Terms

Terms of Service
Częstochowski Rower Miejski System

Valid from 14.08.2023

I. General Provisions

1. The hereby Terms of Service specify the principles and conditions of using the Częstochowski Rower Miejski System (hereinafter: CRM), launched and operating within the administrative borders of the Częstochowa Municipality.
2. Terms of Service of 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 familiarising with the content, obtaining, broadcasting and recording it. These documents may be obtained at the headquarters of Nextbike Polska S.A. under restructuring with its registered seat in Warsaw,
3. Contact:
Nextbike Polska S.A. under restructuring
ul. Przasnyska 6b
01 – 756 Warszawa
e-mail: bok@rower.czestochowa.pl
tel. +48 34 340 12 12
4. Nextbike Systems are compatible, that is setting up an account in one of the systems enables the use of bike rental stations in other cities, unless the terms of service of a given system indicate otherwise: Current list of cities in which Nextbike systems are active may be found under the following address https://nextbike.pl/o-nextbike/.

II. Definitions

1. Mobile Application – mobile application enabling the use of CRM. The use of Mobile Application is possible on smartphone type of devices with an adequate, valid Android or iOS system, which facilitates the download of Mobile Application from an online store. The Application is available for download free of charge at Google Play stores and Apple AppStore, whilst permanent access to the Internet as well as registration of Client Account within CRM System is the condition for its download and use.
2. Adapter – an element mounted on the fork of the CRM bike front wheel’s fork which connects the bike with an Electric lock.
3. Client Service Office of Częstochowski Rower Miejski /BOK CRM – a service launched by the Operator ensuring contact with the Operator through:
a. infoline available 24/7 at the following number: +48 34 340 12 12
b. electronic post under the address bok@rower.czestochowa.pl.
4. Account Blockade – preventive measure consisting of preventing the use of CRM, which may be applied by the Operator in case of breaching by the Client of provisions of the hereby Terms of Service, in particular in case of a breach which constitutes a damage to the property of the Operator.
5. Promotional Voucher – voucher offered by the Operator which enables topping up Client Account. The voucher amount and its designation is established by the Operator and it is non-refundable. The means from the vouchers are used in the first place, prior to the means paid in by the Client.
6. Price List and Table of Additional Fees – price list of CRM services and charges, constituting an integral part of the Agreement. Price List and Table of Additional Fees constitutes Appendix no. 1 to the hereby Terms of Service and is available on the internet website as well as within Mobile Application.
7. Duration of Rental – time counted from the moment of Rental (releasing of electric lock combined with sound signal) until the moment of Bike Return through connecting it with an electric lock and blocking the Bike. In case of lack of free electric locks, through connecting the Bike with digital lock to the stand or to another Bike located at CRM Station. After the code lock is locked, the Bicycle Rental should be terminated by means of the Terminal, the Mobile Application or by contacting BOK. Sole connecting the Bike does not signify its Return.
8. Electric lock – mechanism which releases/blocks CRM Bikes in the docking station. Electric lock constitutes an integral part of each stand at the Station of CRM Bikes. Its automatic closure and blockade of a Bike is combined with a sound signal.
9. Client Identifier – individual number assigned to a Client, corresponding to the number of the mobile phone indicated during registration and a 6-digit PIN number. Any RFID proximity card may also constitute an identifier. Details on registration and Client IDs have been specified in Chapter VI. Registration.
10. Client/ User – any natural person, participant of the CRM System who has accepted the Terms of Service and carried out registration in the CRM System as well as concluded Agreement with the Operator.
11. Client Account/Account – personal Client Account created during registration for the purposes of using CRM System as well as charging fees in line with Appendix no. 1 to the Terms of Service. The Client may link compatible cards and mobile devices with his or her account at CRM, in accordance with RFID standard, facilitating the process of Bike Rental.
12. Cost of repairs – cost calculated by the Operator in relation to the damage of a Bike, based on the price list constituting Appendix no. 2 to the hereby Terms of Service.
13. Top up amount – payment of the minimum of 1 PLN submitted towards Rentals onto Client Account.
14. Minimum Account balance – minimum balance which a Client ought to have in order to be entitled to a Bike Rental.
15. Non-authorized ride – use of a bike without bike rental registered on Client Account.
16. Operator – company Nextbike Polska S.A. under restructuring realizing the service of CRM maintenance with its registered seat at Ul. Przasnyska 6b, 01-756 Warszawa, entered into the Register of Entrepreneurs of the National Court Register, maintained by the District Court for the city of Warsaw in Warsaw, XII Economic Department of the National Court Register under the following numbers: KRS 0000646950, REGON 021336152, NIP 8951981007.
17. Initial fee – non-refundable amount for the registration in CRM System, paid by the Client in relation to the registration and account activation in CRM. The level of initial fee has been defined in Appendix no. 1. The initial fee is a one-off and non-refundable (neither in whole nor in part). It will be set off against further rental fees.
18. 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 https://rower.czestochowa.pl/polityka-prywatnosci/.
19. Explanatory proceeding – a set of actions undertaken by the Operator, targeted at establishing the circumstances and events occurring in relation to the use of bikes, in particular, those related to breaching of the Terms of Service, accidents and collisions or damages to the property of the Operator.
20. Terms of Service-the hereby Terms of Service shall define the principles and conditions of availing of the CRM System, and in particular, conditions, scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in the CRM System.
21. Standard Bike – basic type of bike made available within the CRM System by the Operator. Bikes of this type are designated for use by one person who completed the age of 13 and is above 150 cm tall. Bikes of this type have wheels with rims measuring 26 inches and their load capacity amounts to 120 kg. It is equipped with a basket for which the weight of the luggage may not exceed 5 kg.
22. Standard Bike with children seat – is a standard bike equipped in a seat designating for carrying children with body weight between 9 and 22 kg, who are capable of sitting without assistance for at least the intended period of a bike journey. Carrying a child in the bike seat may occur solely under supervision of their legal guardian. Details concerning the use of Bikes with children seats are available in Appendix no. 3 to the hereby Terms of Service.
23. CRM Service – actions performed by the Operator in relation to the exploitation, repairs and maintenance of the CRM System.
24. CRM Station – location of Rental and Return of CRM Bikes by Clients by means of bike stands, marked with CRM symbols on the Terminal.. Information about locations of the CRM stations may be found on the internet website as well as in the Mobile Application.
25. User Zone – administrative borders of the Częstochowa Municipality.
26. Website – internet website launched by the Operator, www.rower.czestochowa.pl , which contains all necessary data for the commencement and subsequent use of the CRM system.
27. Częstochowski Rower Miejski System / CRM – 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.
28. Terminal – device designated, among others: for registering Clients in the CRM System, Rental and Return of Bikes.
29. Agreement – Agreement between the Client and the Operator which establishes mutual rights and obligations specified in the Terms of Service. It is considered that the Agreement containing the provisions of the hereby Terms of Service shall be automatically concluded at the time of Registration of the Client within the CRM system, subject to submission by the Client of declaration of acceptance of Terms of Service, indication upon registering of personal data and making of Initial Fee. Personal Data Controller shall be Nextbike Polska S.A. under restructuring.
30. Bike Rental/ Rental – unblocking of the Bike by means of Client Identifier or via another method as specified in Clause VI.5 in order to commence a journey. Rental process is specified in detail in Clause VII. of the Terms of Service.
31. Digital lock / clamp – additional line designated for securing the Bike. It comprises an accessory of every Bike.
32. Bike Return/Return – returning a Bike to any CRM Station through placing the adapter inside the Electric lock. The process of Return is specified in Clause IX of the Terms of Service. Sole securing of the Bike by means of a clamp shall not be understood as its Return.

