Terms

TERMS OF SERVICE

of the Częstochowski Rower Miejski

[Valid from 21 May 2019]

  1. General Provisions
    1. The hereby Terms of Service shall specify the rules and conditions of the use of Częstochowski Rower Miejski system launched in the city of Częstochowa.
    2. Terms of Service of the Częstochowski Rower Miejski (further referred to as CRM) as well as the Privacy Policy are available free of charge on the internet website www.rower.czestochowa.pl in such a way so as to enable familiarizing with its contents, its obtaining, reading and saving. This document may be obtained at the headquarters of Nextbike Polska S.A. with its registered seat in Warsaw.
    3. Contact:
      Nextbike Polska S.A.
      ul. Przasnyska 6b
      01-756 Warszawa
      e-mail: bok@rower.czestochowa.pl
      tel.: +48 34 340 12 12
      (connection in line with operators’ tariffs)
    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.
  2. Whenever indicated in the terms of service:
    1. Mobile application CRM – software which operates on Android and iOS operational systems enabling rental and return of bikes within the system.
    2. Contact Centre (CC)– it ought to be understood as service launched by the Operator, ensuring that the Clients have 24/7 contact with the Operator by means of:
      1. Hotline under the number: +48 34 340 12 12
      2. electronic post under the address bok@rower.czestochowa.pl

      Information regarding the functioning of BOK is available on the internet website

    3. Account blockage – shall be understood as preventive measure of which the Operator may avail in case of breaching by Client of the provisions of the hereby Terms of Service, in particular in case of a breach which constitutes a damage to the Operator’s.
    4. Promotional voucher – shall be understood as voucher offered by the Operator which enables topping up Client Account. The voucher amount and its purpose is established by the Operator and it is non-repayable. The means from the top up are used in the first place, prior to the means paid in by the Client.
    5. Electric lock – shall be understood as mechanism which releases and blocks the bikes in the docking station.
    6. Client Identifier – shall be understood as individual number assigned to a Client, corresponding to the mobile telephone number indicated during registration. During registration, also a 6-digit PIN number which verifies the Client in CRM is established. Additional identifier of registered Client may be formed by any proximity RFID card which the Client may link to his or her Account, in order to facilitate the process of logging in at the Terminal. During rental and return of a bike the Client has the following methods of identification at disposal:
      1. mobile telephone number which, together with PIN number is treated as equal to the Client Identifier,
      2. ELS Electronic Student ID (ELS), (proximity, personalized electronic card (chip+RFID) with its unique, encoded number) together with PIN number,
      3. 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 2016, item 1572) with PIN number. Terminals are adjusted for cooperation with PayPass and PayWave types of products,

      Post logging in Client account he or she may switch off the PIN code through unchecking 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 a bike at the terminal without the need to indicate a PIN code with the use of methods of identification: b, c at the terminal

