Terms of use

REGULATIONS TERMS AND CONDITIONS OF USE OF THE SERVICE

1. GENERAL PROVISIONS

1.1 The Regulations define the rules and conditions of using the Service, as well as the rights and obligations of the Customer, the Operator and the Ordering Party.

1.2 The 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 free of charge at any time using any technique.

1.5 Whenever phrases written in capital letters in the singular or plural are used in the Regulations, they should be understood with the meaning given in point.3 of the Regulations.

2. SHORT 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 can be Rented at a time.

2.3 During the Rental Period, only one Customer may use the same Bike.

2.4 The Customer rents and uses the Bike in a manner consistent with the Regulations.

2.5 The Customer returns the Bike only in the Permitted Zone.

2.6 The time of Bike Rental by the Customer is settled within the form of Membership chosen by the Customer.

2.7 Before renting a bike, the customer has the opportunity to reserve it.

2.8 During the use of the Bicycle, the Customer may make a Standstill. Stopping does not stop the Bicycle Rental Time. The use of this option is within the Bicycle Rental Time.

2.9 While using the Bike, the Customer may also use the Bike in the Prohibited Zone.

3. DEFINITIONS

3.1 Administrators – Operator and Ordering Party.

3.2 Mobile Application – a mobile application enabling the use of the Service, which can be downloaded from Google Play and the App Store.

3.3 Failure - failure, destruction or damage to the Bicycle or its parts (in particular the brake, lights and wheel) preventing safe use of the Bike.

3.4 Account Blocking - preventing the Customer from using the Service by the Operator as a result of the Customer's violation of the provisions of the Regulations.

3.5 Price list - a table of fees which is an integral part of the Regulations, available on the Platform and in the Mobile Application.The 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, enabling obtaining information regarding the conditions and method of using the Service, technical support related to incorrect operation of the Service or submitting a complaint.

3.7 Rental Time – 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 payment for the Service chosen 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 can report, among others:Damage to the Bicycle, Breakdown or Theft of the Bicycle.The hotline is available by calling: +48 587 391 123 (call cost in accordance with telecommunications operators' fee tables).

3.11 Penalty – a financial penalty specified in the Price List imposed on the Customer for violating the Regulations.

3.12 Customer – a natural person who enters into a legal transaction with the Operator and/or the Ordering Party not directly related to his/her business or professional activity, who is over 14 years old and has an Account.

3.13 Account – the Customer's account created as a result of completed Registration for the purposes of using the Service.

3.14 Repair Cost - a fee imposed on the Customer in connection with Damage to the Bike caused by using the Bike in a manner inconsistent with the Regulations.

3.15 Bicycle Theft – means:

3.15.1 dismantling, removing or damaging the Bicycle Lock in a manner inconsistent with the Regulations and the Customer starting to ride the Bicycle,

3.15.2 failure to return the Bike by the Customer after 24 hours.from the moment of Bike Rental,

3.15.3 dismantling, removing or damaging the Bicycle Lock and starting to ride the Bicycle by a person who is not the Customer.

3.16 Minor – a person who is over 14 years of age but under 18 years of age.

3.17 Unauthorized Trip – use of the Bicycle by a person who is not the Customer.

3.18 Operator – City Bike Global, S.A.based in Sant Cugat del Valles, Barcelona, address: Av.Via Augusta 105, 08174 Sant Cugat del Valles, Barcelona;correspondence address in Poland: ul.Mikołaja Reja 3, 80-404 Gdańsk, entered into the Business Register in Barcelona, with the CIF tax identification number: A67484170.The Operator is one of the Personal Data Administrators within the meaning of the GDPR.

3.19 Guardian – parent or legal guardian of a Minor.

3.20 Fee – a fee imposed on the Customer in the cases specified in the Regulations, the amount of which is specified in the Price List.

3.21 Registration Fee - a non-refundable registration fee of PLN 10 paid once upon Registration to cover future Penalties or Fees that may be imposed on the Client.

