“Citi Handlowy Bikes” SUBSYSTEM

TERMS OF SERVICE

I.                 General Provisions

  1. These Terms of Service set forth the terms and conditions for the use of the Citi Handlowy Bikes Subsystem, including the condition for the use of the “Citi Handlowy Bikes” Mobile Application supporting the use of the Citi Handlowy Bikes Subsystem.
  2. These Terms of Service shall apply jointly with the Privacy Policy, both being available free of charge on the website citihandlowybikes.pl in a form that allows them to be read, as well as downloaded, reproduced and recorded. The documents may also be obtained at the offices of: Nextbike Polska SA. and Bank Handlowy w Warszawie S.A. with its registered office in Warsaw at ul. Senatorska 16, 00-923 Warsaw.
  3. Contact:
Nextbike Polska S.A., ul Przasnyska 6b, 01-756 Warsaw, email: [email protected] tel.: +48 22 2441313 (call charges as per operators’ tariffs).  

II.           Definitions

  1. Terms of Service – these Terms of Service setting forth the terms and conditions for the use of the Citi Handlowy Bikes Subsystem, in particular the conditions, rights and obligations, and responsibility of the persons who avail themselves of the bicycle rental service through the Citi Handlowy Bikes Subsystem, including the conditions, rights and obligations, and responsibility of the persons using the Citi Handlowy Bikes Subsystem. Acceptance of the Terms and Conditions and fulfilment of all conditions set forth herein is the basis and prerequisite for permission to use the Citi Handlowy Bikes Subsystem and the Citi Handlowy Bikes Mobile Application.
  2. Agreement – Agreement between the Authorized Participant and the Operator which defines their mutual rights and obligations set forth in the Terms of Service. It is acknowledged that the Agreement covering these Terms of Service is automatically entered into at the time of registration of the Authorized Participant in the Citi Handlowy Bikes Subsystem and subject to the Authorized Participant’s declaration of acceptance of the Terms of Service and payment of the initial fee during the registration process in the Citi Handlowy Bikes Subsystem.
  3. Cities in which the Citi Handlowy Bikes Subsystem operates: Warsaw. e list of cities may change.
  4. Promotion Organizer (Organizer) – BANK HANDLOWY W WARSZAWIE S.A. with its registered office in Warsaw at ul. Senatorska 16, 00-923 Warsaw, entered in the register of entrepreneurs of the National Court Register kept by of the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Department of the National Court Register, under KRS number: 0000001538, tax identification number NIP: 5260300291, business statistical number REGON: 000013037.
  1. Operator – Nextbike Polska S.A. performing services involving the management of Public Bikes Subsystems, with its registered office at ul. Przasnyska 6b, 01-756 Warsaw, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Department of the National Court Register, under KRS number: 0000646950, business statistical number REGON: 021336152, tax identification number NIP: 8951981007.
  2. Public Bikes Subsystem, Citi Handlowy Bikes Subsystem – a system of bike rental stations launched by the Operator, which includes, in particular, bikes, technical infrastructure, software and devices supporting the rental of bikes.
  3. Integrated Public Bikes Subsystem – a Public Bikes Subsystem that has been integrated with the Citi Handlowy Bikes Subsystem under a separate agreement between the Operator and the authorized entity. The terms and conditions for the use of the Citi Handlowy Bikes Subsystem also include the terms and conditions for the use of the Integrated Public Bikes Subsystems so that the provisions of these Terms of Service setting forth the terms and conditions for the use of the Citi Handlowy Bikes Subsystem shall apply, pari passu, to the Integrated Public Bikes Subsystems.
  4. Authorized Participant – a user of the Citi Handlowy Bikes Subsystem who has accepted the Terms of Service and registered in the Citi Handlowy Bikes Subsystem. Personal data of Authorized Participants shall be processed and made available in accordance with consents given by them upon registration in the Citi Handlowy Bikes Subsystem.
  5. Support Service – activities performed by the Operator, related to the operation, repair and maintenance of the Public Bikes Subsystem,
  6. Station – a set of bike stands, pumps and devices for self-registration in the Public Bikes Subsystem and for the rental of bikes through the Terminal. A list of Stations available to Users of the Citi Handlowy Bikes Subsystem can be found on the website citihandlowybikes.pl
  7. Children’s Station – a set of bike stands together with devices for self-registration in the Public Bikes Subsystem and for the rental of children’s’ bikes through the Terminal. A list of Children’s Stations available to users of the Citi Handlowy Bikes Subsystem can be found on the website citihandlowybikes.pl
  8. Electric Station – a set of bike stands together with devices for self-registration in the Public Bikes Subsystem and for the rental of electric bikes through the Terminal. A list of Electric Stations available to Users of the Citi Handlowy Bikes Subsystem can be found on the website citihandlowybikes.pl
  9. Terminal – a device for self-rental of bikes located at Stations.
  10. Authorized Participant Identifier – a personal number assigned to an Authorized Participant by the Operator and saved in numerical format, in the form of a mobile phone number which the Authorized Participant defined at the time of registration in the Citi Handlowy Bikes Subsystem and a 6-digit PIN which was entered at the time of registration in the Citi Handlowy Bikes Subsystem. In order to facilitate the bike rental and return process in the Citi Handlowy Bikes Subsystem, the Authorized Participant may use the following after prior activation thereof in a Terminal: Warsaw Urban Card, ELS Electronic Student ID Card or a proximity payment card. During the bike rental and return process, they shall be treated on a par with the Authorized Participant Identifier. During the bike rental and return process, the Authorized Participant may use any of the following identification methods:
    1. mobile phone number which, together with the PON number, is treated as the Authorized Participant Identifier,
    2. Warsaw Urban Card (WKM) – a personalized electronic proximity card (RFID) which has its unique, encoded number together with the PIN,
    3. Electronic Student ID Card (ELS) – a personalized electronic proximity card (chip + RFID) which has its unique, encoded number together with the PIN,
    4. payment cards – consumer credit cards, charge, debit and prepaid cards issued by the payment organizations Visa International and Mastercard International or other card meeting the requirements for its recognition as an electronic payment instrument within the meaning of the applicable acts, together with the PIN. Terminals are designed to support the PayPass and PayWave products,
    5. other carriers compatible with WKM, adjusted to encoding Warsaw municipal transport tickets, together with the PIN.
Having logged into his/her account on the website www.citihandlowybikes.pl,  the Authorized Participant may disable the PIN code by unchecking the option: Upon each rental and return, for the sake of my security, please ask me about my PIN. This option allows a bike to be rented/returned at the Terminal without having to state the PIN code with the use of following identification methods: b, c, d and e.
  1. Nextbike Customer Service Centre (CSC) – a platform launched by the Operator as a point of contact for Authorized Participants with the Operator via the helpline on 22 244 13 13 or 22 382 13 12, email contact at [email protected] and 24h service. Details of the CSC service are available at www.nextbike.pl.
  2. Prepaid Account – a personal account of the Authorized Participant in the billing system of the Citi Handlowy Bikes Subsystem, in which credit and debit operations are performed related to the use of the products and services offered through the Citi Handlowy Bikes Subsystem in accordance with the Tables of Fees and Penalties. A Prepaid Account can be recharged by the Authorized Participant “up front” in the form of prepayment.
  3. Tables of Fees and Penalties – a pricelist of services and fees forming an integral part of the Agreement. The pricelist is available on the website citihandlowybikes.pl
  4. Initial fee – the amount of the Citi Handlowy Bikes Subsystem registration fee of ten zlotys (PLN 10) gross, payable by the Customer at the time of registration in the Citi Handlowy Bikes Subsystem, which constitutes the initial recharge amount.
  5. Recharge amount – payment on account of rentals made to the Prepaid Account.
  6. Security procedure – any action taken by the Operator in the event of failure to return the bike in due time and in the required condition, in particular, preliminary, debt-collection and judicial proceedings.
  7. Use Zone – the administrative boundaries of the Capital City of Warsaw and the Municipality of Konstancin-Jeziorna. The Use Zone may change in the event of change in the list of cities in which the Citi Handlowy Bikes Subsystem operates.
  8. Bike rental – rental of a bike from a Station with the use of an Authorized Participant Identifier other otherwise as described in Section II.15. The rental process is specified in detail in Section VII of the Terms of Service.
  9. Bike return – returning a bike to a Station. The return process is specified in Section X of the Terms of Service.
  10. Electric lock – a mechanism that releases and locks a bike in a docking station. Rental of a bike which is locked by the electric lock is possible only directly at the Terminal.
  11. Bonus – a promotional fee paid by the Promotion Organizer in favour of an Authorized Participant.
  12. Citi Handlowy Bikes Mobile Application – a Mobile Application supporting the use of the Citi Handlowy Bikes Subsystem.

