TERMS OF SERVICE

of the system for City By Bike

[Valid from 15.04.2017]

PDF version  

I. General Provisions

1. The hereby Terms of Service shall define the principles and conditions of the use of the system of City By Bike , launched in the city of Katowice.

2. Terms of Service of City By Bike as well as the Privacy Policy are available free of charge on the internet website www.citybybike.pl, in such a way so as to enable familiarising with the contents, obtaining, accessing and recording it. This document may be obtained at the Nextbike Polska S.A. with the company seat in Warsaw,

3. Contact:

Nextbike Polska S.A.

ul. Przasnyska 6b

01-756 Warszawa

e-mail: bok@citybybike.pl

tel.: 32 630 61 61 (call charges in accordance with the tariffs of the Operator).

4. All Nextbike systems are compatible, that is, setting up an account in one of the systems enables the use of bikes at rental stations in other cities.

 

II. Definition

1. Terms of Service-the hereby Terms of Service defines principles and conditions of availing of City By Bike , and in particular, conditions, scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in City By Bike system. Acceptance of the provisions of the Terms of Service and fulfilment of all conditions defined within it shall form the basis and the condition for the approval of rental of a bike within City By Bike system.

2. Agreement– Agreement between Client and Operator which establishes mutual rights and obligations specified in the Terms of Service. It is agreed 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 City By Bike subject to initial fee payment paid during the registration process of the Client in City By Bike .

3. Operator– Nexbike Polska S.A. realizing the services related to the handling of City By Bike within the framework of the consortium of Nextbike Polska S.A. companies, ul. Przasnyska 6b, 01-756 Warszawa, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the city of Warsaw in Warsaw, XIII Economic Department of the National Court Register under the KRS number 0000646950, REGON number 021336152, NIP number 8951981007,

4. City By Bike System– system of bike rental stations launched by the Operator, which includes, in particular, bikes, technical infrastructure, software and devices which enable the rental of bikes.

5. Client-participant of City By Bike System who has accepted the Terms of Service and is registered within the City By Bike System.

6. City By Bike Service– actions performed by the Operator in relation to the exploitation, repairs and maintenance of City By Bike .

7. Contact Centre of City By Bike (CC) – a platform launched by the Operator which ensures telephone contact for its Clients via a hotline at

a. the following numbers 32 630 61 61

b. contact via electronic post via e-mail to the address bok@citybybike.pl

Information regarding the functioning of CC is available on the internet website www.citybybike.pl

8. City By Bike station– set of bike stands with the devices for self-registration in the City By Bike system and for rental of bikes through City By Bike Terminal. List of City By Bike Stations may be found on the internet website www.citybybike.pl.

9. City By Bike Terminal-device for self-rental of bikes located in City By Bike Stations.

10. Client Identifier– Client personal number assigned to him by the Operator and saved in numerical format, in the form of mobile telephone number which the Client has defined during the registration at City By Bike and a 6 digit PIN number which was indicated during registration in City By Bike . In order to facilitate the process of rental and the return of bikes within the City By Bike system, the Client is allowed to use, post activation in City By Bike Terminal: Śląską Kartę Usług Publicznych, ELS Electronic Student ID or payment proximity card. During the rental and the return of the bike they are treated as equal to the Client Identifier. During the rental and return of the bike the Client has the following methods of identification at disposal:

a. mobile telephone number which, together with PIN number is treated as equal to the Client Identifier,

b. Śląską Kartę Usług Publicznych (ŚKUP) – proximity, personalized electronic card (RFID) with a unique, encoded number together with a PIN number.

c. ELS Electronic Student ID (ELS), proximity, personalized electronic card (chip+RFID) with its unique, encoded number together with PIN number,

d. payment cards-consumer credit cards, charge, debit and pre-paid cards issued by payment organizations of Visa International and Mastercard International issuers and other which fulfil the requirements of electronic payment means in the meaning of the act on electronic payment instruments (that is Journal of Laws of 2012, item 1232) with PIN number. Terminals are adjusted for cooperation with PayPass and PayWave types of products.

Post logging into one’s account on the website www.citybybike.pl the Client may turn off the PIN code through unticking the option: Upon each rental and return , in order to ensure my safety, please ask me about my PIN number. This option allows for rental/return of the bike without the necessity of entering the PIN code with the sue of identification methods: b,c,d or e at the terminal.