3.22 Platform – website at www.rowermevo.pl, which contains all information and instructions on using the Service.

3.23 Electronic Mail - the Operator's electronic mail at kontakt@rowermevo.pl.

3.24 Wallet – the Customer's electronic wallet available in the Application and on the Platform, from which the Operator collects the equivalent of the Penalty or Fee imposed on the Customer.

3.25 Explanatory proceedings - a series of activities undertaken by the Operator before imposing a Penalty or Fee on the Customer in order to verify the causes of Bicycle Damage, Bicycle Breakdown, Bicycle Theft or Bike towing.

3.26 Parking - a single and voluntary immobilization of the Bike by the Customer during the Rental Time not exceeding 10 minutes, which does not result from road traffic conditions or regulations.Instructions on how to signal the Parking Bike to the Operator are available on the Platform and Mobile Application.

3.27 Confirmation – the Customer receives confirmation of the end of the Rental Time in the Mobile Application or Platform.

3.28 Regulations - these regulations, rules and conditions for using the Service.

3.29 Registration - the process of creating an Account in order to use the Service, which includes providing personal data, accepting the Regulations 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 the Customer, which prevents the Rental of this Bike by another Customer for a period not exceeding 10 minutes from the moment of making the Reservation in the Mobile Application or Platform.

3.31 GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

3.32 Bicycle(s) – a standard or electric type of bicycle available as part of the Service.

3.33 Individual Settlement - a form of membership in which the Customer undertakes to pay for the actual Rental Time in accordance with the Price List.

3.34 Station - a set of bicycle stands with a totem containing the "MEVO" logo from where the Customer can Rent and Return a Bike.The Station List 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 the Rental and Return of a Bike is possible.The Permitted Zone map is available on the Platform and in the Mobile Application.

3.36 Prohibited Zone - an area that is not a Permitted Zone, in which the Customer cannot return the Bike without consulting the Operator, but in which he or she may Rent the Bike.

3.37 Subscription/Subscription Agreement - membership agreement concluded by the Customer with the Operator and the Ordering Party, which is preceded by a one-off prepayment specified in the Price List and allows the Customer to regularly use the Bicycle for the period specified in the Price List.After exceeding this time, the Rental Time is settled as part of the Individual Settlement.The Subscription Agreement is concluded on the terms specified in the Regulations when the Customer receives confirmation of its conclusion to the e-mail address indicated in the Form.

3.38 IT System – internal IT system of the Operator or the Ordering Party.

3.39 Agreement - an agreement concluded by the Customer with the Operator and the Ordering Party for opening an Account in order to use the Service, with the content and under the conditions specified in the Regulations, specifying the mutual rights and obligations of the parties.The contract is concluded when the Customer completes Registration, about which the Customer will be informed via an appropriate message.

3.40 Service - Bicycle rental service launched by the Ordering Party and the Operator in the municipalities and poviats of the Gdańsk-Gdynia-Sopot Metropolitan Area.

3.41 Damaged Bike/Bike Damage – Bike with a breakdown.

3.42 Rental - starting to use the Bike, i.e. the moment when the Bicycle Lock is unlocked by the Customer.

3.43 Ordering Party - Gdańsk-Gdynia-Sopot Metropolitan Area Association, ul.Długi Targ 39/40, 80-830 Gdańsk, entered into the register of associations, other social and professional organizations, foundations and local government public health care facilities kept by the District Court Gdańsk-Północ under the KRS number 0000398498 NIP 583 31 51 748. The Ordering Party is one of thePersonal data administrators within the meaning of the GDPR.

3.44 Lock – a method of securing the Bicycle using a permanent element of the Bicycle equipment.Instructions on how to properly lock your bike are available on the Platform and in the Mobile Application.

3.45 Road incident - a collision or accident in which the Client using the Bicycle at the time of the collision or accident is a participant.