III. General rules for the use of the Citi Handlowy Bikes Subsystem

  1. The use of the Citi Handlowy Bikes Subsystem is conditional on: the Authorized Participant stating the personal data required on registration, acceptance of the Terms of Service and payment of the initial fee. Moreover, the use of the Citi Handlowy Bikes Subsystem is conditional on the maintenance of a minimum balance of the Recharge Amount in the Authorized Participant’s account at the time of each rental of at least ten zlotys (PLN 10).
  2. The Operator shall rent the bike to the Authorized Participant on the terms and conditions set forth in the Terms of Service. The Authorized Participant agrees to comply with the terms and conditions of the Terms of Service, in particular is required to recharge his/her Prepaid Account at least to a balance of PLN 0 within 7 days of the balance having dropped below PLN 0, and to use the bike in compliance with the Terms of Service.
  3. Under the Citi Handlowy Bikes Subsystem, the Organizer is planning to carry out promotional campaigns that will be specified in each case in specific promotion rules.
  4. Authorized Participants of the Citi Handlowy Bikes Subsystem shall not be entitled to a refund of any bonuses under promotional campaigns.
  5. Persons under the age of 13 who have not attained the age of 18 (hereinafter referred to as minors) are required, prior to entering into the Agreement, to submit to the Operator a written consent of at least one of the person’s parents or legal guardians to the conclusion of the Agreement, as well as a statement to the effect that they assume liability for any damage that may arise, in particular, in connection with the non-performance or improper performance of the Agreement, and that they will cover any amounts payable in accordance with the Tables of Fees and Penalties. In their statement, the parents of legal guardians must undertake to recharge the minor’s account in the Citi Handlowy Bikes Subsystem so that the account is active at the time of rental. In order to maintain the written form of an act in law, the Guardian must affix a handwritten signature to the consent. A scan of the letter must be sent by electronic mail to the e-mail address: [email protected] and by post to the Operator’s address or submitted in person at the Operator’s office.
  6. The Authorized Participant may rent up to four bikes at the same time.
  7. The use of a rented bike is allowed within the Use Zone.
  8. The Authorized Participant may use the Integrated Public Bikes Subsystem without having additionally registered in the Integrated Public Bikes Subsystem.
 
