are void,” she said.

Marttala noted that if a service fails through no fault of the user, consumers are entitled to either a free replacement or a refund. Kuopio’s terms impose a strict 48-hour window for complaints; failing to report an issue within this period forfeits the right to compensation.

While consumers must report faults promptly, Marttala stressed that deadlines cannot be unreasonably short, and terms cannot remove the right to compensation if a defect is verifiable.

Timo Heiskanen, Kuopio’s traffic information engineer, said users can avoid charges by returning a non-functional bike within the first minute. The system’s smallest pricing option is per-minute billing at 15 cents per minute, with day, week, and month passes also available.

Heiskanen acknowledged that the city has assessed compensation cases individually, as stated in the terms. Day-pass users unable to use the service at all have typically received refunds, but seasonal passes do not cover individual failed trips.

He justified the policy by noting that a shared-use system cannot guarantee all bikes remain operational at all times.

Technical issues stemmed from modem connectivity problems. About 100 modems have been replaced, halving the number of reported faults. Work continues, with all new modems expected to be installed by the end of July. At the peak in late June, the city received around 50 calls daily and 200–300 weekly reports through its ticketing system. Of the 500 city bikes, 275 with older modems experienced connectivity issues.