Any questions? 61 666 80 80, 61 674 03 90
 
Poznański Rower Miejski

 

Terms of Service

of the system for Poznański System Rowerów Miejskich also called PRM [Valid from 06/09/2017]
  1. General Provisions
    1. The hereby Terms of Service shall define the principles and conditions of the use of the system of Poznań Public Bike System, also called PRM (further referred to as PRM), launched in the city of Poznań.
    2. Terms of Service of PRM as well as the Privacy Policy are available free of charge on the internet website www.poznanskirower.pl in such a way so as to enable familiarising with the contents, obtaining, accessing and recording it. This document may be obtained at the Nextbike Polska S.A. with the company seat in Warsaw.
    3. Contact: Nextbike Polska S.A. Przasnyska 6b 01-756 Warszawa e-mail: [email protected] tel.: 22 244 13 13 tel.: 22 382 13 12 (call charges in accordance with Operators’ tariffs).
    4. Current list of cities where Nextbike systems are in place is available under the address: https://nextbike.pl/en/about-nextbike/
    5. Upon expiry of the agreement to use the PRM system , customers can continue to use the services of the Operator as defined in point no. 4.
  2. Definition
    1. Terms of Service-the hereby Terms of Service defines principles and conditions of availing of PRM, and in particular, conditions, scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in PRM system. Acceptance of the provisions of the Terms of Service and fulfilment of all conditions defined within it shall form the basis and the condition for the approval of rental of a bike within PRM system.
    2. Agreement- Agreement between Client and Operator which establishes mutual rights and obligations specified in the Terms of Service. It is agreed that the Agreement containing the provisions of the hereby Terms of Service shall be automatically concluded at the time of registration of the Client within PRM subject to initial fee payment paid during the registration process of the Client in PRM.
    3. Operator- Nexbike Polska Sp. S.A.realizing the services related to the handling of PRM within the framework of the consortium of Nextbike Polska S.A. companies, ul. Przasnyska 6b, 01-756 Warszawa, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the city of Warsaw in Warsaw, XIII Economic Department of the National Court Register under the KRS number 0000646950, REGON number 021336152, NIP number 8951981007.
    4. PRM System– system of bike rental stations launched by the Operator, which includes, in particular, bikes, technical infrastructure, software and devices which enable the rental of bikes.
    5. Client-participant of PRM System who has accepted the Terms of Service and is registered within the PRM System.
    6. PRM Service– actions performed by the Operator in relation to the exploitation, repairs and maintenance of PRM.
    7. Contact Centre of PRM (BOK) – a platform launched by the Operator which ensures telephone contact for its Clients via a hotline at the following numbers 61 666 80 80 or 61 674 03 90, contact via electronic post via e-mail to the address [email protected] as well as a 24/7 service. Information regarding the functioning of BOK is available on the internet website www.poznanskirower.pl
    8. PRM station– set of bike stands with the devices for self-registration in the PRM system and for rental of bikes through PRM Terminal. List of PRM Stations may be found on the internet website www.poznanskirower.pl PRM Terminal-device for self-rental of bikes located in PRM Stations.
    9. Client Identifier– Client personal number assigned to him by the Operator and saved in numerical format, in the form of mobile telephone number which the Client has defined during the registration at PRM and a 6 digit PIN number which was indicated during registration in PRM. In order to facilitate the process of rental and the return of bikes within the PRM system, the Client is allowed to use, post activation in PRM Terminal: Poznań Urban Card,   ELS Electronic Student ID or payment proximity card. During the rental and the return of the bike they are treated as equal to the Client Identifier. During the rental and return of the bike the Client has the following methods of identification at disposal:
      1. mobile telephone number which, together with PIN number is treated as equal to the Client Identifier,
      2. ELS Electronic Student ID (ELS), proximity, personalized electronic card (chip+RFID) with its unique, encoded number together with PIN number,
      3. payment cards-consumer credit cards, charge, debit and pre-paid cards issued by payment organizations of Visa International and Mastercard International issuers and other which fulfil the requirements of electronic payment means in the meaning of the act on electronic payment instruments (that is Journal of Laws of 2012, item 1232) with PIN number. Terminals are adjusted for cooperation with PayPass and PayWave types of products.
      Post logging into one’s account on the website www.poznanskirower.pl the Client may turn off the PIN code through unticking the option: Upon each rental and return , in order to ensure my safety, please ask me about my PIN number. This option allows for rental/return of the bike without the necessity of entering the PIN code with the sue of identification methods: b,c at the terminal.
    10. Tables of charges and penalties-pricelist of services and charges of PRM, being an integral part of the Agreement. The pricelist is available on the website poznanskirower.pl.
    11. Deposit – fee in the amount of 1000 PLN is blocked on the payment card of a user as a safeguard to cover the payment resulting from the Table of fees and fines.
    12. Costs of repair and restoring of a bike in PRM System-pricelist of parts and services related to repair or restoring of a bike
    13. Pre-paid account-personal account of a Client within the settlement system of PRM System where debit and credit operations are realized for the use of services and products offered within the PRM System in accordance with the Tables of charges and penalties. Pre-paid account may be topped up by the Client via upfront payment as a pre-payment.