  1. Responsibility / Commitment
    1. The Authorized Participant shall be responsible for the use of the bike for its intended purpose and in compliance with the Terms of Service.
    2. The Authorized Participant agrees to return the bike in good working order and in the same condition as at the time of rental. The Authorized Participant shall be responsible for consequences of any events resulting from his/her violation of applicable laws when using the Citi Handlowy Bikes Subsystem.
    3. Bikes of the Citi Handlowy Bikes Subsystem may be used solely for non-commercial purposes.
    4. The Authorized Participant shall be responsible for the bike / all bikes rented where several bikes are rented at the same time, from the moment of rental at a Station until their return to a Station. In particular, the Authorized Participant shall be required to take measures to prevent damage and theft of the rented bike, which may occur between the moment of bike rental from any Station and the return of the bike at any Station.
    5. In case of a bike theft during its rental period, the Authorized Participant shall be required to notify the CSC thereof within 12 hours of becoming aware of theft at the latest.
    6. The use of bikes of the Citi Handlowy Bikes Subsystem is forbidden for persons under the influence of alcohol or other drugs, psychotropic substances or substitute agents within the meaning of regulations on preventing drug addition, strong anti-allergic medicines, and other medicines which, by definition, are forbidden or recommended not to be taken by drivers/riders of any vehicles.
    7. The Authorized Participant assumes full and complete responsibility and undertakes to pay all fines, fees, etc. as may be imposed on the Authorized Participant due to his/her own fault, in connection with the use of the bike.
    8. In the case of any proven damage arising from the improper use of the equipment forming part of the Citi Handlowy Bikes Subsystem, the Authorized Participant agrees to pay for any repairs and restoration of equipment to its original condition prior to rental or damage. For necessary repairs, the Operator shall issue a relevant bill or VAT invoice to the Authorized Participant.
    9. If a bike is returned incorrectly due to the Authorized Participant’s fault, the Authorized Participant shall bear the cost of its continued renting and shall be responsible for any theft and damage thereof. In the event of any difficulty with returning a bike, the Authorized Participant shall be required to contact the CSC.
    10. Any intentional damage to the Operator’s property shall result in the party at fault having to incur the cost of repair or replacement, and may consequently result in legal action. The Operator shall have the right to seek compensation for all reasonable costs, including legal expenses, from the party at fault who has caused damage or destruction.
    11. The Authorized Participant shall be responsible for any damage resulting from non-performance or improper performance of the Agreement up to the full amount, with the proviso that damage may include the bike replacement cost as defined in the Tables of Fees and Penalties.
    12. Authorized Participants are not allowed to transport the bikes by cars or other privately-owned vehicles, excluding means of public transport.
 

