Terms

TERMS OF SERVICE
of the Sonsowiecki Rower Miejski

[Valid from 01/06/2018]

I. General Provisions
1. The hereby Terms of Service shall specify the rules and conditions of the use of the Sosnowiecki Rower Miejski (further referred to as SRM) launched in the city of Sosnowiec.
2. Terms of Service of the Rower Miejski as well as the Privacy Policy are available free of charge on the internet website www.sosnowieckirowermiejski.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 headquarters of Nextbike Polska S.A. with its registered seat in Warsaw.
3. Contact:
Nextbike Polska S.A.
ul. Przasnyska 6b
01-756 Warszawa
e-mail: bok@sosnowieckirowermiejski.pl
tel: 32 630 62 22
(call charges in accordance with Operators’ tariffs)
4. Nextbike Systems are compatible, that is setting up an account in one of the systems enables the use of bike rental stations in other cities, unless the terms of service of a given system indicate otherwise.
II. Whenever the Terms of Service indicate:
1. Mobile Application – it ought to be understood as software which operates on Android and iOS operational systems enabling rental and return of bikes within the system.
2. Bike Contact Centre (BCC)- it ought to be understood as service launched by the Operator, ensuring that the Clients have contact with the Operator by means of:
a. Hotline under the number: 32 630 62 22
b. electronic post under the address bok@sosnowieckirowermiejski.pl
c. Information regarding the functioning of BCC is available on the internet website www.sosnowieckirowermiejski.pl.
3. Account blockade-it ought to be understood as preventive measure which may be applied by the Operator in case of breaching by the Client of provisions of the hereby Terms of Service, in particular a breach which constitutes a damage to the elements of the Sosnowiecki Bike System. The Operator reserves the right to block Client’s account until the time of clarification of the issue.
4. Promotional voucher-it ought to be understood as a voucher offered by the Operator which enables topping up Client Account. The voucher amount and its purpose is established by the Operator and it is non-repayable. The means from the vouchers 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 at www.sosnowieckirowermiejski.pl.
5. Electric lock- it ought to be understood as a mechanism which releases and blocks the bikes
in the docking station.
6. Client Identification-this ought to be understood as individual number assigned to a Client, corresponding to the number of the mobile phone indicated during registration. During registration also a 6-digit PIN number is established which authenticates the Client of SRM. Any type of proximity card RFID (that is payment card) which the Client may connect to the Account in order to facilitate the process of logging in at the Terminal may also constitute an additional identifier of a registered Client.
During rental and return of a bike the Client has the following methods of identification at disposal:
a. mobile telephone number which, together with PIN number is treated as equal to the Client Identifier,
b. Silesian Card of Public Services (ŚKUP) – proximity, personalized electronic card (RFID) with a unique, encoded number and
a PIN number,
c. ELS Electronic Student ID (ELS), proximity, personalized electronic card (chip+RFID) with its unique, encoded number together with
PIN number,
d. 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 from 2016, item 1572) with PIN number. Terminals are adjusted for cooperation with PayPass and PayWave types of products. Post logging in on one’s account on the website,www.sosnowieckirowermiejski.pl, Clients may switch off the PIN code through unchecking the option: Upon each rental and return, in order to ensure your safety, please ask me about my PIN number. This option allows for rental/return of a bike at the terminal without the need to indicate a PIN code with the use of methods of identification: b, c, d at the terminal.
7. Client – it ought to be understood as person who carried out registration
in SRM system and accepted the Terms of Service.
8. Client Account- it ought to be understood as personal Client account created during registration for the purposes of using SRM System as well as charging fees in line with Annex no. 1 to the Terms of Service.