    14. Initial fee-the amount of initial fee within PRM system equates to 10PLN gross (in words: ten zloty) and is made by the Client upon registering in PRM. The payment indicates grating consent by the Client and acceptance of the provisions of the hereby Terms of Service and at the same time it constitutes the first top up payment instalment.
    15. Top-up amount-payment on account of rentals made to the pre-paid account.
    16. Security procedure– each action undertaken by the Operator in the event of lack of return of the bike at the agreed time and in the acceptable state, in particular, preliminary, debt-collection and court proceedings.
    17. User zone– borders of the agglomeration of Poznań.
    18. Bike rental– rental of a bike from PRM Station by means of Client Identifier or via a method specified in clause II.10. Rental process is specified in clause VII. of the Terms of Service.
    19. Bike return-return of the bike to PRM Station. The process of bike return is specified in clause X of the Terms of Service.
    20. Electrolock- mechanism which releases and blocks the bikes in the docking station. Rental of a bike which is blocked by electrolock is possible solely directly from the terminal.
    21. Promotional/award voucher– Operator stipulates the possibility of topping up the account set up within PRM system. The topped up amount and its purpose is established by the Operator and it is non-repayable, that is there is no possibility of taking out the means. The means from the top up are used in the first place, prior to the means paid in by the Client. In case of promotional vouchers, details regarding the amount, the validity term and the reasons for granting them are defined within the Terms and Conditions of Promotions, available on the system website.
    22. Account blockade– preventive measure of which the Operator may avail. In the event of a breach of the provisions of the hereby Terms of Service, in particular, one resulting in damage suffered by the Operator, the Operator reserves the right to block Client’s account until such time when the issue is rectified.
  3. General rules of use of PRM
    1. The condition for the use of PRM System is submission by the Client of the required personal data upon registration, the acceptance of conditions defined in the hereby Terms of Service, payment of initial fee. The condition for the use of PRM is, furthermore, maintenance of a minimum top up level on the Client’s account during the time of each rental, at the amount of no less than 10 PLN (in words: ten zloty).
    2. The Operator rents a bike to a Client in line with the provisions specified in the Terms of Service. The Client is obliged to abide by the provisions of the Terms of Service, in particular, concerning the agreed payments and the use of the bike in accordance with the Terms of Service.
    3. Persons above 13 years of age who have not attained the age of 18 (further referred to as minors) must, prior to conclusion of Agreement, submit to the Operator a written consent of one of the parents or legal guardians for the conclusion of the Agreement, as well as a statement on assuming responsibility by the parents or legal guardians on account of any potential damages, caused in particular as a result of non-performance or improper performance of the Agreement and on account of any ongoing liabilities defined in Tables of charges and penalties as well as Cost related to repair and restoring of a bike in PRM System. Within the statement the parents or legal guardians must undertake to top up the account of the minor within PRM System. The consent must be sent via electronic post to the email address [email protected] via post to the address of the Operator or in person in the headquarters of BOK PRM.
    4. The obligatory condition to be met in order to avail of the bike rental by minors is being in possession of a valid bicycle or motorcycle driving license.
    5. The Client may rent up to four bikes at the same time. It is possible, subject to prior booking, to increase the number of bikes rented at the same time.
    6. The use of the rented bike is allowed within the User zone.
  4. Responsibility/ Obligation
    1. The Client is responsible for the use of a bike in accordance with its purpose and with the provisions of the Terms of Service.
    2. The Client undertakes to return the bike in good technical condition and in the same state as it was in at the time of renting. This shall not concern regular use breakdowns such as tube puncture, falling of chain. The Client shall bear full responsibility for any results of events which occur pursuant to the breach by him of the law in place when using the PRM System.
    3. The use of bikes via PRM System may take place solely for non-commercial reasons.
    4. The Client is responsible for the bike/all the bikes he rents at a given time from the moment of rental from a PRM Station to the moment of their return to the PRM Station. In particular, the Client is obliged to undertake actions in order to prevent any damages or theft of the rented bike which may occur from the moment of renting the bike at any PRM Station to the moment of its return to any PRM Station.
    5. In case of a theft of a bike which occurs during the rental the Client is obliged to inform BOK PRM of this fact and immediately report the theft (robbery) to the closest Police station.
    6. The use of PRM System bikes by persons under the influence of alcohol or other narcotic substances, psychotropic substances or equivalents in the meaning of provisions on counteracting drug addictions; strong anti-allergic drugs, other medicine which by definition are forbidden or recommend not to be applied for drivers of any vehicles, is forbidden.
    7. The Client bears full and total responsibility and undertakes to cover any tickets, fines, fees etc. obtained by the Client, related to the use of the bike and imposed on them out of their own fault. The Client bears responsibility for fines, tickets, fees etc. which have been imposed on them and which result from Operator’s fault.
