TERMS AND CONDITIONS OF SERVICE
TERMS AND CONDITIONS OF SERVICE
1. GENERAL PROVISIONS
1.1 The Regulations set forth the terms and conditions for the use of the Service, as well as the rights and obligations of the Customer and the Operator and the Ordering Party.
1.2 Use of the Service requires acceptance of the Regulations by the Customer.
1.3 The Regulations are available on the Platform and in the Mobile Application.
1.4 The Regulations may be recorded and reproduced at any time free of charge by any technique.
1.5 Whenever capitalized phrases in singular or plural form are used in the Regulations, they shall be understood in the sense given in sec. 3 of the Regulations.
2. BRIEF DESCRIPTION OF THE PROCESS OF USING THE SERVICE
2.1 The condition for using the Service is to have an Account.
2.2 Using one Account, only 1 Bike may be rented at a time.
2.3 The Customer rents and uses the Bicycle in a manner consistent with the Regulations.
2.4 The Customer returns the Bicycle only in the Permitted Zone.
2.5 The Customer's rental time of the Bicycle is billed under the form of Membership chosen by the Customer.
2.6 Before renting the Bicycle, the Customer has the opportunity to Reserve the Bicycle.
2.7 During the use of the Bicycle, the Customer may make one 10-minute Standstill. The stoppage does not stop the Rental Time of the Bicycle.
2.8 During the use of the Bicycle, the Customer may also move the Bicycle in the Unauthorized Zone.
3.1 Administrators - the Operator and the Customer.
3.2 Mobile Application - a mobile application that enables the use of the Service, which can be downloaded from Google Play and App Store.
3.3 Malfunction - malfunction, destruction or damage to the Bicycle or its parts (in particular, the brake, lights and wheel) preventing the safe use of the Bicycle.
3.4 Account Blocking - preventing the Customer from using the Service by the Operator as a result of violation of the Terms and Conditions by that Customer.
3.5 Price List - a table of fees that is an integral part of the Terms and Conditions, available on the Platform and Mobile Application. Prices in the Price List are gross prices and are expressed in PLN.
3.6 Contact Center - communication tools indicated on the Platform and Mobile Application, allowing to obtain information on the terms and conditions and the manner of use of the Service, technical assistance related to a malfunction of the Service or to file a complaint.
3.7 Rental Time - the time counted from the moment of Rental to the moment of Return of the Bike. The rental time is counted in minutes.
3.8 Membership - the form of billing for the Service selected by the Customer.
3.9 Form ─ an electronic form available in the Mobile Application and on the Platform used for Registration.
3.10 Hotline - a telephone number available to the Customer 24 hours a day, every day of the week, through which the Customer may report, among other things, Bike Damage, Breakdown or Bike Theft. The hotline is available at the following telephone number: +48 587 391 123 (the cost of the call in accordance with the tables of charges of telecommunications operators).
3.11 Penalty - a fine imposed on the Customer for violation of the Terms and Conditions, as specified in the Price List.
3.12 Customer - a natural person performing a legal action with the Operator and/or the Ordering Party which is not directly related to his/her business or professional activity, who is at least 14 years old and has an Account.
3.13 Account - the Customer's account created following the completed Registration for the use of the Service.
3.14 Repair Cost - a charge imposed on the Customer in connection with Damage to the Bicycle caused by use of the Bicycle in a manner inconsistent with the Terms and Conditions.
3.15 Theft of the Bicycle - means:
3.15.1 dismantling, removing or damaging the Fastening of the Bicycle in a manner inconsistent with the Regulations and the commencement of riding of said Bicycle by the Customer,
3.15.2 the Customer's failure to return the Bicycle after 24 hours from the time the Bicycle was rented,
3.15.3 disassembling, removing or damaging the Fastening of the Bicycle and starting to ride this Bicycle by a person who is not the Customer.
3.16 Minor - a person who is 14 years of age or older but under 18 years of age.
3.17 Payment Method - the payment mode selected by the Customer during Registration, which allows access to the Customer's payment card throughout the term of the Agreement.
3.18 Unauthorized Ride - use of the Bike by a person who is not the Customer.
3.19 Operator - the company City Bike Global, S.A. based in Sant Cugat del Valles, Barcelona, address: Av. Via Augusta 105, 08174 Sant Cugat del Valles, Barcelona; mailing address in Poland: 3 Mikołaja Reja Street, 80-404 Gdańsk, registered in the Register of Business Activities in Barcelona, with CIF tax identification number: A67484170. The Operator is one of the Administrators of personal data within the meaning of the RODO.