V.           Registration

  1. The necessary condition for the use of the Citi Handlowy Bikes Subsystem is the prior registration of the Authorized Participant in accordance with the Terms of Service, stating the personal data required on registration, acceptance of the Terms of Service and payment of the Initial Fee.
  2. Registration shall be performed on the website at: citihandlowybikes.pl In addition, registration is possible through telephone contact with a CSC employee, a Terminal, or by means of the Citi Handlowy Bikes Mobile Application.
  3. During the registration process with the use of the Application, the following personal data are required to be provided (optional):
    1. Telephone number*
    2. First name*
    3. Surname*
    4. Address of residence (street / house no./ apartment no.)* (optional)
    5. Postcode* (optional)
    6. Place* (optional)
    7. Country* (optional)
    8. Email address*
    9. Personal identification number PESEL*
    10. payment card number if payment is made by a chargeable credit card (optional)
  4. Authorized Users’ accounts containing incorrect personal data with a PLN 0 balance may be removed automatically from the Citi Handlowy Bikes Subsystem.
  5. During registration via: website, Citi Handlowy Bikes Mobile Application and the CSC, the PIN shall be generated automatically. Upon completion of registration, the Authorized Participant shall receive from the Citi Handlowy Bikes Subsystem confirmation of successful registration and his/her individual PIN which, together with the mobile phone number provided, shall form the Authorized Participant Identifier in the Citi Handlowy Bikes Subsystem.
  6. Registration shall be conditional on the provision of true data and acceptance of the terms and conditions of these Terms of Service.
  7. The Administrators of Personal Data connected through the above-mentioned form is Nextbike Polska S.A. with its registered office in Warsaw, 01-756, ul. Przasnyska 6b, KRS 0000646950, NIP: 895-198-10-07, REGON: 021336152, phone: [●], fax: [●], e-mail: [●]. If consent is given, in accordance with Section 10 below, to the disclosure of the specific data to Bank Handlowy w Warszawie S.A. with its registered office in Warsaw , address: ul. Senatorska 16, 00-923 Warsaw, KRS 0000001538, NIP: 5260300291, business statistical number REGON: 000013037, : [●], fax: [●], e-mail: [●], the administrator of the data shall also be the Bank.
  8. Personal data as specified in paragraph 3 above shall be processed by Nextbike Polska S.A. solely for the performance of the Agreement and within the scope and for the purpose arising from consents granted by the Authorized Participant, and may be disclosed to other parties working with Nexbike S.A. only within the limits of the applicable laws and regulations. Personal data shall be processed, stored and protected in accordance with rules defined by applicable laws and regulations.
  9. Personal data including: first name, surname, phone number, email address, personal ID number (PESEL) shall be processed by Bank Handlowy, as administrator of the data mentioned in Section 8 above, for purposes related to the marketing of the Organizer’s services and products. Personal data of the Authorized Participant may be disclosed by the Organizer to other parties only insofar as provided for by the applicable laws and regulations. The Authorized Participant shall have the right to access the content of his/her data and to correct them.
  10. Personal data administrators agree to maintain the confidentiality of personal data and not to disclose such data to third parties unless explicitly authorized by the Authorized Participant or such authorization is provided for by law. This obligation shall survive the expiry of the legal relationship between the Authorized Participant and administrators of personal data.
  11. Personal data administrators shall process the personal data stated in the registration form on the basis of Article 23 (1) (3) of the Personal Data Protection Act, for the purpose of performing the Agreement and throughout its term, and for purposes related to the marketing of own products and services under Article 23 (1) (5) in conjunction with Article 23 (4) (1) of the Personal Data Protection Act, and within the scope and for the purpose of personal data processing for which the person concerned has given his/her consent. The disclosure of personal data shall be voluntary but necessary for the execution of the Agreement; a lack of personal data shall prevent the use of the service and the Citi Handlowy Bikes Subsystem. Information on personal data security is available in Privacy Policy of Nextbike Polska S.A. at: citihandlowybikes.pl
  12. The affected person shall have the right to access the content of the data, correct, rectify, remove or restrict the processing thereof, the right to transfer data and to object the processing of data, which shall result in the immediate removal of such personal data. Moreover, the affected person shall have the right to revoke consent to the processing thereof at any time without affecting the legality of any processing made pursuant to the consent before its revocation.
  13. The Operator reserves the right to contact the Authorized Participant in matters related to the performance of the Agreement.
  14. The Authorized Participant may also give consent to the transfer by SMS or email of information materials on the services provided by the Operator through the Citi Handlowy Bikes Subsystem, as well as anonymous surveys sent by email or made available directly within the Citi Handlowy Bikes Subsystem, used by the Operator to collect from Authorized Participants demographic and profile data other than personal data (such as education, employment, age). The data shall be used to examine the preferences of Authorized Participants and tailor the Operator’s offer to their expectations, and to perform statistical analyses and create a collective image of the Authorized Participants, transferred to the Operator’s marketing partners. Receiving information materials and disclosing of the above data shall always be voluntary, and the Authorized Participant may at any time opt out of receiving information materials or surveys.
  15. The content of individual transactions/rentals shall be made available only to the parties to the Agreement. Any Authorized Participant who has completed the registration procedure, after logging in, shall have access to all his/her transactions/rentals during the period of their storage in the IT system. The Authorized Participant’s data regarding individual transactions/rentals shall be stored in the IT system. If there are no backlogs in payment of fees for the use of bikes, and data concerning individual transactions are no longer necessary for the purpose for which they have been collected, the data shall be removed as soon as the Authorized Participant requests their removal. If a complaint is lodged, the data shall be stored until the end of the complaint procedure and any resulting proceedings, for examination of the Authorized Participant’s claim, and as evidence. If a filing is made during that period (e.g. a claim for compensation or redress of damage), the data shall be processed when necessary to determine the potential liability of the Operator/Authorized Participant and enforce any ruling in the case.
  16. In order to tailor the content and services to the individual needs of the Authorized Participants, the Operator shall use the so-called cookies, i.e. information saved by the Support Service server on the Authorized Participant’s computer, which the server can read each time a connection is established from that computer. Cookies provide statistical data on the Authorized Participants’ traffic and their use of individual website pages of the Citi Handlowy Bikes Subsystem, and enable the efficient provision of the Services. The Authorized Participant may at any time disable the “accept cookies” option in his/her browser, however, this may make it difficult or even impossible to use the Citi Handlowy Bikes Subsystem.
 