    8. In case of proven damages resulting from improper use of the equipment which is part of PRM System, the Client agrees to cover the costs of repair and restoring of the equipment in order for it to be restored to the state prior to rental. The Operator shall submit an adequate receipt or VAT invoice to the Client for completion of the necessary repair works. The evaluation of the value of individual parts of the bike, which have been damaged of Client’s fault, shall be made on the basis of Annex no 2 to the hereby Terms of Service, further referred to as ” Costs of repair and restoring of bike in PRM System”.
    9. In case of improper return of the bike out of the Client’s fault, the Client bears costs of its further rental and is responsible for any potential theft or damage. In the event of any difficulties with the return of the bike the Client is obliged to contact BOK PRM.
    10. Any purposeful damages to the property of Operator will result in commencement of court proceedings. The Operator reserves the right to recover any justified costs, including costs of legal representation, from the person who caused damages or destructions.
    11. The Client is responsible for any potential damages which may arise as a result of non-performance or improper performance of the Agreement to the full amount, whilst, one of the elements of the damage may be the so called cost of bike restoration, specified in Tables of charges and penalties as well as table of Costs of repair and restoring of bike in PRM System.
    12. The users are forbidden to transport the bikes in the system via vehicles and other means of transport, owned by private persons, excluding Means of Public Transport.
  5. Registration
    1. Prior registration of a Client and payment of Initial fee are the necessary condition for the use of PRM System.
    2. The registration takes place at the internet portal available at the address: [email protected] In addition it is allowed for the registration to be conducted at BOK, via telephone contact with an employee of BOK and by means of a payment card with the option of charging in PRM Terminal, as well as through the use of Nextbike application which is available on the devices equipped in iOS and Android systems.
    3. During the registration process through the website www.poznanskirower.pl, via the Nextbike application or via telephone contact with the BOK employee the indication of the following personal details is necessary
      1. name and surname,
      2. contact address, that is city, street including flat/house number, postal code, country, email address,
      3. PESEL number,
      4. mobile phone number,
      5. payment card number in case of payment card payment with the possibility of debiting.
    4. During the registration process in PRM Terminal the Client indicates the following personal details, which he is obliged to supplement by the additional data, specified in clause 3, items b and c, no later than within 24 hours post registration:
      1. mobile phone number
      2. name and surname,,
      3. payment card number with possibility of debiting
    5. During the registration process at PRM Terminal the Client enters the PIN code of his own. Whilst, during the registration via: internet website, Android application and BOK-PIN code is generated automatically. Post registration the Client receives a confirmation from PRM System regarding a successful registration as well as his individual PIN code which, together with an indicated mobile phone number, constitutes Client Identifier in PRM System.
    6. The condition for registering is entering the real data, the acceptance of conditions defined in the hereby Terms of Service and consent for processing of personal data in accordance with the act of 29 August 1997 on personal data protection for the purpose of performance of the Agreement (that is Journal of Laws of 2014, No. 1182). The Client has the right to access the content of his personal data and the possibility to amend, supplement or change them. The data administrator is Nextbike Polska Sp. S.A.with its registered seat in Warsaw 01-756, ul. Przasnyska 6b. Submission of personal data is voluntary, but necessary; lack of personal data submission prevents the use of PRM System services. The information on the safety of personal data is available within the Privacy Policy document of Nextbike Polska, available at: www.poznanskirower.pl.
    7. Personal data are processed solely for the purpose of proper functioning of PRM and may be accessible to other entities cooperating with Nextbike exclusively within the framework of the provisions of law in force, in relation to the realization of the agreement.
    8. The Client further grants consent for receiving via text messages and electronic post information materials concerning services provided by the Operator within the framework of PRM, as well as anonymous questionnaires sent by means of electronic post or available directly within the PRM System, targeted at obtaining by Operator demographic and profile Client personal data (such as education level, employment, age). Such data will be used in order to test the preferences of Clients and the adjustment level of Operator’s offer to the expectations of Clients, as well as for the statistical analyses and for creation of general image among the Clients which is passed on to Operator’s marketing partners. Receiving information materials and disclosure of the above noted data is at all times voluntary and the Client may at any time withdraw from obtaining these materials or questionnaires.
    9. The content of individual transactions/rentals is available solely for the parties of the Agreement. Each Client who has performed registration, having logged in, has access to all his transactions/rentals for the period of their storage within the IT system. Client data concerning individual transactions/ rentals are stored by the PRM IT system. If there are no overdue payments for the use of bikes, data are deleted immediately post receipt of a request on deletion from the Client. In the event when a complaint has been filed, data are stored until such time as the complaint process has ceased, for the period of 6 months and for the period of a potential proceeding resulting from a complaint, during investigation of Client’s claim, for evidential purposes, however, not shorter than 6 months and not exceeding 2 years from the day of issuing the response to th given complaint. In case of a notification within this term (ie. compensation or indemnification for damages)- data are processed during establishing the potential liability of the Operator/ Client and realization of the issued judgement in this regard.
    10. Personal data are processed, stored and secured in accordance with the principles specified in the binding legal provisions.
    11. Administrator of personal data-Operator undertakes to maintain confidentiality od personal data and not to disclose them to any third parties, unless, pursuant to a clear authorization from the Client or in the event when such authorization will result from a specific provision of law. This obligation shall remain in force post expiry of the legal relationship which is between the Lessee and the Operator.