11. Tables of charges and penalties – pricelist of services and charges of City By Bike , being an integral part of the Agreement. The pricelist is available on the website www.citybybike.pl.

12. Costs of repair and restoring of a bike in City By Bike System – pricelist of parts and services related to repair or restoring of a bike

13. Pre-paid account-personal account of a Client within the settlement system of City By Bike System where debit and credit operations are realized for the use of services and products offered within the City By Bike System in accordance with the Tables of charges and penalties. Pre-paid account may be topped up by the Client via upfront payment as a pre-payment.

14. Initial fee-the amount of initial fee within City By Bike system equates to 10PLN gross (in words: ten zloty) and is made by the Client upon registering in City By Bike . The payment indicates grating consent by the Client and acceptance of the provisions of the hereby Terms of Service and at the same time it constitutes the first top up payment instalment.

15. Top-up amount-payment on account of rentals made to the pre-paid account.

16. Security procedure– each action undertaken by the Operator in the event of lack of return of the bike at the agreed time and in the acceptable state, in particular, preliminary, debt-collection and court proceedings.

17. User zone-administrative borders of the city of Katowice Commune.

18. Bike rental– rental of a bike from City By Bike Station by means of Client Identifier or via a method specified in clause II.10. Rental process is specified in clause VII. of the Terms of Service.

19. Bike return-return of the bike to City By Bike Station. The process of bike return is specified in clause X of the Terms of Service.

20. Electrolock– mechanism which releases and blocks the bikes in the docking station.

21. Promotional/award voucher– The Operator stipulates the possibility of topping up the account set up within the City By Bike system. The amount of the promotional/award voucher and its purpose is established by the Operator and is non-repayable, meaning that is there is no possibility of withdrawing the funds from the system. The amount of the promotional/award voucher is used first, that is prior to the funds paid by the Client. In the case of promotional vouchers, details regarding the amount, the validity term and the reasons for granting them are defined within the Terms and Conditions of Promotions, available on the system’s website.

22. Blocking an account– a preventive measure to which the Operator may resort. In the event of a breach of the provisions of the Terms of Service hereby described, in particular a breach resulting in damage suffered by the Operator, the Operator reserves the right to block a Client’s account until the issue is rectified.

 

III. General rules of use of City By Bike

1. The condition for the use of City By Bike System is submission by the Client of the required personal data upon registration, the acceptance of conditions defined in the hereby Terms of Service, payment of initial fee. The condition for the use of City By Bike is, furthermore, maintenance of a minimum top up level on the Client’s account during the time of each rental, at the amount of no less than 10 PLN (in words: ten zloty).

2. The Operator rents a bike to a Client in line with the provisions specified in the Terms of Service. The Client is obliged to abide by the provisions of the Terms of Service, in particular, concerning the agreed payments and the use of the bike in accordance with the Terms of Service.

3. Persons above 13 years of age who have not attained the age of 18 (further referred to as minors) must, prior to conclusion of Agreement, submit to the Operator a written consent of one of the parents or legal guardians for the conclusion of the Agreement, as well as a statement on assuming responsibility by the parents or legal guardians on account of any potential damages, caused in particular as a result of non-performance or improper performance of the Agreement and on account of any ongoing liabilities defined in Tables of charges and penalties as well as Cost related to repair and restoring of a bike in City By Bike System. Within the statement the parents or legal guardians must undertake to top up the account of the minor within City By Bike System. The consent must be sent via electronic post to the email address bok@citybybike.pl via post to the address of the Operator or in person in the headquarters of CC City By Bike .

4. Minors must possess a bicycle or motor license in order to use the bike rental.

5. The Client may rent up to four bikes at the same time. It is possible, subject to prior booking, to increase the number of bikes rented at the same time.

6. The use of the rented bike is allowed within the User zone.

 

IV. Responsibility/ Obligation

1. The Client is responsible for the use of a bike in accordance with its purpose and with the provisions of the Terms of Service.

2. The Client undertakes to return the bike in good technical condition and in the same state as it was in at the time of renting. The Client shall bear full responsibility for any results of events which occur pursuant to the breach by him of the law in place when using the City By Bike System.