VI.       Forms of Payment

  1. Payment for the services and products offered within the Citi Handlowy Bikes Subsystem can made by:
    1. recharging the Prepaid Account by bank transfer or by means of a payment card, in particular through the portal citihandlowybikes.pl , from which the funds will be collected in the amount resulting from the Tables of Fees and Penalties, and then transferred to the Operator’s account.
    2. activating the order to charge a credit card, in which case the fee of at least PLN 10 shall be charged in the cases referred to in Section VII (1) (b). This can be done by entering the credit or debit card number at a Terminal during contact with the CSC, and with the use of the Citi Handlowy Bikes Mobile Application.
  2. All payments shall be transferred to the Operator’s account.
  3. At the request of the Authorized Participant, the Operator shall deliver to the Authorized Participant a VAT invoice issued by the Operator, covering a paid ride. To this end, the Authorized Participant shall contact the Operator through electronic channels at the Operator’s email address, stating the data necessary for the VAT invoice to be issued, the data and time of bike rental, and the bike number.
    1. The Operator shall send the VAT invoice in electronic format to the email address from which the Authorized Participant has contacted the Operator. In particularly justified cases, the Operator may send a VAT invoice to another email address indicated by the Authorized Participant.
 

VII.          Rental

 
  1. Bike rental shall be possible when the Authorized Participant has an active account status. An active account status is defined as:
 
  • having the minimum amount of PLN 10 gross in the Prepaid Account, recharged by transfer or by a single payment with the use of a payment card,
  • defining, as the form of payment, a chargeable credit card, at a terminal or by contacting the CSC, from which funds are collected automatically up to the amount of PLN10, whenever the account balance drops below PLN 10.
 
  1. Car rental shall be possible at any Station of the Citi Handlowy Bikes Subsystem and the Integrated Public Bikes Subsystem, after the activation of the Terminal, logging in and following the instructions displayed on the Terminal. Release of the electric lock shall be indicated by a relevant message displayed on the Terminal and an audible signal. When renting the bike, the Authorized Participant shall receive a number of the combination lock to open the cable lock on the bike being rented. Until the bike is returned, this number can be confirmed in a Terminal, the Citi Handlowy Bikes Mobile Application and at the CSC. The Authorized Participant agrees to make sure, prior to rental, that the bike has a cable lock, also called a security cable. If it is missing, the Authorized Participant must contact the CSC and report its absence. Rental can also be made by means of the Citi Handlowy Bikes Mobile Application or by contacting the CSC.
 
  1. An electric bike can be rented only at the Electric Station. Rental starts upon completion of the rental procedure described in Section 2.
 
  1. A children’s bike can be rented only at the Children’s Station. In addition:
 
  • using children’s bikes shall be possible only under the oversight a legal guardian holding an account in the Citi Handlowy Bikes Subsystem. The legal guardian must oversee the child’s ride throughout the rental period until the bike is returned at the docking station,
  • children’s bikes are bikes with 18 inch wheels, which are intended for children over 4 years of age and at least 100 cm tall, and with 20 inch wheels for children over 6 years of age and at least 120 cm tall,
  • before renting a children’s bike, the legal guardian must make sure that the child can rise a bike without using the so-called training wheels,
  • the legal guardian shall assume full responsibility for the child during a children’s bike rental,
  • children’s bikes are not fitted with a cable lock and can be rented only at a Children’s Station,
  • where it is not possible to return a children’s bike to an electric lock, the legal guardian shall be required to contact the Operator via the 24h CSC. The CSC employee shall provide instructions on how and where to secure the bike.
  1. It is the obligation of the Authorized Participant to ensure, prior to the ride, that the bicycle is fit for the agreed use, in particular that the bike tyres are pumped up and brakes are in good working order. Having unlocked the bike, the Authorized Participant must secure the cable so as to prevent it from being entangled in a wheel.
  2. If any bike defect is found during bike rental, the Authorized Participant shall be required to immediately report the problem to the CSC and deliver the bike to the nearest Station.
  3. The rental and use by the Authorized Participant of a faulty bike may result in his/her liability for defects or damages caused thereby if the Authorized Participant could have discovered the bike malfunction.
  4. It is recommended that the Authorized Participant should carry a mobile phone capable of making calls to the CSC during the rental.
  5. The luggage carrier mounted in front of the bike is designed exclusively to transport light items. For safety reasons, and to reduce the risk of damage to the bicycle, no heavy loads are allowed in the luggage carrier. Special care should be exercised when carrying items of more than 5 kg in the luggage carrier. The maximum weight of the luggage carrier load must not exceed 5 kg. Any items put into the luggage carrier must not extend above its edge, not should they have any sharp edges. If an accident occurs due to misuse of the luggage carrier, the Authorized Participant shall be held responsible and shall bear any resulting costs. The Operator shall not be held responsible for any damage to goods or items carried or left in the luggage carrier.
  6. Maximum bike loads:
    • for a bike intended for use by 1 person, must not exceed 120 kg,
    • for a tandem bike intended for use by 2 persons, must not exceed 227 kg,
    • for a children’s bike intended for use by 1 person, must not exceed 60 kg,
    • for an electric bike intended for use by 1 person, must not exceed 120 kg.
  7. The holder fitted to tandem bikes can be used only to carry drinks. It is the obligation of the Authorized Participant to make sure that the drink carried is secured so as to protect it from falling our during the ride. If an accident occurs due to misuse of the holders, the Authorized Participant shall be held responsible and shall bear any resulting costs. The Operator shall not be held responsible for any damage to goods or items carried in the holder.
  8. Any problems with the rental or return of the bike to a Station should be reported by the Authorized Participant by telephone to the CSC. The CSC employee shall advise the Authorized Participant on any further steps to be taken. The rented bike should be used in accordance with its intended purpose. As a means of urban transport, the bike is intended for transport between Stations. It is not allowed to use the bikes for mountain trails, jumps, stunts, racing or towing or pushing anything.
 

