Terms of service

TERMS OF SERVICE
for the System of Bike Rentals ROWEROWE ŁÓDZKIE
[Valid from 5th of November 2018]

I. General Provisions

1. The hereby Terms of Service shall specify the rules and conditions of the use of the System of bike rentals Rowerowe Łódzkie (hereinafter referred to as Rowerowe Łódzkie) launched within the territory of Łódź Voivodeship. Rowerowe Łódzkie System comprises of the following towns and communes: Commune Koluszki, Commune and Town of Kutno, Commune Łask, Commune Town of Łowicz, Commune and Town of Łódź, Town of Pabianice, Town of Sieradz, Town of Skierniewice, Town of Zduńska Wola, Commune Town of Zgierz.

2. Terms of Service of Rowerowe Łódzkie as well as the Privacy Policy are available free of charge on the internet website www.rowerowelodzkie.pl in such a way so as to enable familiarising with the contents, obtaining, broadcasting and recording them. This document may be obtained at the headquarters of NB Serwis sp. z.o.o. with its registered seat in Warsaw, which is the Operator of Rowerowe Łódzkie.

3. Contact:

NB Serwis sp. z o. o.
ul. Przasnyska 6b
01-756 Warszawa
e-mail: [email protected]
Tel: 42 214 40 00

II. Definitions

1. Mobile Application – mobile application enabling the use of SRG, available on devices operating in iOS system or Android. The application may be used on devices which comply with technical requirements, such as smartphones which allow for downloading mobile application from the internet store. The application may also be downloaded from the website www.rowerowelodzkie.pl . Condition for downloading application as well as using it is constant access to the Internet. The Application contains necessary data for commencing and further use of Rowerowe Łódzkie, including the map of area covered by the system of Rowerowe Łódzkie.

2. Account blockade-it ought to be understood as preventive measure consisting of preventing the use of Rowerowe Łódzkie system 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 property of Rowerowe Łódzkie and the Operator.

3. O-lock Blockade – it ought to be understood as preventive measure of a bike in a form integrated with the clamp “O” frame, without a lock without which it is impossible to complete rental. O-lock blockade is mounted on the rear wheel and it remains open during a ride. The blockade constitutes an accessory of each Rowerowe Łódzkie bike.

4. Contact Centre (CC)- it ought to be understood as service launched by the Operator, ensuring that the Clients have contact with the Operator by means of:
a. infoline available 24/7 at the following number: 42 214 40 00
b. electronic post under the address [email protected]
Information regarding the functioning of CC are available on the internet website www.rowerowelodzkie.pl

5. Duration of rental – it ought to be understood as time counted from the moment of rental of a bike through opening of O-lock blockade, until the moment of its return through closing of O-lock blockade.

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 and a 6-digit PIN number. Any proximity RFID card may serve as an identifier. Details concerning registration and Client identifiers have been described in Section V. Registration.

7. Client/ User – it ought to be understood as any natural person, participant of the Rowerowe Łódzkie System who has accepted Terms of Service and carried out registration in the Rowerowe Łódzkie System as well as concluded Agreement.

8. Client Account- it ought to be understood as personal Client account created during registration for the purposes of using Rowerowe Łódzkie System as well as charging fees in line with Appendix no. 1 to the Terms of Service. The Client may link compatible cards and mobile devices with his or her Rowerowe Łódzkie account, in accordance with RFID standard, facilitating the process of bike rental.

9. Cost of repairs-it ought to be understood as cost calculated by the Operator in relation to the damage of a bike, based on the price list constituting Appendix 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 a minimum balance which a Client ought to have in order to be entitled to a bike rental. . Minimum account balance amounts to 10 PLN.

12. Operator – it ought to be understood simultaneously as the Personal Data Controller, company NB Serwis sp. z o. o. realizing the service of Rowerowe Łódzkie with its registered seat at 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, XII Economic Department of the National Court Register under the KRS number 0000600242, REGON number 363740193, NIP number 5252647695,

13. Initial fee – it ought to be understood as an initial fee for the benefit of Rowerowe Łódzkie, made by a Client upon registering in Rowerowe Łódzkie. The Initial fee amounts to 20 PLN.