3.20 Guardian - the parent or legal guardian of the Minor.
3.21 Fee - a fee imposed on the Customer in the cases specified in the Regulations, the amount of which is specified in the Price List.
3.22 Registration Fee - a non-refundable registration fee paid once upon Registration. Its amount is specified in the Price List.
3.23 Platform - the website at www.rowermevo.pl, where all information and instructions on the use of the Service are provided.
3.24 Electronic Mail - the Operator's electronic mail at firstname.lastname@example.org.
3.25 Investigation - a series of actions undertaken by the Operator prior to the imposition of a Penalty or Fee on the Customer in order to verify the causes of Bike Damage, Bike Breakdown, Bike Theft or Bike Towing.
3.26 Standstill - a single and voluntary immobilization of the Bicycle by the Customer during the Rental Time not exceeding
10 minutes, which is not due to traffic conditions or regulations. Instructions on how to signal the Operator of a Bike Standstill are available on the Platform and Mobile Application.
3.27 Confirmation - receipt by the Customer of confirmation of the end of the Rental Time in the Mobile Application or the Platform.
3.28 Terms and Conditions - these terms and conditions of use of the Service.
3.29 Registration - the process leading to the creation of an Account in order to use the Service, which includes providing personal data, accepting the Terms and Conditions and paying the Registration Fee. The scope of data required from the Customer for Registration is specified in the Form.
3.30 Reservation - a reservation of a Bicycle by a Customer that prevents another Customer from renting that Bicycle for a period of time not exceeding 10 minutes from the moment the Reservation is made on the Mobile Application or the Platform.
3.31 RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
3.32 Bike(s) - a standard or electric type of bicycle available under the Service.
3.33 Individual Billing - a form of membership in which the Customer agrees to pay for the actual Rental Time in accordance with the Price List.
3.34 Station - a set of bicycle stands together with a totem containing the logo "MEVO" from where the Customer may rent and return the Bicycle. The list of Stations is available on the Platform and in the Mobile Application.
3.35 Permitted Zone - an area located within the Gdańsk-Gdynia-Sopot Metropolitan Area where it is possible to rent and return a Bicycle. A map of the Permitted Zone is available on the Platform and in the Mobile Application.
3.36 Unauthorized Zone - an area that is not a Permitted Zone, in which the Customer may not Return the Bicycle without consulting the Operator, but in which the Bicycle may be rented.
3.37 Subscription/Subscription Agreement - a membership agreement entered into by the Customer with the Operator and the Customer, which is preceded by a one-time prepayment as specified in the Price List and allows the Customer to use the Bicycle on a regular basis for a period of time specified in the Price List. Once this time is exceeded, the Rental Time is billed under Individual Billing. The Subscription Agreement is concluded on the terms and conditions specified in the Terms and Conditions when the Customer receives confirmation of its conclusion at the e-mail address indicated in the Form.
3.38 Information System - the Operator's or Ordering Party's internal information system.
3.39 Agreement - an agreement concluded by the Customer with the Operator and the Ordering Party for the opening of an Account in order to use the Service, with the content and under the conditions specified in the Regulations defining the mutual rights and obligations of the parties. The Agreement is automatically concluded when the Customer completes the Registration.
3.40 Service - Bicycle rental service launched by the Ordering Party and the Operator on the territory of municipalities and counties included in the Gdańsk-Gdynia-Sopot Metropolitan Area.
3.41 Damaged Bicycle/Bicycle Breakdown - a Bicycle with a Breakdown.
3.42 Hire - the commencement of use of the Bicycle, i.e. the moment at which the Customer unlocks the Bicycle fastening.
3.43 Purchaser - the Association of the Metropolitan Area of Gdańsk-Gdynia-Sopot, Długi Targ 39/40 Street, 80-830 Gdańsk, entered in the register of associations, other social and professional organizations, foundations and self-governmental public health care facilities kept by the District Court of Gdańsk-Północ under KRS number 0000398498 NIP 583 31 51 748. The Purchaser is one of the Administrators of personal data within the meaning of RODO.
3.44 Fastener - a method of securing the Bicycle using a fixed piece of equipment on the Bicycle. Instructions on how to properly Fasten the Bicycle are located on the Platform and in the Mobile Application.
3.45 Traffic incident - a collision or accident involving the Customer using the Bicycle at the time of such collision or accident.
3.46 Return - termination of the use of the Bicycle, i.e. the moment when the Customer receives the Confirmation of the end of the Rental Time in the Mobile Application or the Platform.