III. General rules of using the Częstochowski Rower Miejski System.

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

IV. Responsibility and commitment

1. The Operator realizes services related to the maintenance of CRM System and bears responsibility for its proper functioning.
2. The Operator shall not bear responsibility for any direct or follow up damages as well as lost benefits caused as a result of improper performance of the Agreement by the Client, or for any other damages for which the Client is responsible, with the exclusion of damages caused by the Operator purposefully.
3. The Client is 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’s account and/or charge him/her with additional fees in accordance with Appendix no. 1. Detailed conditions related to such blocking have been specified in Clause XI of the hereby Terms of Service.
5. The Client shall be responsible for all damages and demolitions stemming from non-compliance with the Terms of Service. The Client may be charged with costs of repair of such damages, including the cost of bike restoration specified in Appendix no. 1 Price list and Table of Additional Fees and Appendix no. 2 Costs of repair and restoring of a bike in CRM System. The Operator shall submit an adequate receipt or VAT invoice to the Client for completion of the necessary repair works.
6. The Client bears full and total responsibility and undertakes to cover any tickets, fines, fees etc. obtained by the Client, related to the use of the Bike and imposed on them out of their own fault. The Client shall not bear any responsibility for tickets, fees etc. which have been imposed on them and which stem from the Operator’s fault.
7. Bikes are a supplementation of urban means of transport. It is not permitted to use CRM Bikes for mountain trips, jumps, stunts. Racing and using the Bike in order to pull or push anything is forbidden. Carrying luggage is allowed solely by means of a basket designated for this purpose; it is not permitted to hang anything on the bike frame or on any other bike elements.
8. 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.
9. Transport of CRM Bikes by means of vehicles and other means of transport owned by private persons is forbidden. The Operator reserves the right to remove inadequate protections applied by the Client.
10. The use of any protection which is not a standard CRM System element in order to immobilize a bike is forbidden. The Operator reserves the right to remove inadequate protections applied by the Client under the pain of charging additional fee in accordance with Appendix no. 1.
11. The Client is responsible for the Bike he or she rents from the moment of Rental to the moment of Return. Non-authorized rides shall result in calculating fees in accordance with Appendix no. 1.
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 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 CRM 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 CRM system may be conducted through:
a. the use of payment cards,
b. online payments available after logging in onto the website, to one’s Client Account,
c. payment form, realized at a post-office or at a bank, generated by the payment operator. The form is available upon logging in on the website, within Client Account,
d. through authorizing the CRM System Operator to charge one’s credit or debit card with all calculated fees, including also the amounts payable in relation to each delayed return, fees on account of damages, theft or loss of Bike/Bikes.
3. Information 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 CRM Operator is entitled to transfer the overdue receivables towards the Client, stemming from the Agreement concluded with him, onto third parties, which will entitle these third parties to pursue the said receivables from the Client. The Operator realizes services related to the maintenance of CRM System and bears responsibility for its proper functioning.
8. The reimbursement of fees paid for Rentals, excluding the unused initial fee, may be made after the termination of the Agreement. During the term of the Agreement with the CRM Operator, the payments towards Rentals (top up amount) are non-refundable up to the amount of the minimum balance, excluding the unused initial fee.
9. The amount of the Promotional Voucher that credited the Client’s Account is not refundable. It is used before 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 CRM 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 registration process according to Clause VI.2.a,b,d 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 CRM 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 with the option of debiting (which is an equivalent of defining payments in accordance with Clause V.2.d of the Terms of Service).
One ought to also indicate at least the information regarding Client’s acknowledgement and acceptance of the Terms of Service of CRM and the Privacy Policy of the Operator. Other data listed in Clause VI.3.c,e, the Client is obliged to complete no later than 24 hours after 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. Method of connecting the card with Account is described within the manual available on the website and in BOK.
6. Link will be sent to the email address indicated during the process of registering. The Client is obliged to click on the link within 24 hours from the moment of registering. Clicking on the link serves the purpose of verifying the correctness of an email address and is one of the elements which must be fulfilled in order to activate Client Account.
7. Lack of filling out the data 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 Clause VI. Registration,
b. having a minimum amount of 10 PLN on the Client Account,
c. or defining at the Terminal, within Mobile Application one’s credit card with the possibility of charging as the preferred form of payment, from which the funds will be automatically charged.
2. CRM 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 CRM Bikes are possible at any CRM Stations.
4. Rentals of CRM Bikes commence at the time of Bike release from Electric lock, confirmed by a sound signal. The rental of the CRM 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. It is recommended that the Client should have a mobile phone capable of making calls from BOK during the rental period.
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 if necessary.
9. The Rented Bike may be used within the User Zone. In the course of Rental, the User may cycle beyond the functional area of User Zone, however, he or she is obliged to return to it prior to completing Rental and return it within the area of User Zone, otherwise the User will be charged with a fee in accordance with Appendix no. 1.