14. The functioning area of Rowerowe Łódzkie – it ought to be understood as Towns and Communes forming Rowerowe Łódzkie, specified in Section I, clause 1.

15. Explanatory proceeding- it ought to be understood as a set of actions undertaken by the Operator, targeted at establishing the circumstances and events occurring in relation to the use of bikes, in particular, those related to breaching of terms of service, accidents and collisions or damages to the property of the Operator.

16. Terms of Service-it ought to be understood as the hereby Terms of Service, defining principles and conditions of use of Rowerowe Łódzkie and in particular, scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in the Rowerowe Łódzkie system.

17. Bike-it ought to be understood as basic type of bike made available in the Rowerowe Łódzkie System by the Operator. The bike is designated for persons who are above 13 years of age. Working load of a bike amounts to 120 kg of the driver solely and the basket has a load capacity of 5kg. Bikes are designated for persons who are between 150 and 195 cm tall. Whilst, it is assumed that such bike is designated solely for the use of one person at a time. Bikes are a supplementation of urban means of transport. 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. Carrying luggage is allowed solely by means of a basket designated for this purpose; it is not permitted to hang anything on the bike frame or on any other bike elements.

18. Rowerowe Łódzkie Service -it ought to be understood as actions performed by the Operator in relation to the exploitation, repairs and maintenance of Rowerowe Łódzkie.

19. Rowerowe Łódzkie Station – it ought to be understood as a place of rental and return of bikes by Clients, which is marked with a symbol of the Rowerowe Łódzkie System, equipped in bike stands at which bikes are parked (returned) by means of (O-lock) blockades. Information about the locations of Rowerowe Łódzkie stations may be found on the internet website www.rowerowelodzkie.pl as well as within a mobile application Rowerowe Łódzkie.

20. Internet website – it ought to be understood as an internet website www.rowerowelodzkie.pl launched by the Operator, which contains the necessary data for commencing and further use of Rowerowe Łódzkie, including a map of the area covered by the Rowerowe Łódzkie System.

21. Rowerowe Łódzkie 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.

22. Tables of charges and penalties-it ought to be understood as price list of services and charges of Rowerowe Łódzkie, constituting an integral part of the Agreement. Price list constitutes Appendix no 1 to the hereby Terms of Service and it is available on the internet website as well as in the mobile application.

23. 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 considered 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 Rowerowe Łódzkie, subject to submission by the Client of declaration of acceptance of Terms of Service, indication upon registering of personal data and making of initial fee payment paid during the registration process of the Client in the Rowerowe Łódzkie System.

24. Bike rental- it ought to be understood as unblocking by means of Client Identifier or via another method as specified in Section V, Clause 6 for the purpose of commencing a ride. Rental process is specified in detail in clause VII of the Terms of Service.

25. Bike return – it ought to be understood as returning a bike at any Rowerowe Łódzkie Station or outside of it, with the use of O-lock blockade (closing a blockade). The process of bike return is specified in clause XI of the Terms of Service.

III. General rules of use of Rowerowe Łódzkie

1. The condition for the use of Rowerowe Łódzkie System is submission by the Client of the required personal data upon registration, the acceptance of conditions defined in the hereby Terms of Service, as well as payment of initial fee. The condition for the use of Rowerowe Łódzkie is, furthermore, maintenance of a minimum top up level on the Client’s account during the time of each rental, in the amount of no less than 10 PLN (in words: ten zloty).

2. The Client is obliged to abide by the provisions of the Terms of Service, in particular, concerning the agreed payment of the fee and the use of the bikes in accordance with the Terms of Service.