3. The use of bikes via City By Bike System may take place solely for non-commercial reasons.

4. The Client is responsible for the bike/all the bikes he rents at a given time from the moment of rental from a City By Bike Station to the moment of their return to the City By Bike Station. In particular, the Client is obliged to undertake actions in order to prevent any damages or theft of the rented bike which may occur from the moment of renting the bike at any City By Bike Station to the moment of its return to any City By Bike Station.

5. In case of a theft of a bike which occurs during the rental the Client is obliged to inform CC City By Bike of this fact and immediately report the theft (robbery) to the closest Police station.

6. The use of City By Bike System 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 medicine which by definition are forbidden or recommend not to be applied for drivers of any vehicles, is forbidden.

7. 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 bears responsibility for fines, tickets, fees etc. which have been imposed on them and which result from Operator’s fault.

8. In case of proven damages resulting from improper use of the equipment which is part of City By Bike System, the Client agrees to cover the costs of repair and restoring of the equipment in order for it to be restored to the state prior to rental. The Operator shall submit an adequate receipt or VAT invoice to the Client for completion of the necessary repair works. The evaluation of the value of individual bike parts which have been damaged by the Client shall be made on the basis of Annex no 2 to the present Terms of Service, further referred to as “Costs of bike repair and restoration in the City By Bike System”.

9. In case of improper return of the bike 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 the return of the bike the Client is obliged to contact CC City By Bike .

10. Any purposeful damages to the property of Operator will result in commencement of court proceedings. The Operator reserves the right to recover any justified costs, including costs of legal representation, from the person who caused damages or destructions.

11. The Client is responsible for any potential damages which may arise as a result of non-performance or improper performance of the Agreement to the full amount, whilst, one of the elements of the damage may be the so called cost of bike restoration, specified in Tables of charges and penalties as well as table of Costs of repair and restoring of bike in City By Bike System.

12. The users are forbidden to transport the bikes in the system via vehicles and other means of transport, owned by private persons, excluding Means of Public Transport.

 

V. Registration

1. Prior registration of a Client and payment of Initial fee are the necessary condition for the use of City By Bike System.

2. The registration takes place at the internet portal available at the address: www.citybybike.pl. In addition it is allowed for the registration to be conducted at CC, via telephone contact with an employee of CC and by means of a payment card with the option of charging in City By Bike Terminal, as well as through the use of Nextbike application which is available on the devices equipped in iOS, Windows and Android systems.

3. During the registration process through the website www.citybybike.pl, via the Nextbike application or via telephone contact with the CC employee the indication of the following personal details is necessary

a. name and surname,

b. contact address, that is city, street including flat/house number, postal code, country, email address,

c. PESEL number,

d. mobile phone number,

e. payment card number in case of payment card payment with the possibility of debiting,

f. education (optional)

g. occupation (optional).

4. During the registration process in City By Bike Terminal the Client indicates the following personal details, which he is obliged to supplement with the additional data specified in clause 3, items b and c, no later than within 24 hours after registration:

a. mobile phone number

b. name and surname,,

c. payment card number with possibility of debiting

5. During the registration process at City By Bike Terminal the Client enters the PIN code of his own. Whilst, during the registration via: internet website, Android application and CC-PIN code is generated automatically. Post registration the Client receives a confirmation from City By Bike System regarding a successful registration as well as his individual PIN code which, together with an indicated mobile phone number, constitutes Client Identifier in City By Bike System.

6. The condition for registering is entering the real data, the acceptance of conditions defined in the hereby Terms of Service and consent for processing of personal data in accordance with the act of 29 August 1997 on personal data protection for the purpose of performance of the Agreement (that is Journal of Laws of 2016, item 922). The Client has the right to access the content of his personal data and the possibility to amend, supplement or change them. The data administrator is Nextbike Polska S.A. with its registered seat in Warsaw 01-756, ul. Przasnyska 6b. Submission of personal data is voluntary, but necessary; lack of personal data submission prevents the use of City By Bike System services. The information on the safety of personal data is available within the Privacy Policy document of Nextbike Polska, available at: http://cust.nextbike.pl/link/vet-map/politykaprywatnosci.pdf.