    12. In order to adjust the content and the services to the individual needs and interest of Clients, the Operator uses the so called cookies, that is information saved by the server of the Service on Client’s computer, which the server may read during each connection from the given computer. Cookies files provide statistical data regarding Client traffic and their use of the particular PRM pages, as well as enable a swift provision of Services. The Client may at any time switch off the option of accepting cookies in his browser settings, however, this may trigger problems and in some cases disable the use of PRM System.
  6. Payment methods
    1. Payment for services and products offered within the PRM system may be conducted through:
      1. debiting the account of payment card of the Client, or
      2. crediting the pre-paid Account via bank transfer or through payment via payment card, in particular, via www.poznanskirower.pl. portal from which the means will be charged in the amounts as indicated in Tables of charges and penalties, and subsequently transferred to the account of the Operator. Payment method may be altered freely through selecting the appropriate option in the PRM System, available via poznanskirower.pl.
      3. blocking of funds on the payment card of client in the form of deposit in the amount of 1000 PLN in the case of single-time use of the bicycle.
    2. Launching the order of payment card debiting takes place upon registration, by entering the payment card number, that is credit card, debit card within PRM Terminal, during the contact with BOK, as well as via Nexbike application available on iOS system and Android system devices.
    3. Payment method may be altered each time, post logging in to the website www.poznanskirower.pl within the tab My Account
    4. All payments are transferred to the account of Operator.
  7. Rental
    1. Rental of a bike is possible provided that the Client has an active account status. Active account status is understood as:
      1. a minimum amount of 10 PLN gross on the pre-paid Account, through topping up by means of transfer or by single payment with the use of payment card,
      2. defining which form of payment of the payment card with possibility of debiting, via terminal or via contact with BOK, through which these means are automatically transferred.
    2. Rental of a bike is possible at any PRM Station post prior activation of PRM Terminal, logging in via one’s Client Identifier and acting in accordance with the instructions displayed on the PRM Terminal. The bike may also be rented within the system through PRM Terminal, by means of Nextbike application available on Ios, Android and Windows devices, via telephone contact-by calling the numbers indicated on the Terminal: 22 244 13 13 or 22 382 13 12 (answering machine – call charge in accordance with operator’s tarrifs),
    3. Rental commences once the procedure of rental specified in clause 2. is completed.
    4. During the rental the Client obtains the number for the code lock within the rented bike. This number may be confirmed until the return tie at the PRM Terminal, on Nextbike application as well as in BOK. The Client is obliged to ensure that the bike is equipped in protective rope, also called a clamp, prior to rental. In the event when it is missing, the Client is obliged to contact BOK and inform it of the absence of a clamp.
    5. It is the Client’s obligation to ensure, prior to commencing the ride, that the bike is suitable for the designated use, in particular, that the tyres of the bike are inflated, and the brakes are in order. Once the bike is released, the Client is obliged to secure the rope in such a way so as to prevent it getting into the wheel.
    6. In case of discovering during the bike rental any failure of the bike, the Client is obliged to immediately report the problem to BOK and return the bike to the closest PRM Station.
    7. Rental and use of an unfit bike by the Client may result in his liability for any failures or damages resulting from the use, in case when the Client could have been able to identify the unsuitability of the bike.
    8. It is recommended that the Client has, during rental, a working mobile phone in case of a necessity to contact BOK.
    9. The basket mounted in front of the bike is suitable solely for the carriage of light items. In order to ensure safety and at the risk of damaging the bike it is not allowed to place any heavy items within the basket. The maximum weight of items within the basket cannot exceed 5 kg. Items placed in the basket may not hang out of the rim of the basket and they should not contain any sharp edges. If an accident occurs due to inappropriate use of the basket, the Client bears responsibility for it and will cover any costs arising from it. The Operator shall not bear responsibility for damages to items or goods carried in the basket.
    10. Maximum load on the bicycle:
      1. traditional, intended for the use by 1 person, cannot exceed 120 kg,
      2. children, intended for the use by 1 person, cannot exceed 60 kg.
    11. Usage of the children type bicycles is possible only under the supervision of a legal guardian having an account in the PRM System. The legal guardian is required to supervise the riding of the child throughout the duration of the rent up to the return of the bike to a docking station.
    12. Children’s Bicycles:
      1. with wheel rims measuring 18 inches are intended for children over 4 years of age and height from 110 cm
      2. with wheel rims measuring 20 inches are intended for children over 6 years of age and height from 120 cm
    13. Before renting a children’s bicycle, legal guardian must make sure that the child is able to ride a bike without using so-called side wheels.
    14. The legal guardian takes full responsibility for the child during the rental of children’s bicycle.
    15. Children’s bicycles are not equipped with safety cable, and can be borrowed or returned only at the stations: Termy Maltańskie (6170), Malta Ski (6184) and Rondo Śródka (6154).
    16. In the absence of possibility to return the children’s bicycle to electrolock, legal guardian is obligated to contact the operator, through a 24-hour info line under the telephone No. 61 666 80 80 or 61 674 03 90. BOK employee will inform you how to secure the bicycle.