VIII.                Duration of Rental

  1. The Authorized Participant is required to return the bike at the end of the twelfth hour of rental at the latest.
  2. Exceeding the period of twelve hours of rental shall incur fees and penalties in accordance with the Tables of Fees and Penalties.

IX. Repairs and Breakdowns

  1. Any breakdowns should be reported by telephone to the CSC within 12 hours of bike rental in the Citi Handlowy Bikes Subsystem. In the event of any breakdown making it impossible to continue a ride, the Authorized Participant must stop and notify the CSC by telephone and walk the bike to the nearest Station.
  2. It is forbidden to make any self-repairs, modifications or replacement of parts on the rented bike. The only party authorized to carry out such is the Support Service.
  3. The Authorized Participant must be able to get in touch with the CSC throughout the bike rental period.
 

X. Return

 
  1. The Authorized Participant may return the rented bike at any Station of the Citi Handlowy Bikes Subsystem or the Integrated Public Bikes Subsystem.
  2. The Authorized Participant shall be required to attach the bike to the stand so that the adapter mounted to the bike fork is inserted into the electric lock being an integral part of the stand and holds the bike until the lock is closed automatically. The automatic lock closure shall be indicated by an audible signal, a greed LED and by the physical locking of the bike in the lock. It is the Authorized Participant’s obligation to correctly secure and return the bike in the Citi Handlowy Bikes Subsystem. In the event of any difficulty with returning the bike, the Authorized Participant shall be required to contact the CSC.
  3. A children’s bike can be returned only at a Children’s Station.
  4. An electric bike can be returned only at an Electric Station. An electric bike may be returned only at an Electric Station which is not overfilled. Where a Station is full, the Authorized Participant shall be required to return the bike at the nearest Electric Station which is not overfilled. In case of a Station failure, the Authorized Participant shall be required to contact the CSC.
  5. Only where it is impossible to attach the bike to the electric lock, e.g. there is no free stand at the Station, or the Station is not operational, shall the Authorized Participant be required to return the bike using the combination cable lock, attaching the bike to a stand or to another bike at the Station. Having blocked the lock, the Authorized Participant must press the “Return” button on the electronic panel of the Terminal, and follow the instructions on the display. Once the lock is locked, the Authorized Participant may can also return the bike using the Citi Handlowy Bikes Mobile Application or by contacting the CSC.
  6. In case of an incorrect return of the bike, referred to in Sections X.1. to X.3., the Authorized Participant shall bear any costs of its further rental and may be held liable for any resulting theft or damage.
  7. If an accident or collision occurs during bike rental, the Authorized Participant agrees to complete a statement or call the Police to the scene of the incident. Moreover, in such an incident occurs, the Authorized Participant shall be required to report it to the CSC within 24 hours of the incident at the latest.
 

XI.               Fees

  1. Fees shall be charged at the rates given in the Tables of Fees and Charges attached to these Terms of Service and available nextbike.pl. The basis for calculating the fee amount shall be the number of minutes of rental counted from the collection of the bike from the Citi Handlowy Bikes Subsystem Terminal or from the reception of the code opening the cable lock until the moment the bike is locked in the electric lock or until confirmation of bike return is received from the Citi Handlowy Bikes Subsystem, subject to the rules concerning fees as specified in the Terms of Service.
  2. Fees for the use of the rental service shall be are varied and depend on the length of use of the bike. The fee for one-time rental of a bike shall be the sum of amounts due for successive time intervals.
  3. The charging time is divided into one-hour periods except for the first hour of rental, within which the first twenty minutes is a separate period.
  4. If the ride fees charged exceed the funds available, the Authorized Participant shall be required to recharge his/her Prepaid Account at least to a balance of PLN 0 within 7 days of such situation arising. In the event of default on payment, the Operator reserves the right to take appropriate legal steps against the Authorized Participant in order to recover any amounts due under the performed Agreement. The Operator shall have the right to charge statutory interest on outstanding amounts from the due date to the date of actual payment of the full amount.
  5. Payments made on account of rentals may be returned after the termination of the Agreement. During the term of the Agreement with the Operator of the Citi Handlowy Bikes Subsystem rental fees (recharge amounts) shall be non-refundable.
  6. Any unused funds shall be carried over to the next season and shall not be cancelled,
  7. Recharges made by the Authorized Participant shall be fund available in full for use as payment for the services offered by the Operator.