4. GENERAL RULES FOR USE OF THE SERVICE
4.1 The condition for using the Service is to have an Account.
4.2 In order to rent a Bike, the Customer must choose one of the available forms of Membership, i.e. purchase a specific Subscription or choose Individual Billing.
4.3 When using the Service, the Customer agrees to comply with the Terms and Conditions and the law.
4.4 The Customer is responsible for the Bicycle from the moment of rental until the Bicycle is returned.
4.5 Minors may use the Service if, prior to the conclusion of the Agreement, the Minor's Guardian provides the Operator with consent to the Minor's use of the Service at the Electronic Mail address. For this purpose, the Guardian may use the template, which is attached as Appendix II to the Terms of Service, or prepare a statement on his/her own, provided that such statement contains all the information that the template in the Appendix contains. The Operator reserves the right to contact the Guardian before opening the Minor's Account.
4.6 A minor is required to have a bicycle card in order to use the Service.
5.1 In order to create an Account, you must complete Registration in one of the following forms:
5.1.1 download the Mobile Application, complete and submit the Form or
5.1.2 complete and submit the Form on the Platform.
5.2 The use of the Mobile Application and the Platform requires an active email account and the fulfillment of the following technical requirements by the end device and the ICT system: having (i) a web browser in the current version (Internet Explorer, Microsoft Edge, Mozilla Firefox, Google Chrome, Opera or equivalent), (ii) a program that allows opening html documents, (iii) accepting and using cookies, (iv) connection to the Internet, and the device itself must be equipped with the following operating system: MS Windows, Linux, macOs, Android, iOS.
5.3 The appropriate form of Membership must be selected in the Form.
5.4 It is prohibited to include unlawful content or false information in the Form.
5.5 Personal data of third parties may not be included in the Form.
5.6 It is not possible to send the Form without prior acceptance of the Regulations and without providing the data required in the Form.
5.7 In order to complete the Registration, you must:
5.7.1 pay the Registration Fee,
5.7.2 make authorization through one of the available methods,
5.7.3 agree to start using the Service before the expiration of the withdrawal period by checking the appropriate checkbox,
5.7.4 acknowledge that you have been informed that you lose your right to withdraw from the Agreement upon completion of the Registration by checking the appropriate checkbox.
5.8 Information about the opening of the Account and the consent given by the Customer, referred to in item.
5.7.3. and the confirmation referred to in sec.
5.7.4.will be sent by e-mail to the address provided in the Form.
6. CUSTOMER ACCOUNT
6.1 The Customer has permanent access to the Account both in the Mobile Application and via the Platform.
6.2 The Account gives the Customer the ability to use the Service.
6.3 The Account is assigned only to one Customer who has completed its Registration. The Customer may not share its Account or access data to the Account with third parties.
6.4 Within the functionality of the Account, the User has access to:
6.4.1 information provided in the Form,
6.4.2 Payment Methods,
6.4.3 archival data on all Rentals and Bicycle Returns completed through the Account, as well as the Rental Time, Fees and Penalties imposed on the Customer, Individual Settlements and Purchased Subscriptions.
The above data is stored in the Information System until the completion of the Agreement and related claims.
6.5 Within the functionality of the Account, the Customer may change the data placed in the Form.
7.1 In order to use the Service, the Customer must have a Subscription or select the Individual Billing option.
7.2 In the case of a Subscription, the Rental Time is billed under that Subscription, subject to para.
7.3 The Operator offers several types of Subscriptions that allow the Customer to use the Service for the period of time specific to the Subscription. The types of available Subscriptions are posted on the Platform and in the Mobile Application.
7.4 No Subscription may be activated without the Customer's prior consent to activate the Subscription prior to the expiration of the deadline for cancellation by checking the appropriate checkbox.
7.5 Regardless of the type of Subscription, the Subscription period shall commence at the time of the Customer's first Bike Rental (after the purchase of the Subscription) or on the 14th day after the purchase of such Subscription, whichever comes first.
7.6 Changing the Subscription during its term is possible only if the Customer wishes to change the current Subscription to a Subscription with a longer subscription.
7.7 Instead of a Subscription, the Customer may choose the Individual Billing option. In this case, the Rental Time is billed in accordance with the Price List.
7.8 In the event that the Customer uses the daily limit under its Subscription, the Rental Time is billed in accordance with the Price List.
8. CUSTOMER'S OBLIGATIONS AND CONSEQUENCES OF NON-COMPLIANCE
8.1 From the moment of Renting the Bicycle until the moment of returning the Bicycle, the Customer shall protect the Bicycle from Breakdowns and Theft.
