TERMS OF SERVICE
of the system for Tychowski Rower Miejski,  further referred to as TRM
[Valid from 01.08.2018r.]

I. General Provisions

1. The hereby Terms of Service shall define the principles and conditions of the use of the system of Tychowski Rower Miejski System, also called TRM (further referred to as TRM), launched in the city of Tychowo.

2. Terms of Service of TRM as well as the Privacy Policy are available free of charge on the internet website www.tychowskirower.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 Gminny Ośrodek Sportu and Gospodarki Komunalnej. with its registered seat in ul. Bobolicka 17, 78-220 Tychowo, which is the operator of TRM.

3. Contact:

Gminny Ośrodek Sportu and Gospodarki Komunalnej in Tychowo
ul. Bobolicka 17
78-220 Tychowo.
e-mail: [email protected]
tel.: 690 990 257.
(call charges in accordance with Operators’ tariffs).

4. All Nextbike systems are compatible, that is, setting up an account in one of the systems enables the use of bikes at rental stations in other cities, unless the terms of service of a given system indicate otherwise. Current list of cities in which Nextbike systems are active may be found under the following link www.nextbike.pl/o-nextbike/.

II. Definition

Whenever the Terms of Service mention:

1. Mobile Nextbike Application – this ought to be understood as mobile application enabling the use of TRM System, available on devices with IOS, Android and Windows Phone system.

2. Customer Service Office of the Tychowski Rower Miejski (CC TRM) – this ought to be understood as a service launched by the Operator, providing contact with the Operator for the Customers by means of:
a. helpline available in 7:30 AM to 10 PM under 61 815 44 54,
b. voicemail available from 10 PM to 7:30 AM under 690 990 257,
c. electronic post under the address [email protected]. Information regarding the functioning of CC is available on the internet website www.tychowskirower.pl.
d. during working hours of Stationary Customer Service Office, Urząd Miejski in Tychowo, room number 21, at the street Bobolicka 17, 78-220 Tychowo. Opening hours: Monday – Wednesday: 7:30 – 15:30; Thursday: 7:30 – 16:00; Friday: 7:30 – 15:00.

3. Account blockade – this ought to be understood as preventive measure consisting in preventing the use of TRM system of which the Operator may avail in case of breaching by a Client of the provisions of the hereby Terms of Service, in particular, a breach that constitutes a damage to the property of Gmina Tychowo and the Operator.

4. Promotional voucher – ought to be understood as a voucher offered by the Operator which facilitates topping up of Client Account. The voucher amount and its designation is established by the Operator and it is non-refundable. The means from the voucher are used in the first place, prior to the means paid in by the Client.

5. Electric lock – ought to be understood as a mechanism which releases and blocks the bike in the station.

6. Client Identifier – ought to be understood as individual user number granted to the Client, which corresponds to the mobile telephone number submitted during registration and a 6-digit PIN number. Any RFID proximity card may also constitute an identifier. Details concerning registration and Client identifiers have been described in Section V. Registration.

7. Client – this ought to be understood as participant of TRM System who has accepted the Terms of Service and conducted registration at the TRM System. Personal data of Clients are processed and made available in accordance with the consents granted by them within the TRM System.

8. Client Account – this ought to be understood as Client account created in the course of registration, for the purposes of using the TRM System, as well as charging in accordance with Annex no. 1 to the Terms of Service.

9. Cost of repairs – this ought to be understood as a list of damaged parts and services related to their replacement, constituting Annex No. 2 to these Regulations.

10. Top up amount – this ought to be understood as an amount of top up at the level of minimum 1 PLN, paid towards rentals onto the Client Account.

11. Minimum Account Balance – this ought to be understood as funds remaining on the Client Account the level of which cannot be lower than 10 PLN. Bike rental is possible exclusively when a Client is in possession of a minimum of 10 PLN on their account.

12. Operator – this ought to be understood as Gminny Ośrodek Sportu and Gospodarki Komunalnej. with its registered seat in ul. Bobolicka 17, 78-220 Tychowo.