VIII. Duration of Rental

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

IX. Return

1. Standard Bike Return is possible at an CRM Station, by means of:
a. connecting the CRM Bike by means of an Adapter to a free Electric lock. correct blocking of the Bike at a stand will be confirmed by a sound signal as well as a physical closing of the Bike in the lock;
b. locking by means of a digital lock in case of lack of free Electric locks. The Bike must be connected to a stand by means of a clamp or another correctly secured Bike, located at a given CRM Station and the digits of the digital lock need to be shuffled. Subsequently, RETURN option must be selected at the Terminal or within the application and then one must follow the instructions displayed on the Terminal or the messages appearing on the mobile phone.
2. In the event of any difficulties with the CRM Bike Return, the Client is obliged to contact BOK, while remaining by the Bike.
3. The Client is obliged to correctly return and secure the bike, as specified in Clause IX.1 of the Terms of Service. 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. charging the fee for leaving the CRM Bike without prior securing at the CRM Station, in accordance with Attachment No. 1 to the Terms of Service,
d. charging the fee for returning the CRM Bike at a place other than a Station, in accordance with Attachment No. 1 to the Terms of Service,
e. temporary or permanent blocking of Client Account.
Fees sum up.
4. Fees specified in Clause IX.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 Bicycle to the nearest CRM 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 CRM 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 CRM system in case of non-compliance with the conditions of bike use at CRM, specified in the hereby Terms of Service.
2. In particular, the account blockade may occur, when the Client:
a. failed to provide personal data specified in Clause VI of the Terms of Service.
b. uses the Bike not in compliance with its designation,
c. leaves the Bike at a place other than an CRM Station,
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 Clause I.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 Clause I.3
e. in person at the premises of the Operator.
4. If data contained within the complaint require supplementation, the Operator requests that the complaining person supplements the complaint within the indicated scope prior to reviewing the complaint. Prior to considering complaints, the Operator may also turn to the Client with a request to supplement, at a designated time, data on the Account, indication of which is required by the provisions of the Terms of Service. In case of lack of data, the Operator will leave such submission unattended.
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 Clause I.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 Clause I.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. via registered letter to the address of the Operator, specified in Clause I.3

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 Clause I.3,
ii. sending a written statement on withdrawal from the Agreement to the Operator by registered mail to the postal address specified in Clause I.3. For this purpose, the Client may use the withdrawal form contained in Annex 2 to the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2019, item 134 as amended), but 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 services 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 services occurs no later than within 14 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement.
2. Termination of the Agreement upon application of the Client
a. The Client has the right to terminate the Agreement. Termination may be submitted by the Client in the following manner:
i. via electronic means to the email address indicated in Clause I.3,
ii. via electronic means through the contact form available on the website,
iii. via registered letter to the address of the Operator indicated in Clause I.3,
iv. in person at the premises of the Operator.
b. The termination of Agreement takes effect immediately, within 14 days from the date of receipt of the termination by the Operator. Liquidation by the Operator of Client Account within the CRM System shall be the result of Agreement termination.
c. Prior to terminating the Agreement the Client is obliged to top up the means on the Client Account to reach the balance of 0 PLN. Termination of Agreement in a situation 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’s Account, excluding the unused Initial Fee, exceed PLN 0 on the date of termination of the Agreement, the unused funds above PLN 0 will be returned to the bank account indicated by the Client in the application, unless the Client agreed to a different solution in the termination of the Agreement. The refund will be made within 14 days from the date of termination of the Agreement. In the event that the reimbursement of funds will be associated with the necessity to incur additional costs on the Operator’s side in the form of transfer costs, these costs will be deducted from the funds due to the Customer to be refunded.
3. The Operator may terminate the Agreement subject to the 7-day notice period (seven days) in the event of occurrence of a significant cause, such as in particular: liquidation of the CRM System or ceasing of operations or change of the scope of CRM System operations.
4. Termination of Agreement for the provision of services via electronic means by the Operator shall occur through sending a statement of termination of Agreement for the provision of services via electronic means to the electronic post address of the User specified in Client Account or via submission of a declaration to the User in any other manner.
5. Subject to clause 6 above, the consequence of termination of Agreement shall be the liquidation of Client Account by the Operator.
6. In case when during the term of the hereby Agreement the User has availed of bike rental in other cities on the basis of the principle of compatibility of Systems, in accordance with Clause I (4) of the Terms of Service and in the framework of registration to that subsequent service he or she did not set up a new account, Client Account shall not be liquidated. The service of Client Account shall continue to be provided according to the conditions specified in the Terms of Service indicated above for the subsequent service which, as per the rule of compatibility, the User used, including in particular the means on the Account will remain available to be used under this service.
7. If the User, after termination of Agreement, continues to use Client Account according to the rules specified in Clause 6 above, he or she shall be obliged to make payments stemming from the Terms of Service of a given service, excluding payment of the initial fee according to the conditions specified in the Terms of Service of a given service.
8. In case when Client Account is liquidated, provided that the means of Client Account exceed PLN 15 on the day of Agreement termination, these shall be returned to the bank account specified by the User. The termination of the Agreement takes effect immediately, within 30 days from the date of receipt of the termination by the Operator. 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. 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