7. Personal data are processed solely for the purpose of proper functioning of City By Bike and may be accessible to other entities cooperating with Nextbike exclusively within the framework of the provisions of law in force.

8. The Client further grants consent for receiving via text messages and electronic post information materials concerning services provided by the Operator within the framework of City By Bike , as well as anonymous questionnaires sent by means of electronic post or available directly within the City By Bike System, targeted at obtaining by Operator demographic and profile Client personal data (such as education level, employment, age). Such data will be used in order to test the preferences of Clients and the adjustment level of Operator’s offer to the expectations of Clients, as well as for the statistical analyses and for creation of general image among the Clients which is passed on to Operator’s marketing partners. Receiving information materials and disclosure of the above noted data is at all times voluntary and the Client may at any time withdraw from obtaining these materials or questionnaires.

9. The content of individual transactions/rentals is available solely for the parties of the Agreement. Each Client who has performed registration, having logged in, has access to all his transactions/rentals for the period of their storage within the IT system. Client data concerning individual transactions/ rentals are stored by the City By Bike IT system. If there are no overdue payments for the use of bikes, data are deleted immediately post receipt of a request on deletion from the Client. In the event when a complaint has been filed, data are stored until such time as the complaint process has ceased, for the period of 6 months and for the period of a potential proceeding resulting from a complaint, during investigation of Client’s claim, for evidential purposes, however, not shorter than 6 months and not exceeding 2 years from the day of issuing the response to th given complaint. In case of a notification within this term (ie. compensation or indemnification for damages)- data are processed during establishing the potential liability of the Operator/ Client and realization of the issued judgement in this regard.

10. Personal data are processed, stored and secured in accordance with the principles specified in the binding legal provisions.

11. Administrator of personal data-Operator undertakes to maintain confidentiality od personal data and not to disclose them to any third parties, unless, pursuant to a clear authorization from the Client or in the event when such authorization will result from a specific provision of law. This obligation shall remain in force post expiry of the legal relationship which is between the Lessee and the Operator.

12. In order to adjust the content and the services to the individual needs and interest of Clients, the Operator uses the so called cookies, that is information saved by the server of the Service on Client’s computer, which the server may read during each connection from the given computer. Cookies files provide statistical data regarding Client traffic and their use of the particular City By Bike pages, as well as enable a swift provision of Services. The Client may at any time switch off the option of accepting cookies in his browser settings, however, this may trigger problems and in some cases disable the use of City By Bike System.

 

VI. Payment methods

1. Payment for services and products offered within the City By Bike system may be conducted through:

a. debiting the account of payment card of the Client, or

b. crediting the pre-paid Account via bank transfer or through payment via payment card, in particular, via www.citybybike.pl portal from which the means will be charged in the amounts as indicated in Tables of charges and penalties, and subsequently transferred to the account of the Operator. Payment method may be altered freely through selecting the appropriate option in the City By Bike System, available via www.citybybike.pl.

2. Launching the order of payment card debiting takes place upon registration, by entering the payment card number, that is credit card, debit card within City By Bike Terminal, during the contact with CC, as well as via Nexbike application available on iOS, Windows and Android system devices.

3. Payment method may be altered each time, post logging in to the website www.citybybike.pl, within the tab My Account

4. All payments are transferred to the account of Operator.

5. If the Client requests it, the Operator will provide a VAT invoice, covering the price of the ride. In order to do so, the Client should send an e-mail to the Operator’s e-mail address, providing the data necessary to issue a VAT invoice, as well as the date and time of the bike rental and number of the bike.

6. The Operator will send the invoice in electronic format to the e-mail address with which the Client contacted the Operator. In justified cases, the Operator can send the invoice to another e-mail address provided by the Client.

 

VII. Rental

1. Rental of a bike is possible provided that the Client has an active account status. Active account status is understood as:

a. a minimum amount of 10 PLN gross on the pre-paid Account, through topping up by means of transfer or by single payment with the use of payment card,

b. defining which form of payment of the payment card with possibility of debiting, via terminal or via contact with CC, through which these means are automatically transferred.