8.2 The Customer undertakes to Rent the Bike, Fasten the Bike and Return the Bike in accordance with the instructions available on the Platform and the Mobile Application.
Booking of the Bicycle
8.3 The Customer has the right to make a free Bike Reservation before renting a Bike. Instructions for Booking a Bicycle are available on the Platform and the Mobile Application.
8.4 The Customer may make no more than 4 Bike Reservations between 00:00 and 23:59 on the same day. Reservations must be made at least 30 minutes apart.
Rental of the Bicycle
8.5 Each time, at the time of Renting a Bicycle, the Customer undertakes:
8.5.1 before starting the ride, check that the Bicycle is not Damaged and is fit for use, in particular, that the tires of the Bicycle are inflated and the brakes and lights are in working order, and (in the case of a Bicycle with electric assistance) check the battery charge level,
8.5.2 to return the Bicycle in the technical condition in which the Bicycle was at the time of the rental, subject to the wear and tear of the Bicycle resulting from its proper use,
8.5.3 to use the Bicycle in accordance with the law, including traffic regulations, and to take due diligence to prevent Breakdowns, Traffic Incidents and theft of the Bicycle until the Bicycle is returned,
8.5.4 to pay fines, penalties and other financial penalties imposed on the Customer while using the Bicycle.
8.5.5 to return the Bicycle no later than 12 hours after the Rental.
8.6 If the Bicycle is Damaged at the time of Rental, the Customer is obliged to inform the Operator. In such a situation, the Customer is obliged to immediately return the Damaged Bicycle, and if this is not possible - to follow the instructions of the Operator.
Use of the Bicycle
8.7 Each time, in the event of a Bicycle Breakdown or Traffic Incident that occurs while using the Bicycle, the Customer shall immediately:
8.7.1 stop riding that Bicycle,
8.7.2 inform the Operator thereof, and
8.7.3 put up and (if not prevented by the degree of the Bicycle Malfunction) fasten the Bicycle in a stable manner so that it does not pose a danger to traffic or third parties, in accordance with Clause. 8.14.
8.8 The Customer is prohibited from:
8.8.1 Rent a Damaged Bicycle,
8.8.2 use the Bicycle in an area not suitable for riding the Bicycle, i.e. on the beach, in a body of water, on dunes,
8.8.3 use of the Bicycle if the Customer is under the influence of alcohol or other intoxicants, psychotropic substances, and other drugs that are prohibited or not recommended for use for the drivers of any vehicles,
8.8.4 use the Bicycle to participate in bicycle races, competitions or other sporting events.
8.8.5 transporting the Bicycle by means of transportation,
8.8.6 use of the Bicycle if the Customer's weight exceeds 120 kg,
8.8.7 use of the Bicycle if its height does not exceed 150 cm,
8.8.8 carrying third persons or things or animals whose total weight exceeds 10 kg in a basket permanently attached to the Bike,
8.8.9 attaching the Bicycle to other moving objects, including animals,
8.8.10 moving on the Bicycle only on one wheel,
8.8.11 dismantling, modifying, vandalizing or destroying the Bicycle, including its parts,
8.8.12 independently repair or replace parts of the Bicycle,
8.8.13 perform graffiti on the Bicycle, painting, engraving or wrapping the Bicycle,
8.8.14 transfer the Bicycle to a third party who is not the Operator,
8.8.15 using security devices, which are not standard equipment of the Bicycle, in order to immobilize the Bicycle, including during Standstill,
8.8.16 leaving the Bicycle in an unauthorized Zone without the express consent of the Operator,
8.8.17 leaving the Bicycle contrary to the instructions presented in the Mobile Application or on the Platform and in a manner inconsistent with sec. 8.14.
8.8.18 using the Service for commercial purposes.
8.9 In the event that the Customer violates any of the prohibitions referred to in clause 8.8. of the Regulations, the Operator:
8.9.1 may impose a Penalty on the Customer and/or
8.9.2 may block the Customer's Account.
8.10 In the event that the Customer violates any of the prohibitions referred to in sec. 8.8. and as a result of such violation the Bike is Damaged, the Customer agrees to bear the Penalty referred to in Clause.
8.9. and the Cost of repairing or replacing the damaged parts of the Bicycle necessary to restore the Bicycle to its condition prior to the damage.
8.11 In case of theft of the Bicycle, which occurs during the use of the Bicycle, the Customer shall immediately inform the Operator.
Return of the Bicycle
8.12 The Customer shall return the Bicycle to the Station or at another location in the Permitted Zone. Returning the Bicycle to the Station does not incur a Fee. Returning the Bicycle outside the Station but in the Permitted Zone involves a Fee.