9. Cost of repairs and bike restoration-it ought to be understood as the price list for damaged parts and services related to their exchange, which constitutes Annex no. 2 to the hereby Terms of Service.
10. Top-up amount-it ought to be understood as an amount of top-up at the minimum level of 1 PLN paid to Client Account on account of future rentals.
11. Minimum Account Balance-it ought to be understood as funds that Client has on the Account the level of which cannot be lower than 10 PLN. Bike rental is possible solely when the Client has a minimum of 10 PLN on the account.
12. Operator–it ought to be understood as company Nextbike Polska S.A. which realizes the service related to ul. Przasnyska 6b, 01-756 Warsaw, 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,
13. Security procedure-it ought to be understood as each action undertaken by the Operator in the event of lack of return of the bike at the required time and state,
in particular, preliminary, debt-collection and court proceedings.
14. Terms of Service-it ought to be understood as the hereby Terms of Service,
defining principles and conditions of use of SRM and in particular, conditions, scope of rights and obligations and responsibility.
of persons who avail of the possibility of renting bikes in the SRM system. Acceptance of the provisions of the Terms of Service and fulfilment of all conditions defined therein shall form the basis and the condition for the rental of a bike within the Sosnowiecki Rower Miejski.
15. Standard bike-it ought to be understood as basic type of bike made available in the SRM System by the Operator. The bike is designated for persons who are above 13 years of age. Bike’s maximum working load amounts to 120 kg, whilst, it is assumed that such bike is designated solely for the use of one person at a time.
16. Tricycle- it ought to be understood as bike designated for
persons with problems related to organs of movement (the disabled). Bike’s maximum working load amounts to 90 kg, whilst, it is assumed that such bike is designated solely for the use of one person at a time.
17. Tandem type of bike-it ought to be understood as bike designated for use by two persons of combined weight up to 170 kg.
18. Service-it ought to be understood as actions performed by the Operator in relation to
the exploitation, repairs and maintenance of SRM.
19. Dedicated Station-it ought to be understood as SRM stations designated for rental and return of Tribikes and Tandem type of bikes. The list of Dedicated Stations is available on the internet websitewww.sosnowieckirowermiejski.pl
20. TR Standard Station- it ought to be understood as a set of bike stands with the devices for self-registration in the SRM system and for rental of electric bikes through SRM System. The list of SRM stations may be found on the internet website ofwww.sosnowieckirowermiejski.pl.
21. User zone-it ought to be understood as administrative borders of the city of Sosnowiec.
22. Internet website – it ought to be understood as website www.sosnowieckirowermiejski.pl launched by the Operator, containing the necessary data on the commencement and further use of SRM.
23. Sosnowiecki Rower Miejski (SRM) – it ought to be understood as system launched by the Municipality of Sosnowiec and managed by the Operator for rental of bikes within the area of the city of Sosnowiec, covering in particular: bikes, technical infrastructure, software and devices enabling the rental of bikes.
24. Table of Charges and Penalties-it ought to be understood as price list of services and charges of SRM, forming an integral part of the Agreement. Price list constitutes Annex no. 1 to the hereby Terms of Service.
25. Terminal- it ought to be understood as a device for self-rental of bikes, which is an integral part of the Station.
26. Agreement-it ought to be understood as an Agreement between the Client and the Operator which establishes mutual rights and obligations specified in the hereby Terms of Service. It is assumed that the Agreement is concluded
upon registration by the Client in the SRM System, post submission of a declaration
on acceptance of the Terms of Service.
27. Rental-it ought to be understood as rental of a bike from SRM station by means of Client Identifier. Rental process is specified in clause VII of the Terms of Service.
28. Bike return–it ought to be understood as return of a bike to the SRM station in accordance with
clause X of the hereby Terms of Service.

