Terms

Terms of Service
of System Ciechanowski Rower Miejski

PDF version

Valid from 27 June 2019

I.General Provisions
1.The hereby Terms of Service specify the principles and conditions of using System Ciechanowski Rower Miejski (hereinafter: CRM), launched and operating within the administrative borders of the city of Ciechanów.
2.Terms of Service of CRM as well as the Privacy Policy are available free of charge on the internet website www.ciechanowskirower.pl in such a way so as to enable familiarising with the content, obtaining, broadcasting and recording it. These documents may be obtained at the headquarters of Nextbike Polska S.A. with its registered seat in Warsaw, which is the Operator of CRM.
3.Contact:
Nextbike Polska S.A.
ul. Przasnyska 6b
01 – 756 Warszawa
e-mail: [email protected]
tel.: 23 680 43 43
4.Nextbike Systems are compatible, that is setting up an account in one of the systems enables the use of bike rental stations in other cities, unless the terms of service of a given system indicate otherwise: Current list of cities in which Nextbike systems are active may be found under the following addresshttps://nextbike.pl/o-nextbike/

II.Definitions
1.Nextbike Mobile Application – mobile application enabling the use of CRM. The use of Mobile Application is possible on smartphone type of devices with an adequate, valid Android or iOS system, which facilitates the download of Mobile Application from an online store. The Application is available for download free of charge at Google Play stores and Apple AppStore, whilst permanent access to the Internet as well as registration of Client Account within CRM System is the condition for its download and use.
2.Adapter – an element mounted on the fork of the CRM bike front wheel’s fork which connects the bike with an Electric lock.
3.Contact Centre (CC) – service launched by the Operator, ensuring that the Clients have contact with the Operator by means of:
infoline available 24/7 at the following number: 23 680 43 43
electronic post under the address [email protected]
Information regarding the functioning of CC are available on the internet website www.ciechanowskirower.pl
4.Account Blockade – preventive measure consisting of preventing the use of CRM, which may be applied by the Operator in case of breaching by the Client of provisions of the hereby Terms of Service, in particular in case of a breach which constitutes a damage to the property of the Operator.
5.Promotional Voucher – a voucher offered by the Operator which enables topping up Client Account. The voucher amount and its designation is established by the Operator and it is non-refundable. The means from the vouchers are used in the first place, prior to the means paid in by the Client.
6.Price List and Table of Additional Fees – price list for CRM services and charges, constituting an integral part of the Agreement. Price List and Table of Additional Fees constitutes Appendix no. 1 to the hereby Terms of Service and is available on the internet website as well as within Nextbike Mobile Application.
7.Duration of Rental – time counted from the moment of Rental (releasing of electric lock combined with sound signal) until the moment of Bike Return through connecting it with an electric lock and blocking the Bike. In case of lack of free electric locks, through connecting the Bike with digital lock to the stand or to another Bike located at CRM Station. Post blocking the digital lock, one must complete Rental through the Terminal, Mobile Application or by contacting CC. Sole connecting the Bike does not signify its Return.
8.Electric lock – mechanism which releases/blocks CRM Bikes in the docking station. Electric lock constitutes an integral part of each stand at the Station of CRM Bikes. Its automatic closure and blockade of a Bike is combined with a sound signal.
9.Client Identifier – individual number assigned to a Client, corresponding to the number of the mobile phone indicated during registration and a 6-digit PIN number. Any RFID proximity card may also constitute an identifier. Details concerning registration and Client identifiers have been described in Section VI Registration.
10.Client/User – any natural person, user of the CRM System who has accepted Terms of Service and carried out registration at the CRM System thereby concluding Agreement with the Operator.
11.Client Account/Account- personal Client Account created during registration for the purposes of using CRM System as well as charging fees in line with Appendix no. 1 to the Terms of Service. The Client may link compatible cards and mobile devices with his or her account at CRM, in accordance with RFID standard, facilitating the process of Bike Rental.
12.Cost of repairs – cost calculated by the Operator in relation to the damage of a Bike, based on the price list constituting Appendix no. 2 to the hereby Terms of Service.
13.Top up amount – payment of the minimum of 1 PLN submitted towards Rentals onto Client Account.