    17. In case of any problems with the rental or return of the bike from PRM Station the Client is obliged to contact BOK by phone. The employee of BOK will inform the Client of further actions to be taken. The rented bike ought to be used in accordance with its purpose. PRM bike as a transport means is designated to move between PRM Stations. It is not allowed to use PRM bikes for mountain rides, jumps, stunt tricks, as well as racing and using the bike to pull or push anything is not allowed.
  8. Duration of rental
    1. The Client is obliged to return the bike no later than within 12 hours from its rental.
    2. Exceeding the 12 hour duration of rental causes charging additional fees and penalties in accordance with the Tables of charges and penalties.
  9. Repairs and failures
    1. Any failures ought to be reported by phone to BOK. In case of each failure which prevents further ride the Client is obliged to stop and inform via telephone BOK as well as return the bike to the closest PRM Station.
    2. It is forbidden to conduct any repairs, ,modifications or replacements of parts within the rented bike on one’s own. The only authorized entity to perform these actions is PRMService.
    3. The Client has an obligation to have the possibility of contacting BOK at all times when renting a bike.
  10. Return
    1. The Client is obliged to connect the bike with the bike stand in such a way so that the adapter installed to the fork of the bike is placed within the electrolock being an integral part of the stand and hold the bike until an automatic closure of the lock blockade. Automatic closure of the blockade is signalized by a sound signal and a physical lock of the bike in the electrolock. We recommend that the Client ensures that the bike has been returned to the PRM System. This may be done through logging into the PRM Terminal by means of Nextbike application or through contacting BOK.
    2. If placing the bike within the electrolock is impossible (ie. lack of free bike stand at the PRM Station or failure at PRM Station) the Client is obliged to return the bike with the use of code lock, connecting the bike to the stand or another bike within the PRM Station, lock down the code lock, press the “Return” button on the electronic part of PRM Terminal and proceed according to instructions displayed. Once the lock is secured the Client may return the bike via www.poznanskirower,pl website, Nextbike application or through contacting BOK.
    3. In case of incorrect return of the bike, as specified in clauses X.1 nad X.2 the Client shall bear the costs of further rental and shall be responsible for a potential theft.
    4. In the event, when during rental an accident or a collision occurs, the Client is obliged to draw up a statement or call up the police onto the place of accident. If, during such event the bike is damaged, all costs related to restoring the bike to the state from before the accident/collision shall be borne by the person responsible for the occurrence posts prior submission of the right document indicating the offender. In a different case all costs related to the repair are borne by the owner of the account. Furthermore, in case of the occurrence of the above event the Client is obliged to inform BOK PRM no later than 7 days post the event.
  11. Fee
    1. Fee is calculated according to the rates specified in Table of fees and fines, which is an attachment to the Regulations, available on the www.poznanskirower.pl and at PRM Terminals. The basis for calculating the fee is the number of rented minutes, calculated from the moment of renting a bicycle at PRM Terminal, or receiving the combination code opening the security cable, until the time of locking the bicycle back to electrolock or obtaining confirmation from the PRM system accepting return of the bicycle. Fee for each bicycle is charged individually, regardless of its type.
    2. In the case of a single use of the PRM system and selection of the option to block funds, described in section VI.1.C and VII.1.C, the rental fee is collected from the security deposit. The security deposit will be unblocked in the PRM system within 48 hours from the moment of bike return. Refund/unblocking of the amount is carried out in accordance with the Customer’s bank procedures. The amount of security deposit will be decreased by possible travel costs or to cover other obligations resulting from the PRM’s Table of Fees and Penalties, so that your account balance is levelled to the amount of 0 PLN.
    3. Charges for the use of rental are diverse and depend on the length of time of bike rental. The charge for a single rental is a sum of charges for the subsequent time periods, ie. the cost of a 150-minute rental equates to 10 PLN.
    4. Time of charging is divided into one-hour periods with the exception of the first hour of rental during which the period of the first twenty minutes of rental is calculated.
    5. In case when charging the fee for the ride exceeds the means on the account the Client is obliged to top up his pre-paid Account at least to reach the balance equal to 0PLN within 7 days. In case of failure to settle overdue payments, the Operator reserves the right to commence adequate legal steps against the Client, targeted at obtaining the payment on account of the realized Agreement. The Operator is entitled to calculate statutory interest from the amounts overdue calculated from the day of maturity until the day of factual repayment made in full.
    6. During the term of the agreement with the Operator of PRM system the payments towards rentals (top up amount) are non-refundable.
    7. In case of proven abuses related to the inappropriate use, in particular, conducting unauthorized rentals of bikes, the Client is charged with a penalty indicated in the Table of charges and penalties of PRM.
    * Clients of Poznan City Bicycles are entitled to the concessionary tariff, identified at the terminal by means of named PEKA card and having encoding on the card and any commutation ticket valid at the time of renting a bicycle, valid in the tariff zone A (as well as A + B and A + B + C). The tariff applies only to the first rented bicycle. The fee for the second and subsequent bike rented at the same time is calculated in accordance with usual Tariff.