    7. Client – it ought to be understood as the person who has carried out registration in CRM System and accepted the Terms of Service.
    8. Client Account – shall be understood as personalized Client account created during registration for the needs of the use of CRM System, as well as for charging payments in line with Appendix no. 1 to the Terms of Service.
    9. Cost of repairs – shall be understood as price list of damaged parts and services related to its replacement, constituting Appendix no. 2 to the hereby Terms of Service.
    10. Top up amount – shall be understood as amount of top up in the maximum amount of 1PLN, paid towards rentals to the Client Account.
    11. Minimum account balance – it ought to be understood as funds held on Client Account the amount of which cannot be lower than 10 PLN. Whilst, it is assumed that the first rental of a bike is possible post making a top up of the initial fee of 15 PLN and the subsequent rentals of bikes are possible solely when the Client has a minimum of 10 PLN on the account.
    12. Operator – shall be understood as Nextbike Polska S.A. Company, realizing service related to
      service of CRM, 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 KRS number 0000646950, REGON number 021336152, NIP number 8951981007,
    13. Security procedure – shall be understood as 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, and debt-collection and court proceedings.
    14. Terms of Service – shall be understood as principles and conditions of using the system of CRM.
      In particular, scope of obligations and rights and responsibility of persons availing of the possibility to rent bikes.
    15. Standard Bicycles – This is to be understood as the basic type of bike for one person. The bike load is 120 kg
    16. Standard Bike with children seat – it ought to be understood as 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.
    17. Service – shall be understood as conduct by Operator of actions related to exploitation, repairs and maintenance of CRM.
    18. Basic Station – shall be understood as set of bike stands with equipment for self-registration, rental of standard bikes from CRM system or other indicated by the Operator. List of stations are available on the internet website www.rower.czestochowa.pl
    19. User zone – administrative borders of the city of Częstochowa.
    20. Internet website – shall be understood as website launched by Operator www.rower.czestochowa.pl which contains necessary data for commencement and subsequent use of CRM.
    21. Częstochowski Rower Miejski System– shall be understood as System of bike rentals, launched by the Operator, within the terrain of the city of Częstochowa, covering in particular: bikes, technical infrastructure, software and devices enabling rental of bikes, further referred to as CRM.
    22. Table of charges and penalties – shall be understood as-pricelist of services and charges of CRM, being an integral part of the Agreement. Pricelist shall constitute Appendix no. 1 to the hereby Terms of Service.
    23. Terminal – shall be understood as device for self-rental of bikes, constituting an integral part of the Station.
    24. Agreement – Agreement between Client and Operator which establishes mutual rights and obligations specified in the Terms of Service. An Agreement is considered to have been concluded upon registration of Client in CRM System post submission of declaration of acceptance of Terms of Service.
    25. Rental – shall be understood as rental of bike from Station by means of Client Identifier.
    26. Return of bike – shall be understood as returning the bike to the Station in line with clause X of the hereby Terms of Service
  3. General principles of using CRM.
    1. Condition for the use of CRM System is indicating by the Client personal data required upon registration, acceptance of conditions specified in the hereby Terms of Service and maintenance of minimum state on the Account during rental in the amount of minimum 10PLN. It is assumed that the first bike rental is possible after paying the initial fee of 15 PLN.