14.Minimum Account balance – minimum balance which a Client ought to have in order to be entitled to a Bike Rental.
15.Operator – company Nextbike Polska S.A. Realizing the service of CRM maintenance with its registered seat at Ul. Przasnyska 6b, 01-756 Warszawa, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city Of Warsaw in Warsaw, XII Economic Department of the National Court Register under KRS 0000646950, REGON 021336152, NIP 8951981007.
16.Initial fee – amount paid by Clients upon registering in the CRM System. The level of initial fee has been defined in Appendix no. 1. It will be set off against further rental fees.
17.Privacy Policy – separate document to the document of Terms of Service, which specifies the conditions for the processing of Client personal data by the Operator. Privacy policy is available under the following address www.ciechanowskirower.pl/polityka-prywatnosci.
18.Explanatory proceeding – a set of actions undertaken by the Operator, targeted at establishing the circumstances and events occurring in relation to the use of bikes, in particular, those related to breaching of the Terms of Service, accidents and collisions or damages to the property of the Operator.
19.Terms of Service-the hereby Terms of Service shall define the principles and conditions of availing of the CRM System, and in particular, conditions, scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in the CRM System.
20.Children Bike 6+ – bike equipped in wheel rims in the size of 20 inches, designated for the use by one child at a time who is above 6 years old and who has a minimum height of 120 cm and body weight up to 60 kg. The use of Children Bikes may occur exclusively under supervision of legal guardians.
21.Standard Bike – basic type of bike made available within the CRM System by the Operator. Bikes of this type are designated for use by one person who completed the age of 13 and is above 150 cm tall. Bikes of this type have wheels with rims measuring 26 inches and their load capacity amounts to 120 kg. They are equipped in a basket with a deadweight of maximum 5 kg.
22.Standard Bike with children seat – is a standard bike equipped in a seat designating for carrying children with body weight between 9 and 22 kg, who are capable of sitting without assistance for at least the intended period of a bike journey. Carrying a child in the bike seat may occur solely under supervision of their legal guardian. Details concerning the use of Bikes with children seats are available in Appendix no. 3 to the hereby Terms of Service.
23.Tandem type of bike – bikes designated for use by two persons with a total weight up to 227 kg. Equipped in a grip which serves the purpose of carrying solely beverages.
24.CRM Service – actions performed by the Operator in relation to the exploitation, repairs and maintenance of the CRM System.
25.CRM Station – place of Client Rental or Return of each type of CRM Bikes to designated bike stands, marked at the Terminal with a CRM symbol. Information about locations of the CRM stations may be found on the internet website as well as in the Mobile Application.
26.User zone -administrative borders of the city of Ciechanów.
27.Website – internet website launched by the Operator, www.ciechanowskirower.pl, which contains all necessary data for the commencement and subsequent use of the CRM System.
28.System Ciechanowski Rower Miejski/CRM System – system of Bike rental stations launched by the Operator, which includes, in particular, Bikes, technical infrastructure, software and devices which enable Rental and Return of Bikes.
29.Terminal – device designated, among others: for registering Clients in the CRM System, Rental and Return of Bikes, conduct of payments with payment cards.
30.Agreement – Agreement between the Client and the Operator which establishes mutual rights and obligations specified in the Terms of Service. It is considered that the Agreement containing the provisions of the hereby Terms of Service shall be automatically concluded at the time of Registration of the Client within the CRM system, subject to submission by the Client of declaration of acceptance of Terms of Service, indication upon registering of personal data and making of Initial Fee. Personal Data Controller shall be Nextbike Polska S.A.
31.Bike Rental/ Rental – unblocking of the Bike by means of Client Identifier or via another method as specified in Clause VI.5 in order to commence a journey. Rental process is specified in detail in Clause VII of the Terms of Service.
32.Digital lock / clamp – additional line designated for securing the Bike. The blockade constitutes an accessory of each Bike.
33.Bike Return/Return – returning a Bike to a CRM Station through placing the adapter inside the Electric lock. The process of Return is specified in Clause IX of the Terms of Service. Sole securing of the Bike by means of a clamp shall not be understood as its Return.