8.13 Return of the Bicycle in the Unauthorized Zone is possible only with the consent of the Operator only in the event of a Bicycle Breakdown or Traffic Incident. Return of the Bicycle by the Customer in the Unauthorized Zone without the express consent of the Operator shall result in a Penalty being charged to the Customer.
8.14 Return of the Bicycle outside the Station requires the Customer to leave the Bicycle in a place designated for the parking of bicycles or other vehicles (e.g., parking lots, bicycle racks, areas marked on the sidewalk), or in the absence of such a place, as close as possible to the outer edge of the pedestrian way furthest from the roadway and parallel to that edge.
8.15 Whenever the Customer returns a Bicycle, he shall:
8.15.1 place the Bicycle on two wheels, stably in such a way that it does not impede traffic or pedestrians, in accordance with the instructions on the Mobile Application or the Platform,
8.15.2 fasten the Bicycle in accordance with the instructions published in the Mobile Application or on the Platform,
8.15.3 approve the message in the Mobile Application or on the Platform that the Customer has left the Bicycle in the manner indicated in the instructions and in accordance with para. 8.14,8.15.4 end of the Rental Time in order to receive Confirmation,8.15.5 immediately contact the Operator in the event of problems with Locking the Bike or failure to receive Confirmation.8.16 Failure to fulfill the obligations referred to in point8.15, may result in further charging of Fees or imposition of a Penalty.Additionally, leaving the Bike in a manner inconsistent with point8.14, may result in the imposition of financial penalties on the Customer provided for by applicable law by law enforcement services.8.17 Failure to return the Bike by the Customer after 12 hours from the moment of Renting the Bike and theft of the Bike result in a Penalty being imposed on the Customer.Other8.18 During the term of the Agreement, the Customer is obliged to:8.18.1 update the data provided during Registration,8.18.2 have the appropriate amount of funds on the selected Payment Method to use the Service,8.18.3 not to make the Account available to third parties.
9.1 In the situations specified in the Regulations, the Operator collects a Fee or Penalty from the Customer in accordance with the Payment Method selected by the Customer.
9.2 Penalties and Fees imposed on the Client are cumulative.
Due to numerous cases of blatant violations of the regulations by users, the Contracting Authority has decided to introduce, as of September 23 as of 12:00 pm, the following additional fees (in addition to the fee of PLN 10 for leaving the bicycle outside the Parking Station, already in effect as of September 13, 2023), which will be charged to users of the System also during Phase II:
riding on a basket or other attempt to damage the bicycle - PLN 500
leaving the bicycle in a prohibited zone, i.e. in all areas not accessible to the service - 450 PLN;
riding a bicycle by more than one person - 100 zł;
using your own bicycle locks - PLN 200;
bicycle access to the beach - 80 zlotys;
transporting bicycles by means of transportation - 50 zl.
Theft or damage to the bicycle:
(a) damage to the bicycle making it impossible to repair - PLN 12,000;
b) theft of a bicycle - 12000 zł;
c) theft of batteries - 3000 zł;
d) damage to the basket - 2000 zł;
e) removal of stickers - 500 zł;
f) broken/damaged saddle - 1000 zł;
g) any other confirmed case - PLN 1000.
According to the unanimous position of the Contracting Authority and the Contractor, the above fees collected in Phase II will not constitute the Contractor's revenue and will not count towards the levels on which the Contractor's bonus referred to in § 11(1) of the Agreement depends. At the same time, all accumulated funds on this account will be transferred to the Contracting Authority within the deadlines specified in § 11(8) of the Agreement dated February 8, 2022, i.e. within 5 working days after the end of a given month. The aforementioned fees will be reduced by the claims processed successfully.
9.3 In the event of a Blockade of the Customer's Account, the funds for the unused time of the Customer's Subscription will be allocated to Penalties or Fees or to cover the costs of repairing or replacing damaged parts of the Bicycle.
9.4 If the measures referred to in point9.3, are not sufficient to cover the Customer's liabilities towards the Operator, the Customer is obliged to pay the remaining amounts in the manner and within the time specified by the Operator.
9.5 The Operator will Block the Customer's Account whose Payment Method or financial resources available on the selected Payment Method will not enable the collection of the equivalent of the Fee and/or Penalty.In order to remove the Account Blockade, the Customer must first pay the amounts due to the Operator in the manner and within the time specified by the Operator.
9.6 The Customer is responsible for providing the Account (including access data to the Account) to a third party, and undertakes to bear Fees and/or Penalties for the use of the Service via this Account by a third party.