Additional fees

Fees indicated in the tables are VAT tax inclusive

*5 zł/km – distance calculated from the place where the Bike is left to the nearest Station

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

*may be subject to changes

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

1. Maximum burdening of Bikes equipped in children seats cannot exceed 114 kg per bike.
2. The use of Bikes equipped in children seats is possible solely under the supervision of a legal guardian of the child who possesses an account within the Częstochowski Rower Miejski System. The legal guardian is obliged to correctly secure the child in the seat, in accordance with the user instruction placed on the seat.
3. In case of any doubts as to the manner of proper carriage of a child in the bike seat, the User of the System ought to contact CC by phone.
4. Bikes equipped in children seats are designated to carrying children with body weight from 9 kg to 22 kg, who are capable of sitting autonomously for a period of time longer or even to the intended bike journey.
5. Prior to placing the child in the seat, one must ensure whether the seat, the mounting mechanism for the bike and the restraining elements, designated at ensuring safety of the child during ride are not damaged or bearing traces of damages, nor loosened up and that they are stably mounted to the Bike. It is also recommended to control the seat temperature (whether it is not excessive i.e. due to direct sun exposure). In case of observing any irregularities and, in particular, in case of noting defectiveness of the seat or defectiveness of its mounting to the Bike, the User of the Częstochowski Rower Miejski System ought to inform the Operator of the above by means of CC and the use of such a seat is forbidden.
6. Legal guardian assumes full responsibility for the child in the course of rental of the Bike equipped in a child seat.
7. Children in bike seats ought to be wearing helmets securing them (helmets do not constitute standard Bike accessories). One must remember that children ought to be equipped in adequate clothing that secures them against weather conditions, such as rain or sunlight.
8. Children must be placed in a seat in a manner that guarantees their optimal comfort and safety in the course of the ride, using the restraining system in order to ensure restraining of child’s movement in the seat. It is recommended that the back support is slightly tilted backwards.
9. The User is obliged to ensure that the carried child is secured in a way that prevents them from falling out during the ride. If an accident occurs due to improper use of the restraining mechanism, the Client shall bear responsibility in such case.
10. Prior to commencing a ride one must ensure that:
    a. There is no possibility of any part of child’s body, clothing or restraining elements to come into contact with the moving seat element or the bike,
    b. Additional burdening of the Bike does not negatively impact the steering capacity of the bike or its balance, necessary for safe movement on the Bike;
    c. Body mass and size of the child do not exceed the maximum workload of the seat (the above must be controlled also during the ride).
11. Performance of any sort of seat modifications and mounting of additional luggage in the place where the seat is mounted with a child inside is forbidden. One must maintain caution during the ride by a Bike with a child placed in the seat, bearing in mind that the Bike may operate differently in terms of maintaining balance, steering and braking. In particular, one must adjust the speed of riding to the limitations stemming from travelling by means of an additionally burdened bike.
12. In the course of Bike use one must carry out an ongoing verification whether the bike’s rack functions properly and furthermore, whether the carried child does not obscure in any way the bike’s reflectors placed on the rack/seat.
13. One must furthermore pay special attention not to leave the Bike parked with the child remaining in the seat without supervision.
14. Rentals and Returns of Bikes with children seats are possible at each of the stations.