III. General rules of use of SRM System
1. The condition for the use of SRM System is an indication by Clients of the required personal data upon registration, as well as their acceptance of the conditions specified in the hereby Terms of Service, maintaining of the minimum balance on the Client account at the time of each rental at the level of at least 10 PLN.
2. The Client is obliged to abide by the provisions of the Terms of Service, in particular, concerning the agreed payments for the use of bikes 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 Sosnowiecki Bike System.
Within the statement, the parents or legal guardians must undertake to top up the account of the minor within the Sosnowiecki Bike System. The scanned version of the declaration ought to be sent via electronic post to the email address: bok@sosnowieckirowermiejski.pl.
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.
6. The use of bikes is allowed within the area of User Zone that is within the administrative borders of the city of Sosnowiec.

IV. Responsibility/ Obligation
1. The Client is responsible for the use of a bike in accordance with its designation
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. The Client shall bear full responsibility for the results of events which occur pursuant to the breach by him of the binding Terms of Service and the law when using the SRM System.
3. The use of bikes via SRM System may take place solely for non-commercial reasons.
4. The Client is responsible for the bike/bikes from the moment of rental at any SRM Station in the User Zone until the time of its/their return at any SRM Station in the User Zone, whilst the bikes of tribike type and tandem type may only be rented and returned at a dedicated, specially marked SRM stations. In particular, the Client is obliged to undertake actions targeted at preventing any damages and theft of the rented bike.
5. In case of a theft of a bike which occurs during the rental the Client is obliged to inform the Customer Centre of this fact immediately after noticing the incident and immediately report the theft (robbery) to the closest Police station.
6. The use of SRM System bikes by persons under the influence of alcohol or other narcotic substances, psychotropic substances or equivalents in the meaning of provisions on counteracting drug addictions; strong anti-allergic drugs, other medicines which by definition are forbidden or recommend not to be applied for drivers of any vehicles, is forbidden.
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. The Client bears responsibility for fines, tickets, and fees etc. which have been imposed on them and which result from Operator’s fault.
8. In case of proven damages stemming from incorrect use of equipment forming part of SRM System, the Client undertakes to cover the costs of replacement of damaged parts and services related to their exchange in order to restore the bike to its former state from before rental. The Operator submits an adequate receipt 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 Appendix no 2 to the hereby Terms of Service-”Costs of repair and restoring of bike”.
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 the Client Centre.
10. Any damages to elements of the system of Sosnowiecki City Bike will result in initiation of court proceedings with simultaneous right to pursue reimbursement of all justifiable costs, including costs of legal service from the perpetrator for damages and destructions.
11. The Client is responsible for any potential damages which may arise as a result of non-compliance with the Terms of Service, 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 SRM bikes.
12. The users are forbidden to transport the rented bikes within the SRM System with cars and other means of transport.

V. Registration
1. A necessary conditions for the rental of bikes and the use of SRM System is prior registration by a Client and maintaining a minimum balance on the account (PLN 10).
2. The registration takes place at the internet portal available at the address: www.sosnowieckirowermiejski.pl. Additionally, the possibility of registering at CC is possible
through telephone contact with an employee as well as by means of mobile Nextbike application available on devices with iOS and Android system.
3. During the registration process through the website www.sosnowieckirowermiejski.pl, via the Nextbike application or via telephone contact with the CC employee the indication of the following personal details is necessary:
a. name and surname,
b. contact address, that is city, street including flat/house number, postal code, country,
c. email address,
d. PESEL number,
e. mobile phone number,
f. payment card number in case of payment with credit card with the possibility of charging.
4. During registration process at the Terminal, the Client indicates the following personal details;
a. mobile phone number,
b. name and surname,
c. in case of an intention to top up the account: number of credit card with an option of debiting.

The other data specified in clause 3, letters b, c and d the Client is obliged to indicate, within 24 hours form the moment of registration. In line with the functioning of the system, an account is active after clicking on the activation link which confirms personal data.

