Terms
Terms of Service
of the Piotrkowski Rower Miejski System
Valid from 01 April 2023
I. General Provisions
1. The hereby Terms of Service specify the principles and conditions of using the Piotrkowski Rower Miejski System (hereinafter: PRM), launched and operating within the administrative borders of the city of Piotrków Trybunalski.
2. Terms of Service of PRM as well as the Privacy Policy are available free of charge on the internet website www.piotrkowskirower.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 office of Nextbike Polska S.A. under restructuring, with its registered seat in Warsaw, which is the PRM Operator.
3. Contact:
Nextbike Polska S.A. under restructuring
ul. Przasnyska 6b
01 – 756 Warszawa
e-mail: [email protected]
tel.: 44 618 14 44
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. The current list of cities in which Nextbike systems are in place may be found under the following address https://nextbike.pl/o-nextbike/
II. Definitions
1. Nextbike Mobile Application – mobile application enabling the use of PRM. 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 the PRM System is a condition for its download and use.
2. Adapter – an element mounted on the fork of the PRM bike front wheel’s fork which connects the bike with an electric lock.
3. Customer Service Office/BOK – a service launched by the Operator ensuring contact
with the Operator through:
a. infoline available 24/7 at the following number: 44 618 14 44
b. electronic post under the address [email protected]
Information regarding the functioning of BOK are available on the internet website www.piotrkowskirower.pl
4. Account Blockade – preventive measure consisting of preventing the use of PRM, 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 Additional Fees Table – price list of services and fees charged by the PRM, being an integral part of an 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 a 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 a PRM Station. After the code lock is locked, the Bicycle Rental should be terminated by means of the Terminal, the Mobile Application or by contacting BOK. A sole connecting the Bike does not signify its Return.
8. Electric lock – mechanism which releases/blocks PRM Bikes in the docking station. Electric lock constitutes an integral part of each stand at the Station of PRM Bikes. Its automatic closure and blockade of a Bike is combined with a sound signal.
9. GPS – device mounted on the Bike, serving the function of monitoring the Bike’s location and positioning.
10. 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 on registration and Client IDs have been specified in Section VI. Registration.
11. Client/ User – any natural person, participant of the PRM System who has accepted the Terms of Service and carried out registration in the PRM System as well as concluded Agreement with the Operator.
12. Client Account/Account – personal Client Account created during registration for the purposes of using PRM 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 PRM, in accordance with RFID standard, facilitating the process of Bike Rental.
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. under restructuring, realizing the service of PRM provision, with its 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 city of Warsaw in Warsaw, XII Economic Department of the National Court Register under the following numbers: KRS 0000646950, REGON 021336152, NIP 8951981007
16. Initial fee – amount paid by Clients upon registering in PRM 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 link www.piotrkowskirower.pl/polityka-prywatnosci/.
18. Explanatory proceeding – legal and factual 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 PRM System, and in particular, conditions, scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in the PRM System.
20. Standard Bike – basic type of bike made available within the PRM 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 weight limit of maximum 5 kg.
21. PRM Service – actions performed by the Operator in relation to the exploitation, repairs and maintenance of the PRM System.
22. PRM Station – place of Client Rental or Return of each type of PRM Bikes to designated bike stands, marked at the Terminal with a PRM symbol. Information about locations of the PRM stations may be found on the internet website as well as in the Mobile Application.
23. User zone – administrative borders of the city of Piotrków Trybunalski.
24. Website – internet website launched by the Operator, www.piotrkowskirower.pl, which contains all necessary data for the commencement and subsequent use of the PRM system.
25. Piotrkowski Rower Miejski System/PRM 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.
26. Terminal – device designated, among others, for: registering Clients in the PRM System, Rental and Return of Bikes, conduct of payments by means of payment cards.
27. Agreement – Agreement between the Client and the Operator which establishes mutual rights and obligations specified in the hereby 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 PRM 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. under restructuring.
28. Bike Rental/ Rental – unblocking of the Bike by means of Client Identifier or via another method as specified in Section VI, point 5 in order to commence a journey. Rental process is specified in detail in Section VII. of the Terms of Service.