Terms of Service
Częstochowski Rower Miejski System
Valid from 1 July 2021

PDF

I. General Provisions
1. The hereby Terms of Service specify the principles and conditions of using the Częstochowski Rower Miejski System (hereinafter: CRM), launched and operating within the administrative borders of the Częstochowa Municipality.
2. Terms of Service of 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 familiarising with the content, obtaining, broadcasting and recording it. These documents may be obtained at the headquarters of Nextbike Polska S.A. with its registered seat in Warsaw,
3. Contact:
Nextbike Polska S.A.
ul. Przasnyska 6b
01 – 756 Warszawa
e-mail: bok@rower.czestochowa.pl
tel. +48 34 340 12 12
4. Nextbike Systems are compatible, that is setting up an account in one of the systems enables the use of bike rental stations in other cities, unless the terms of service of a given system indicate otherwise: Current list of cities in which Nextbike systems are active may be found under the following address https://nextbike.pl/o-nextbike/.
II. Definitions
1. Mobile Application – mobile application enabling the use of CRM. The use of Mobile Application is possible on smartphone type of devices with an adequate, valid Android or iOS system, which facilitates the download of Mobile Application from an online store. The Application is available for download free of charge at Google Play stores and Apple AppStore, whilst permanent access to the Internet as well as registration of Client Account within CRM System is the condition for its download and use.
2. Adapter – an element mounted on the fork of the CRM bike front wheel’s fork which connects the bike with an Electric lock.
3. Client Service Office of Częstochowski Rower Miejski /BOK CRM – a service launched by the Operator ensuring contact with the Operator through:
a. infoline available 24/7 at the following number: +48 34 340 12 12
b. electronic post under the address bok@rower.czestochowa.pl.
4. Account Blockade – preventive measure consisting of preventing the use of CRM, which may be applied by the Operator in case of breaching by the Client of provisions of the hereby Terms of Service, in particular in case of a breach which constitutes a damage to the property of the Operator.
5. Promotional Voucher – voucher offered by the Operator which enables topping up Client Account. The voucher amount and its designation is established by the Operator and it is non-refundable. The means from the vouchers are used in the first place, prior to the means paid in by the Client.
6. Price List and Table of Additional Fees – price list of CRM services and charges, constituting an integral part of the Agreement. Price List and Table of Additional Fees constitutes Appendix no. 1 to the hereby Terms of Service and is available on the internet website as well as within Mobile Application.
7. Duration of Rental – time counted from the moment of Rental (releasing of electric lock combined with sound signal) until the moment of Bike Return through connecting it with an electric lock and blocking the Bike. In case of lack of free electric locks, through connecting the Bike with digital lock to the stand or to another Bike located at CRM Station. After the code lock is locked, the Bicycle Rental should be terminated by means of the Terminal, the Mobile Application or by contacting BOK. Sole connecting the Bike does not signify its Return.
8. Electric lock – mechanism which releases/blocks CRM Bikes in the docking station. Electric lock constitutes an integral part of each stand at the Station of CRM Bikes. Its automatic closure and blockade of a Bike is combined with a sound signal.
9. Client Identifier – individual number assigned to a Client, corresponding to the number of the mobile phone indicated during registration and a 6-digit PIN number. Any RFID proximity card may also constitute an identifier. Details on registration and Client IDs have been specified in Chapter VI. Registration.
10. Client/ User – any natural person, participant of the CRM System who has accepted the Terms of Service and carried out registration in the CRM System as well as concluded Agreement with the Operator.
11. Client Account/Account – personal Client Account created during registration for the purposes of using CRM System as well as charging fees in line with Appendix no. 1 to the Terms of Service. The Client may link compatible cards and mobile devices with his or her account at CRM, in accordance with RFID standard, facilitating the process of Bike Rental.
12. Cost of repairs – cost calculated by the Operator in relation to the damage of a Bike, based on the price list constituting Appendix no. 2 to the hereby Terms of Service.
13. Top up amount – payment of the minimum of 1 PLN submitted towards Rentals onto Client Account.
14. Minimum Account balance – minimum balance which a Client ought to have in order to be entitled to a Bike Rental.
15. Non-authorized ride – use of a bike without bike rental registered on Client Account.
16. Operator – company Nextbike Polska S.A. realizing the service of CRM maintenance with its registered seat at Ul. Przasnyska 6b, 01-756 Warszawa, entered into the Register of Entrepreneurs of the National Court Register, maintained by the District Court for the city of Warsaw in Warsaw, XII Economic Department of the National Court Register under the following numbers: KRS 0000646950, REGON 021336152, NIP 8951981007
17. Initial fee – non-refundable amount for the registration in CRM System, paid by the Client in relation to the registration and account activation in CRM. The level of initial fee has been defined in Appendix no. 1. The initial fee is a one-off and non-refundable (neither in whole nor in part). It will be set off against further rental fees.
18. 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 https://rower.czestochowa.pl/polityka-prywatnosci/.
19. Explanatory proceeding – a set of actions undertaken by the Operator, targeted at establishing the circumstances and events occurring in relation to the use of bikes, in particular, those related to breaching of the Terms of Service, accidents and collisions or damages to the property of the Operator.
20. Terms of Service-the hereby Terms of Service shall define the principles and conditions of availing of the CRM System, and in particular, conditions, scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in the CRM System.
21. Standard Bike – basic type of bike made available within the CRM System by the Operator. Bikes of this type are designated for use by one person who completed the age of 13 and is above 150 cm tall. Bikes of this type have wheels with rims measuring 26 inches and their load capacity amounts to 120 kg. It is equipped with a basket for which the weight of the luggage may not exceed 5 kg.
22. Standard Bike with children seat – is a standard bike equipped in a seat designating for carrying children with body weight between 9 and 22 kg, who are capable of sitting without assistance for at least the intended period of a bike journey. Carrying a child in the bike seat may occur solely under supervision of their legal guardian. Details concerning the use of Bikes with children seats are available in Appendix no. 3 to the hereby Terms of Service.
23. CRM Service – actions performed by the Operator in relation to the exploitation, repairs and maintenance of the CRM System.
24. CRM Station – location of Rental and Return of CRM Bikes by Clients by means of bike stands, marked with CRM symbols on the Terminal.. Information about locations of the CRM stations may be found on the internet website as well as in the Mobile Application.
25. User Zone – administrative borders of the Częstochowa Municipality.
26. Website – internet website launched by the Operator, www.rower.czestochowa.pl , which contains all necessary data for the commencement and subsequent use of the CRM system.
27. Częstochowski Rower Miejski System / CRM – 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.
28. Terminal – device designated, among others: for registering Clients in the CRM System, Rental and Return of Bikes.
29. Agreement – Agreement between the Client and the Operator which establishes mutual rights and obligations specified in the Terms of Service. It is considered that the Agreement containing the provisions of the hereby Terms of Service shall be automatically concluded at the time of Registration of the Client within the CRM system, subject to submission by the Client of declaration of acceptance of Terms of Service, indication upon registering of personal data and making of Initial Fee. Personal Data Controller shall be Nextbike Polska S.A.
30. Bike Rental/ Rental – unblocking of the Bike by means of Client Identifier or via another method as specified in Clause VI.5 in order to commence a journey. Rental process is specified in detail in Clause VII. of the Terms of Service.
31. Digital lock / clamp – additional line designated for securing the Bike. It comprises an accessory of every Bike.
32. Bike Return/Return – returning a Bike to any CRM Station through placing the adapter inside the Electric lock. The process of Return is specified in Clause IX of the Terms of Service. Sole securing of the Bike by means of a clamp shall not be understood as its Return.
III. General rules of using the Częstochowski Rower Miejski System.