3.46 Return - termination of use of the Bike, i.e. the moment when the Customer receives Confirmation of the end of the Rental Time in the App

4. GENERAL RULES FOR USING THE SERVICE

4.1 The condition for using the Service is to have an Account.

4.2 To rent a bike

4.2.1 The Customer must select one of the available forms of Membership, i.e. purchase a specific Subscription or select Individual Settlement and

4.2.2 there must be at least PLN 10 in the Wallet.

4.3 By using the Service, the Customer undertakes to comply with the Regulations and legal provisions.

4.4 The Customer is responsible for the Bicycle from the moment of Rental to the moment of Return of the Bike.

4.5 Minors may use the Service if, before concluding the Agreement, the Minor's Guardian provides the Operator with consent to the Minor's use of the Service via e-mail.For this purpose, the Guardian may use the template included in Annex II to the Regulations or prepare a declaration himself, provided that such a declaration contains all the information contained in the template in the appendix.The Operator reserves the right to contact the Guardian before opening the Minor's Account.

4.6 A minor is obliged to have a bicycle card in order to use the Service.

5. REGISTRATION

5.1 In order to create an Account, you must register in one of the following forms:

5.1.1 download the Mobile Application, complete and send the Form or

5.1.2 complete and send the Form on the Platform.

5.2 Using the Mobile Application and the Platform requires having an active e-mail account and the end device and IT system meeting the following technical requirements: having (i) a web browser in the current version (Internet Explorer, Microsoft Edge, Mozilla Firefox, Google Chrome, Opera orequivalent), (ii) a program enabling 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 Please select the appropriate form of Membership in the Form.

5.4 It is prohibited to include illegal content or false information in the Form.

5.5 You cannot include personal data of third parties in the Form.

5.6 It is not possible to send the Form without prior acceptance of the Regulations and Price List, privacy policy and without providing the data required in the Form.

5.7 As part of the Form, in order to complete Registration, you must:

5.7.1 read the Price List,

5.7.2 authorize yourself using one of the available methods,

5.7.3 pay the Registration Fee and purchase a Subscription or select the Individual Settlement option,

5.7.4, by selecting the appropriate checkbox, consent to starting to use the Service before the deadline to withdraw from the Agreement by selecting the appropriate checkbox and confirm acceptance of the information about the loss of the right to withdraw from the Agreement upon completion of Registration,

5.7.5, by checking the appropriate checkbox, consent to starting to use the Subscription before the deadline for withdrawal, as referred to in point..

5.8 Information about opening the Account and the consent given by the Customer, referred to in point.5.7.4.and the confirmation referred to in point5.7.5. 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 opportunity to use the Service.

6.3 The Account is assigned only to one Customer who has registered it.The Customer may not share his Account or Account access data with third parties.6.4 As part of the functionality of the Account, the User has access to, among others:

6.4.1 information provided in the Form,

6.4.2 Wallet,

6.4.3 archival data regarding all Rentals and Bike Returns and Rental Time made via the Account, Fees and Penalties imposed on the Customer, Individual Settlements and purchased Subscriptions.The above data is stored in the IT System until the completion of the Agreement and related claims.

6.5 As part of the functionality of the Account, the Customer may change the data contained in the Form.

7. MEMBERSHIP

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 settled under this Subscription, subject to point.7.8.

7.3 The Operator offers several types of Subscriptions that enable the Customer to use the Service for a period appropriate to a given Subscription.The types of available Subscriptions are posted on the Platform and in the Mobile Application.

7.4 Launching the Subscription is not possible without the Customer's prior consent to launch the Subscription before the deadline to withdraw from its purchase and confirmation that the Customer understands that he loses the right to withdraw from the Subscription Agreement upon its full implementation by the Operator by checking the appropriate checkbox, as referred to in point 5.7.5..

7.5 Regardless of the type of Subscription, the Subscription period begins at the time of the first Bicycle Rental by the Customer (after purchasing the Subscription) or on the 14th day after purchasing this Subscription - depending on which date comes first.