III.General rules of using the Ciechanowski Rower Miejski System.
1.The condition for the use of the CRM System is the submission by the Client: of the required personal data upon registration, the acceptance of conditions defined in the hereby Terms of Service, as well as payment of initial fee and clicking on the activation link. The condition for the use of CRM is, furthermore, maintenance of a minimum top up level on the Client Account during the time of each rental, in the amount of no less than 10 PLN (in words: ten zloty).
2.Persons who are above 13 years of age but did not complete 18 years of age (further referred to as Minors) may avail of the CRM System subject to the consent of their parent or legal guardian. Such parent or legal guardian bears responsibility on account of any potential damages which may occur, in particular in relation to the non-execution or incorrect execution of the Agreement and they undertake to cover ongoing commitments specified in Appendix no. 1 and Appendix no. 2. It is required that consent of at least one of the parents or legal guardians for the use of Account by a minor was submitted to the Operator:
a.in the form of a scanned letter via electronic means to the address: [email protected]
b.via registered letter sent to the address of the Operator,
c.submitted in person at the headquarters of the Operator,
The consent should include:
d.telephone number of the minor on which the account is registered,
e.first name and surname of the parent or legal guardian,
f.Consent for the use of CRM System by the minor,
g.first name and surname of the minor,
h.date of birth of the minor,
i.handwritten signature of the parent or legal guardian,
j.date and place of granting the consent.
Sample consent may be found at www.ciechanowskirower.pl
3.Disabled persons below 13 years of age may use the bikes solely under supervision of their parent or legal guardian.
4.The Client may rent up to four Bikes simultaneously.
5.The use of Rented Bikes is permitted within the User Zone, subject to the provisions of Clause VII.9 of the hereby Terms of Service.
6.The use of bikes via the CRM System may take place solely for non-commercial reasons.
7.Parties to the Agreement undertake to mutually inform each other of any changes to addresses or other data identifying them, indicated during registration in the system.

IV.Responsibility and commitment
1.The Operator realizes services related to the maintenance of CRM System and bears responsibility for its proper functioning.
2.The Operator shall not bear responsibility for any direct or follow up damages as well as lost benefits caused as a result of improper performance of the Agreement by the Client, or for any other damages for which the Client is responsible, with the exclusion of damages caused by the Operator purposefully.
3.The Client is obliged to abide by the provisions of the Terms of Service, in particular, in the scope of making the agreed payment of the fee and the use of the bikes in accordance with the Terms of Service.
4.The Client is responsible for the use of the Bike in accordance with its designation and in line with the provisions of the Terms of Service as well as the applicable law. In the event of non-compliance with the conditions contained within the Terms of Service of the Operator, he shall be entitled to block the Client’s account. Detailed conditions related to such blocking have been specified in Clause XI of the hereby Terms of Service.
5.The Client shall be responsible for all damages and demolitions stemming from non-compliance with the Terms of Service. The Client may be charged with costs of repair of such damages, including the cost of bike restoration specified in Appendix no. 1 Price list and Table of Additional Fees and Appendix no. 2 Costs of repair and restoring of a bike in the CRM System. The Operator shall submit an adequate receipt or VAT invoice to the Client for completion of the necessary repair works.
6.The Client bears full and total responsibility and undertakes to cover any tickets, fines, fees etc. obtained by the Client, related to the use of the Bike and imposed on them out of their own fault. The Client shall not bear any responsibility for tickets, fees etc. which have been imposed on them and which stem from the Operator’s fault.
7.Bikes are a supplementation of urban means of transport. It is not permitted to use CRM Bikes for mountain trips, jumps, stunts. Racing and using the Bike in order to pull or push anything is forbidden. Carrying luggage is allowed solely by means of a basket designated for this purpose; it is not permitted to hang anything on the bike frame or on any other bike elements. The handle placed on Bikes of tandem type serves the purpose of carrying beverages secured against spilling or falling out.
8.The use of CRM Bikes by persons under the influence of alcohol or other narcotic substances, psychotropic substances or equivalents in the meaning of provisions on counteracting drug addictions; strong anti-allergic drugs, other medicines which by definition are forbidden or recommend not to be applied for drivers of any vehicles, is forbidden.
9.Transport of CRM Bikes by means of vehicles and other means of transport owned by private persons is forbidden. This ban does not concern public transport, provided that traffic regulations allow for such a possibility.
10.The use of any protection which is not a standard CRM System element in order to immobilize a bike is forbidden. The Operator reserves the right to remove inadequate protections applied by the Client. All costs of restoring Bikes to the state enabling realisation of further rentals shall be borne by the Client.
11.The Client is responsible for the Bike he or she rents from the moment of Rental to the moment of Return.
12.In case of lack of return of a Bike due to any reason, including also in case of its loss or theft, the Client shall be burdened with a contractual penalty in accordance with Appendix no. 1 for each lost Bike.
13.The Client undertakes to return the bike in the same state as it was in at the time of Rental. In particular, the Client is obliged to undertake actions targeted at preventing staining of the bike or occurrence of any damages outside of the standard use as well as theft of the rented Bike.
14.In the event of theft of the Bike that occurs during Rental, the Client is obliged to inform CC immediately after noticing the incident.
15.In case of improper Bike Return out of the Client’s fault, the Client bears costs of its further rental and is responsible for any potential theft or damage. In the event of any difficulties with Bike Return the Client is obliged to contact CC.