    2. The Client is obliged to abide by the provisions of the Terms of Service, in particular, make payments and use 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 CRM. Within the statement the parents or legal guardians must undertake to top up the account of the minor within CRM. Consent ought to be sent by electronic post to the email address: bok@rower.czestochowa.pl, via post to the address of Operator or in person to the Operator’s premises.
    4. The obligatory condition to be met in order to avail of the bike rental by minors is being in possession of a valid bicycle or motorcycle driving license.
    5. The Client may rent up to four bikes at the same time.
    6. The use of the rented bike is allowed within the User zone.
  4. 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 Terms of Service and the law in place when using CRM System.
    3. The use of bikes via CRM System may take place solely for non-commercial reasons.
    4. Client shall be responsible for bike/bikes from the moment of its/their rental to its/their return at the Station (any station within User Zone). In particular, Client shall be obliged to take steps in order to prevent damages or theft of the rented bike.
    5. In the event of theft of a bike that occurs during rental, the Client is obliged to inform BOK immediately after noticing the theft incident.
    6. The use of CRM 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.
    7. The Client bears full and total responsibility and undertakes to cover any tickets, fines, fees etc. obtained by the Client in the course of his or her use of the bike. The Client bears no responsibility for fines, tickets, and fees etc. which have been imposed on them and which result from Operator’s fault.
    8. In case of proven damages stemming from inappropriate use of CRM, Client undertakes to cover all costs of replacement of damaged parts and services related to their replacement in order to restore the bike to the initial status, from before rental. The Operator shall submit an adequate receipt to the Client for completion of the necessary repair works. The valuation of the value of individual parts of the bike, which have been damaged out of Client’s fault, shall be made on the basis of Annex no 2 to the hereby Terms of Service, further referred to as ” Costs of repair and restoring of bike”.
    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 BOK immediately.
    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. 11. The Client is responsible for any potential damages which may arise as a result of non-compliance with the Terms of Service, 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 CRM Bike.
  5. Registration
    1. A necessary condition for rental of bikes and the use of CRM system is prior registration of Client and holding the minimum account balance (15PLN).
    2. 2. The registration takes place at the internet portal available at the address: www.rower.czestochowa.pl. In addition, the possibility to register in BOK through telephone contact with BOK employee is allowed, as well as by means of mobile CRM application available on devices with iOS and Android system.
    3. During the registration process through the website www.rower.czestochowa.pl, via the CRM application or via telephone contact with the BOK employee the indication of the following personal details is necessary:
      1. name and surname,
      2. contact address, that is city, street including flat/house number, postal code, country
      3. email address,
      4. PESEL number,
      5. mobile phone number,
      6. payment card number in case of payment with credit card with the possibility of charging.
    4. During registration process at the Terminal, the Client indicates the following personal details:
      1. mobile phone number,
      2. name and surname,
      3. in case of a will to top up an account: credit card number with proximity option.