XII. Operation of the Authorized Participant’s Account after Termination of the Citi Handlowy Bikes Subsystem

  1. After the operation of the Authorized Participant’s Citi Handlowy Bikes Subsystem is terminated, the Authorized Participant’s account shall be deactivated.
  2. Any amount in excess of zero zlotys (PLN 0) that the Authorized Participant has paid into the Prepaid Account towards future rentals shall be returned to the bank account designated by the Authorized Participant. After the operation of the Citi Handlowy Bikes Subsystem is terminated, the Authorized Participant should send to the address stated in Section I (4) of these Terms of Service the relevant information, i.e. phone number, first name, surname, address and bank account number.
 
  • Liability
  1. The Operator shall perform the Citi Handlowy Bikes Subsystem management services and be fully liable for its proper operation.
  2. The Operator shall be liable for any damage resulting from the non-performance or improper performance of the Agreement, unless such non-performance or improper performance results from circumstances beyond the Operator’s control.
  3. Any claims and related complaints should be submitted by Authorized Participants to the Operator.
 

XIV.        Complaints

  1. The Authorized Participant may file a complaint concerning the services provided under the Terms of Service.
  2. The recommended time limit for the submission of complaints is 7 days from the event that has given rise to the complaint.
  3. All complaints concerning the services provided under the Terms of Service may be submitted:
with regard to the operation of the Citi Handlowy Bikes Subsystem, in electronic format to the electronic address [email protected] or in writing by post to the address: Nextbike Polska SA, ul. Przasnyska 6B, 01-756 Warsaw, or in person at the Operator’s offices.
  1. If any data or information given in the complaint needs supplementing, the Operator shall, prior to the examination of the complaint, request the party submitting the complaint to provide supplementary details as instructed.
  2. Any complaints that do not contain data such as first name, surname, address, phone number, which allow the Authorized Participant to be identified, shall not be considered by the Operator.
  3. The filing of a complaint shall not relieve the Authorized Participant from the obligation to discharge his/her liabilities to the Operator in a timely manner.
  4. The Operator shall examine the complaint within 14 days if its receipt or submission of supplementary filings or, in particularly complicated cases, within 30 days. Where it is necessary to supplement a complaint, the time limit for the resolution of the complaint shall run from the date of delivery to the Operator of supplementary or additional explanations/information. Where it is impossible to meet the complaint resolution time limit, the Operator shall inform the Authorized Participant of the delay, stating the cause of delay (circumstances that have to be established) and the expected complaint resolution timeframe.
  5. The reply to the complaint shall be sent to the Authorized Participant by electronic mail or by post to the correspondence address as specified in the complaint. The Operator may send a reply to another email address in the event the party filing the complaint indicates such an arrangement and an email address.
  6. Consideration of a complaint shall involve the identification of the problem, evaluation of its rationale, and resolution of the problem reported by the Authorized Participant or taking relevant measures to eliminate any irregularities, their causes, as well as the provision of an exhaustive an professional reply in terms of form and content.
  7. the CSC shall provide a reply that contains the Operator’s position on the complaint, reasons and information on the appeal procedure.
  8. The Authorized Participant shall have the right to appeal against a decision given by the Operator. Appeals should be filed in writing, irresopecti8ve of the method of delivery of the decision to the Authorized Participant – letter, email – no later than 14 days after the delivery to the Authorized Participant of the decision against which he/she wants to appeal. The appeal shall be considered within 14 days of its receipt by the Operator.
  9. The Authorized Participant may:
  10. file an appeal against the Operator’s decision directly to the Operator within 14 days from the date of receipt of the reply to the complaint;
  11. file a suit with a common court of competent jurisdiction.

XV. Withdrawal from the Agreement

  1. The Authorized Participant may withdraw from the Agreement with the Operator pursuant to the applicable laws and regulations, without giving the reason, within 14 days of its conclusion. The time limit shall be deemed to have been met if, prior to its expiry, the Authorized Participant gives a notice of withdrawal from the Agreement.
  2. The Authorized Participant may withdraw from the Agreement by:
    1. sending a notice of withdrawal from the Agreement to the Operator to the email address [email protected],
    2. sending a notice of withdrawal from the Agreement to the Operator to the postal address stated in Section I.4. To this end, the Authorized Participant may use the form of withdrawal from the Agreement provided in Annex 2 to the Act on Consumer Rights (Journal of Laws of 2014, item 827, as amended, Journal of Laws of 2017, item 683); however, this is not mandatory.
  3. In the event of withdrawal from the Agreement, the Agreement shall be deemed null and void. In the event of withdrawal from the Agreement, either party shall have the obligation to return to the other party everything they have received under the Agreement. Any benefits shall be returned not later than 14 days from the Operator’s receipt of the notice of withdrawal from the Agreement. The payment refund shall be made with the use of the same modes of payment as those used by the Authorized Participant in the original transaction unless the Authorized Participant has accepted a different arrangement in the notice of withdrawal. Such different arrangement should be indicated by the Authorized Participant in the declaration given.
  4. At the request of the Authorized Participant, the performance of the service may start before the end of the period allowed for withdrawal from the Agreement. Such request may be made by the Authorized Participant at the time of registration in the Citi Handlowy Bikes Subsystem by checking the relevant box. If the right of withdrawal from the Agreement is exercised after the Authorized Participant has submitted the request in question, the Authorized Participant shall be required to pay for any benefit provided until the withdrawal from the Agreement. Other benefits shall be returned no later than 14 days from the date of the Operator’s receipt of the notice if withdrawal from the Agreement, with the use of the same modes of payment as those used by the Authorized Participant in the original transaction unless the Authorized Participant has designated a different arrangement in the notice of withdrawal from the Agreement.
 