2. Rental of a bike is possible at any City By Bike Station:

a. in case of a bike locked by electrocolck; post prior activation of City By Bike Terminal, logging and acting in accordance with the instructions displayed on the City By Bike Terminal. Release of the electrolock is signalled by an appropriate message shown on City By Bike Terminal as well as by sound signal.

b. in case of a bike secured solely with a code lock: through City By Bike Terminal, by means of Nextbike application available on iOS, Windows and Android devices, via telephone contact-by calling the numbers indicated on the Terminal: 32 630 61 61 (answering machine – call charge in accordance with operator’s tarrifs),

3. Rental commences once the procedure of rental specified in clause 2. is completed.

4. During the rental the Client obtains the number for the code lock within the rented bike. This number may be confirmed until the return tie at the City By Bike Terminal, on Nextbike application as well as in CC. The Client is obliged to ensure that the bike is equipped in protective rope, also called a clamp, prior to rental. In the event when it is missing, the Client is obliged to contact BOK and inform it of the absence of a clamp.

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. 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.

6. In case of discovering during the bike rental any failure of the bike, the Client is obliged to immediately report the problem to CC and return the bike to the closest City By Bike Station.

7. Rental and use of an unfit bike by the Client may result in his liability for any failures or damages resulting from the use, in case when the Client could have been able to identify the unsuitability of the bike.

8. It is recommended that the Client has, during rental, a working mobile phone in case of a necessity to contact CC.

9. The basket mounted in front of the bike is suitable solely for the carriage of light items. In order to ensure safety and at the risk of damaging the bike it is not allowed to place any heavy items within the basket. The maximum weight of items within the basket cannot exceed 5 kg. Items placed in the basket may not hang out of the rim of the basket and they should not contain any sharp edges. If an accident occurs due to inappropriate use of the basket, the Client bears responsibility for it and will cover any costs arising from it. The Operator shall not bear responsibility for damages to items or goods carried in the basket.

10. Maximum weight of Client and baggage cannot exceed 120 kg.

11. In case of any problems with the rental or return of the bike from City By Bike Station the Client is obliged to contact CC by phone. The employee of CC will inform the Client of further actions to be taken. The rented bike ought to be used in accordance with its purpose. City By Bike bike as a transport means is designated to move between City By Bike Stations. It is not allowed to use City By Bike bikes for mountain rides, jumps, stunt tricks, as well as racing and using the bike to pull or push anything is not allowed.

 

VIII. Duration of rental

1. The Client is obliged to return the bike no later than within 12 hours from its rental.

2. Exceeding the 12 hour duration of rental causes charging additional fees and penalties in accordance with the Tables of charges and penalties.

 

IX. Repairs and failures

1. Any failures ought to be reported by phone to CC. In case of each failure which prevents further ride the Client is obliged to stop and inform via telephone CC as well as return the bike to the closest City By Bike Station.

2. It is forbidden to conduct any repairs, ,modifications or replacements of parts within the rented bike on one’s own. The only authorized entity to perform these actions is City By Bike Service.

3. The Client has an obligation to have the possibility of contacting CC at all times when renting a bike.

 

X. Return

1. The Client is obliged to connect the bike with the bike stand in such a way so that the adapter installed to the fork of the bike is placed within the electrolock being an integral part of the stand and hold the bike until an automatic closure of the lock blockade. Automatic closure of the blockade is signalized by a sound signal and a physical lock of the bike in the electrolock. We recommend that the Client ensures that the bike has been returned to the City By Bike System. This may be done through logging into the City By Bike Terminal by means of Nextbike application or through contacting CC.

2. If placing the bike within the electrolock is impossible (ie. lack of free bike stand at the City By Bike Station or failure at City By Bike Station) the Client is obliged to return the bike with the use of code lock, connecting the bike to the stand or another bike within the City By Bike Station, lock down the code lock, press the “Return” button on the electronic part of City By Bike Terminal and proceed according to instructions displayed. Once the lock is secured the Client may return the bike via www.citybybike.pl website, Nextbike application or through contacting CC.

3. In case of incorrect return of the bike, as specified in clauses X.1 nad X.2 the Client shall bear the costs of further rental and shall be responsible for a potential theft.

4. In the event, when during rental an accident or a collision occurs, the Client is obliged to draw up a statement or call up the police onto the place of accident. If, during such event the bike is damaged, all costs related to restoring the bike to the state from before the accident/collision shall be borne by the person responsible for the occurrence posts prior submission of the right document indicating the offender. In a different case all costs related to the repair are borne by the owner of the account. Furthermore, in case of the occurrence of the above event the Client is obliged to inform CC City By Bike no later than 7 days post the event.