      Other data indicated in clause 3 points b, c and d are required to be filled out by the Client no later than within 24 hours post registration.

    5. After registering your account, to your e-mail address will be sent a link to confirm the data by the user. After authorizing the link, the account will be verified.
    6. During the registration process at the Terminal Client enters the PIN code of his own. Whilst, during the registration via: internet website, Android application and BOK CRM- PIN code is generated automatically. Upon finalization of registration, Client obtains confirmation from the System regarding successful registration and his or her unique PIN number which enables authentication of Client in the System.
    7. 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, No. 101, item 992). 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, ul. Przasnyska 6B, 01-756 Warsaw. Submission of personal data is voluntary, but necessary; lack of personal data submission prevents the use of CRM System services. The information on safety of personal data is available within the Privacy Policy document of Nextbike Polska, available at: www.rower.czestochowa.pl
    8. Personal data are processed solely for the purpose of proper functioning of CRM System and may be accessible to other entities cooperating with Nextbike exclusively within the framework of the provisions of law in force.
    9. 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 the CRM, as well as anonymous questionnaires sent by means of electronic post or available directly within the CRM, targeted at obtaining by Operator demographic and profile Client personal data of Clients (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.
    10. 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 CRM 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 the given complaint. In case of a notification within this term (i.e. 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.
    11. Personal data are processed, stored and secured in accordance with the principles specified in the binding legal provisions.
    12. Administrator of personal data-Operator undertakes to maintain confidentiality of 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.
    13. In order to adjust the content and the services to the individual needs and interest of Clients, the Operator uses the so called cookies, which 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 CRM 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 the System.
  6. Payment methods
    1. Payment for bike rental may be conducted by means of:
      1. debiting the account of payment card of the Client, or
      2. crediting the pre-paid Account via bank transfer or through payment via payment card, in particular, via www.rower.czestochowa.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.
    2. Launching the order of payment card debiting takes place upon registration, by entering the payment card number, which is credit card, debit card within the Terminal, during the contact with BOK, as well as via CRM mobile application available on iOS system and Android system devices.
    3. All payments are transferred to the account of Operator.
    4. At Client’s request the Operator may issue a VAT invoice solely and exclusively for the paid ride. For this purpose the Client should contact the Operator via electronic means to the email address of the Operator, indicating data necessary for VAT invoice issuance, date and time of rental of bike and number of bike.
    5. The Operator will send a VAT invoice via electronic means to the email address from which the Client contacted the Operator. In particularly justified cases the Operator may send a VAT invoice to another email address, indicated by the Client.
  7. Rental
    1. Bike rental is possible in case a Client has an active account status. Active account status is understood as:
      1. 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,
      2. defining which form of payment of the payment card with possibility of debiting, via terminal or via contact with BOK, through which these means are automatically transferred.
    2. Bike rental is possible at any Station:
      1. In case of bike locked with electric lock; post prior launching of the Terminal, logging in and proceeding in line with the instructions displayed on the device of the Terminal. Release of electric lock is signalized via adequate message displayed on the Terminal as well as a sound signal.
      2. In case of bike secured solely via digital lock; via Terminal, by means of mobile application CRM or post telephone contact with BOK employee at +48 34 340 12 12 (cost of telephone connection in line with operators’ tariffs)
    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 Terminal, on CRM application as well as in BOK.
    5. Client is obliged, prior to a ride, to make sure that the bike is fit for use, and in particular:
      1. That tyres of the bike are pumped up, brakes are fit,
      2. The bike has a securing line, also called a clamp.
    6. 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.
    7. In case of discovering during the bike rental any defects of the bike, the Client is obliged to immediately report the problem to BOK and return the bike to the closest Station.
    8. Rental and use of an unfit bike by the Client may result in his liability for any defects or damages resulting from the use.
    9. It is recommended that the Client has, during rental, a working mobile phone to make phone connections by its means.
    10. The carrier 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. Maximum mass of carrier’s load for a standard bike cannot exceed 15 kg and for tandems 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.
    11. Maximum load of a standard bike cannot exceed 120 kg
    12. In case of any problems with the rental or return of the bike the Client is obliged to contact BOK by phone from the station. The employee of BOK will inform the Client of further actions to be taken. The rented bike ought to be used in line with its designation. The bike as a transport means is designated to move between Stations. It is not allowed to use bikes for mountain rides, jumps, stunt tricks, as well as racing and using the bike to pull or push anything is not allowed.
  8. 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.
  9. Repairs and failures
    1. Any failures ought to be reported by phone to BOK. In case of each failure which prevents further ride the Client is obliged to stop and inform BOK via telephone as well as return the bike to the closest Station.
    2. It is forbidden to conduct any repairs, modifications or replacements of parts within the rented bike on one’s own. The sole authorized entity for such actions is Service, which is in possession of a signed agreement for servicing CRM.
    3. The Client is obliged to have the possibility to contact BOK during the entire rental time, thus to do so he or she ought to be in possession of a mobile phone with the number registered in the System.
  10. Return
    1. Client is obliged to proper return of your bike by:
      1. Returning the bike to a dedicated standard station and insert the bike into a free electric lock that forms an integral part of the rack. Correct locking of the bike in the rack will be confirmed by a sound signal and a physical lock of the bike in the lock.
      2. Putting your bike to a standard station and returning your bike using a combination lock (only if you do not have the ability to insert your bike into an electric lock, eg. when there are no free seats or a CRM failure), pinning the bike to a stand or other bicycle (properly secured by insertion into rack or secured by a clamp) located in the CRM Station, locking the lock (by shuffling the digits) and pressing the “Return” button on the electronic part of the CRM Terminal and following the instructions on the display. When the lock is locked, the customer can also return the bike using the CRM application or by contacting the BOK. In order to return the bike, the Customer must be present at the station where the bike is going to be returned.
    2. In the event of any difficulty with return of the bicycle, the customer is obliged to contact the 24-hour CRM Call Center immediately.
    3. The customer is obliged to properly return and secure the bicycle in accordance with clauses X.1.a and X.1.b, otherwise he will be pulled to responsibility:
      1. Charges for using a bicycle in accordance with the price list, and in the case of a loan lasting more than 12 hours accrued additional fee of 200zł.
      2. Charge for loss, theft or destruction of the bicycle in accordance with Appendix 2 and Appendix No. 1 of these Regulations.
      3. Charge for return of bicycle at a place other than the dedicated station in accordance with Appendix No. 1 to the Regulations.
      4. Temporary or permanent blocking of the Customer’s account./li>
    4. In case when during rental of a bike an accident or collision occurs, Client is obliged to write a statement or call the Police to the site. Furthermore, in case of the occurrence of the above event the Client is obliged to inform CRM BOK no later than 24 hours post the event occurrence.
  11. Charges
    1. Charges calculated according to the rates specified in the Tables of Charges and Penalties shall constitute Appendix 1 to the Terms of Service. The basis for the calculation of a charge is the number of minutes of rental, measured from the moment of bike rental at the Terminal, or from the moment of obtaining the code lock which releases the securing rope, to the moment of connecting the bike with electric lock or obtaining the confirmation from the 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. Fee is calculated for each rented bike and constitutes a sum of receivables for subsequent time intervals.
    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 thirty minutes is free and subsequent thirty 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 0PLN 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 CRM Operator, 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 the CRM.
  12. Responsibility
    1. The Operator provides service of CRM and bears responsibility for its correct 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 at Operator’s fault,
    3. The Client should direct claims and complaints in the form specified in Section XIII.
    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.
  13. Complaints
    1. The recommended term for submission of complaints is 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:
      1. via electronic means to the email address bok@rower.czestochowa.pl
      2. via post to the address of the Operator, specified in clause I.3
      3. 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 for an identification of the Client will be left unanswered by the Operator.
    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 from the date of obtaining it or supplementing it, and in particularly complex matters this occurs within 30 days , while in case the complaint concerns the transaction conducted with the use of payment card it might take up to 90 days (in exceptional cases) from the date of the complaint submission. 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.
    7. The process of considering the complaint commences immediately post its receipt by the Operator.
    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 an 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 in form and in content reply.
    10. The Client has the right to appeal against the decision issued by the Operator. 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 the Operator.
    11. Klient ma prawo odwołania się od decyzji wydanej przez Operatora. Odwołania powinny być wysyłane niezależnie od sposobu dostarczenia – list, e-mail – nie później niż w terminie 14 dni od doręczenia Klientowi decyzji, od której chce się odwołać. Odwołanie będzie rozpatrzone w terminie 14 dni od dnia jego wpłynięcia do Operatora.
    12. The Client may:
      1. direct an appeal against the decision of the Operator directly to the postal address of the Operator or BOK within 14 days from the date of receipt of the reply to the complaint;
      2. launch civil action in the adequate court,
  14. 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:
      1. sending to the Operator’s email address bok@rower.czestochowa.pl a statement regarding withdrawal from Agreement,
      2. 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 Appendix no. 2 to the act on consumer rights ( Journal of Laws of 2014, 827), 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. Right to withdraw from Agreement shall not be in possession of Client with reference to agreements specified in art.38 of the act on consumer rights. (Journal of Laws from 2014, 827) and in particular it shall not be possible post realization of Agreement.
  15. 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@rower.czestochowa.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 15PLN on the day of termination of the Agreement, the unused means 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.
  16. Final Provisions
    1. The acceptance of the hereby Terms of Service and the rental of the 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 subject to 14 day notice period
      when a Client breaches the provisions of the hereby Terms of Service (i.e. Lack of acceptance of new Terms of Service, failure to return the bike in the required timeframe). Client shall be entitled, towards the Operator, to submit claims related to the return of means from Client Account, provided that these have not been already used by the Operator to cover the required obligations chargeable to the Client
    3. Operator is entitled 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 the 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.
    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. The hereby Terms of Service was elaborated in 3 language versions (Polish, English, German) and is available on the website www.rower.czestochowa.pl in the Terms of Service tab.
    6. 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.