29. Digital lock / clamp – additional line designated for securing the Bike. It comprises an accessory of every Bike.
30. Bike Return/Return – returning a PRM Bike to any PRM Station through placing the adapter inside the Electric lock. The process of Return is specified in Section 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 Piotrkowski Rower Miejski System.
1. The condition for the use of PRM System is the submission by the Client: of personal data required 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 PRM 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 PRM 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. It is required that consent of at least one of the parents or legal guardians for the use of Account by a minor is 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:
a. telephone number of the minor on which the Account is registered,
b. first name and surname of the parent or legal guardian,
c. consent for the use of PRM System by the minor,
d. first name and surname of the minor,
e. date of birth of the minor,
f. handwritten signature of the parent or legal guardian,
g. date and place of granting the consent.
Sample consent may be found at www.piotrkowskirower.pl
3. Minors below 13 years of age may use the bikes solely under supervision of their parent or legal guardians.
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 Section VII point 9. of the Terms of Service.
6. The use of bikes via PRM 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 PRM 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 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.
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, the Operator shall be entitled to block the Client Account. Detailed conditions related to such account blocking have been specified in Section 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 Pricelist and Table of Additional Fees in the PRM 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 PRM 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 PRM 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 medicines which by definition are forbidden or recommend not to be applied for drivers of any vehicles, is forbidden.
9. Transport of PRM Bikes by means of vehicles and other means of transport owned by private persons is forbidden. The ban concerns public transport provided that the Terms of Service shall allow for such possibility.
10. The use of any protection which is not a standard PRM 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 case of theft of the Bicycle during the Rental Time, the Client is obliged to notify the Client Service Centre/BOK immediately after noticing the event.
15. In case of improper Bike Return out of the Client’s fault, the Client bears the costs of its further Rental and is responsible for any potential theft or damage. In case of difficulties with returning the bicycle, the Client is obliged to contact BOK.
V. Payments.
1. Fees within the PRM System are calculated according to the rates specified in Appendix no. 1 Pricelist and Table of Additional Fees, available on the website, within the Mobile Application and at BOK. 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 PRM 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 PRM 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 on payment cards is processed by an external service provider and is not stored or available to the Operator.
4. All payments are transferred to the Operator’s account.
5. At Client request, the Operator shall provide the Client with a VAT invoice. For this purpose, the Client shall contact the Operator by e-mail to the e-mail address of the Operator in order to indicate the data necessary to issue a VAT invoice.
6. If the charged fees exceed the funds available, the Client is obliged to top up his/her Account at least to a balance equal to PLN 0 within 7 working 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 PRM 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 PRM System and bears responsibility for its proper functioning.
8. Reimbursement of payments made for Rentals may be performed post termination of the Agreement.
During the term of Agreement with PRM Operator, no payments for Rentals (top-up amounts) can be subject to reimbursements.
9. The amount of Promotional Voucher that credited Client Account is not refundable. It is used prior to the use of the funds paid by the Client. Details of the amount, validity period and the reason for awarding a Promotional Voucher are set out in the current promotional terms and conditions available on the Website.
VI. Registration.
1. A necessary condition for using the PRM System is prior registration of the Client in the System and payment of the Initial Fees.
2. Registration can be done through:
a. Website,
b. Mobile application,
c. Terminal,
d. telephone contact with BOK.
3. During the process of registration realized in accordance with Section VI point 2 a,b,d indication of the following personal data is 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 ought to also indicate at least the information regarding Client’s acknowledgement and acceptance of the Terms of Service of PRM and the Privacy Policy of the Operator.
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 ought to also indicate at least the information regarding Client’s acknowledgement and acceptance of the Terms of Service of PRM and the Privacy Policy of the Operator. The remaining data specified in Section VI point 3.c, e are required to be filled out by the Client no later than within 24 hours post registration.
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. The method of connecting the card with Account is described within the manual available on the website and in BOK.
6. A 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 within 24 hours from the moment of registering may cause Account Blockade.
8. Accounts of Users which contain incorrect personal data (i.e. artificial accounts) with O PLN balance resulting from non-performance of the initial fee may automatically be removed from the 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 Section VI. Registration,
b. having a minimum amount of 10 PLN on Client Account,
c. or defining at the Terminal or within Nextbike Mobile Application one’s credit card with the possibility of charging as the form of payment, from which the funds will be automatically charged.