 

XI. Charges

1. Charges are calculated according to the rates specified in the Tables of charges and penalties, constituting an annex to the Terms of Service, available on www.citybybike.pl and within City By Bike Terminals. The basis for the calculation of a charge is the number of minutes of rental, measured from the moment of bike rental in City By Bike Terminal, or from the moment of obtaining the code lock which releases the securing rope, to the moment of connecting the bike with electrolock or obtaining the confirmation from the City By Bike System regarding the confirmation of bike return.

2. Charges for the use of rental are diverse and depend on the length of time of bike rental. The charge for a single rental is a sum of charges for the subsequent time periods, ie. the cost of a 150-minute rental equates to 6 PLN.

3. Time of charging is divided into one-hour periods with the exception of the first hour of rental during which the period of the first 15 minutes of rental is calculated.

4. In case when charging the fee for the ride exceeds the means on the account the Client is obliged to top up his pre-paid 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. The Operator is entitled to calculate statutory interest from the amounts overdue calculated from the day of maturity until the day of factual repayment made in full.

5. During the term of the agreement with the Operator of City By Bike system the payments towards rentals (top up amount) are non-refundable.

6. In case of proven abuses related to the inappropriate use, in particular, conducting unauthorized rentals of bikes, the Client is charged with a penalty indicated in the Table of charges and penalties of City By Bike .

 

XII. Responsibility

1. The Operator realizes the services related to the maintenance of City By Bike and bears full 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. Any claims and complaints resulting from them ought to be directed by the Clients to the address of the Operator.

4. The Operator reserves the right to disclose Client’s data, in case of a necessity of disclosing the data to the authorized persons stems from the binding legal provisions,

 

XIII. Complaints

1. The Client may submit a complaint within 7 days from the date of the event which caused the complaint.

2. 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 bok@citybybike.pl

b. via post to the address of the Operator, specified in clause I.3,

c. in person at the headquarters of the Operator.

3. 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

4. The complaints which do not contain data such as: name, surname, address, PESEL number, which would allow identification of the Client, will not be considered.

5. Submitting a complaint does not release the Client from the obligation of a timely realization of the obligations towards the Operator.

6. The Operator reviews the complaint within 14 days of its reception or modification, and in particularly complex matters this occurs within 30 days , while in the case of a complaint concerning a transaction conducted with the use of a payment card, it might take up to 90 days from the date of submission. In the case of a need to supplement the complaint, the term for its review commences on the day when the Operator receives the documents which supplement the complaint or which provide additional explanations/information. Should the Operator be unable to meet the deadline for reviewing a complaint, the Operator will inform the Client of any delays, indicating the cause of a delay (circumstances which must be established) and the expected term for reviewing the complaint.

7. The process of considering the complaint commences immediately after it is received by the Operator. It is characterized by thoroughness, attention to detail, objectivity and respect of the generally binding provisions of law and good practices.

8. The Client grants consent for the reply to the complaint to be sent via electronic means or via post to the correspondence address in a way indicated within the complaint. In particularly justified cases the Operator may send a reply to another email address, indicated by the complaining person.

9. The consideration of a complaint consists of identification of the problem, assessment of its justification and settlement of the problem submitted by the Client, or a conduct of adequate actions in order to remove any potential irregularities, causes of their occurrence and to grant a thorough and professional reply in both form and content.

10. CC issues a reply which includes the position of the Operator regarding the complaint, its justification and the information regarding the appeal procedure.

11. The Client has the right to appeal against the decision issued by CC. The appeals ought to be sent regardless of the method of submission-letter, email- no later than within 14 days from receipt of the decision by the Client which he wishes to appeal against. The appeal will be considered within 14 days from the day of its submission to CC.

12. The Client may:

a. direct an appeal against the decision of the Operator within 14 days from the date of receipt of the reply to the complaint.

b. launch civil action in the adequate court.

 

XIV. Withdrawal from the Agreement

1. 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 consumer posts a statement of withdrawal from Agreement.