7.6 Changing the Subscription during its duration is only possible if the Customer wants to change the current Subscription to a Subscription with a longer subscription period.

7.7 Instead of Subscription, the Customer may choose the Individual Settlement option.In such a case, the Rental Time is settled in accordance with the Price List.

7.8 If the Customer uses the daily limit under his Subscription, the Rental Time is settled in accordance with the Price List.

8. CUSTOMER'S OBLIGATIONS AND CONSEQUENCES OF FAILURE TO COMPLY WITH THEM

8.1 From the moment of Bike Rental until the Bike Return, the Customer is obliged to protect the Bike against Breakdowns and Theft.

8.2 The Customer undertakes to Rent a Bike, Lock the Bike and Return the Bike in accordance with the instructions available on the Platform and Mobile Application.Bike Reservation

8.3 The Customer has the right to make a free Bike Reservation before Bike Rental.Instructions for Reserving a Bike are available on the Platform and 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.Bike Rental

8.5 Each time, at the time of Renting a Bike, the Customer undertakes to:

8.5.1 have at least PLN 10 in the Wallet, and if the funds in the Wallet are insufficient - top up the Wallet,

8.5.2 before starting the ride, check whether the Bicycle is not damaged and whether it is fit for use, in particular whether the Bicycle tires are inflated and the brakes and lights are working, and (in the case of a Bicycle with electric assistance) check the battery charge level,

8.5.3 to return the Bike in the same technical condition as the Bike was in at the time of Rental, subject to wear and tear of the Bike resulting from its proper use,

8.5.4 use the Bicycle in accordance with the law, including road traffic regulations, and take due care to prevent Breakdowns, Road Accidents and Theft of the Bicycle until the Bike is returned,

8.5.5 to pay fines, fines and other financial penalties imposed on the Client while using the Bicycle.

8.5.6 to return the bike no later than after 12 hours.from the moment of Rental.

8.6 If the Bike is damaged at the time of Rental, the Customer is obliged to inform the Operator about it.In such a situation, the Customer is obliged to immediately return the Damaged Bike, and if this is impossible, follow the Operator's instructions.Using the Bicycle

8.7 Each time, in the event of a Bicycle Breakdown or a Road Incident that occurs while using the Bike, the Customer is obliged to immediately:

8.7.1 stop riding this Bicycle,

8.7.2 inform the Operator about this fact and

8.7.3 place and (if the degree of Bicycle Failure does not prevent it) Fasten the Bike in a stable manner so that it does not pose a threat to road traffic or third parties, in accordance with point 8/14

8.8 The Customer is prohibited from:

8.8.1 Damaged Bike Rentals,

8.8.2 using the Bicycle in an area not adapted for riding a Bicycle, i.e. on the beach, in a reservoir, on dunes,

8.8.3 use the Bicycle if the Customer is under the influence of alcohol or other intoxicating substances, psychotropic substances, or other drugs that are prohibited or not recommended for use by drivers of any vehicles,

8.8.4 use the Bicycle to take part in bicycle races, competitions or other sports events.

8.8.5 transporting the Bicycle by means of transport,

8.8.6 use the Bicycle if the Customer's weight exceeds 120 kg,

8.8.7 use the Bicycle if its height does not exceed 150 cm,

8.8.8 transporting third parties on the Bicycle, including in a basket permanently attached to the Bicycle, and transporting in this basket things or animals whose total weight exceeds 10 kg,

8.8.9 Attaching the Bicycle to other moving objects, including animals,

8.8.10 To move on a Bicycle exclusively on one wheel,

8.8.11 dismantling, modifying, vandalizing or destroying the Bicycle, including its parts,

8.8.12 self-repair or replacement of parts of the Bicycle,

8.8.13 Performing graffiti on the Bike, painting, engraving or wrapping the Bike,

8.8.14 Transfer of the Bicycle to a third party that is not the Operator,

8.8.15 use of security devices, which are not standard equipment of the Bicycle, for the purpose of immobilizing the Bicycle, including during Standstill,

8.8.16 leaving the Bicycle in the 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 clause. 8.14.