  12. Responsibility
    1. The Operator realizes the services related to the maintenance of PRM and bears full responsibility for its proper functioning.
    2. The Operator shall not bear responsibility for any direct or follow up damages as well as lost benefits caused as a result of improper performance of the Agreement by the Client, or for any other damages for which the Client is responsible, with the exclusion of damages caused by the Operator purposefully.
    3. Any claims and complaints resulting from them ought to be directed by the Clients to the address of the Operator.
    4. The Operator reserves the right to disclose Client’s data, in case of a necessity of disclosing the data to the authorized persons stems from the binding legal provisions.
  13. Complaints
    1. The Client may submit a complaint within 7 days from the date of the event which caused the complaint.
    2. All complaints concerning the services provided on the basis of the Terms of Service may be submitted:
      1. via electronic means to the email address [email protected]
      2. via post to the address f the Operator, specified in clause I.3
      3. in person at the headquarters of the Operator.
    3. If data contained within the complaint require supplementation, the Operator requests that the complaining person supplements the complaint within the indicated scope prior to reviewing the complaint.
    4. The complaints which do not contain data such as: name, surname, address, PESEL number, which would allow for an identification of the Client will not be considered.
    5. Submitting a complaint does not release the Client from the obligation of a timely realization of the obligations towards the Operator.
    6. The Operator reviews the complaint within 14 days from the date of obtaining it or supplementing it, and in particularly complex matters this occurs within 30 days , while in case the complaint concerns the transaction conducted with the use of payment card it might take up to 90 days from the date of the complaint submission. In case of the necessity to supplement the complaint the term for reviewing the complaint commences on the day of receipt of documents by the Operator which supplement the compaint or which provide additional explanations/information. In case of an inability to meet the deadline for the review of a complaint, the Operator will inform the Client of any delays, indicating the cause of a delay ( circumstances which must be established) and an expected term for the review of the complaint.
    7. The process of considering the complaint commences immediately post its receipt by the Operator. It is characterized by thoroughness, attention to detail, objectivity and respect of generally binding provisions of law and good practices.
    8. The Client grants consent for the reply to the complaint to be sent via electronic means or via post to the correspondence address in a way indicated within the complaint. In particularly justified cases the Operator may send a reply to another email address, indicated by the complaining person.
    9. The consideration of a complaint consists of an identification of the problem, assessment of its justification and settlement of the problem submitted by the Client or a conduct of adequate actions in order to remove any potential irregularities, causes of their occurrence and to grant a thorough, professional in form and in content reply.
    10. BOK issues a reply which includes the position of the Operator regarding the complaint, its justification and the information regarding the appeal procedure.
    11. The Client has the right to appeal against the decision issued by BOK. The appeals ought to be sent regardless of the method of submission-letter, email- no later than within 14 days from receipt of the decision by the Client which he wishes to appeal against. The appeal will be considered within 14 days from the day of its submission to BOK.
    12. The Client may:
        direct an appeal against the decision of the Operator directly to BOK within 14 days from the date of receipt of the reply to the complaint.
      1. launch civil action in the adequate court.
  14. Withdrawal from the Agreement:
    1. The Client may withdraw from the Agreement concluded with the Operator-on the basis of the provisions of law, without indicating the cause, within the term of 14 days from the date of its conclusion. The term is considered as fulfilled if prior to its expiry the consumer posts a statement of withdrawal from Agreement.
    2. The Client may withdraw from the Agreement via:
      1. sending to the Operator’s email address [email protected], a statement regarding withdrawal from Agreement,
      2. sending to the postal address of the Operator, specified in clause I.3 a written declaration of withdrawal from Agreement. For this reason the Client may avail of the form on withdrawal from Agreement enclosed in Annex no. 2 to the act on consumer rights ( Journal of Laws of 2014, item 827 as amended), however, this is not obligatory.
    3. In case of withdrawal from the Agreement, the Agreement is treated as non-concluded. In case of withdrawal from the Agreement each party is obliged to return to the other party all the items it obtained on the basis of the Agreement. The return of the services occurs no later than within 14 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement. The return of payment is conducted with the use of the same payment methods which were used by the Client in the initial transaction, unless within the declaration of withdrawal from the Agreement the Client agreed to another solution. Another solution ought to be indicated by the Client within the submitted declaration.
    4. The right to withdraw from the Agreement is not granted to the Client in reference to the agreements specified in sec. 38 of the act on the consumer rights (Journal of Laws from 2014, item 827 a amended), and in particular, it is not possible post realization of the Agreement.
  15. Termination of the Agreement at the request of the Client
    1. The Client has the right to terminate the Agreement . Termination in the written form must be sent to the electronic [email protected] or to the postal address of the Operator.
    2. The termination of the Agreement takes effect within 14 days from the date of receipt of the termination by the Operator.
    3. Upon terminating the Agreement the Client is obliged to top up the means on the pre-paid Account to reach the balance of 0PLN.
    4. If the means on the pre-paid Account exceed OPLN on the day of termination of the Agreement, they will be returned to the account from which they had been paid at the clear request by the Client, other, indicated within the termination. The returned amount will be decreased by the transfer fees.