V.Payments
1.Fees are calculated according to the rates enclosed in Appendix no. 1 Pricelist and Table of Additional Fees, available on the website, within Mobile Application as well as at CC. The basis for calculating the fee for the use of a Bike is the Duration of Rental.
2.Payment for services and products offered within the CRM system may be conducted through:
a.the use of payment cards,
b.online payments available after logging in onto the website, to one’s Client Account,
c.payment form, realized at a post-office or at a bank, generated by the payment operator. The form is available upon logging in on the website, within Client Account,
d.through authorizing the CRM System Operator to charge one’s credit or debit card with all calculated fees, including also the amounts payable in relation to each delayed return, fees on account of damages, theft or loss of Bike/Bikes.
3.Information concerning credit or debit cards are processed by external service providers and are not stored nor disclosed to the Operator.
4.All payments are transferred to the account of Operator.
5.At Client request the Operator will provide the Client with VAT invoices. For this purpose, the Client will contact the Operator via electronic means to the email address of the Operator, in order to indicate data necessary for the issuance of VAT invoice.
6.In case when charging the fee for the ride exceeds the means on the account the Client is obliged to top up his Account at least to reach the balance equal to 0 PLN within 7 days. In case of failure to settle overdue payments, the Operator reserves the right to commence adequate legal steps against the Client, targeted at obtaining the payment on account of the realized Agreement, which results in the blocking of Account until the time of payment of receivables. The Operator shall be entitled to charge statutory interest on any delays in payments of amounts due from the date of their maturity until the factual day of performing payments in the full amount.
7.In case if the Client remains in arrears with payments towards the Operator, the Operator reserves the right to pass the information on overdue amounts to entities indicated by appropriate provisions of law. The Client acknowledges that CRM Operator is entitled to transfer the overdue receivables towards the Client, stemming from the Agreement concluded with him, onto third parties, which will entitle these third parties to pursue the said receivables from the Client. The Operator realizes services related to the maintenance of the CRM System and bears responsibility for its proper functioning.
8.Reimbursement of charges made towards Rentals may be made upon termination of the Agreement.
During the term of the agreement with the Operator of CRM system the payments towards Rentals (top up amount) are non-refundable.
9.The amounts of Promotional Vouchers which have topped up Client Account are not subject to reimbursements. They are used prior to the means paid in by the Client. Details concerning: level of amount, validity term and cause of designation of the Promotional Voucher have been specified in the valid Rules of Promotion, available on the website.