 

 

Appendix no. 1 Table of Charges and Penalties

Type of chargesGross value
Initial fee15 zł
Duration of rentalBike rental fee:
from 1 to 30 minutesy0 zł
fofrom 31 to 60 minutes2 zł
Second hour6 zł
Third hour10 zł
Fourth hour and each subsequent
hour
14 zł
Letter notifications regarding breaching the Terms of Service10 zł
Bike return in a place other than one of the stations50 zł + 5 zł*km
Payment for exceeding the 12 hour limit of rental200 zł

 

Penalties
Theft, loss or total damage of a standard bike2000 zł

Fees specified in the table are VAT tax inclusive

 

Appendix no. 2 Costs of repair and restoration of bikes

NAMEunit of measurementPRICEVAT 23%TOTAL
Fork adapterpiece84.00 PLN19.32 PLN103.32 PLN
Front mudguardpiece9.50 PLN2.19 PLN11.69 PLN
Back mudguardpiece9.50 PLN2.19 PLN11.69 PLN
Chippiece24.78 PLN5.70 PLN30.48 PLN
Tube 26×2.125piece8.40 PLN1.93 PLN10.33 PLN
Bellpiece3.60 PLN0.83 PLN4.43 PLN
Brake lever, right sidepiece9.92 PLN2.28 PLN12.20 PLN
Pipe TP-06 Allu. Regulated/ Silverpiece0.60 PLN0.14 PLN0.74 PLN
Roller brakepiece134.90 PLN31.03 PLN165.93 PLN
Barspiece17.81 PLN4.10 PLN21.91 PLN
Brake padspiece4.70 PLN1.08 PLN5.78 PLN
Set of brakes (clamps)piece15.57 PLN3.58 PLN19.15 PLN
Left crankpiece19.50 PLN4.49 PLN23.99 PLN
Crank with rackpiece28.00 PLN6.44 PLN34.44 PLN
connection blockpiece6.30 PLN1.45 PLN7.75 PLN
Basketpiece8.85 PLN2.04 PLN10.89 PLN
Front lightpiece19.93 PLN4.58 PLN24.51 PLN
Back lightpiece11.63 PLN2.67 PLN14.30 PLN
Brake line (band)piece2.46 PLN0.57 PLN3.03 PLN
Line (band) of rear dérailleurpiece1.90 PLN0.44 PLN2.34 PLN
Chainpiece5.70 PLN1.31 PLN7.01 PLN
Basket fixpiece18.06 PLN4.15 PLN22.21 PLN
Chain guard fixpiece6.72 PLN1.55 PLN8.27 PLN
Back reflectorpiece1.59 PLN0.37 PLN1.96 PLN
Tyre (26 x 2.125)piece27.41 PLN6.30 PLN33.71 PLN
Carrier guard (back)piece24.61 PLN5.66 PLN30.27 PLN
Chain guardpiece5.70 PLN1.31 PLN7.01 PLN
Brake line shellmeters1.67 PLN0.38 PLN2.05 PLN
Rear derailleur shellmeters2.11 PLN0.49 PLN2.60 PLN
Set of pedalspiece13.26 PLN3.05 PLN16.31 PLN
Front hub (dynamic)piece164.90 PLN37.93 PLN202.83 PLN
Back hubpiece130.05 PLN29.91 PLN159.96 PLN
Rear derailleur pusherpiece8.87 PLN2.04 PLN10.91 PLN
Front tyre with dynamopiece196.00 PLN45.08 PLN241.08 PLN
Rear derailleur with steering modulepiece20.40 PLN4.70 PLN25.10 PLN
Lamp cablesmeters5.12 PLN1.18 PLN6.30 PLN
Bike framepiece457.38 PLN105.20 PLN562.58 PLN
Left handlepiece5.49 PLN1.26 PLN6.75 PLN
Right handlepiece4.71 PLN1.08 PLN5.79 PLN
Saddlepiece15.30 PLN3.52 PLN18.82 PLN
Advertisement sidespiece33.60 PLN7.73 PLN41.33 PLN
Headsetspiece5.69 PLN1.31 PLN7.00 PLN
Footer/ supportpiece14.40 PLN3.31 PLN17.71 PLN
Support 115mmpiece12.56 PLN2.89 PLN15.45 PLN
Front spokepiece0.27 PLN0.06 PLN0.33 PLN
Back spokepiece0.27 PLN0.06 PLN0.33 PLN
seat pillarpiece15.63 PLN3.59 PLN19.22 PLN
Roller brake screwpiece19.90 PLN4.58 PLN24.48 PLN
Brake lever adjusting screwpiece0.62 PLN0.14 PLN0.76 PLN
Back 3 speed wheelpiece148.50 PLN34.16 PLN182.66 PLN
Forkpiece43.00 PLN9.89 PLN52.89 PLN
Handlebar stempiece16.93 PLN3.89 PLN20.82 PLN
seat tubepiece6.00 PLN1.38 PLN7.38 PLN
Lock code ABUSpiece56.10 PLN12.90 PLN69.00 PLN
Electric lockpiece672.00 PLN154.56 PLN826.56 PLN

 

Załącznik nr 3 Zasady korzystania z Roweru standardowego z fotelikiem dziecięcym

Komunikat w sprawie pozasądowego rozstrzyganie sporów

Zgodnie z rozporządzeniem Parlamentu Europejskiego i Rady (UE) Nr 524/2013 z dnia 21 maja 2013 r. w sprawie internetowego systemu rozstrzygania sporów konsumenckich oraz zmiany rozporządzenia (WE) nr 2006/2004 i dyrektywy 2009/22/WE (rozporządzenie w sprawie ODR w sporach konsumenckich), Nextbike Polska S.A. niniejszym udostępnia łącze elektroniczne do internetowej platformy ODR (online dispute resolution): https://webgate.ec.europa.eu/odr. Platforma ODR umożliwia pozasądowe rozstrzyganie sporów między przedsiębiorcami i konsumentami. Rozstrzyganie sporów tą metodą ma charakter dobrowolny.