1. The Client may register one account within the CRM System.
2. The condition for the use of CRM System is the submission by the Client of the required personal data upon registration, the acceptance of conditions defined in the hereby Terms of Service, as well as payment of initial fee and clicking on the activation link. The condition for the use of CRM is, furthermore, maintenance of a minimum top up level on the Client Account during the time of each rental, in the amount of no less than 10 PLN (in words: ten zloty).
3. Persons who are above 13 years of age but did not complete 18 years of age (further referred to as Minors) may avail of CRM System subject to the consent of their Parent or Legal Guardian. Such parent or legal guardian bears responsibility on account of any potential damages which may occur, in particular in relation to the non-execution or incorrect execution of the Agreement and they undertake to cover ongoing commitments specified in Appendix no. 1 and Appendix no. 2. It is required that consent of at least one of the parents or legal guardians for the use of Account by a minor is submitted to the Operator:
a. in the form of a scanned letter via electronic means to the address: bok@rower.czestochowa.pl,
b. via registered letter sent to the address of the Operator,
c. submitted in person at the headquarters of the Operator,
The consent should include:
d. telephone number of the minor on which the Account is registered,
e. first name and surname of the parent or legal guardian,
f. consent for the use of CRM System by the minor,
g. first name and surname of the minor,
h. date of birth of the minor,
i. handwritten signature of the parent or legal guardian,
j. date and place of granting the consent.
Sample consent may be found at www.rower.czestochowa.pl
4. Disabled persons below 13 years of age may use the bikes solely under supervision of their parent or legal guardian.
5. The Client may rent up to four Bikes simultaneously.
6. The use of Rented Bikes is permitted within the User Zone, subject to the provisions of Clause VII.9 of the hereby Terms of Service.
7. The use of CRM Bike System may take place solely and exclusively for non-commercial purposes under the pain of calculating additional fees in accordance with the provisions of Appendix no. 1.
8. Parties to the Agreement undertake to mutually inform each other of any changes to addresses or other data identifying them, indicated during registration in the system.
IV. Responsibility and commitment
1. The Operator realizes services related to the maintenance of CRM System and bears responsibility for its proper functioning.
2. The Operator shall not bear responsibility for any direct or follow up damages as well as lost benefits caused as a result of improper performance of the Agreement by the Client, or for any other damages for which the Client is responsible, with the exclusion of damages caused by the Operator purposefully.
3. The Client is 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’s account and/or charge him/her with additional fees in accordance with Appendix no. 1. Detailed conditions related to such blocking have been specified in Clause XI of the hereby Terms of Service.
5. The Client shall be responsible for all damages and demolitions stemming from non-compliance with the Terms of Service. The Client may be charged with costs of repair of such damages, including the cost of bike restoration specified in Appendix no. 1 Price list and Table of Additional Fees and Appendix no. 2 Costs of repair and restoring of a bike in CRM System. The Operator shall submit an adequate receipt or VAT invoice to the Client for completion of the necessary repair works.
6. The Client bears full and total responsibility and undertakes to cover any tickets, fines, fees etc. obtained by the Client, related to the use of the Bike and imposed on them out of their own fault. The Client shall not bear any responsibility for tickets, fees etc. which have been imposed on them and which stem from the Operator’s fault.
7. Bikes are a supplementation of urban means of transport. It is not permitted to use CRM Bikes for mountain trips, jumps, stunts. Racing and using the Bike in order to pull or push anything is forbidden. Carrying luggage is allowed solely by means of a basket designated for this purpose; it is not permitted to hang anything on the bike frame or on any other bike elements.
8. 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.
9. Transport of CRM Bikes by means of vehicles and other means of transport owned by private persons is forbidden. The Operator reserves the right to remove inadequate protections applied by the Client.
10. The use of any protection which is not a standard CRM System element in order to immobilize a bike is forbidden. The Operator reserves the right to remove inadequate protections applied by the Client under the pain of charging additional fee in accordance with Appendix no. 1.
11. The Client is responsible for the Bike he or she rents from the moment of Rental to the moment of Return. Non-authorized rides shall result in calculating fees in accordance with Appendix no. 1.
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 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 CRM 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 CRM system may be conducted through:
a. the use of payment cards,
b. online payments available after logging in onto the website, to one’s Client Account,
c. payment form, realized at a post-office or at a bank, generated by the payment operator. The form is available upon logging in on the website, within Client Account,
d. through authorizing the CRM System Operator to charge one’s credit or debit card with all calculated fees, including also the amounts payable in relation to each delayed return, fees on account of damages, theft or loss of Bike/Bikes.
3. Information 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 CRM Operator is entitled to transfer the overdue receivables towards the Client, stemming from the Agreement concluded with him, onto third parties, which will entitle these third parties to pursue the said receivables from the Client. The Operator realizes services related to the maintenance of CRM System and bears responsibility for its proper functioning.
8. The reimbursement of fees paid for Rentals, excluding the unused initial fee, may be made after the termination of the Agreement. During the term of the Agreement with the CRM Operator, the payments towards Rentals (top up amount) are non-refundable up to the amount of the minimum balance, excluding the unused initial fee.
9. The amount of the Promotional Voucher that credited the Client’s Account is not refundable. It is used before 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 CRM 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 registration process according to Clause VI.2.a,b,d 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 CRM 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 with the option of debiting (which is an equivalent of defining payments in accordance with Clause V.2.d of the Terms of Service).
One ought to also indicate at least the information regarding Client’s acknowledgement and acceptance of the Terms of Service of CRM and the Privacy Policy of the Operator. Other data listed in Clause VI.3.c,e, the Client is obliged to complete no later than 24 hours after 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. Method of connecting the card with Account is described within the manual available on the website and in BOK.
6. Link will be sent to the email address indicated during the process of registering. The Client is obliged to click on the link within 24 hours from the moment of registering. Clicking on the link serves the purpose of verifying the correctness of an email address and is one of the elements which must be fulfilled in order to activate Client Account.
7. Lack of filling out the data 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 Clause VI. Registration,
b. having a minimum amount of 10 PLN on the Client Account,
c. or defining at the Terminal, within Mobile Application one’s credit card with the possibility of charging as the preferred form of payment, from which the funds will be automatically charged.
2. CRM 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 CRM Bikes are possible at any CRM Stations.
4. Rentals of CRM Bikes commence at the time of Bike release from Electric lock, confirmed by a sound signal. The rental of the CRM 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. It is recommended that the Client should have a mobile phone capable of making calls from BOK during the rental period.
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 if necessary.
9. The Rented Bike may be used within the User Zone. In the course of Rental, the User may cycle beyond the functional area of User Zone, however, he or she is obliged to return to it prior to completing Rental and return it within the area of User Zone, otherwise the User will be charged with a fee in accordance with Appendix no. 1.
VIII. Duration of Rental
1. Duration of Rental of the Bike commences at the time of Bike release, in accordance with Clause VII.4 of the Terms of Service. It ends at the time of Bike Return, in accordance with Clause IX.1 of the Terms of Service.