3. Persons who are above 13 years of age but did not complete 18 years of age (further referred to as minors) may avail of the Rowerowe Łódzkie System, pursuant to the consent of their parent or legal guardian. It is required that an account which a minor will use is registered by their parent or legal guardian who applied to the Operator for consent for the use of the Rowerowe Łódzkie System by the given minor. Such parent or legal guardian bears responsibility on account of any potential damages which may occur, in particular in relation to the non-execution or incorrect execution of the Agreement and to cover ongoing commitments specified in the Table of Penalties and Charges and Costs of repair and processing of bikes in the Rowerowe Łódzkie System. Consent of at least one parent or legal guardian for the use of the account by a minor in the form of a scan of a letter ought to be sent by electronic means to the email address [email protected], Template of such declaration constitutes Appendix no. 3 to the hereby Terms of Service. Consent should include:
a. Telephone number on which the account is registered
b. First name and surname of the User (parent or legal guardian)
c. Consent for use of the System by the minor
d. First name and surname of the minor
e. Date of birth of the minor
f. Handwritten signature of the User (parent or legal guardian)
g. Date and place of consent granting

4. Parties to the Agreement undertake to mutually inform each other of any changes to addresses or other data identifying them, indicated during registration in the system.

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. In the event of non-compliance with the provisions contained within the Terms of Service, the Operator shall be entitled to block Client Account. Detailed conditions related to such blocking have been specified in Clause XVII of the hereby 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 any results of events which occur pursuant to the breach by him of the law in place when using the Rowerowe Łódzkie System.

3. The use of bikes via Rowerowe Łódzkie System may take place solely for non-commercial reasons. The use of bikes for profit-making purposes is not permitted.

4. The Client is responsible for the bike he or she rents at a given time from the moment of rental to the moment of return. In particular, the Client is obliged to undertake actions targeted at preventing any damages and theft of the rented bike.

5. In the event of theft of the bike that occurs during rental, the Client is obliged to inform CC Rowerowe Łódzkie immediately after noticing the incident.

6. The use of Rowerowe Łódzkie 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 and imposed on them out of their own fault. 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 Rowerowe Łódzkie 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 shall submit an adequate receipt or VAT invoice to the Client for completion of the necessary repair works. The valuation or costs of repair will be elaborated on the basis of Costs of repairs and restoration of Rowerowe Łódzkie bikes, specified in Appendix no. 2 to the hereby Terms of Service – Costs of repairs and restoration of Rowerowe Łódzkie bikes.

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 CC Rowerowe Łódzkie.

10. Any purposeful damage to the property of Rowerowe Łódzkie System shall result in the necessity to bear costs of repair and restoration by the perpetrator and, in consequence, it may result in the initiation 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 bears responsibility for all damages stemming from his or her non-compliance with the Terms of Service. The Client may be charged with costs of repair of such damages, including the cost of bike restoration specified in the Tables of Fees and the table of Costs of repair and restoration of Rowerowe Łódzkie bikes.

12. The users are forbidden to transport the bikes in the Rowerowe Łódzkie system via vehicles, trams, trains and other means of transport, owned by private persons, excluding the means of public transport.

V. Registration

Prior registration of a Client is the necessary condition for the use of the Rowerowe Łódzkie System as well as acceptance of the Terms of Service.

1. Registration may be realized through:
a. Website www.rowerowelodzkie.pl
b. Mobile application Rowerowe Łódzkie
c. Telephone contact with CC Rowerowe Łódzkie.

2. During the registration process through the website www.rowerowelodzkie.pl, via the Mobile Application Rowerowe Łódzkie or via telephone contact with CC Rowerowe Łódzkie, the indication of the following personal details is necessary:
a. First 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. Optionally – payment card number in case of payment with credit card with the possibility of charging.
g. in case of foreigners, the Operator reserves the possibility of conducting additional verifications.

3. In order to complete the process of registration a link will be sent to the email address indicated before with a confirmation of data by the Client. Post authorization of the link, the account is verified. Lack of confirmation of data within 24 hours from the moment of obtaining the mail by clicking on the verification link causes non-completion of the registration process at the Rowerowe Łódzkie System and thus, blocking the account.

4. Client accounts which contain incorrect personal data with 0PLN account balance may be automatically deleted from the Rowerowe Łódzkie database system.

5. Whilst, during the registration via: internet website, mobile application Rowerowe Łódzkie and CC- Rowerowe Łódzkie – PIN code is generated automatically. Post registration the Client receives a confirmation from the Rowerowe Łódzkie System regarding a successful registration as well as his individual PIN code which enables authorization of a given Client by the system. PIN code is sent via text message to the indicated telephone number.
In order to improve the process of logging in at the Terminal, the Client has the option of connecting his RFID card to the Rowerowe Łódzkie account.