VI.Registration.
1.Prior registration of a Client within the CRM System as well as payment of initial fee are the necessary conditions for the use of the System.
2.Registration may be realized through:
a.Website,
b.Mobile Application,
c.Terminal,
d.Telephone contact with CC
3.During the process of registration, realized in accordance with Clause VI.2. a,b,d indication of the following data shall be required:
a.mobile phone number,
b.first name and surname,
c.contact address, that is city, street including flat/house number, postal code, country,
d.email address,
e.PESEL number.
One must note at least the information that the Client has read and accepted Terms of Service of the CRM System as well as the Operator’s Privacy Policy.
4.During the registration realized through the Terminal indication of the following personal data is required:
a.Mobile phone number,
b.first name and surname,
c.email address,
d.optionally – payment card number in case of payment with credit card with the possibility of charging it,
One must note at least the information that the Client has read and accepted Terms of Service of the CRM System as well as the Operator’s Privacy Policy. The Client is obliged to fill the remaining data specified in Clause VI.3.c.e within 24 hours from the moment of registering.
5.After successful registration the Client receives an automatically generated PIN code which, along with the telephone number, serves the purpose of logging in onto Client Account. Log in data sent via text message to the indicated telephone number and via an email message to the address indicated while registering.
To ensure the process of logging in to the Account and Bike Rental, the Client may connect an RFID card to his or her Client Account. Method of connecting the card with Account is described within the manual available on the website and in CC.
6.Link will be sent to the email address indicated during the process of registering. The Client is obliged to click on the link within 24 hours from the moment of registering. Clicking on the link serves the purpose of verifying the correctness of an email address and is one of the elements which must be fulfilled in order to activate Client Account.
7.Lack of filling out the data or lack of clicking on the link within 24 hours from the moment of registering may cause Account Blockade.
8.Client Accounts which contain incorrect personal data with 0 PLN account balance may be automatically deleted from the CRM database.

VII.Rental
1.Bike rental is possible provided that the Client has an active account status. Active account status is understood as:
a.fulfilment of conditions of Clause VI. registration,
b.having a minimum amount of 10 PLN on the Client Account, or
c.defining at the Terminal, within Nextbike Mobile Application or via the website one’s credit card with the possibility of charging as the preferred form of payment, from which the funds will be automatically charged.
2.CRM bike may be rented by means of:
a.Mobile Application,
b.Terminal, also with the use of RFID card for identification,
c.Contact with CC.
3.Rentals of CRM Bikes are possible at any CRM Stations.
4.Rentals of CRM Bikes commence at the time of Bike release from Electric lock, confirmed by a sound signal. Rental of a CRM Bike secured with a clamp commences at the time of selecting the option of RENTAL at the Terminal or within the application or at the time of acceptance of an order of Bike Rental by an employee of CC. The Code for the digital lock is available on the display of the Terminal at the time of Bike Rental (Rental at Terminal) or within the application, through Duration of Rental or it is sent via a text message (Rental through CC).
5.It is the Client’s obligation to ensure, prior to commencing the ride, that the bike is suitable for the designated use, in particular, that the tyres of the bike are inflated and the brakes are in order as well as the lights operate. Once the Bike is released, the Client is obliged to secure the rope in such a way so as to prevent it getting into the wheel. In the event when the clamp is missing from the Bike, the Client is obliged to contact CC and inform it of the absence of the clamp.
6.In case of discovering during Rental any failure of the Bike, the Client is obliged to immediately report the problem to CC or via the Mobile Application and return the Bike, if possible, to the closest Bike Station.
7.In case when during rental of a Bike an accident or collision occurs, the Client is obliged to write a statement or call the Police to the site. Furthermore, in case of occurrence of the above event the Client is obliged to inform CC of this fact no later than within 24 hours post the event.
8.It is recommended that the Client has a mobile phone with them through which connection may be made with CC if necessary.
9.The Rented Bike may be used within the User Zone. In the course of rental, the User may cycle beyond the functional area of User Zone, however, he or she is obliged to return to it prior to completing Rental and return it within the area of User Zone, otherwise the User will be charged with a fee in accordance with Appendix no. 1.

VIII.Duration of Rental
1.Duration of Rental of the Bike commences at the time of Bike release, in accordance with Clause VII.4 of the Terms of Service. It ends at the time of Bike Return, in accordance with Clause IX.1 of the Terms of Service.
2.The Client is obliged to return the Bike within the maximum Duration of Rental, that is within 12 hours.
3.Exceeding the duration of hours in a single rental causes additional charging of the fee in accordance with Appendix no. 1.