9.7 The Customer is responsible and undertakes to cover all fines and public law fees imposed on the Customer during the Rental Period.
10. OPERATOR'S OBLIGATIONS
10.1 The Operator will ensure the proper functioning of the Service with due care, however, the Operator is not responsible for:
10.1.1 limited availability or lack of available Bicycles in Permitted Zones, including Stations where the Customer wants to Rent a Bike,
10.1.2 Failures or Damaged Bicycles, if the cause of the Failure or Damage to the Bike was not attributable to the Operator.
10.2 The Operator is responsible for the proper functioning of the Service.
10.3 The Operator is obliged to:
10.3.1 exercise due diligence to ensure the proper functioning of the Service, including the Platform and the Mobile Application,
10.3.2 regular maintenance of the Bicycles to ensure their proper functioning,
10.3.3 repairs of Damaged Bicycles,
10.3.4 storing and securing funds paid by Customers for the purpose of using the Service and verifying the status of the Customer's settlements using the IT System.
10.4 Before imposing a Penalty or Fee on the Customer, other than the Fee for Returning the Bike outside the Station in the Permitted Zone, the Operator undertakes to initiate Explanatory Proceedings each time.The purpose of the explanatory procedure is to determine whether and which provision of the Regulations has been violated by the Customer and to determine the amount of repair costs.
10.5 The Explanatory Procedure includes:
10.5.1 identification of the Bicycle concerned by this Explanatory Procedure,
10.5.2 taking photos of the Bicycle concerned by this Explanatory Proceedings, if the photos are important for the Explanatory Proceedings,
10.5.3 estimation of the Bicycle repair cost if a Failure or Damage to the Bicycle occurred,
10.5.4 contact with the Customer who, according to the Operator's IT System, damaged the Bicycle or caused a Failure in order to
informing the Client about the Penalty or Fee imposed on the Client and its amount.
10.6 The Operator undertakes to inform the Customer about the Penalty and/or Fee and/or Account Blocking imposed on the Customer in the Mobile Application or at the e-mail address indicated in the Form.The Customer may appeal against the Operator's decision, which is specified in the provisions of Chapter
13.10.7 After the Explanatory Procedure, the Operator will collect from the Customer, in accordance with the Payment Method selected by the Customer, the sum of funds due to the Operator.
10.8 Explanatory proceedings may also be carried out if the Bike is towed away or if the Operator or the Ordering Party is obliged to provide information about the Services or Customers provided by state authorities.
10.9 The Operator settles accounts with the Ordering Party for receivables collected from Customers related to the use of the Service, on the terms specified in the agreement between the Ordering Party and the Operator.11.
WITHDRAWAL FROM THE SUBSCRIPTION AGREEMENT
11.1 The Customer may withdraw from the Subscription Agreement, without giving a reason, within 14 days from the date of its conclusion, subject to point.11.4.The deadline is considered met if, before its expiry, the Customer sends the Operator a declaration of withdrawal from the Subscription Agreement.
11.2 In order to exercise the right to withdraw from the Subscription Agreement, the Operator must be notified of this in the form of an unambiguous statement (sent to the e-mail address or Polish address of the Operator indicated in point 3.19) within the deadline referred to in point.11.1.For this purpose, the Customer may use the model withdrawal form in Annex I, which, however, is not obligatory.
11.3 Subject to point11.4, if the Customer exercises the right to withdraw from the Subscription Agreement, the Customer is obliged to pay for the services provided until the moment of withdrawal from the Subscription Agreement.The payment amount is calculated in proportion to the scope of the service provided, taking into account the payments agreed in the Subscription Agreement.
11.4 The Customer has no right to withdraw from the Agreement if he has used the entire Subscription of his choice before the deadline for withdrawal expires.
11.5 A Customer who has withdrawn from the Subscription Agreement cannot register again.
12. TERMINATION OF THE AGREEMENT
12.1 Termination of the Agreement by the Customer is tantamount to termination of the Subscription Agreement, provided that the termination of the Agreement took place after the deadline referred to in point.11.1.
12.2 The Customer may terminate the Agreement at any time via the Contact Center.
12.3 The effect of termination of the Agreement by the Customer is the immediate liquidation of the Customer's Account in the IT System within 15 days from the date of informing the Operator about the intention to terminate the Agreement.
12.4 From the moment of termination of the Agreement, the Customer may not use the Service.
12.5 Funds for the unused time of the Subscription will be used to pay any Penalties or Fees or to cover the cost of repairing or replacing damaged parts of the Bicycle.The remaining unused funds of the Customer are non-refundable, subject to point.184.108.40.206 If the measures referred to in point12.5 are not sufficient to cover all liabilities of the Client towards the Operator, the Client is obliged to pay the remaining liabilities in the manner and within the time specified by the Operator.