XVI. Termination of the Agreement

  1. The Authorized Participant shall have the right to terminate the Agreement. The notice of termination should be sent in writing to the electronic address [email protected] or to the postal address of the Operator.
  2. Termination of the Agreement shall take effect within 14 days from the date of delivery of the notice to the Operator. In consequence of termination of the Agreement, the Operator shall close the Authorized Participant’s account in the Citi Handlowy Bikes Subsystem.
  3. Prior to giving the notice of termination, the Authorized Participant shall be required to top up funds in the Prepaid Account to the balance of PLN 0. Termination of the Agreement in the situation where the balance of the Authorized Participant’s Prepaid Account is negative shall be without prejudice to the Operator’s right to seek the amount equal to the Authorized Participant’s outstanding payment for the services provided by the Operator.
  4. If the Prepaid Account balance exceeds PLN 0 at the time of the termination of the Agreement, the amount shall be returned to the bank account designated by the Authorized Participant, unless the Authorized Participant has accepted a different arrangement in the notice of termination. Such different arrangement should be indicated by the Authorized Participant in the declaration given. The refund shall take place within 30 days from the date of termination of the Agreement. In case the refund involves the need for the Operator to incur any additional costs in the form of transfer fees, such costs shall be deducted from the funds due to be returned to the Authorized Participant.
  XVII. Citi Handlowy Bikes Mobile Application
  1. The Citi Handlowy Bikes Mobile Application enables Authorised Participants to use the Citi Handlowy Bikes Subsystem.
  2. The Citi Handlowy Bikes Mobile Application shall be available for download without any fees (free-of-charge) from the Google Play tore and Apple AppStore.
  3. The use of the Mobile Application shall be possible on phones with an up-to-date Google Android and Apple IOS system and Internet access.
  4. The use of the Mobile Application shall be possible following registration in the Citi Handlowy Bikes Subsystem. The provisions of these Terms of Service regarding the terms of use of the Citi Handlowy Bikes Subsystem shall apply, as appropriate, to the Citi Handlowy Bikes Mobile Application.
   

XVIII.            Final Provisions

 
  1. The acceptance of these Terms of Service and rental of the bike shall operate as: giving a declaration of good health allowing safe riding of a bike; the ability to ride a bike; possession of any licenses required by the law, and the knowledge of traffic regulations.
  2. The Operator reserves the right to terminate the Agreement by 14 days’ notice, should the Authorized Participant violate the provisions of these Terms of Service (e.g. failure to return the bike within the requited time limit). The Authorized Participant may raise claims against the Operator for the return of funds held in the Prepaid Account, unless previously used up by the Operator to cover any amounts due and payable by the Authorized Participant.
  3. The Operator shall have the right to amend the Terms of Service or the Privacy Policy with effect for the future. Information about amendments to these Terms of Service or the Privacy Policy shall be sent to the Authorized Participant’s email address stated at the time of registration. The absence of written information on acceptance of amendments to the Terms of Service or the Privacy Policy sent to the Operator within 14 days of its dispatch to the Authorized Participant shall operate as the Authorized Participant’s acceptance of such amendments to the Terms of Service or the Privacy Policy. Written information on the Authorized Participant’s non-acceptance of an amendment of the Terms of Service or the Privacy Policy shall operate as termination of the Agreement by the Authorized Participant.
  4. Any matters not provided for in these Terms of Service shall be governed by applicable laws and regulations, in particular the Civil Code and the Road Traffic Law.
 
  1. In case of any discrepancies between the Polish and any foreign-language version of the Terms of Service, the Polish-language version shall prevail.
    TABLES OF FEES AND PENALTIES FOR CITI HANDLOWY BIKES
Type of fees Gross value
Initial fee PLN 10
Bike rental fee Duration of rental:  
1 to 20 minutes PLN 0
21 to 60 minutes PLN 1
Second hour PLN 3
Third hour PLN 5
Fourth and each subsequent hour PLN 7
Letter notification of breach of the Terms of Service PLN 10
Fee for exceeding 12 hours’ rental limit PLN 200
 
Penalties
Theft, loss or total damage of traditional bike     PLN 2,000
Theft, loss or total damage of tandem bike   PLN 7,000
Theft, loss or total damage of children’s bike   PLN 1,900
Theft, loss or total damage of electric bike PLN 12,000
The amounts stated in the Tables are inclusive of VAT