VI. Personal data

1. The personal data controllers of Rowerowe Łódzkie System are the following towns and communes: Commune Koluszki, Commune and Town of Kutno, Commune Łask, Commune Town of Łowicz, Commune and Town of Łódź, Town of Pabianice, Town of Sieradz, Town of Skierniewice, Town of Zduńska Wola, Commune Town of Zgierz.

Koluszki Commune, the Controller in Koluszki is the Town Hall at ul. 11 Listopada 65, 95-040 Koluszki [email protected], Personal Data Inspector: 0 44  725 67 10 Privacy Policy:https://koluszki.pl/polityka-prywatnosci/

Commune and Town of Kutno, the Controller in Koluszki is the Town Hall of Kutno with its seat in Kutno, pl. Marszałka J. Piłsudskiego 18, Personal Data Inspector, tel.: 0 24 253 11 63 e-mail: [email protected] Privacy Policy: http://www.um.kutno.pl/page

Commune Łask, Controller is the Commune of Łask, ul. Warszawska 14, 98-100 Łask, tel.: 0 43 676 83 00, e-mail: [email protected], Personal Data Inspector is company Protect IT sp. z o. o. tel.: 0 42 658 52 52, e-mail: [email protected] Privacy Policy: http://www.lask.pl/

Commune and Town of Łowicz, Controller is the Mayor of the Town of Łowicza, pl. Stary Rynek 1, 99-400 Łowicz, Personal Data Inspector is Katarzyna Marczak tel.46 830 91 06 email: [email protected] Privacy Policy: http://www.lowicz.eu

Municipality and City of Łódź, Controller is the President of the City of Łódź with its seat in Łódź at ul. Piotrkowska 104, 90-926 Łódź, tel.: +4842-44-44, REGON: +48 (42) 272-60-01, e-mail: [email protected]., Personal Data Inspector at the City Hall of Łódź is Ms. Agnieszka Kozłowska, tel. +48 (42) 638-59-50, e-mail: [email protected]. Privacy Policy: https://uml.lodz.pl

City of Pabianice, Controller is the President of the City of Pabianice, City of Pabianice, ul. Zamkowa 16, 95 -200, Personal Data Inspector at the City Hall of Pabianice, ul. Zamkowa 16, 95-200 Pabianice e-mail [email protected] Privacy Policy: https://bip.um.pabianice.pl/

City of Sieradz, Controller is the President of the City of Sieradz, 98-200 Sieradz, plac Wojewódzki 1, e-mail: [email protected], tel. 43 826 61 65, Personal Data Inspector at the City Hall in Sieradz, 98-200 Sieradz, plac Wojewódzki 1, tel. 0 43 826 61 65 e-mail: [email protected], Privacy Policy: http://sieradz.eu/

City of Skierniewice, Controller is the President of the City of Skierniewice, ul. Rynek1, 96 – 100, Personal Data Inspector Dominik Grzeskowiak – City Hall in Skierniewice, ul. Rynek 1, 96-100 Skierniewice, e-mail: [email protected] Privacy Policy: http://www.bip.um.skierniewice.pl/

City of Zduńska Wola, Controller is the President of the City of Zduńska Wola, 98-220 Zduńska Wola ul. Złotnickiego 12; e-mail: [email protected], tel. 43 825-02-00, Personal Data Inspector tel. email address, [email protected], Privacy Policy: http://zdunskawola.pl/

Municipality and City of Zgierz Controller is the President of the City of Zgierz with its seat in Zgierz, Plac Jana Pawła II, 95 -100 Zgierz, Personal Data Inspector, email: [email protected] or epuap.gov.pl box epuap:/4ebn4d0m4f/skrytka. Privacy Policy: http://www.miasto.zgierz.pl/pl/page/polityka-prywatnosci

2. Submission of personal data is voluntary but necessary in order to set up and service Client Account and obtain services available in the System of Bike Rentals Rowerowe Łódźkie according to the principles specified in the hereby Terms of Service. More information on the subject of personal data processing under the System of Bike Rentals Rowerowe Łódźkie may be found in the Privacy Policy of the Controllers and the Operator.