13. Initial fee – this ought to be understood as the amount of initial fee within TRM System, which equates to 10PLN gross (in words: ten zloty) and which is made by the Client upon registering in TRM System the payment of which constitutes an initial top up towards the top-up amount.

14. Investigation procedure – this ought to be understood as legal activities undertaken by the Operator, targeted at establishing the circumstances and events that occurred in relation to the use of bikes, in particular, related to the breach of terms of service, accidents and collisions or damages to the property of the Operator.

15. RODO/GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

16. Terms of Service – this ought to be understood as the hereby Terms of Service, defining the principles and conditions of availing of TRM, and in particular, the scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in the TRM system.

17. Standard Bike – this ought to be understood as the basic type of bike made available by the Operator in the TRM System. The bike is designated for persons who are above 13 years of age. Bike carrying capacity amounts to 120 kg. Whilst, it is assumed that a Bike is designated solely for one person’s use.

18. Tandem bike – it should be understood as a bicycle designed for use by two people with a total weight of 227 kg.

19. TRM Service – actions performed by the Operator in relation to the exploitation, repairs and maintenance of TRM.

20. TRM Standard station – set of bike stands with the devices for self-registration in the TRM system and for rental of bikes through TRM Terminal. List of TRM Stations may be found on the internet website www.tychowskirower.pl.

21. User zone – this ought to be understood as administrative borders of the Gmina Tychowo, it is assumed that renting and returning a bicycle can only take place at the stations in Tychowo.

22. Internet website – this ought to be understood as a website launched by the Operator www.tychowskirower.pl which contains the necessary data for commencing and further use of TRM.

23. TRM System – this ought to be understood as the 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.

24. Table of charges and penalties – this ought to be understood as the price list of services and charges of TRM, which constitutes an integral part of the Agreement. Price list enclosed in Annex No. 1 to the hereby Terms of Service which is available on the internet website www.tychowskirower.pl.

25. TRM Terminal-this ought to be understood as a device for self-rental of bikes located in TRM Stations.

26. Agreement – this ought to be understood as the Agreement between a Client and the Operator which establishes mutual rights and obligations specified in the 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 TRM and subject to submission by the Client of a declaration of acceptance of Terms of Service, submission of declaration on granting consent for personal data processing and initial fee payment paid during the registration process of the Client in TRM. Personal Data Administrator shall be Gmina Tychowo.

27. Bike rental – this shall be understood as a rental of a bike from a TRM Station by means of Client Identifier or via another method as specified in section VII point 2. Rental process has been specified in detail in Clause VII of the Terms of Service.

28. Return of bike – this ought to be understood as returning the bike to TRM Station. The process of bike return is specified in Clause X of the Terms of Service.

III. General rules of use of TRM

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

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

3. Persons above 13 years of age who have not attained the age of 18 (further referred to as minors) must, prior to conclusion of Agreement, submit to the Operator a written consent of one of the parents or legal guardians for the conclusion of the Agreement, as well as a statement on assuming responsibility by the parents or legal guardians on account of any potential damages, caused in particular as a result of non-performance or improper performance of the Agreement and on account of any ongoing liabilities defined in Tables of charges and penalties as well as Cost related to repair and restoring of a bike in TRM System. Within the statement the parents or legal guardians undertake to top up the account of the minor within TRM System in a way so as to ensure that the account is active at the time of rental (VII, Clause 1). In order to maintain a written form of legal action the Guardian is obliged to submit a handwritten signature on the consent. Scan of the letter must be posted via electronic means to the email address [email protected], and send the original via post to the address of the Operator or submitted in persons at the headquarters of the Operator.

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 a bike is allowed within the User zone.

7. Parties to the Agreement undertake to mutually inform one another of any changes to the addresses or other data identifying the parties, which have been indicated during registration in the system.

IV. Responsibility/ Obligation

1. The Client is responsible for the use of a bike in accordance with its purpose and with the provisions of the Terms of Service. In the event of non-compliance with the conditions contained within the Terms of Service of the Operator, he shall be entitled to block the Client’s account. Detailed conditions regarding the blockade of the account have been specified in Clause XVI 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 TRM System.