5. After registering the account, a link will be sent to the email address indicated previously for the confirmation of data by the user. Post authorization of the link, the account is verified.
6. During the registration process at the Terminal Client enters the PIN code of his own. Whilst, during the registration via: internet website, Nextbike application and CC Sosnowiecki City Bike-PIN code is generated automatically. Post registration the Client receives a confirmation from the System regarding a successful registration as well as his individual PIN code which enables authorization of a given Client by the system.
7. The condition for registering is an indication of correct data, acceptance of conditions specified in the hereby Terms of Service. The data administrator is Nextbike Polska S.A. with its registered seat in Warsaw, ul. Przasnyska 6b
01-756 Warszawa
(further: Administrator).
8. Submission of personal data is voluntary, but necessary for the realization of the Agreement; lack of personal data submission prevents the use of SRM System services. The information on safety of personal data is available within the Privacy Policy document of Nextbike Polska S.A. available at: www.sosnowieckirowermiejski.pl.
9. Data Administrator may be contacted by means of an email to the address daneosobowe@nextbike.pl, contact form under the address www.sosnowieckirowermiejski.pl, via telephone under the number +48 22 208 99 90 or in writing at the address of the seat of Nextbike Polska S.A.
10. Administrator has designated an Inspector on Data Protection who may be contacted by means of an email at iod@nextbike.pl, via contact form underwww.sosnowieckirowermiejski.pl, via telephone under the number +48 22 208 99 90 or in writing at the address of Nextbike Polska S.A. Data Protection Inspector may be contacted with regards to all matters related to the processing of personal data an executing the rights related to the processing of such data.
11. Personal data of a user will be processed for the purpose of:
a. Setting up and servicing client account and provision of services available under SRM according to the principles specified in the hereby Terms of Service-the legal basis will be the necessity to execute agreement concluded by the user,
b. Fulfilling public-legal obligations of Nextbike Polska S.A., among others, those stemming from accounting provisions and tax provisions of law-the legal basis for the processing will be the necessity to fulfil legal obligations of the Administrator,
c. passing of marketing contents concerning products or services of Nextbike Polska S.A. -Legal basis for the processing will be the legally justified interest of Administrator; legally justified interest of the Administrator is the conduct of marketing actions concerning products or own services;
d. Ensuring the possibility of control of location at which bikes were rented or to which they were returned with the use of GPS system or verification, where the bike is located in case of lack of its return- legal basis for the processing will be legally justified interest of the Administrator; legally justified interest of the Administrator is the protection of material interest through gathering information which enable locating a bike,
e. Establishing or pursuing potential claims or protection against claims by Nextbike Polska S.A., related to the concluded agreement with the user-legal basis of processing will be the legally justified interest of the Administrator; legally justified interest of the Administrator is enabling establishing, pursuing and protecting against claims.
12. Personal data may be passed on to the following entities: suppliers of IT services, providers of location services (GPS), providers of marketing services, online payment operators, couriers and post operators, entities providing accounting and legal services.
13. Personal data of users will be processed until the time of expiry of claims stemming from the concluded agreement between the user and the Administrator. After this period, data will be processed in the scope and for the period required by the provisions of law, including accounting provisions of law. IN case of granting consent for the processing of data, data will be processed until the time of withdrawal of such consent. Administrator will cease to process data for marketing purposes earlier, during the validity period of the agreement, in case of submitting by the user of an objection against the processing of his data for this purpose.
14. The expressed consent for the processing of data in the purpose of passing onto the user of marketing contents by Nextbike Polska S.A. may be withdrawn at any time. The manner in which the consent may be withdrawn is indicated in the Privacy Policy of Nextbike S.A. Withdrawal of consent will have no impact on the compliance with law of the processing carried out prior to its withdrawal.
15. In the scope in which the basis for the processing of personal data of the user will be the legally justified interest of the Administrator, he will be entitled to the right of submitting an objection against the processing of personal data, that is in particular he will be entitled to object against the processing of his personal data for the purpose of passing over the marketing content in the course of validity of agreement concluded with the Administrator.
16. The User will be entitled to access his data and demand their amendment, removal or limiting their processing as well as the right to submit a complaint to the supervisory organ that deals with the protection of personal data in a member state of his usual stay or at the place of work of the user or the place of conduct of the alleged breach.
17. Since data of a given user will be processed in an automated manner, on the basis of an agreement and consent (in case of expressing it)-the user is entitled also to the right to transfer personal data which he will provide the Administrator with, that is to obtain from the Administrator personal data in a structured, generally used, machine-readable format. Such data may be passed on by the user to another data administrator. Details in this scope have been specified in the Privacy Policy of Nextbike S.A.
18. Indication of personal data in the purpose of setting up an account and then use of the offered services in the framework of SRM is necessary in order to conclude and realize the agreement-lack of indication of personal data precludes the conclusion of agreement. Indication of data for the purpose of passing on the marketing contents is voluntary.
19. Personal data are processed, stored and secured in accordance with the principles specified in the binding legal provisions.
20. 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 SCM IT system. If there are no arrears in the scope of payments for the use of bikes and data concerning individual transactions are no longer obligatory for realization of target for which they have been gathered, they are deleted immediately upon submission by Client of a motion for their deletion. In case of submitting a complaint, such data are stored until completion of the complaint procedure and potential proceedings caused by it, identification of claim by the Client and for evidence purposes. In case of a notification within this term (i.e. 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.
21. Administrator of personal data-Operator undertakes to maintain confidentiality of personal data and not to disclose them to any third parties, with the exclusion of entities acting at the order of the Administrator, 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.
22. 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 SRM 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 SRM System. Details concerning cookies files may be found in the Privacy Policy of Nextbike Polska S.A.