2. PRM Bikes may be rented by means of:
a. Mobile Application,
b. Terminal, also with the use of RFID card for identification,
c. contact with BOK.
3. Rentals of PRM Bikes are possible at any PRM Stations.
4. Rentals of PRM Bikes commence at the time of Bike release from Electric lock, confirmed by a sound signal. The rental of the PRM secured Bicycle starts at the moment of choosing the option of RENTAL at the Terminal or in the application, or at the moment of accepting the order of Renting a Bicycle by an employee of BOK. 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 BOK).
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 case of lack of a Bicycle clamp, the Client is obliged to contact BOK and inform about its lack.
6. In case of noting, during Bike rental, any defects in the Bike, the Client is obliged to immediately report the issue to BOK or via Mobile Application and, if possible, return the Bike to the nearest 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 BOK 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 BOK.
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 Section VII point 4. of the Terms of Service. It is completed upon Bike Return, in accordance with Section IX point 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 PRM Station, by means of:
a. connecting the PRM 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 PRM Station and the digits of the digital lock need to be shuffled. Subsequently, RETURN option must be selected on 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 PRM Bike Return, the Client is obliged to contact BOK, while remaining by the Bike.
3. The Client is obliged to correctly return and secure the bike, as specified in Section IX.1 of the Terms of Service. 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 the fee for leaving PRM Bike (regardless of the type) outside of the User Zone in accordance with Appendix no. 1 to the Terms of Service,
d. calculation of the fee for leaving the Bike (regardless of the type) in hardly accessible place (i.e. closed parking lots by shopping centres, closed residential estates, private properties and other places in which access is hindered for the Bikes within PRM System) in accordance with Appendix no. 1 to the Terms of Service.
e. temporary or permanent blocking of Client Account.
Fees sum up.
4. Fees specified in Chapter IX point 3.B may be decreased, as appropriate, at the request of the User should a Bike be found within 30 days from the date of reporting its loss
X. Failures and repairs
1. Any failures should be reported by phone to BOK or in the Mobile Application immediately after the failure is noticed. In case of any failure preventing further riding, the Client is obliged to stop and notify BOK by phone and, if possible, escort the Bike to the nearest PRM Station.
2. Self-repairs, modifications or replacements of any parts within the rented Bike are forbidden. The only authorized entity to perform these actions is PRM Service.
3. We recommend that the Client should be able to contact BOK at all times during the rental period.
XI. Blockade of User Accounts.
1. The Operator reserves the right to temporarily block Client’s account in the PRM system in case of non-compliance with the conditions of bike use at PRM, 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 Section VI of the Terms of Service.
b. uses the Bike not in compliance with its designation,
c. leaves the Bike unsecured.
d. leaves the Bike unsecured.
3. Account Blockade may also occur in case when the Bike has been lost post its Rental.
4. Permanent Blockade of Client Account prevents any future setting up of subsequent Accounts and constitutes termination of Agreement with the Client due to his/her 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 Section I point 3,
b. via electronic means through the contact form available on the website,
c. via telephone,
d. via registered letter to the address of the Operator, specified in Section I point 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 amounts to 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 of its receipt by BOK. The appeal ought to be submitted in one of the following manners:
a. via electronic means to the email address indicated in Section I point 3,
b. via electronic means through the contact form available on the website,
c. via registered letter to the postal address of the Operator indicated in Section I point 3
d. in person at the premises of the Operator.
10. The Client may:
a. refer the appeal against the Operator’s decision directly to BOK within 14 days from the date of receipt of the response to the complaint,
b. launch court actions against the Operator before the applicable general court.