3. The use of bikes via TRM System may take place solely for non-commercial reasons.

4. The Client is responsible for the bike/all the bikes he rents at a given time from the moment of rental from a TRM Station to the moment of their return to the TRM Station. In particular, the Client is obliged to undertake actions in order to prevent any damages or theft of the rented bike which may occur from the moment of renting the bike at any TRM Station to the moment of its return to any TRM Station.

5. In case of a theft of a bike which occurs during the rental the Client is obliged to inform CC TRM of this fact and immediately report the theft (robbery) to the closest Police station.

6. The use of TRM System bikes by persons under the influence of alcohol or other narcotic substances, psychotropic substances or equivalents in the meaning of provisions on counteracting drug addictions; strong anti-allergic drugs, other medicine which by definition are forbidden or recommend not to be applied for drivers of any vehicles, is forbidden.

7. The Client bears full and total responsibility and undertakes to cover any tickets, fines, fees etc. obtained by the Client, related to the use of the bike and imposed on them out of their own fault. The Client bears no responsibility for fines, tickets, fees etc. which have been imposed on them and which result from Operator’s fault.

8. In case of proven damages resulting from improper use of the equipment which is part of TRM System, the Client agrees to cover the costs of repair and restoring of the equipment in order for it to be restored to the state prior to rental. The Operator shall submit an adequate receipt or VAT invoice to the Client for completion of the necessary repair works.

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 TRM.

10. Any purposeful damages to the property of TRM System, which is owned by the Gmina Tychowo, will result in commencement of court proceedings. The Operator reserves the right to recover any justified costs, including costs of legal representation, from the person who caused damages or destructions.

11. The Client is responsible for any potential damages which may arise as a result of non-performance or improper performance of the Agreement to the full amount, whilst, one of the elements of the damage may be the so called cost of bike restoration, specified in tables of charges and penalties as well as table of costs of repair and restoring of bike in TRM System.

12. The users are forbidden to transport the bikes in the system via vehicles and other means of transport, owned by private persons.

V. Registration

1. Prior registration of Client, acceptance of the provisions of the Terms of Service, indication of personal data required upon registration and maintaining of the minimum account status (10PLN) are the necessary condition for using the TRM System.

2. Registration may be realized through:
a. TRM Terminal located at the station,
b. Website www.tychowskirower.pl,
c. mobile Nextbike application,
d. Telephone contact with CC TRM,
e. during a personal visit to CC TRM.

3. During the registration process through the website www.tychowskirower.pl, via the Nextbike application or telephone contact with the CC TRM 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, email address,
c. PESEL number,
d. mobile phone number,
e. payment card number in case of payment card payment with the possibility of debiting (optional).

4. During the registration process in TRM Terminal the Client indicates the following personal details,
a. mobile phone number,
b. name and surname,
c. if you want to top up your account: payment card number with possibility of debiting.
The remaining data specified in clause 3 letter b, c and d are obligatory to be submitted by the Client no later than within 24 hours from the moment of registration. In case of lack of submission of data within the indicated term, the account will be blocked. Unblocking of the account will occur at the time of indication of correct and full data.

5. In order to complete the process of registration an email will be sent to the indicated email address, containing a link designated to confirm the data by the Client. Once the link has been authorized, the account will be verified. Lack of confirmation of fata within 24 hours from the moment of obtaining the email, through clicking on the verification link will cause failure to complete the registration process within the TRM System and through this-a blockade of the account.

6. Client accounts containing incorrect personal data data with 0PLN account balance may be automatically removed from the TRM database.

7. During the registration process at TRM Terminal the Client enters the PIN code of his own. Whilst, during the registration via: internet website, Nextbike mobile application and CC TRM – PIN code is generated automatically. Post registration the Client receives a confirmation from TRM System regarding a successful registration as well as his individual PIN code which, together with an indicated mobile phone number, constitutes Client Identifier in the TRM System.