IX.Return
1.Bike Return is possible at a CRM Station, by means of:
a.connecting the CRM Bike by means of an Adapter to a free Electric lock. Correct blocking of the Bike at a stand will be confirmed by a sound signal as well as a physical closing of the Bike in the lock;
b.locking by means of a digital lock in case of lack of free Electric locks. The Bike must be connected to a stand by means of a clamp or another correctly secured Bike, located at a given CRM Station and the digits of the digital lock need to be shuffled. Subsequently, RETURN option must be selected at the Terminal or within the application and then one must follow the instructions displayed on the Terminal or the messages appearing on the mobile phone.
2.In the event of any difficulties with the CRM Bike Return, the Client is obliged to contact CC, while remaining by the Bike.
3.The Client is obliged to correctly return and secure the bike, as specified in Clause IX.1. Failure to adhere to this obligation may result in:
a.calculation of fees for the use of a Bike in accordance with the Price List, and in case of rental exceeding the maximum Rental Duration, calculation of an additional fee in accordance with Appendix no. 1 of the Terms of Service,
b.calculation of contractual penalty for loss, theft or damage of a Bike in accordance with Appendix no. 1 to the Terms of Service (depending on the type of Bike),
c.Calculation of fees for leaving the CRM Bike outside of the CRM Station, in accordance with Appendix no. 1,
d.temporary or permanent blocking of Client’s account.
Fees sum up.

X.Failures and repairs
1.Any failures ought to be reported by phone to CC or via Mobile Application immediately upon being noticed. In case of each failure which prevents further ride, the Client is obliged to stop and report this via phone to CC as well as, if possible, return the Bike to the closest CRM Station.
2.Self-repairs, modifications or replacements of parts within the rented Bike are forbidden. The only authorized entity to perform these actions is CRM Service.
3.The Client has an obligation to have the possibility of contacting CC at all times when renting a Bike.

XI.Blockade of User Accounts
1.The Operator reserves the right to temporarily block Client’s account in CRM system in case of non-compliance with the conditions of bike use at CRM, specified in the hereby Terms of Service.
2.In particular, the account blockade may occur, when the Client:
a.failed to provide personal data specified in Clause VI of the Terms of Service.
b.uses the Bike not in line with its designation;
c.leaves the Bike outside of the Station,
d.leaves the Bike unsecured.
3.Blockade of Account may also occur in case when post Bike Rental by the Client the Bike has been lost.
4.Permanent blockade of Client Account prevents any future setting up of subsequent account and is equivalent to the termination of agreement with a given Client through his fault.

XII.Complaints
1.A complaint is an expression of discontent by a Client on account of the provided service or the course of process related to the provided service and it may be related to a simultaneous demand for correction of the service or a reimbursement of entirety or part of the calculated fee. Submissions which do not contain claims directed at the Operator shall not be considered as complaints.
2.Complaints ought to contain at least such data as: first name, surname, address, telephone number, allowing for Client identification. In case of lack of data that would enable identification of a Client, the Operator will leave such submission unattended.
3.All complaints concerning the services provided on the basis of the Terms of Service may be submitted:
a.via electronic means to the email address indicated in Clause I.3,
b.via electronic means by filling out a contact form available on the website,
c.via telephone,
d.via registered letter to the address of the Operator, specified in Clause I.3
e.in person at the premises of the Operator.
4.If data contained within the complaint require supplementation, the Operator requests that the complaining person supplements the complaint within the indicated scope prior to reviewing the complaint.
5.The recommended term for submission of complaints should not exceed 7 days from the date of occurrence of the event which constitutes the cause of a given complaint.
6.Submitting a complaint does not release the Client from the obligation of a timely realization of the obligations towards the Operator.
7.The Operator shall process a complaint within 14 days from the date of obtaining it and in case of matters of more complicated nature, this period may take up to 30 days. In case of the necessity to supplement the complaint the term for reviewing the complaint commences on the day of receipt of documents by the Operator which supplement the complaint or which provide additional explanations/information. In case of an inability to meet the deadline for the review of a complaint, the Operator will inform the Client of any delays, indicating the cause of a delay (circumstances which must be established) and an expected term for the review of the complaint.
8.Response to a complaint shall be posted to the Client via electronic post or traditional post to the correspondence address in a manner specified in the complaint. The Operator may post a response to an alternative address / email address indicated by the Client submitting the complaint within the correspondence.
9.The Client may appeal against a decision issued by the Operator. The appeal will be considered within 14 days from the day of its submission to CC. The appeal ought to be submitted in one of the following manners:
a.via electronic means to the email address indicated in Clause I.3,
b.via electronic means by filling out a contact form available on the website,
c.via registered letter to the address of the Operator, specified in Clause I.3
d.in person at the premises of the Operator.
10.The Client may:
a.direct an appeal against the decision of the Operator directly to CC within 14 days from the date of receipt of the reply to the complaint.
b.launch civil action against the Operator in the adequate general court.