8.8.18 Use of the Service for commercial purposes.

8.8.19 Use of the Service if he/she is a Minor who has not received or sent to the Operator the Guardian's consent referred to in Clause. 4.5.

8.9 If the Customer violates any of the prohibitions referred to in Section 8.8. of the Regulations Operator:

8.9.1 may impose a penalty on the customer and/or

8.9.2 may lock the Customer's Account, in accordance with Section. 9.3.

8.10 If the Customer violates any of the prohibitions referred to in sec. 8.8. and as a result of this violation the Bicycle is Damaged, the Customer agrees to bear the Penalty referred to in sec. 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

Return of the Bicycle

8.12 The Customer shall return the Bicycle to the Station or elsewhere 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 to be 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), and 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, the Customer shall:

8.15.1 locate the Bike 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 Bike in accordance with the instructions published in the Mobile Application or on the Platform,

8.15.3 approval of 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 Section. 8.14,

8.15.4 Completion of the Rental Time, in order to receive the Confirmation,

8.15.5 immediately contact the Operator in case of problems with the Bike Fastener or failure to receive the Confirmation.

8.16 Failure to comply with the obligations referred to in sec. 8.15, may result in further charging of Fees or imposition of a Penalty. In addition, leaving the Bicycle in a manner inconsistent with sec. 8.14, may result in the imposition of financial penalties on the Customer as stipulated by the provisions of the applicable law by the enforcement services.

8.17 Failure of the Customer to return the Bicycle after 12 hours from the time of Bicycle Rental and theft of the Bicycle shall result in a Penalty being imposed on the Customer.
Other

8.18 During the term of the Agreement, the Customer shall:

8.18.1 update the data provided during Registration,

8.18.2 have sufficient funds in the Wallet to use the Service,

8.18.3 To not make the Account available to third parties.

9. PAYMENTS

9.1 In the situations specified in the Regulations, the Operator imposes a Fee or Penalty on the Client.The Operator collects the equivalent of this Penalty or Fee from the Wallet.

9.2 Penalties and Fees imposed on the Client are cumulative.

9.3 The Operator will Block the Customer's Account if the funds available in his Wallet are not sufficient to cover 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.

9.4 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.

9.5 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.

9.6 The Customer is responsible and undertakes to cover all fines and public law fees imposed on the Customer during the Rental Period.10.

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 Cost of repairing the Bicycle if a Failure or Damage occurred

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 3.18) 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 point 11.4, 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 Subscription 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.15.8.

12.6 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.3.18.

13.3 The complaint should include at least:

13.3.1.Customer's name and surname,

13.3.2. current phone number,

13.3.3. the Customer's current e-mail address,

13.3.4. circumstances justifying the complaint,

13.3.5 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.3.18.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.The controllers declare that the joint data controller will cover the common goals referred to in point 14.2 below.

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 legitimate 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 or Art.6 section1 letter a of the GDPR, i.e. based on consent to the Operator's marketing activities,

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 legally justified 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 Personal data protection inspectors have been appointed at the Operator and the Ordering Party, contact with whom is possible via e-mail:

14.9.1 personal data protection inspector appointed by the Operator - iod@rowermevo.pl

14.9.2 personal data protection inspector appointed by the Ordering Party - iod@metropoliagdansk.pl

14.10 In matters relating to the exercise of the Customer's rights described in point 14.7, please contact us by e-mail at iod@rowermevo.pl.

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:

15.9.1https://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 6.10. 2023.

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 kontakt@rowermevo.pl 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 damages that may arise as a result of the Minor's use of the Service, in particular damages arising from the use of the Service in a manner inconsistent with the Terms and Conditions.

______________________

Signature of the Guardian