VI. Payment methods
1. Payments for the rental of bikes may be made in the following ways:
a. debiting the account of payment card of the Client, or
b. crediting the pre-paid Account via bank transfer or through payment via payment card, in particular, via portal www.sosnowieckirowermiejski.pl 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 SRM system, available on the website www.sosnowieckirowermiejski.pl
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
Terminal, during the contact with CC, as well as via Nexbike mobile application available on iOS system and Android system devices
3. All payments are transferred to the account of Operator.
4. At Client’s request the Operator may issue a VAT invoice solely and exclusively for the paid ride. For this purpose the Client should contact the Operator via electronic means to the email address of the Operator, indicating data necessary for VAT invoice issuance, date and time of rental of bike and number of bike.
5. The Operator will send a VAT invoice via electronic means to the email address from which the Client contacted the Operator. In particularly justified cases the Operator may send a VAT invoice to another email address, indicated by the Client.

VII. Rental
1. Bike rental is possible in case a Client has an active account status. Active account status is understood as:
a. 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,
b. defining which form of payment of the payment card with possibility of debiting, via terminal or via contact with CK, through which these means are automatically transferred.
2. Bike rental is possible at any SRM Station:
a. In case of bike locked with electric lock; post prior launching of the Terminal, logging in and proceeding in line with the instructions displayed on the device of the Terminal. Release of electric lock is signalized via adequate message displayed on the Terminal as well as a sound signal.
b. in case of a bike secured solely by means of a code lock; via Terminal,
with the use of Nextbike application or after telephone contact with an employee of CC at 32 630 62 22 (cost of telephone connection in line with operators’ tariffs).
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 until the time of return may be confirmed at the Terminal, via Nextbike mobile application as well as in CC.
5. The Client is obliged to ensure, prior to commencing the ride, that the bike is fit for use,
in particular that:
a. bike tyres are pumped, brakes are functional,
b. it has a safety rope, also called a clamp. (In the event when it is missing, the Client is obliged to contact CC and inform it of the absence of a clamp.)
6. 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.
7. Holder placed in tandems is designated to carry bottle drinks solely. The user is obliged to ensure that the carried drink is secured in a way that prevents it from falling out during the ride. If an accident occurs
due to inappropriate use of the holders, 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 holder.
8. In case of noting during the bike rental or use any failure or damage of the bike, the Client is obliged to immediately report the problem to CC and return the bike to the closest SRM Station.
9. Rental and use of an unfit bike by the Client may result in his liability for any failures or damages resulting from it.
10. It is recommended that the Client has, during rental, a working mobile phone in case of a necessity to establish contact.
11. The basket mounted on the handlebars 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 mass of the load placed in the basket for the standard bike cannot exceed 15 kg, and for the tandem type of bikes-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 any responsibility for damages or leaving the carried goods or objects in the basket, in particular the operator will not be liable for any carried electronic equipment which constitutes the property of the Client.
12. Maximum load of a bike:
a. for standard bikes cannot exceed 120 kg.
b. for tandem type of bikes cannot exceed 170 kg.
c. for tricycle type of bikes- it cannot exceed 90 kg.
13. In case of any problems with the rental or return of the bike at the SRM Station the Client is obliged to contact CC by phone. The employee of CC will inform the Client of further actions to be taken. The rented bike ought to be used in accordance with its designation. The bike as a transport means is designated to move between Stations. It is not allowed to use bikes for mountain rides, jumps, stunt tricks, as well as racing and using the bike to pull or push anything is not allowed.

VIII. 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.

IX. 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 CC via telephone as well as return the bike to the closest Station.
2. It is forbidden to perform any repairs, modifications, exchanges of parts in the rented bike. The only authorized entity to carry out such actions is solely the Service with a signed agreement for servicing SRM.
The Client has an obligation to have the possibility of contacting CC at all times when renting a bike.
For this purpose he ought to have with him a mobile phone.