  16. Final Provisions
    1. The acceptance of the hereby Terms of Service and the rental of the bike indicate: a declaration of the health state which prevents safe movement on a bike; ability to ride a bike; possession of permissions required by provisions of law and knowledge of road traffic provisions.
    2. The Operator reserves the right to terminate the Agreement with a notice of 14 days in case the Client breaches the provisions of the hereby Terms of Service (ie. lack of acceptance of the new Terms of Service, non-return of a bike at the required time) while the Client is entitled, in respect of the Operator, to submit claims related to the return of means on the pre-paid account, provided that they were not used by the Operator previously to cover the payable liabilities chargeable to the Client.
    3. The Operator is entitled to introduce changes to the Terms of Service or to Privacy Policy with effect for the future. The information regarding changes to the hereby Terms of Service or to the Privacy Policy will be sent to the email address indicated upon registration. Lack of a written information regarding non-acceptance of the changes of the Terms of Service sent to BOK within 14 days from the day of its issuance to the Client indicates an acceptance of the introduced changes in the Terms of Service by the Client.
    4. For all matters unresolved in the hereby Terms of Service the binding legal provisions shall apply, and in particular, the provisions of the Civil Code and the act on road traffic.
    5. In case of any discrepancies between the Polish and foreign language version of the Terms of Service, the Polish version of the document shall prevail.
  PRM TABLES OF CHARGES AND PENALTIES
Type of charges Gross value
Initial fee 10 PLN
Bike rental fee Duration of rental  
from 1 to 20 minutes 0 PLN
from 21 to 60 minutes 2 PLN
Second hour and each subsequent hour 4 PLN
Letter notifications regarding breaching the Terms of Service 10 PLN
Payment for exceeding the 12 hour limit of rental 200 PLN
Bike  return  in  a  place  other  than  one  of  the stations 50 PLN+5 PLN /KM
    Fees specified in the Table are VAT inclusive
Penalties
Theft, loss or damage of a bike 2000 PLN
  Annex no. 2 Costs of repairs and restoring a bike within PRM System  
NAME unit of measurement PRICE* VAT 23% TOTAL
Fork adapter piece 84.00 PLN 19.32 PLN 103.32 PLN
Front mudguard piece 9.50 PLN 2.19 PLN 11.69 PLN
Back mudguard piece 9.50 PLN 2.19 PLN 11.69 PLN
Chip piece 24.78 PLN 5.70 PLN 30.48 PLN
Tube 26×2.125 piece 8.40 PLN 1.93 PLN 10.33 PLN
Bell piece 3.60 PLN 0.83 PLN 4.43 PLN
Brake lever, right side piece 9.92 PLN 2.28 PLN 12.20 PLN
Pipe TP-06 Allu. Regulated/ Silver piece 0.60 PLN 0.14 PLN 0.74 PLN
Roller brake piece 134.90 PLN 31.03 PLN 165.93 PLN
Bars piece 17.81 PLN 4.10 PLN 21.91 PLN
Brake pads piece 4.70 PLN 1.08 PLN 5.78 PLN
Set of brakes (clamps) piece 15.57 PLN 3.58 PLN 19.15 PLN
Left crank piece 19.50 PLN 4.49 PLN 23.99 PLN
Crank with rack piece 28.00 PLN 6.44 PLN 34.44 PLN
connection block piece 6.30 PLN 1.45 PLN 7.75 PLN
Basket piece 8.85 PLN 2.04 PLN 10.89 PLN
Front light piece 19.93 PLN 4.58 PLN 24.51 PLN
Back light piece 11.63 PLN 2.67 PLN 14.30 PLN
Brake line (band) piece 2.46 PLN 0.57 PLN 3.03 PLN
Line (band) of rear dérailleur piece 1.90 PLN 0.44 PLN 2.34 PLN
Chain piece 5.70 PLN 1.31 PLN 7.01 PLN
Basket fix piece 18.06 PLN 4.15 PLN 22.21 PLN
Chain guard fix piece 6.72 PLN 1.55 PLN 8.27 PLN
Back reflector piece 1.59 PLN 0.37 PLN 1.96 PLN
Tyre (26 x 2.125) piece 27.41 PLN 6.30 PLN 33.71 PLN
Carrier guard (back) piece 24.61 PLN 5.66 PLN 30.27 PLN
Chain guard piece 5.70 PLN 1.31 PLN 7.01 PLN
Brake line shell meters 1.67 PLN 0.38 PLN 2.05 PLN
Rear derailleur shell meters 2.11 PLN 0.49 PLN 2.60 PLN
Set of pedals piece 13.26 PLN 3.05 PLN 16.31 PLN
Front hub (dynamic) piece 164.90 PLN 37.93 PLN 202.83 PLN
Back hub piece 130.05 PLN 29.91 PLN 159.96 PLN
Rear derailleur pusher piece 8.87 PLN 2.04 PLN 10.91 PLN
Front tyre with dynamo piece 196.00 PLN 45.08 PLN 241.08 PLN
Rear derailleur with steering module piece 20.40 PLN 4.70 PLN 25.10 PLN
Lamp cables meters 5.12 PLN 1.18 PLN 6.30 PLN
Bike frame piece 457.38 PLN 105.20 PLN 562.58 PLN
Left handle piece 5.49 PLN 1.26 PLN 6.75 PLN
Right handle piece 4.71 PLN 1.08 PLN 5.79 PLN
Saddle piece 15.30 PLN 3.52 PLN 18.82 PLN
Advertisement sides piece 33.60 PLN 7.73 PLN 41.33 PLN
Headsets piece 5.69 PLN 1.31 PLN 7.00 PLN
Footer/ support piece 14.40 PLN 3.31 PLN 17.71 PLN
Support 115mm piece 12.56 PLN 2.89 PLN 15.45 PLN
Front spoke piece 0.27 PLN 0.06 PLN 0.33 PLN
Back spoke piece 0.27 PLN 0.06 PLN 0.33 PLN
seat pillar piece 15.63 PLN 3.59 PLN 19.22 PLN