3. The Data Controller may be contacted by means of an email, indicated in Section VI, clause 1.

4. Data Processor has appointed a person who may be contacted regarding each matter concerning the processing of personal data via email at [email protected], contact form available under the address: www.rowerowelodzkie.pl, via telephone at +48 22 208 99 90 or in writing at the address of company seat of NB Serwis Sp. z o. o. ul. Przasnyska 6B, 01-756 Warsaw. Clients of the System of Bike Rentals Rowerowe Łódźkie may contact Data Processor regarding all matters concerning the processing of personal data and using the rights related to the data processing.

5. 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 Rowerowe Łódzkie 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 NB Serwis Sp. z o. o., above all, 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 Controller,
c. Passing on marketing content concerning the products or services of NB Serwis Sp. z o. o. and concerning products and services of the partners of NB Serwis Sp. z o. o. who are Sub-processors – legal basis for the processing shall be the User’s consent and legally justified interest of the Processor; legally justified interest of the Processor is the conduct of marketing actions concerning its own products or services as well as the products or services of its partners; in case of granting consent for the processing of personal data for the passing of marketing content concerning the products or services of NB Serwis Sp. z o. o. and products or services of its partners. In case of concluding an agreement with NB Serwis Sp. z o. o., that is the Processor and upon completion of agreement – such consent shall constitute the legal basis for the processing of personal data by the User. In case of non-granting the consent, personal data of a given User will not be processed for marketing purposes in case of non-conclusion of agreement and after its completion.
d. ensuring the possibility of control of location at which bikes were rented or to which they were returned to Rowerowe Łódzkie 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 Controller and the Operator; legally justified interest of the Controller and the Operator is the protection of material interest through gathering information which enable locating a bike,
e. establishing or pursuing potential claims or defence against claims by NB Serwis sp. z o. o., related to the concluded agreement with the user-legal basis of processing will be the legally justified interest of the Controller and the Operator; legally justified interest of the Controller and the Operator is enabling establishing, pursuing and protecting against claims.

6. Personal data may be passed on to the following entities, sub-processors: 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.

7. Personal data of users will be processed until the time of expiry of claims stemming from the concluded agreement between the user and the Operator. 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. Processor 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.

8. The expressed consent for the processing of data for the purpose of passing onto the user by the Processor of marketing contents by NB Serwis sp. z o. o may be withdrawn at any time. Method of withdrawing consent has been indicated in the Privacy Policy of NB Serwis sp. z o. o. Withdrawal of the consent shall not impact compliance with the law of the processing conducted prior to such withdrawal.

9. In the scope in which the basis for the processing of personal data of the user will be the legally justified interest of the Controller, 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 Processor.

10. Post completion of realization of the service within the System Rowerowe Łódzkie the Processor shall be obliged to pass onto the Controller indicated in Section VI, Clause 1 the database of personal data in XML format, allowing for an identification of data gathered within the database, with Unicode UTF-8 standard of character encoding on DVD_R drive(s), updated as on the date of agreement termination for the realization of services within the Rowerowe Łódzkie System and hand over the hardcopy documentation produced in relation to the processing of personal data as well as permanently remove all the processed personal data from the IT system and the held data carriers, which shall be understood as destroying personal data or such modification which will not allow for establishing any person’s identity from that particular data base.

11. 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.

12. 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 Processor with, that is to obtain from the Controller personal data in a structured, generally used, machine-readable format. Such data may be passed on by the user to another data Controller. Details in this scope have been described in the Privacy Policy of NB Serwis sp. z o. o.

13. Indication of personal data in the purpose of setting up an account and then use of the offered services in the framework of Rowerowe Łódzkie 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.

14. The content of individual transactions/rentals is available solely for the parties of the Agreement that is for the Operator and the Personal Data Controller who have been indicated in Section II, Clause 26. 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 IT system of Rowerowe Łódzkie. 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 the given complaint. 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.