8. In order to streamline the process of logging in at the Terminal, the Client has the possibility to attach the RFID card to his TRM account. 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. Electronic Student Identification Card, that is proximity, personalized electronic card (chip+RFID) with its unique, encoded number together with PIN number,
c. 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 relevant acts together with PIN number. Terminals are adjusted for cooperation with PayPass and PayWave types of products.
After logging in on his account on the website www.tychowskirower.pl, the Client may turn off the PIN code through marking the following option: Upon each rental and return, in order to ensure my safety, please ask me about my PIN number. This option allows for rental/return of a bike at the terminal without the need to indicate a PIN code with the use of the following methods of identification: b, c and e.

9. The condition for registration is to provide true data, acceptance of the conditions set out in these Regulations. The Controller of Personal Data is Gmina Tychowo, ul. Bobolicka 17, 78 – 220 Tychowo, processes personal data as indicated in the registration form, pursuant to art. 6 act 1 b) of RODO/GDPR, for the purposes of execution of Agreement and for the period of its duration, as well as for the purposes related to the marketing of products and own services as specified in art. 6 act 1 a) of RODO/GDPR as well as in the scope and purpose of processing of personal data to which a persons whose data it concerns consented.

10. Providing personal data is voluntary, but necessary for the implementation of the Agreement; the lack of personal data prevents the use of the TRM service. Information on the security of personal data is available in the Privacy Policy at the website: www.tychowskirower.pl.

11. Any person, whose data are in question, has the right to access such contents, possibility of their amendment, correction, deletion or limiting the processing, right to transfer data and for an objection to be expressed against their processing- which will result in immediate removal of personal data. Furthermore, any person, whose data are in question, has the right to withdraw the consent for their processing at any time without impact of compliance with law of processing, which was made pursuant to the consent prior to its withdrawal.

12. Personal data in the scope specified in par. 3 above are processed solely for the purpose of execution of the Agreement and in the scope and purpose of the consents expressed by the Client and they may be made available to other entities cooperating with Gmina Tychowo, exclusively within the limits of the provisions of law in place. Personal data are processed, stored and secured in accordance with the principles specified in the binding legal provisions.

13. The Operator reserves the right to contact Clients regarding matters related to Agreement realization.

14. The Client may further grant consent for receiving via text messages and electronic post information materials concerning services provided by the Administrator/Operator within the framework of TRM. Receiving information materials and disclosure of the above noted data is at all times voluntary and the Client may at any time withdraw from obtaining these materials or questionnaires.

15. The content of individual transactions / rentals is available only to the parties to the Contract. Every customer who has completed the registration procedure, after logging in, has access to all of their transactions / rentals for the period of their storage in the IT system. Customer Data regarding individual transactions / rentals are stored by the IT system of TRM. If there are no arrears in terms of fees for the use of bicycles, and data on individual transactions are no longer necessary for the purpose which they were collected, they are deleted as soon as the Customer applies for their removal. In the case of lodging a complaint, these data are kept until the complaint procedure is completed and any proceedings initiated by it, the customer’s complaint is identified and for evidence purposes. In the event of a notification within this period (e.g. claims for redress, compensation for damage) – the data is processed in the time necessary to determine the possible liability of the Administrator/Operator/Customer and implementation of the decision made in the case.

16. The Personal Data Controller – undertakes to keep personal data confidential and not to disclose them to other entities, unless the customer explicitly authorises it, or such authorisation will result from the law. This obligation remains in force after the legal relationship between the Lessee and the Operator expires.

17. In order to adapt the content and services to the individual needs and interests of customers, the Administrator/Operator uses the so-called cookies, i.e. information saved by the Service server on the Customer’s computer, which the server can read every time you connect to this computer. Cookies provide statistical data on Customer traffic and their use of individual websites of TRM and enable efficient provision of Services. The customer may at any time disable the option of accepting cookies in their browser, however this may cause difficulties and even prevent the use of the TRM System.