2. The Client is obliged to return the Bike within the maximum Duration of Rental, that is within 12 hours.
3. Exceeding the duration of hours in a single rental causes additional charging of the fee in accordance with Appendix no. 1.
IX. Return
1. Standard Bike Return is possible at an CRM Station, by means of:
a. connecting the CRM Bike by means of an Adapter to a free Electric lock. correct blocking of the Bike at a stand will be confirmed by a sound signal as well as a physical closing of the Bike in the lock;
b. locking by means of a digital lock in case of lack of free Electric locks. The Bike must be connected to a stand by means of a clamp or another correctly secured Bike, located at a given CRM Station and the digits of the digital lock need to be shuffled. Subsequently, RETURN option must be selected at the Terminal or within the application and then one must follow the instructions displayed on the Terminal or the messages appearing on the mobile phone.
2. In the event of any difficulties with the CRM Bike Return, the Client is obliged to contact BOK, while remaining by the Bike.
3. The Client is obliged to correctly return and secure the bike, as specified in Clause IX.1 of the Terms of Service. 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. charging the fee for leaving the CRM Bike without prior securing at the CRM Station, in accordance with Attachment No. 1 to the Terms of Service,
d. charging the fee for returning the CRM Bike at a place other than a Station, in accordance with Attachment No. 1 to the Terms of Service,
e. temporary or permanent blocking of Client Account.
Fees sum up.
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 Bicycle to the nearest CRM 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 CRM 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 CRM system in case of non-compliance with the conditions of bike use at CRM, specified in the hereby Terms of Service.
2. In particular, the account blockade may occur, when the Client:
a. failed to provide personal data specified in Clause VI of the Terms of Service.
b. uses the Bike not in compliance with its designation,
c. leaves the Bike at a place other than an CRM Station,
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 Clause I.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 Clause I.3
e. in person at the premises of the Operator.
4. If data contained within the complaint require supplementation, the Operator requests that the complaining person supplements the complaint within the indicated scope prior to reviewing the complaint. Prior to considering complaints, the Operator may also turn to the Client with a request to supplement, at a designated time, data on the Account, indication of which is required by the provisions of the Terms of Service. In case of lack of data, the Operator will leave such submission unattended.
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 Clause I.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 Clause I.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. via registered letter to the address of the Operator, specified in Clause I.3
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 Clause I.3,
ii. sending a written statement on withdrawal from the Agreement to the Operator by registered mail to the postal address specified in Clause I.3. For this purpose, the Client may use the withdrawal form contained in Annex 2 to the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2019, item 134 as amended), but 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 services 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 services occurs no later than within 14 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement.
2. Termination of the Agreement upon application of the Client
a. The Client has the right to terminate the Agreement. Termination may be submitted by the Client in the following manner:
i. via electronic means to the email address indicated in Clause I.3,
ii. via electronic means through the contact form available on the website,
iii. via registered letter to the address of the Operator indicated in Clause I.3,
iv. in person at the premises of the Operator.
b. The termination of Agreement takes effect immediately, within 14 days from the date of receipt of the termination by the Operator. Liquidation by the Operator of Client Account within the CRM System shall be the result of Agreement termination.
c. Prior to terminating the Agreement the Client is obliged to top up the means on the Client Account to reach the balance of 0 PLN. Termination of Agreement in a situation 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’s Account, excluding the unused Initial Fee, exceed PLN 0 on the date of termination of the Agreement, the unused funds above PLN 0 will be returned to the bank account indicated by the Client in the application, unless the Client agreed to a different solution in the termination of the Agreement. The refund will be made within 14 days from the date of termination of the Agreement. In the event that the reimbursement of funds will be associated with the necessity to incur additional costs on the Operator’s side in the form of transfer costs, these costs will be deducted from the funds due to the Customer to be refunded.
3. The Operator may terminate the Agreement subject to the 7-day notice period (seven days) in the event of occurrence of a significant cause, such as in particular: liquidation of the CRM System or ceasing of operations or change of the scope of CRM System operations.
4. Termination of Agreement for the provision of services via electronic means by the Operator shall occur through sending a statement of termination of Agreement for the provision of services via electronic means to the electronic post address of the User specified in Client Account or via submission of a declaration to the User in any other manner.
5. Subject to clause 6 above, the consequence of termination of Agreement shall be the liquidation of Client Account by the Operator.
6. In case when during the term of the hereby Agreement the User has availed of bike rental in other cities on the basis of the principle of compatibility of Systems, in accordance with Clause I (4) of the Terms of Service and in the framework of registration to that subsequent service he or she did not set up a new account, Client Account shall not be liquidated. The service of Client Account shall continue to be provided according to the conditions specified in the Terms of Service indicated above for the subsequent service which, as per the rule of compatibility, the User used, including in particular the means on the Account will remain available to be used under this service.
7. If the User, after termination of Agreement, continues to use Client Account according to the rules specified in Clause 6 above, he or she shall be obliged to make payments stemming from the Terms of Service of a given service, excluding payment of the initial fee according to the conditions specified in the Terms of Service of a given service.
8. In case when Client Account is liquidated, provided that the means of Client Account exceed PLN 15 on the day of Agreement termination, these shall be returned to the bank account specified by the User. The termination of the Agreement takes effect immediately, within 30 days from the date of receipt of the termination by the Operator. 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. Final provisions
1. The acceptance of the hereby Terms of Service and Rental of a Bike indicates: a declaration of the health state which ensures safe movement on a Bike; ability to ride a Bike; possession of permissions required by provisions of law and knowledge of road traffic provisions.
2. The Operator reserves the right to terminate the Agreement with a notice of 14 days in case the Client breaches the provisions of the hereby Terms of Service (i.e. lack of acceptance of the new Terms of Service, non-return of a bike at the required time) while the Client is entitled, in respect of the Operator, to submit claims related to the return of means on the Client Account, provided that they were not used by the Operator previously to cover the payable liabilities chargeable to the Client.
3. The Operator is authorized to introduce changes to the Terms of Service or Privacy Policy effective in the future. The information regarding changes to the hereby Terms of Service or to the Privacy Policy will be sent to Client’s email address indicated upon registration. Lack of written information of lack of acceptance of the change to Terms of Service or Privacy Policy sent to CC within 14 days from the day of its posting to the Client indicates acceptance of introduced changes within Terms of Service by the Client. Written information of the lack of acceptance by the Client of changes to the Terms of Service or Privacy Policy shall constitute termination of the Agreement by the Client.
4. For all matters unresolved in the hereby Terms of Service the binding legal provisions shall apply, and in particular, the provisions of the Civil Code and the Act on Road Traffic.
5. In case of any discrepancies between the Polish and the foreign language version of the Terms of Service, the Polish version of the document shall prevail.