XIII.Termination of Agreement
1.Withdrawal from Agreement:
a.The Client may withdraw from the Agreement concluded with the Operator – on the basis of the provisions of law, without indicating the cause, within the term of 14 days from the date of its conclusion. The term is considered as fulfilled if prior to its expiry the Client posts a statement of withdrawal from Agreement to the Operator.
b.The Client may withdraw from the Agreement via:
i.sending to the postal address of the Operator, specified in clause I.3 a written declaration of withdrawal from Agreement,
ii.sending via registered post to the postal address of the Operator, specified in Clause I.3, a written declaration of withdrawal from Agreement. For this reason the Client may avail of the form on withdrawal from Agreement enclosed in Appendix no. 2 to the Act on Consumer Rights (Journal of Laws of 2019, item 134), however, this is not obligatory.
c.In case of withdrawal from the Agreement, the Agreement is treated as non-concluded. In case of withdrawal from the Agreement each party is obliged to return to the other party all the items it obtained on the basis of the Agreement. The return of services occurs no later than within 14 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement. The return of payment is conducted with the use of the same payment methods which were used by the Client in the initial transaction, unless within the declaration of withdrawal from the Agreement the Client agreed to another solution.
d.Should, pursuant to the demand of the Client, the execution of service commence prior to the expiry of the term of withdrawal from Agreement, the User is obliged to pay for the services fulfilled until the moment of withdrawal from Agreement. The reimbursement of remaining means on the account occurs no later than within 14 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement.
2.Termination of the Agreement upon application of the Client
a.The Client has the right to terminate the Agreement. Termination may be submitted by the Client in the following manner:
i.via electronic means to the email address indicated in Clause I.3,
ii.via electronic means by filling out a contact form available on the website,
iii.via registered letter to the address of the Operator, specified in Clause I.3
iv.in person at the premises of the Operator.
b.The termination of Agreement takes effect immediately, within 14 days from the date of receipt of the termination by the Operator. Liquidation by the Operator of Client Account within the CRM System shall be the result of Agreement termination.
c.Prior to terminating the Agreement the Client is obliged to top up the means on the Client Account to reach the balance of 0 PLN. Termination of Agreement in a situation in which the balance of the Client Account of the Client is negative remains without effect on the right of the Operator to pursue the amount equal to the unsettled by the Client amount of receivable for services provided by the Operator.
d.If the funds on the Client Account exceed 0 PLN on the day of Agreement termination they will be reimbursed to the bank account indicated by the Client, unless the Client consented to an alternative solution within Termination of Agreement. Reimbursement of funds will occur within the term up to 14 days from the date of Agreement Termination. In case when the reimbursement of funds triggers the necessity to bear additional costs on the side of the Operator in the form of transfer charges, these costs will be deducted from the funds to the reimbursement of which a Client is entitled.