13. CUSTOMER COMPLAINTS AND COMPLAINTS
13.1 The Customer has the right to submit a complaint in connection with improper operation of the Service, including improper performance of obligations by the Operator, improper functioning of the Mobile Application and Platform or imposition of a Penalty or Fee on the Customer.
13.2 Complaints should be submitted in writing by e-mail or to the Operator's address indicated in point.3.19.
13.3 The complaint should include at least:8.5.1.Customer's name and surname,8.5.2.current phone number,8.5.3.the Customer's current e-mail address,8.5.4.circumstances justifying the complaint,8.5.5.the Customer's request related to the submitted complaint.
13.4 If the data or information provided in the complaint do not allow the complaint to be recognized, the Operator will ask the Customer to clarify any doubts or provide additional information by e-mail or telephone.
13.5 The Operator sends a response to the complaint to the Customer's e-mail address within 14 days from the date of receipt of the complaint.Failure to provide a response by the Operator within this period results in the acceptance of the Customer's request.
13.6 The Customer has the right to appeal against the Operator's decision.The appeal must be submitted in writing by e-mail or to the Operator's address indicated in point.3.19.The appeal will be considered within 14 days from the date of submission of the appeal.
14. PROCESSING OF PERSONAL DATA
14.1 The Customer's personal data will be processed by the Administrators - the Operator and the Ordering Party.Administrators are bound by an agreement concluded between them on the co-administration of personal data.
14.2 The purpose and legal basis for the processing of the Customer's personal data is:14.2.1 conclusion, performance and settlement of the Agreement (Article 6(1)(b) of the GDPR),
14.2.2 fulfillment of obligations arising from the subject of electronic correspondence, including those related to the business activity, based on the legally justified interest of each Administrator, which is to ensure continuity of communication and enable contact with the Administrators in matters related to the business activity - pursuant to Art.6 section1 letterf GDPR,
14.2.3 fulfilling legal obligations imposed on Administrators in connection with their business activities - pursuant to Art.6 section1 letterc GDPR,
14.2.4 conducting promotional or marketing activities, in particular sending new offers and cooperation proposals, thus implementing the legally justified interest of the Administrators, Art.6 section1 letterf GDPR,
14.2.5 the legitimate interest of the Administrators, pursued e.g. by the Administrators possibly pursuing claims arising from the concluded contract.
14.3 If the Customer consents to the processing of his personal data, each Administrator will store this data:
14.3.1 for the period necessary to protect your interests,
14.3.2 in the case of other purposes related to the legitimate interests of the Administrators - for the period of validity of these purposes or until the Customer raises an objection,
14.3.3 for the period provided for by legal provisions obliging Administrators to process data for a specific period of time and limitation periods for claims.
14.4 The recipients of the Customer's personal data may be:
14.4.1 employees, collaborators, partners and members of the Administrator's bodies,
14.4.2 processing entities acting on behalf of the Administrators, for the purpose and scope required to perform the Agreement;these entities process data on the basis of separate contracts concluded with the Administrators, only in accordance with the instructions and to the extent specified by the Administrators,
14.4.3 entities authorized under generally applicable law.
14.5 The Customer's personal data will not be made available to entities based outside the European Economic Area (EEA), i.e. in third countries.The Customer's personal data may be transferred outside the EEA if it is necessary to perform the Administrator's obligations under the Agreement, including:in a situation where the proper performance of this Agreement requires the participation of subcontractors or employees or associates of the Administrators based outside the EEA.However, the transfer of the Customer's data to entities based in a third country is only possible if an adequate level of data protection has been established for these countries by the European Commission or when standard contractual clauses approved by the European Commission are used or if appropriate security measures are in place.
14.6 The Customer's personal data will not be subject to automated decision-making or profiling.
14.7 With respect to personal data that the Customer has provided to the Administrator, the Customer may:
14.7.1 request access to data, rectification and obtaining a copy thereof,
14.7.2 request the deletion of data or restriction of its processing, in cases provided for by law,
14.7.3 object to the processing of data if the purpose of their processing is the legitimate interest of the Administrator,
14.7.4 withdraw consent if data is processed on the basis of consent.
14.7.5 submit a complaint to the President of the Office for Personal Data Protection (ul. Stawki 2, 00-193 Warsaw) if the Customer believes that the Administrators or one of the Data Administrators has violated the provisions of the GDPR or other provisions regarding the protection of personal data by processing personal data.