15. Personal data are processed, stored and secured in accordance with the principles specified in the binding legal provisions.

16. Controllers and Processors of personal data-Operator undertakes to maintain confidentiality of personal data and not to disclose them to any third parties, excluding entities acting at the order of the Processor or Controllers, including entities specified in sec. 6 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 Client and the Operator.

17. In order to adjust the content and the services to the individual needs and interest of Clients, the Processor and the Operator use 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 pages of the Rowerowe Łódzkie System, 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 Rowerowe Łódzkie System. Details concerning the cookies files may be found within the Privacy Policy of NB Serwis sp. z o. o., the Processor [link to Policy].

VII. Payment methods

1. Payment for services and products offered within the Rowerowe Łódzkie System may be conducted through:
a. the use of credit and debit cards and online payments as well as transfers. Information concerning credit or debit card are processed by an external service provider and are not stored nor disclosed to the Operator.
b. The Client authorizes the Rowerowe Łódzkie System Operator to charge his credit or debit card with all calculated fees, including also the amounts due in relation to each delayed return, fees on account of damages, theft or loss of bikes.

2. All payments are transferred to the account of Operator.

3. In case of lack of return of a bike due to any reason – including also in case of its loss or theft – the Client shall be burdened with a compensation in accordance with Appendix no. 1 for each rented bike.

4. At Client request, the Operator will provide the Client with a VAT invoice. 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.

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.

VIII. Rental

1. A bike at Rowerowe Łódzkie may be rented:
a. via a Mobile Application Rowerowe Łódzkie
b. through applying the paired-up RFID proximity card,
c. through the Contact Centre

2. Bike rental is possible in case a Client has an active account status and a minimum account balance

3. 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 and lights operate.

4. In case of discovering during the bike rental any failure of the bike, the Client is obliged to immediately report the problem to CC Rowerowe Łódzkie and return the bike to the closest Rowerowe Łódzkie Station.

5. 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.

6. It is recommended that the Client has a mobile phone with them through which connection may be made with CC if necessary.

7. The basket mounted in front of the bike is suitable solely for the carriage of light items. It is forbidden to carry items within a bike basket which protrude beyond its rim, which are heavier than 5 kg or which have sharp edges. While carrying luggage Clients ought to maintain special caution. The Client bears full responsibility for any damages stemming from improper carriage of cargo. The Operator shall not bear responsibility for damages or leaving items or goods carried in the basket. In particular, the Operator shall not bear any responsibility for the carried electronic equipment or other items which remain at risk of damaging.

8. Maximum load of a bike designated for use by 1 person cannot exceed 125 kg,

9. The use of any protection which is not a standard Rowerowe Łódzkie element in order to immobilize a bike is forbidden. The Operator reserves the right to remove inadequate protections applied by the Client. All costs of restoring bikes to the state enabling realisation of further rentals shall be borne by the Client.

10. In case of experiencing any problems with renting or returning a bike at any Rowerowe Łódzkie Station, the Client is obliged to contact CC Rowerowe Łódzkie by telephone. The rented bike ought to be used in accordance with its purpose.

11. 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.

12. The rented bike may be used in the functional area of the Rowerowe Łódzkie System. In the course of rental, the User may move beyond the functional area of Rowerowe Łódzkie, however, he or she is obliged to return to it prior to completing the rental and return it within the functional area of the Rowerowe Łódzkie System, otherwise the User will be charged with a fee in accordance with Appendix no. 1.

IX. Duration of rental

1. The Client is obliged to return the bike no later than upon expiry of the 12th hour of rental.

2. Exceeding the duration of hours in a single rental causes additional charging of frees in accordance with Appendix no. 1.

3. The Operator reserves the right to prior contact with the Client in case of any doubts concerning the state of a bike (i.e. non-standard location of a bike).

X. Repairs and failures

1. Any failures ought to be reported by phone to CC Rowerowe Łódzkie immediately upon being noticed. In case of each failure which prevents further ride the Client is obliged to stop and inform via telephone CC Rowerowe Łódzkie as well as, if possible, return the bike to the closest Rowerowe Łódzkie Station.