2. The Client may withdraw from the Agreement via:

a. sending to the Operator’s email address bok@citybybike.pl a statement regarding withdrawal from Agreement,

b. sending 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 Annex no. 2 to the act on consumer rights ( Journal of Laws of 2014, item 827 as amended), however, this is not obligatory.

3. 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 the 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. Another solution ought to be indicated by the Client within the submitted declaration.

4. The right to withdraw from the Agreement is not granted to the Client in reference to the agreements specified in sec. 38 of the act on the consumer rights (Journal of Laws from 2014, item 827 a amended), and in particular, it is not possible post realization of the Agreement.

 

XV. Termination of the Agreement at the request of the Client

1. The Client has the right to terminate the Agreement . Termination in the written form must be sent to the electronic address bok@citybybike.pl or to the postal address of the Operator.

2. The termination of the Agreement takes effect within 14 days from the date of receipt of the termination by the Operator.

3. Upon terminating the Agreement the Client is obliged to top up the means on the pre-paid Account to reach the balance of 0PLN.

4. If the means on the pre-paid Account exceed OPLN on the day of termination of the Agreement, they will be returned to the account from which they had been paid at the clear request by the Client, other, indicated within the termination. The returned amount will be decreased by the transfer fees.

 

XVI. Final Provisions

1. The acceptance of the hereby Terms of Service and the rental of the bike indicate: a declaration of the health state which prevents 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 (ie. 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 pre-paid account, provided that they were not used by the Operator previously to cover the payable liabilities chargeable to the Client.

3. The Operator is entitled to introduce changes to the Terms of Service or to Privacy Policy with effect for the future. The information regarding changes to the hereby Terms of Service or to the Privacy Policy will be sent to the email address indicated upon registration. Lack of a written information regarding non-acceptance of the changes of the Terms of Service sent to CC within 14 days from the day of its issuance to the Client indicates an acceptance of the introduced changes in the Terms of Service 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 foreign language version of the Terms of Service, the Polish version of the document shall prevail.

  

TABLE OF FEES AND PENALTIES OF WRM

Initial fee: 10
From 0 to 15 minutes: 0
From 16 to 60 minutes: 1
up to 2 hours 2
up to 3 hours 3
Every consecutive hour: 4
Bike theft, loss or damage 2000
Bike return in a place other than one of the stations 50 + 5 zł/km
Fee for exceeding the 12 hours bike hire limit 200
Fee for abuse associated with the use of bicycle 200
Notification by letter regarding violations of the Rules 10

 

Annex no. 2 Costs of bike repair and restoration within the WRM System

NAME

unit of measurement

PRICE*

VAT 23%

TOTAL

Fork adapter

piece

84.00 PLN

19.32 PLN

103.32 PLN

Front mudguard

piece

9.50 PLN

2.19 PLN

11.69 PLN

Back mudguard

piece

9.50 PLN

2.19 PLN

11.69 PLN

Chip

piece

24.78 PLN

5.70 PLN

30.48 PLN

Tube 26×2.125

piece

8.40 PLN

1.93 PLN

10.33 PLN

Bell

piece

3.60 PLN

0.83 PLN

4.43 PLN

Brake lever, right side

piece

9.92 PLN

2.28 PLN

12.20 PLN

Pipe TP-06 Allu. Regulated/ Silver

piece

0.60 PLN

0.14 PLN

0.74 PLN

Roller brake

piece

134.90 PLN

31.03 PLN

165.93 PLN

Bars

piece

17.81 PLN

4.10 PLN

21.91 PLN

Brake pads

piece

4.70 PLN

1.08 PLN

5.78 PLN

Set of brakes (clamps)

piece

15.57 PLN

3.58 PLN

19.15 PLN

Left crank

piece

19.50 PLN

4.49 PLN

23.99 PLN

Crank with rack

piece

28.00 PLN

6.44 PLN

34.44 PLN

connection block

piece

6.30 PLN

1.45 PLN

7.75 PLN

Basket

piece

8.85 PLN

2.04 PLN

10.89 PLN

Front light

piece

19.93 PLN

4.58 PLN

24.51 PLN

Back light

piece

11.63 PLN

2.67 PLN

14.30 PLN

Brake line (band)