Roller brake screw piece 19.90 PLN 4.58 PLN 24.48 PLN
Brake lever adjusting screw piece 0.62 PLN 0.14 PLN 0.76 PLN
Back 3 speed wheel piece 148.50 PLN 34.16 PLN 182.66 PLN
Fork piece 43.00 PLN 9.89 PLN 52.89 PLN
Handlebar stem piece 16.93 PLN 3.89 PLN 20.82 PLN
seat tube piece 6.00 PLN 1.38 PLN 7.38 PLN
Lock code ABUS piece 56.10 PLN 12.90 PLN 69.00 PLN
Electrolock piece 672.00 PLN 154.56 PLN 826.56 PLN
Cost of child seat with adapter piece 500.00 PLN 115.00 PLN 615.00 PLN
* may be subject to changes   Annex No. 3 Regulations of using bicycles with child seats in the PRM system.  
  1. Maximum load on a bicycle equipped with a child seat, intended for usage, cannot exceed 114 kg.
  2. The use of bicycles fitted with a child seat is possible only under the supervision of the legal guardian of the child, who has an account in the PRM System. The legal guardian is required to properly secure the child in the seat by the means in accordance with the manual on usage of the seat.
  3. In case of doubt on how to properly secure a child in the seat, User of PRM System should contact BOK by telephone.
  4. Bicycles equipped with a child seat are intended for children weighing from 9 kg to 22 kg, who are able to sit without help for a long time, at least for the intended trip by bicycle.
  5. Before placing the child in the seat, make sure that the seat, the clamping mechanism to the bicycle and restricting elements ensuring child safety during driving time are not damaged, shows no signs of damage or are not loose and are firmly attached to the bicycle. It is also recommended to check the excessive temperature of the seat (e.g. Due to direct exposure to sunlight). In case, you notice any irregularities, in particular in the case of finding a defect in the seat or faulty mounting of seat to the bicycle, User of System PRM should notify about the above to the Operator through the BOK and the use of seat is prohibited.
  6. The legal guardian takes full responsibility for the child during rental of the bicycle equipped with a child seat.
  7. Children in seats should wear appropriate protective helmet. Please note that children should be provided with appropriate clothing, protecting them against the atmospheric precipitation, e.g. Rain.
  8. The child should be placed in the seat so as to ensure optimal comfort and safety while driving, using confinement system that ensures that their movements are restricted in the seat. It is recommended that the backrest should be tilted slightly to the rear.
  9. User’s obligation is to ensure that carried on child is protected to prevent his falling out while driving. If an accident occurs for the reasons of improper use of a capping mechanism, Client bears the resulting responsibility.
  10. Before commencing to drive, make sure that:
    1. there is no possibility that any part of the child’s body, his clothes, or security elements could come into contact with the moving part of the seat or bicycle;
    2. additional load on the bicycle does not negatively affect steering of the bicycle or its balance needed to move safely on a bicycle;
    3. weight and dimensions of the child’s body does not exceed the maximum load of the seat (these should be monitored during the course of driving).
  11. there is no possibility that any part of the child’s body, his clothes, or security elements could come into contact with the moving part of the seat or bicycle;
  12. additional load on the bicycle does not negatively affect steering of the bicycle or its balance needed to move safely on a bicycle;
  13. weight and dimensions of the child’s body does not exceed the maximum load of the seat (these should be monitored during the course of driving).
  14. It is forbidden to make any modifications to the seat and affixing of additional luggage to the place where there is the seat with child. Caution should be exercised while driving a bicycle with a child placed in the seat, keeping in mind that the bicycle may behave differently in relation to the maintenance of balance, steering and braking. In particular, speed should be adjusted to the restrictions resulting from traveling an additionally burdened bicycle.
  15. During usage of the bicycle, current verification must be made, if trunk with mounted seat is properly functioning, and moreover, if the child does not convey any message regarding the glare placed on the trunk / seat.
  16. Special attention should be also paid on not leaving the bicycle parked with a child unattended in the seat.
  17. Rental and return of the bicycle equipped with a child seat is possible at each station.
         
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