XIV.Final Provisions
1.The acceptance of the hereby Terms of Service and Rental of a Bike indicates: a declaration of the health state which ensures safe movement on a Bike; ability to ride a Bike; possession of permissions required by provisions of law and knowledge of road traffic provisions.
2.The Operator reserves the right to terminate the Agreement with a notice of 14 days in case the Client breaches the provisions of the hereby Terms of Service (i.e. lack of acceptance of the new Terms of Service, non-return of a bike at the required time) while the Client is entitled, in respect of the Operator, to submit claims related to the return of means on the Client Account, provided that they were not used by the Operator previously to cover the payable liabilities chargeable to the Client.
3.The Operator is authorized to introduce changes to the Terms of Service or Privacy Policy effective in the future. The information regarding changes to the hereby Terms of Service or to the Privacy Policy will be sent to Client’s email address indicated upon registration. Lack of written information of lack of acceptance of the change to Terms of Service or Privacy Policy sent to BOK within 14 days from the day of its posting to the Client indicates acceptance of introduced changes within Terms of Service by the Client. Written information of the lack of acceptance by the Client of changes to the Terms of Service or Privacy Policy shall constitute termination of the Agreement by the Client.
4.For all matters unresolved in the hereby Terms of Service the binding legal provisions shall apply, and in particular, the provisions of the Civil Code and the Act on Road Traffic.
5.In case of any discrepancies between the Polish and the foreign language version of the Terms of Service, the Polish version of the document shall prevail.

Appendix no. 1 PRICELIST AND TABLE OF ADDITIONAL FEES

Additional fees

Fees indicated in the tables are VAT tax inclusive.

Appendix no. 2 Costs of repair and restoring of a bike at CRM System

*may be subject to changes

Appendix no. 3 Principles of use of Standard Bike with child seat

1. Maximum burdening of Bikes equipped in children seats cannot exceed 114 kg per bike.

2. The use of Bikes equipped in children seats is possible solely under the supervision of a legal guardian of the child who possesses an account within the CRM System. The legal guardian is obliged to correctly secure the child in the seat, in accordance with the user instruction placed on the seat.

3. In case of any doubts as to the manner of securing a child in the bike seat, the User ought to contact CC via telephone.

4. Bikes equipped in children seats are designated to carrying children with body weight from 9 kg to 22 kg, who are capable of sitting autonomously for a period of time longer or even to the intended bike journey.

5. Prior to placing the child in the seat, one must ensure whether the seat, the mounting mechanism for the bike and the restraining elements, designated at ensuring safety of the child during ride are not damaged or bearing traces of damages, nor loosened up and that they are stably mounted to the Bike. It is also recommended to control the seat temperature (whether it is not excessive i.e. due to direct sun exposure). In case of observing any irregularities and, in particular, in case of noting defectiveness of the seat or defectiveness of its mounting to the Bike, the User of the CRM System ought to inform the Operator of the above by means of CC and the use of such a seat is forbidden.

6. Legal guardian assumes full responsibility for the child in the course of rental of the Bike equipped in a child seat.

7. Children in bike seats ought to be wearing helmets securing them (helmets do not constitute standard Bike accessories). One must remember that children ought to be equipped in adequate clothing that secures them against weather conditions, such as rain or sunlight.

8. Children must be placed in a seat in a manner that guarantees their optimal comfort and safety in the course of the ride, using the restraining system in order to ensure restraining of child’s movement in the seat. It is recommended that the back support is slightly tilted backwards.

9. The User is obliged to ensure that the carried child is secured in a way that prevents them from falling out during the ride. If an accident occurs due to improper use of the restraining mechanism, the Client shall bear responsibility in such case.

10. Prior to commencing a ride one must ensure that:

    1. there is no possibility of any part of child’s body, clothing or restraining elements to come into contact with the moving seat element or the bike,

    2. additional burdening of the Bike does not negatively impact the steering capacity of the bike or its balance, necessary for safe movement on the Bike;

    3. body mass and size of the child do not exceed the maximum workload of the seat (the above must be controlled also during the ride).

11. Performance of any sort of seat modifications and mounting of additional luggage in the place where the seat is mounted with a child inside is forbidden. One must maintain caution during the ride by a Bike with a child placed in the seat, bearing in mind that the Bike may operate differently in terms of maintaining balance, steering and braking. In particular, one must adjust the speed of riding to the limitations stemming from travelling by means of an additionally burdened bike.

12. In the course of Bike use one must carry out an ongoing verification whether the bike’s rack functions properly and furthermore, whether the carried child does not obscure in any way the bike’s reflectors placed on the rack/seat.

13. One must furthermore pay special attention not to leave the Bike parked with the child remaining in the seat without supervision.

14. Rentals and Returns of Bikes with children seats are possible at each of the stations.