X. Return
1. The Client is obliged to correctly return each type of bike.
2. The return of Standard bike occurs through:
a. Returning the bike to the SRM Standard Station and connecting it to a free electric lock, which constitutes an integral part of a stand. Correct blocking of the bike in a stand will be confirmed by a sound signal and physical closing of a bike in a stand.
b. Return of a bike to the SRM Standard Station and its return with the use of code lock (solely in case of stations in which the Client has no possibility of connecting the bike to the electric lock, i.e. When there are no free spots or when there is a failure of a given SRM Standard Station), through connecting the bike to the stand or to another bike (correctly secured through connection to the electric lock or secured with a clamp) located at the Standard SRM Station, blocking the lock (through shuffling the digits) and pressing “Return” button on the electronic part of the Terminal and proceeding in accordance with the instructions on the display. Upon blocking the lock, the Client may also return the bike via mobile application Nextbike or through contacting CC of SRM. In order for the return of the bike to occur through telephone contact with CC, the presence of Client at the Station on which the bike return is to be arranged for is required.
c. In case of experiencing any difficulties related to the bike return, the Client is obliged to immediately contact 24/7 hotline of SRM CC. It is thus assumed that in order for a bike return to occur through telephone contact with SRM CC, the Client ought to be present at the Station on which a bike return is to be conducted.
3. Return of tricycle type of bike or tandem type of bike is possible solely at dedicated, specially marked SRM stations the list of which is available on the internet website www.sosnowieckirowermiejski.pl. In order to return this type of bike, it is necessary to proceed similarly to the case of returning the standard bike, described in clauses 2.a, 2.b.
4. The Client is obliged to correctly return and secure the bike,
as specified in clauses XI.2 to XI.3 under the pain of:
a. calculation of fees for the use of bike in accordance with the accepted price list, and in case of rental exceeding 12 hours, calculation of additional fee in the amount of 200 PLN.
b. calculation of contractual penalty for loss, theft or damage of a bike in accordance with Appendix no. 1 to the hereby Terms of Service.
c. Calculation of penalty fee for return of bike at a place other than the dedicated station in accordance with Appendix no. 1 to the hereby Terms of Service.
d. Temporary blocking of Client’s account.
5. The fee for incorrect bike return as specified in Clause XI.4.c is calculated on the basis of costs specified in the Table of Fees and Penalties in the item Penalty for bike return at a place other than a dedicated station.
6. In case when during rental of a bike an accident or collision occurs, Client is obliged to write a statement or call the Police to the site. If, during the event a bike gets damaged, all fees related to restoring
the bike and bringing it to the state from before the accident/collision will be borne by the person responsible for the incident prior to previous submission of a document with indication of the perpetrator. 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 CC no later than within 24 hours post the event.

XI. Charges
1. Charges are calculated according to the rates specified in the Tables of Charges and Penalties, constituting Annex no. 1 to the Terms of Service. The basis for the calculation of a charge is the number of minutes of rental, measured from the moment of bike rental at the Terminal, or from the moment of obtaining the code lock which releases the securing rope, to the moment.
of connecting the bike with electric lock or obtaining the confirmation from the System regarding the confirmation of bike return
2. Charges for the use of rental are diverse and depend on the length of time of bike rental. The fee is calculated for each rented bike and constitutes a sum of receivables for each subsequent time interval.
3. 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 free of charge twenty minutes of rental and the subsequent paid forty minutes of rental are distinguished.
4. In case when the calculated charges for the ride exceed the means on the account the Client is obliged to top up his Account at least to reach the balance equal to 0 PLN
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.
5. During the term of the agreement with the Operator of SRM system the payments towards rentals (top up amount) are non-refundable.
6. 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 SRM.

XII. Responsibility
1. The Operator realizes the services related to the maintenance of the Sosnowiecki Rower Miejski
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.
3. The Client should direct any claims or complaints to the SRM System Operator in the form specified in Section XIII.
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.

XIII. Complaints
1. The recommended term for submission of complaints is 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:
a. via electronic means to the email address bok@sosnowieckirowermiejski.pl
b. via post to the address of the Operator, specified in clause I.3
c. in person at the premises 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 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 obtaining its supplementation, 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 60 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 complaint or which provide additional explanations/information. In case of an inability to meet the deadline for the review of a complaint, the Operator will inform the Client of any delays, indicating the cause of a delay (circumstances which must be established) and an expected term for the review of the complaint.
7. The process of considering the complaint commences immediately post its receipt by the Operator.
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, and professional in form and in content reply.
10. Operator 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 the Operator. The appeal will be considered within 14 days from the day of its submission to the Operator. The appeal will be considered within 14 days from the day of its submission to CC.
12. The Client may:
a. direct an appeal against the decision of the Operator directly to the postal address of the Operator or CC within 14 days from the date of receipt of the reply to the complaint.
b. launch civil action in the adequate court.