14.8 Providing personal data by the Customer is voluntary.However, in some cases, providing personal data may be necessary for the implementation of the Agreement.
14.9 The Operator and the Ordering Party have appointed personal data protection inspectors, whose contacts include, among others:in matters relating to the exercise of the Customer's rights described in point 14.7, is possible by e-mail:
14.9.1 personal data protection inspector appointed by the Operator - [X]
14.9.2 personal data protection inspector appointed by the Ordering Party - email@example.com
15. FINAL PROVISIONS
15.1 Customers who wish to use the Service accept that the Service is not completely reliable, i.e. Customers accept potentially limited availability of Bicycles in some Permitted Zones, including Stations, and the possibility of Bicycle Breakdowns or Damage.
15.2 Renting a Bicycle by the Customer is tantamount to the Customer's declaration that he or she has knowledge of road traffic regulations and that his or her health and skills will enable safe use of the Bicycle.
15.3 Unauthorized Trip is associated with a Fee imposed on the Customer who has made the Bike available to another person.
15.4 The Regulations in the version applicable at the time of their acceptance by the Customer apply to the Customer.
15.5 The Operator or the Ordering Party has the right to change the Regulations for the following reasons:
15.5.1 changes in the functionality of the Service, provided that changes to the Regulations are intended to adapt the content of the Regulations to the functionality of the Service,
15.5.2 the need to improve Customer security, including the need to counteract abuses committed in connection with the operation of the Service,
15.5.3 a change in generally applicable legal provisions that has a direct impact on the content of the Regulations.
15.6 The Operator or the Notifying Party will inform Customers about each change to the Regulations by e-mail and by posting an appropriate message on the Platform and in the Mobile Application at least 14 days before the changes enter into force.
15.7 The new Regulations enter into force on the day indicated by the Operator or the Ordering Party, unless the Customer terminates the Agreement before the new Regulations enter into force.If no declaration of termination of the Agreement is submitted within this period, it is assumed that the Customer accepts the new regulations.15.8 In the event of termination of the Agreement by the Customer in accordance with point
15.7, the Ordering Party returns the funds to the Customer for the unused time of the Subscription within 7 days.
15.9 Information about the Customer's ability to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, is available at the headquarters and on the websites of district consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Trade Inspections and onwebsites of the Office of Competition and Consumer Protection:
15.9.1 https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php,15.9.2 https://www.uokik.gov.pl/sprawy_zdrowie.php,15.9.3 https://www.uokik.gov.pl/wazne_adresy.php.15.10 The customer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:15.10.1 application for resolution of the dispute with the Operator to a permanent consumer arbitration court,15.10.2 a request to initiate mediation proceedings regarding the amicable settlement of the dispute with the Operator to the provincial inspector of the Trade Inspection,15.10.3 assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (more at: https://uokik.gov.pl/rzecznicy.php).
15.11 The Operator informs that a platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.Resolving disputes using this method is voluntary.
15.12 In matters not regulated in the Regulations, applicable law shall apply.15.13 The Regulations enter into force on [X].
16. ANNEX I: WITHDRAWAL FORM FROM THE SUBSCRIPTION AGREEMENT
If the Customer wants to withdraw from the Subscription Agreement, please complete this form and send it to firstname.lastname@example.org or ul.Mikołaja Reja 3, 80-404 Gdańsk.To: City Bike Global, S.A.based in Sant Cugat del Valles, BarcelonaCustomer's name and surname:Customer address:Date:Pursuant to the Act of May 30, 2014 on consumer rights (Article 27),
I hereby withdraw from the Subscription Agreement concluded by me on ____________________________________
Customer's signature (only for written declaration)
17. ANNEX II: TEMPLATE STATEMENT FOR USE OF THE SERVICE BY A MINOR
If the formula uses capitalized phrases, they have the meaning given to them in the Regulations available on the Platform or Mobile Application.
Name and surname of the Guardian:
Current telephone number of the Guardian:
Name and surname of the Minor:
Date of birth of the Minor:
I consent to the use of the Service by Minor
[name and surname of the Minor].Simultaneously:
1) I declare that I have read the Regulations,
2) I declare that the Minor has a bicycle card,
3) I undertake to cover all costs related to the conclusion of the Agreement and the use of the Service by the Minor, referred to in the Regulations and
4) I agree to bear all responsibility for any damage that may arise as a result of the use of the Service by the Minor, in particular any damage resulting from the use of the Service in a manner inconsistent with the Regulations.
Signature of the Guardian