VI. Payment methods

1. Payment for services and products offered within the TRM system may be conducted through:
a. crediting the pre-paid Client Account via bank transfer or through payment via payment card, in particular, via www.tychowskirower.pl portal from which the means will be charged in the amounts as indicated in Tables of charges and penalties, and subsequently transferred to the account of the Operator,
b. launching the order of debiting the credit card with which the charging of payment of a minimum of 10 PLN is related, in cases specified in clause VII 1 (b). This might be conducted by means of entering credit card number within the TRM Terminal during contact with CC TRM as well as by means of mobile application Nextbike.

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

3. At Client request, the Operator will issue a VAT invoice covering the paid journey. 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.

4. 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. Rental of a bike is possible provided that the 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 CC TRM, through which these means are automatically transferred.

2. Standard Bike Rental is possible at any Standard TRM Station post prior launch of TRM Terminal, logging in and proceeding according to the displayed messages on the device of TRM Terminal. Release of electric lock is signalized via adequate message displayed on the TRM Terminal as well as a sound signal. During the rental the Client obtains the number for the code lock which releases a safety rope within the rented bike. This number may be confirmed until the return of the bike at the TRM Terminal, on Nextbike mobile application as well as in CC TRM. The Client is obliged to ensure that the standard bike is equipped in protective rope, also called a clamp, prior to rental. In the event when it is missing, the Client is obliged to contact CC TRM and inform it of the absence of a clamp. A rental may also be performed by means of mobile application Nextbike or by contacting CC TRM.

3. The Client is obliged to ensure, prior to commencing the ride, that the bike is fit for use, in particular:
a. the bike tyres are inflated, the brakes work,
b. it has a working safety rope, also called a clamp (in case of Standard).

4. Once each type of a bike is released, the Client is obliged to secure the rope in such a way so as to prevent it getting into the wheel.

5. In case of discovering during the bike rental any defects of the bike, the Client is obliged to immediately report the problem to CC TRM and return the bike to the closest TRM Station dedicated for a given rented type of bike.

6. Rental and use of an unfit bike by the Client may result in his liability for any defects or damages resulting from the use, in case when the Client could have been able to identify the unsuitability of the bike.

7. It is recommended that the Client has, during rental, a working mobile phone in case of a necessity to contact CC TRM.

8. The basket mounted in front of the bike is suitable solely for the carriage of light items. In order to ensure safety and at the risk of damaging the bike it is not allowed to place any heavy items within the basket. When transporting items heavier than 5 kg in the basket, special care should be taken. The maximum weight of items within the basket cannot exceed 5 kg. Items placed in the basket may not hang out of the rim of the basket and they should not contain any sharp edges. If an accident occurs due to inappropriate use of the basket, the Client bears responsibility for it and will cover any costs arising from it. The Operator shall not bear responsibility for damages or leaving items or goods carried in the basket. In particular, the Operator will not bear any responsibility for the carried electronic equipment being the property of a Client.

9. The maximum load of:
a. Standard Bike, designated for use by 1 person cannot exceed 120 kg,
b. A tandem bicycle, designated for use by 2 people, cannot exceed 227 kg.

10. The holder placed in tandem bikes is used exclusively for transporting beverages. It is the responsibility of the user to ensure that the beverage being transported is protected in a way that prevents it from falling out while driving. If the accident occurs due to improper use of the holders, the Customer is liable and the resulting costs. The operator is not liable for damage to goods or objects carried in the holder.

11. In case of any problems with the rental or return of a bike at the TRM Station, the Client is obliged to contact CC TRM via telephone. The employee of CC TRM will inform the Client of further actions to be taken. The rented bike ought to be used in line with its designation. The TRM bike as a transport means is designated to move between TRM Stations. It is not allowed to use TRM bikes for mountain rides, jumps, stunt tricks, as well as racing and using the bike to pull or push anything.

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 CC TRM immediately after being noticed. In case of each failure which prevents further ride the Client is obliged to stop and inform CC TRM via telephone as well as return the bike to the closest TRM Station.