piece

2.46 PLN

0.57 PLN

3.03 PLN

Line (band) of rear derailleur

piece

1.90 PLN

0.44 PLN

2.34 PLN

Chain

piece

5.70 PLN

1.31 PLN

7.01 PLN

Basket fix

piece

18.06 PLN

4.15 PLN

22.21 PLN

Chain guard fix

piece

6.72 PLN

1.55 PLN

8.27 PLN

Back reflector

piece

1.59 PLN

0.37 PLN

1.96 PLN

Tyre (26 x 2.125)

piece

27.41 PLN

6.30 PLN

33.71 PLN

Carrier guard (back)

piece

24.61 PLN

5.66 PLN

30.27 PLN

Chain guard

piece

5.70 PLN

1.31 PLN

7.01 PLN

Brake line shell

meters

1.67 PLN

0.38 PLN

2.05 PLN

Rear derailleur shell

meters

2.11 PLN

0.49 PLN

2.60 PLN

Set of pedals

piece

13.26 PLN

3.05 PLN

16.31 PLN

Front hub (dynamic)

piece

164.90 PLN

37.93 PLN

202.83 PLN

Back hub

piece

130.05 PLN

29.91 PLN

159.96 PLN

Rear derailleur pusher

piece

8.87 PLN

2.04 PLN

10.91 PLN

Front tyre with dynamo

piece

196.00 PLN

45.08 PLN

241.08 PLN

Rear derailleur with steering module

piece

20.40 PLN

4.70 PLN

25.10 PLN

Lamp cables

meters

5.12 PLN

1.18 PLN

6.30 PLN

Bike frame

piece

457.38 PLN

105.20 PLN

562.58 PLN

Left handle

piece

5.49 PLN

1.26 PLN

6.75 PLN

Right handle

piece

4.71 PLN

1.08 PLN

5.79 PLN

Saddle

piece

15.30 PLN

3.52 PLN

18.82 PLN

Advertisement sides

piece

33.60 PLN

7.73 PLN

41.33 PLN

Headsets

piece

5.69 PLN

1.31 PLN

7.00 PLN

Footer/ support

piece

14.40 PLN

3.31 PLN

17.71 PLN

Support 115mm

piece

12.56 PLN

2.89 PLN

15.45 PLN

Front spoke

piece

0.27 PLN

0.06 PLN

0.33 PLN

Back spoke

piece

0.27 PLN

0.06 PLN

0.33 PLN

Seat pillar

piece

15.63 PLN

3.59 PLN

19.22 PLN

Roller brake screw

piece

19.90 PLN

4.58 PLN

24.48 PLN

Brake lever adjusting screw

piece

0.62 PLN

0.14 PLN

0.76 PLN

Back 3 speed wheel

piece

148.50 PLN

34.16 PLN

182.66 PLN

Fork

piece

43.00 PLN

9.89 PLN

52.89 PLN

Handlebar stem

piece

16.93 PLN

3.89 PLN

20.82 PLN

seat tube

piece

6.00 PLN

1.38 PLN

7.38 PLN

Lock code ABUS

piece

56.10 PLN

12.90 PLN

69.00 PLN

Electrolock

piece

672.00 PLN

154.56 PLN

826.56 PLN

* may be subject to changes

 

Rules:

 

Wrocławski Rower Miejski

 

Bemowo Bike

 

BiKeR

 

KRM – Konstanciński Rower Miejski

 

Opole Bike

 

Poznański Rower Miejski

 

Rower Trójmiejski

 
 
 

Dokumenty

 

 

 

Weather in Katowice

today, Monday, 18 June 2018
24°
clear Pressure: 979.84 hPa, wind: 2.14 km/h
tomorrow
24°
day after tomorrow
24°
for 2 days
22°

Download

 
rodo

Drogi Użytkowniku,

od 25 maja zacznie być stosowane Rozporządzenie Ogólne o Ochronie Danych Osobowych („RODO”), regulujące zasady przetwarzania danych osobowych w Unii Europejskiej. W związku ze zmianą przepisów, Nextbike Polska SA. wprowadza nową Politykę Prywatności. Znajdują się w niej informacje na temat zasad przetwarzania Państwa danych, a także uprawnień, które RODO przyznaje podmiotom danych.

Pozdrawiamy serdecznie,
Zespół Nextbike Polska