Appendix no. 1 Pricelist and Table of Additional Fees

Additional fees

Fees indicated in the tables are VAT tax inclusive

*5 zł/km – distance calculated from the place where the Bike is left to the nearest Station

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

*may be subject to changes

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

1. Maximum burdening of Bikes equipped in children seats cannot exceed 114 kg per bike.
2. The use of Bikes equipped in children seats is possible solely under the supervision of a legal guardian of the child who possesses an account within the Częstochowski Rower Miejski System. The legal guardian is obliged to correctly secure the child in the seat, in accordance with the user instruction placed on the seat.
3. In case of any doubts as to the manner of proper carriage of a child in the bike seat, the User of the System ought to contact CC by phone.
4. Bikes equipped in children seats are designated to carrying children with body weight from 9 kg to 22 kg, who are capable of sitting autonomously for a period of time longer or even to the intended bike journey.
5. Prior to placing the child in the seat, one must ensure whether the seat, the mounting mechanism for the bike and the restraining elements, designated at ensuring safety of the child during ride are not damaged or bearing traces of damages, nor loosened up and that they are stably mounted to the Bike. It is also recommended to control the seat temperature (whether it is not excessive i.e. due to direct sun exposure). In case of observing any irregularities and, in particular, in case of noting defectiveness of the seat or defectiveness of its mounting to the Bike, the User of the Częstochowski Rower Miejski System ought to inform the Operator of the above by means of CC and the use of such a seat is forbidden.
6. Legal guardian assumes full responsibility for the child in the course of rental of the Bike equipped in a child seat.
7. Children in bike seats ought to be wearing helmets securing them (helmets do not constitute standard Bike accessories). One must remember that children ought to be equipped in adequate clothing that secures them against weather conditions, such as rain or sunlight.
8. Children must be placed in a seat in a manner that guarantees their optimal comfort and safety in the course of the ride, using the restraining system in order to ensure restraining of child’s movement in the seat. It is recommended that the back support is slightly tilted backwards.
9. The User is obliged to ensure that the carried child is secured in a way that prevents them from falling out during the ride. If an accident occurs due to improper use of the restraining mechanism, the Client shall bear responsibility in such case.
10. Prior to commencing a ride one must ensure that:
11. There is no possibility of any part of child’s body, clothing or restraining elements to come into contact with the moving seat element or the bike,
12. Additional burdening of the Bike does not negatively impact the steering capacity of the bike or its balance, necessary for safe movement on the Bike;
13. Body mass and size of the child do not exceed the maximum workload of the seat (the above must be controlled also during the ride).
14. Performance of any sort of seat modifications and mounting of additional luggage in the place where the seat is mounted with a child inside is forbidden. One must maintain caution during the ride by a Bike with a child placed in the seat, bearing in mind that the Bike may operate differently in terms of maintaining balance, steering and braking. In particular, one must adjust the speed of riding to the limitations stemming from travelling by means of an additionally burdened bike.
15. In the course of Bike use one must carry out an ongoing verification whether the bike’s rack functions properly and furthermore, whether the carried child does not obscure in any way the bike’s reflectors placed on the rack/seat.
16. One must furthermore pay special attention not to leave the Bike parked with the child remaining in the seat without supervision.
17. Rentals and Returns of Bikes with children seats are possible at each of the stations.

Terms of Service – 1 April 2020