2. Self-repairs, modifications or replacements of parts within the rented bike are forbidden. The only authorized entity to perform these actions is the Rowerowe Łódzkie Service.

3. The Client has an obligation to have the possibility of contacting CC Rowerowe Łódzkie at all times when renting a bike.

XI. Return

1. Rentals and returns of bikes are possible solely within the borders of the functional area of the Rowerowe Łódzkie Bike System.

2 types of bike returns are distinguished:
a. free of charge, standard bike return – return of a bike to the Rowerowe Łódzkie station
b. paid bike return – return of a bike outside of the Rowerowe Łódzkie station (payable in accordance with Appendix no. 1)

2. The Client returns the bike through buckling the O-lock blockade. Bikes ought to be immobilized in such a way so that they stand stably on the wheels, supported by kickstands. Bikes must be parked at the Rowerowe Łódzkie station in line with the traffic regulations, so that they don’t hinder the road or pedestrian traffic.

3. It is possible to return a bike outside of the Rowerowe Łódzkie station solely within the functional area of Rowerowe Łódzkie System, excluding hardly accessible places i.e. private properties. In such case additional fees will be applied in accordance with Table of Charges. The Client is obliged to secure each rented by them bike through connecting O-lock Blockade. Whilst, the Client must ensure safe standstill which does not hinder bike, road or pedestrian traffic.

4. The Client is obliged to correctly return and secure the bike, as specified in clauses XI.1 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 and Appendix no. 2 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.
Fees sum up.

5. 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. Furthermore, in case of the occurrence of the above event the Client is obliged to inform CC Rowerowe Łódzkie of this fact no later than within 24 hours post the event occurrence.

XII. Charges

1. Fees are calculated according to the table of charges enclosed in Appendix no. 1 Table of Charges and Contractual Penalties, available on the website www.rowerowelodzkie.pl and within the Mobile Application of Rowerowe Łódzkie. The fee is calculated for each commenced minute of rental.

2. In case when charging the fee for the ride exceeds the means on the account the Client is obliged to top up his Account at least to reach the balance equal to 10 PLN. 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.

3. Reimbursement of charges made towards rentals may be made upon termination of the Agreement. During the term of the agreement with the Operator of Rowerowe Łódzkie system the payments towards rentals (top up amount) are non-refundable.

4. In case if the Client is in arrears with payments towards the Operator, the Operator reserves the right to pass the information on overdue amounts to entities indicated by appropriate provisions of law according to the principles stemming from separate provisions of law. The Client acknowledges that Rowerowe Łódzkie Operator is entitled to transferring the matured receivables with respect of the Client, stemming from the Agreement, onto third parties, which shall entitle these third parties to seek repayment by the given Client of these receivables. The Operator Rowerowe Łódzkie reserves the right to entrust debt collection from Clients to the debt recovery firm.

XIII. Responsibility

1. The Operator realizes services related to the maintenance of Rowerowe Łódzkie System and bears 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.

XIV. Complaints and plaints

1. A complaint is the submission by a Client of a demand of reimbursement of costs on account of non-completion or improper completion of the Service by the Operator Rowerowe Łódzkie and all other submissions by Clients.

2. Complaints ought to contain such data as: first name, surname, address, telephone number, allowing for Client identification. In case of lack of data that would enable identification of a Client, the Operator will leave such submission unattended.

3. 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 [email protected]
b. via post to the address of the Operator, specified in clause I.3
c. in person at the headquarters of the Operator.

4. 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.

5. The recommended term for submission of complaints is within 7 days from the date of the event which caused the complaint.

6. Submitting a complaint does not release the Client from the obligation of a timely realization of the obligations towards the Operator.

7. The Operator shall process a complaint within 14 days from the date of obtaining it or its supplementation, and in case of matters of more complicated nature, this period may take up to 30 days. 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.

8. Response to a complaint shall be posted to the Client via electronic post or traditional post to the correspondence address in a manner specified in the complaint. The Operator may send the response to an alternative address/ email address indicated for correspondence by the Client who submits a given complaint.