XIV. 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:
a. sending to the Operator’s email address bok@radomskirowermiejski.pl a statement regarding withdrawal from Agreement,
b. sending to the postal address of the Operator, specified in Clause I.3 a written declaration of withdrawal from Agreement. For this purpose, the Client may avail of the
form of withdrawal from Agreement contained 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, it 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 payments 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. Right to withdraw from Agreement shall not be in possession of Client with reference to agreements specified in art. 38 of the Act on Consumer Rights
(Journal of Laws from 2014, item 827 as amended) and in particular it shall not be possible post realization of Agreement.

XV. Termination of the Agreement at the request of the Client
1. The Client has the right to terminate the Agreement. The termination ought to occur in a written form, however, the sending of a scanned version of termination with a signature to the email address bok@sosnowieckirowermiejski.pl or to the postal address of the Operator is allowed.
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. Non-used funds on Client Account, remaining there as per the date of termination of Agreement
in the amount above 0PLN will be returned to the account from which they were paid or at a clear demand of the Client, to another indicated in the termination document account.

XVI. Blockade of user accounts
1. The Operator reserves the right to temporarily block Client’s account in SRM system in case of non-compliance with the conditions of the hereby Terms of Service.
2. In particular, the account blockade may occur, when the Client:
a. has not entered personal data in detail, as specified in clause V.3 of the hereby Terms of Service;
b. uses a bike not in line with its designation;
c. leaves the bike in a location other than the designated Station;
d. leaves the bike unsecured.
3. Blockade of an account may also occur in case when post bike rental by a client the bike has been lost.
4. Permanent blockade of Client Account prevents any future setting up of subsequent account and is equivalent to the termination of agreement with a given client through his fault.

XVII. Nextbike Mobile Application
1. Nextbike Mobile Application is available for download without charging any fees (free of charge)
in Google Play stores and Apple AppStore.
2. The use of Mobile Application is possible by means of phones with adequate, valid Google Android or Apple IOS system with Internet access.
3. The use of Mobile TR Application is possible post registering in the Nextbike System. The provisions of the hereby Terms of Service in the scope of conditions of use of TR are appropriately represented in the Mobile Nextbike Application.

XVIII. Final Provisions
1. The acceptance of the hereby Terms of Service and the rental of the bike indicates:
a declaration of the health state which ensures safe movement on a bike; ability to ride a bike; possession of authorizations required by provisions of law and knowledge of road traffic provisions.
2. The Operator reserves the right to terminate an Agreement while maintaining a 14-days’ notice period if a Client:
a. breaches the provisions of the hereby Terms of Service
(i.e. Failure to return the bike at the required time).
b. Fails to accept the changes to the provisions of the Terms of Service in case of any changes of its contents.
The Client is entitled, towards the Operator, to raise claims related to the reimbursement of funds from the Client Account, provided that these have not been already used by the Operator to cover liabilities burdening that Client.
3. Information regarding changes of the Terms of Service or Privacy Policy will be sent to the email address indicated upon registration. 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 written information of lack of acceptance of the change to Terms of Service or Privacy Policy sent to CC within 14 days from the day of its posting to the Client indicates acceptance of introduced changes within Terms of Service by the Client.
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. The hereby Terms of Service was elaborated in 4 language versions (that is: Polish, English, German, Russian) and is available on the website of www.sosnowieckirowermiejski.pl in the Terms of Service tab.
6. 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.

 

Appendix no. 1 Table of Charges and Penalties

Type of charges Gross value
Initial fee 10 zł
Duration of rental Bike rental fee:
from 1 to 30 minutesy 0 zł
fofrom 31 to 60 minutes 1 zł
Second hour 2 zł
Third hour 3 zł
Fourth hour and each subsequent
hour
4 zł
Bike return in another location than the station 180 zł
Payment for exceeding the 12 hour limit of rental 200 zł
Theft, loss or damage of a children bike 2 000 zł
Theft, loss or damage of a Cargo type of bike 4 200 zł
Letter notifications regarding breaching the Terms of Service 10 zł
Return of bike outside the user zone 500 zł

 

Fees specified in the table are VAT tax inclusive

 

Appendix no. 2 Costs of repair and restoration of bikes

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
Electric lock piece 672.00 PLN 154.56 PLN 826.56 PLN