XIII. Termination of Agreement
1. Withdrawal from Agreement:
a. The Client may withdraw from the Agreement concluded with the Operator – pursuant to the provisions of law, without giving any reason, within 14 days from the date of its conclusion. The deadline shall be deemed met if, before its expiry, the Client sends a statement of withdrawal from the Agreement to the Operator.
b. The Client may withdraw from the Agreement by:
i. sending the Operator a statement of withdrawal from the Agreement to the e-mail address specified in Section I point 3,
ii. Sending via registered letter to the address of the Operator, specified in Section I point 3 of a written statement on withdrawal from Agreement. For this purpose, the Client may use the withdrawal form contained in Annex no. 2 to the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2019, item 134 as amended), however, it is not mandatory.
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 funds occurs no later than within 14 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement. Reimbursement performed by means of such methods of payment which were used by the Client in the course of initial transaction unless the Client indicates another solution within the declaration of withdrawal from Agreement.
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 return of means remaining 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 Section I point 3,
ii. via electronic means through the contact form available on the website,
iii. via registered letter to the postal address of the Operator indicated in Section I point 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 PRM 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 where Client Account balance is negative shall remain without effect on the Operator’s right to pursue the amount equal to the unsettled liabilities of the Client for the Operator’s provision of services.
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. The termination of the Agreement takes effect within 14 days from the date of receipt of the termination of Agreement. In case when reimbursement of funds is related to the necessity of incurring additional costs on the side of the Operator in the form of transfer costs, these costs shall be deducted from the means to the reimbursement of which the Client is entitled.
XIV. Transitional provisions – concerning exclusively Accounts created before 27.08.2019
1. Pursuant to the introduction of changes in Section II point 17 in the Terms of Service valid from 27.08.2019, the Initial Fee shall not be calculated as part of fees applicable post exceeding the free Duration of Rental.
2. Subject to point 3 below, should the Initial Fee on 01.04.2023 be lower than 10 PLN on Client Accounts formed before 27.08.2019, the Clients are obliged to pay a surcharge of funds up to 10 PLN on or before 30.09.2024.
3. In case of failing to make the surcharge to the Initial Fee in accordance with the above provisions, the Operator reserves the possibility of Blocking the Account in line with Section XI of the Terms of Service.
XV. 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. In the event of services of permanent nature (i.e. Account maintenance) the Terms of Service may be modified due to a significant cause, such as:
a. change of legal regulations or their interpretation justifying the need for changes in the Terms of Service;
b. change in the service, including in the scope or manner of its provision;
c. introduction of a new service;
d. discontinuation of provision of services entirely or partly;
e. reasons related to privacy protection, safety and prevention of abuses;
f. removal of potential doubts or interpretation ambiguities;
g. change of data specified in the Terms of Service, including the Operator’s data.
Any modifications come into force within 14 days from the date of notifying the User of changes to the Terms of Service through publishing them on the internet website and sending them to the User’s email address. In the event of lack of acceptance of modification to the Terms of Service, the User may terminate the Agreement effective immediately, by submitting termination no later than within 14 days from the date of notifying the User of changes in the Terms of Service.
4. In the event of services of one-off nature (i.e. Single ride) or services paid upfront, in each case the version of the Terms of Service valid at the moment of ordering the service is binding in each case.
5. 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.
6. 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
| Pricelist for standard bikes | ||
|
Payment for rental
|
Time range | Gross value |
| from 1 to 10 minutes | no fees | |
| from 11 to 30 minutes | PLN 1 | |
| from 31 to 60 minutes | PLN 2 | |
| per each subsequent hour | PLN 3 | |
| Fee for exceeding the 12-hour limit of rental | PLN 300 | |
| Fee for theft, loss or damage of bike | PLN 3200 | |
Additional fees
| Initial fee | PLN 10 |
| Letter notification regarding a breach to the Terms of Service | PLN 10 |
| Bike Return in a hardly accessible place | PLN 600 |
| Removal of applied protections | PLN 200 |
| Non-authorized ride | PLN 100 |
| Leaving the Bike at a Station without protection | PLN 100 |
| Leaving the Bike outside a Station within the User Zone | PLN 180 |
| Leaving the Bike outside a Station beyond the User Zone | PLN 500 |
| Carrying the Bike via other transport means | PLN 50 |
| Ride on a Bike by a greater than allowable number of persons for a given type of Bike | PLN 100 |
| Using the Bike for commercial purposes | PLN 200 |
Fees indicated in the tables are VAT tax inclusive.