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. CC 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 CC. The appeal ought to be submitted in one of the following manners:
a. via electronic means to the email address [email protected]
b. Electronically via contact form available on the website
c. via post to the address of the Operator, specified in clause I.3
d. in person at the headquarters of the Operator.

12. The Client may:
a. direct an appeal against the decision of the Operator directly to CC within 14 days from the date of receipt of the reply to the complaint.
b. launch civil action in the adequate court.

XV. 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 [email protected] 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 reason the Client may avail of the form on withdrawal from Agreement enclosed in Appendix no. 2 to the act on consumer rights ( Journal of Laws of 2017, item 683 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. In case of withdrawal from the Agreement, the Agreement is treated as non-concluded. Should, pursuant to the demand by a User, the execution of service commence prior to the expiry of the term of withdrawal from Agreement, the User is obliged to pay for the services fulfilled until the moment of withdrawal from Agreement. The return of the services occurs no later than within 7 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement with the use of the same methods of payment which were used by the Client in the initial transaction, unless the Client indicated an alternative solution within declaration regarding withdrawal from Agreement.

XVI. Termination of the Agreement at the request of the Client

1. The Client has the right to terminate the Agreement. Termination may be submitted by the Client in the following manner:
a. via electronic means to the email address [email protected]
b. Electronically via contact form available on the website
c. via post to the address of the Operator, specified in clause I.3
d. in person at the headquarters 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. Liquidation by the Operator of Client Account within Rowerowe Łódzkie System shall be the result of Agreement termination.

3. Prior to terminating the Agreement the Client is obliged to top up the means on the Client Account to reach the balance of 0 PLN. Termination of Agreement in a situation in which the balance of the Client Account of the Client is negative remains without effect on the right of the Operator to pursue the amount equal to the unsettled by the Client amount of receivable for services provided by the Operator.

4. If the funds on the Client Account exceed 0 PLN on the day of Agreement termination they will be reimbursed to the bank account indicated by the Client, unless the Client consented to an alternative solution within Termination of Agreement. Another solution ought to be indicated by the Client within the submitted declaration. Reimbursement of funds will occur within the term up to 14 days from the date of Agreement Termination. In case when the reimbursement of funds triggers the necessity to bear additional costs on the side of the Operator in the form of transfer charges, these costs will be deducted from the funds to the reimbursement of which a Client is entitled.

XVII. Blockade of user accounts

1. The Operator reserves the right to temporarily block Client’s account in Rowerowe Łódzkie system in case of non-compliance with the conditions of bike use at TR, specified in 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 unsecured.

3. Blockade of an account may also occur in case when post bike rental by a client the bike has been lost or permanently damaged which prevents its further use at the fault of the Client.

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.

XVIII. Mobile Application Rowerowe Łódzkie

1. Mobile Application Rowerowe Łódzkie is available for download without charging any fees (free of charge) in Google Play stores and Apple AppStore as well as on the website www.rowerowelodzkie.pl.

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 Application is possible for registering within the Rowerowe Łódzkie System and after registration, in order to continue using Client Account in Rowerowe Łódzkie. The provisions of the hereby Terms of Service in the scope of conditions of use of Rowerowe Łódzkie are appropriately represented in the Rowerowe Łódzkie Mobile Application.

XIX. 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 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 (i.e. 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 client account, provided that they were not used by the Operator previously to cover the payable liabilities chargeable to the 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 CK within 14 days from the day of its posting to the Client indicates acceptance of introduced changes within Terms of Service or Privacy Policy by the Client. Written information of the lack of acceptance by the Client of changes to the Terms of Service or Privacy Policy shall constitute termination of the Agreement 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 as well as the Act on Consumer Rights.

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.

Annex no. 1 TABLES OF CHARGES ROWEROWE ŁÓDZKIE

Fees specified in the table are VAT tax inclusive

Appendix no. 2 Costs of repair and restoring of a bike at Rowerowe Łódzkie System

* may be subject to changes

Appendix no. 3 Template of authorization for the Minor

CONSENT-PARENT (LEGAL GUARDIAN) DECLARATION

I, the undersigned, hereby grant consent for the use of the Rowerowe Łódzkie System by my child.

Data of Minor

Data of Parent (Legal Guardian)