2. It is forbidden to conduct any repairs, modifications or replacements of parts within the rented bike on one’s own. The only authorized entity to perform these actions is TRM Service.

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

X. Return

1. The Client is obliged to correctly return the Standard through:
a. Placing the bike in a dedicated TRM Standard Station and connect the bike with a free electric lock, which constitutes an integral part of the stand. Correct blocking of a bike in a stand is confirmed by a sound signal and a physical locking of the bike in a stand;
b. Returning the bike to TRM Standard Station and bike’s return with the use of a code lock (solely at a station in which the Client has no possibility of connecting the bike to the electric lock, i.e. When there are no free spots or in case of TRM Standard Station failure), connecting the bike to a stand or to another bike (correctly secured by connecting to the electric lock or secured by a clamp) located at the Standard TRM Station, blocking the lock (through adjusting the digits) and pressing the “Return” button on the electronic part of the Terminal and proceeding in line with instructions displayed on the screen. Upon blocking the lock, the Client may also return the bike via mobile application Nextbike or through contacting CC TRM. In order to enable a return of bike by means of telephone contact with CC TRM, the presence of a Client at the Station on which the bike return is to be conducted is required;
c. In case of occurrence of any difficulties related to the bike return, the Client is obliged to immediately contact the helpline of CC TRM. Whilst, it is assumed that in order for the bike return to be carried out by means of telephone contact with CC TRM, the Client ought to be present at the Station on which a given bike return is to be carried out.

2. The Client is obliged to correctly return and secure the bike, as specified in clauses X.1 to X.3 under the pain of:
a. Charging of fees for the use of bikes in accordance with the accepted price list and, in case of rental exceeding the 12-hour period of time, charging of additional fee in the amount of 200 PLN;
b. Charging of fees for the loss, theft or damage to the bike in accordance with Annex No. 1 and Annex No. 2 of the hereby Terms of Service;
c. Charging of penalty for the bike return in another location than the dedicated Station in accordance with Annex No. 1 to the Terms of Service;
d. Temporary or permanent blocking of Client Account.

3. The fee for improper return of the bicycle referred to in section X.2.c is calculated on the basis of the costs specified in the Table of Fees and Penalties in the position of Returning the bike in a different place than the dedicated station.

4. 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 TRM no later than 24 hours post the occurrence of such event.

XI. Charges

1. Charges are calculated according to the rates specified in the Tables of Charges and Penalties Contractual, constituting an annex to the Terms of Service, available at www.tychowskirower.pl and in TRM Terminals. The basis for the calculation of a charge is the number of minutes of rental, measured from the moment of bike rental to the moment of connecting the bike with electric lock or obtaining the confirmation from the TRM 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. Fee for single rental bike is a sum of receivables for subsequent time intervals.

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 twenty minutes of rental is calculated and subsequent paid forty minutes of rental.

4. 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 0PLN within 7 days. In case of failure to settle overdue payments, the Operator reserves the right to commence adequate legal steps against the Client, targeted at obtaining the payment on account of the realized Agreement. The Operator is entitled to calculate statutory interest from the amounts overdue calculated from the day of factual repayment made in full.

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

6. In case of obtaining a promotional voucher, the top up amount of Client account and its designation are established by Operator and it is non-refundable, that is there is no possibility of obtaining payment of funds. The means from the top up are used in the first place, prior to the means paid in by the Client. In case of promotional vouchers, details regarding the amount, the validity term and the reasons for granting them are defined within the Terms and Conditions of Promotions, available on the system website.

7. Non-used funds are transferred from season to season and are not subject to cancellation.

8. In case of Client falling behind with payments due for the Operator, the Operator of services reserves the right to pass the information regarding the overdue payments to the entities indicated by the relevant provisions of law. The Client acknowledges that TRM Operator is entitled to transfer the payable liabilities he is entitled to from the Client, resulting from the Agreement, onto third parties, which will authorize these third parties to recover these liabilities from the Client. TRM Operator reserves the right to entrust recovery of liabilities owed by the Client to debt-recovery firms.

XII. Responsibility

1. The Operator realizes the services related to the maintenance of TRM and bears full responsibility for its proper functioning.

2. The Operator will be liable for damages resulting from improper execution or non-execution of the Agreement, unless the improper execution non-execution results from circumstances for which the Operator is not responsible, excluding damage caused by the Operator due to intentional fault.

3. Claims and complaints resulting from them, Customers should direct to the Operator.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.

4. The Operator reserves the right to share the Customer’s data if the obligation to disclose to entitled persons results from the applicable provisions of law.

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 [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.

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, mobile telephone number, which would allow for an identification of the Client will not be considered.

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

6. The Operator reviews the complaint within 14 days from the date of obtaining it or supplementing it, and in particularly complex matters this occurs within 30 days , while in case the complaint concerns the transaction conducted with the use of payment card it might take up to 90 days from the date of the complaint submission. In case of the necessity to supplement the complaint the term for reviewing the complaint commences on the day of receipt of documents by the Operator which supplement the 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 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.

8. The consideration of a complaint consists of an identification of the problem, assessment of its justification and settlement of the problem submitted by the Client or a conduct of adequate actions in order to remove any potential irregularities, causes of their occurrence and to grant a thorough, professional in form and in content reply.

9. CC TRM issues a reply which includes the position of the Operator regarding the complaint, its justification and the information regarding the appeal procedure.

10. 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 TRM. The appeal ought to be submitted in one of the following ways:
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. person at the headquarters of the Operator.

11. 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.

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 [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 Annex no. 2 to the act on consumer rights (Journal of Laws of 2014, item 827 as amended), however, this is not obligatory.

3. In case of withdrawal from the Agreement, the Agreement is treated as non-concluded. In case of withdrawal from the Agreement each party is obliged to return to the other party all the items it obtained on the basis of the Agreement. The return of the services occurs no later than within 14 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement. The return of payment is conducted with the use of the same payment methods which were used by the Client in the initial transaction, unless within the declaration of withdrawal from the Agreement the Client agreed to another solution. Another solution ought to be indicated by the Client within the submitted declaration.

4. If the Agreement is terminated, the Agreement shall be considered null and void, but the Parties exclude the possibility to withdraw from the Agreement within the extent to which it has already been realized. Reimbursement will be made no later than 14 days from the date when the Operator receives the notice of withdrawal from the Agreement, using the same payment methods as those used by the Client in the original transaction, unless the Client indicated another course of action in the notice of withdrawal from the Agreement.

XV. 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. via post to the address of the Operator, specified in clause I.3,
c. 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 the TRM System is the result of agreement termination.

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

4. If the funds on the Client Account exceed 0PLN 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 the 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 30 days from the date of Agreement Termination. In case when reimbursement of funds is related to the necessity of incurring additional costs on the side of the Operator, in the form of transfer fees, these costs will be deducted from the funds which the Client is entitled to be reimbursed with.

XVI. Blockade of User Accounts

1. The Operator reserves the right to a temporary or permanent blocking of Client Account within the TRM system in case of non-compliance with the conditions of use of TRM bikes, included within the hereby Terms of Service.

2. In particular, the blockade may occur, when the Client:
a. Has not filled out personal data in detail, as specified in clause V.3 of the hereby Terms of Service,
b. Uses the bike contrary to its designation,
c. Leaves the bike at a place other than the dedicated Station,
d. Leaves the bike unsecured.

3. The account blockade may occur also in case when after the bike rental by the Client, the bike has been lost.

4. Permanent blockade of Client Account prevents any future set up of a new account and is an equivalent of termination of Agreement with a given Client by his fault.

XVII. Nextbike Mobile Application

1. Nextbike Mobile Application is available for download free of charge at Google Play and Apple AppStore stores.

2. The use of Mobile Application is possible by means of telephones with adequate, up to date Google Android or Apple IOS system as well as access to Internet.

3. The use of Nextbike Mobile Application is possible upon registering in the Nextbike System. The provisions of the hereby Terms of Service in the scope of conditions for the use of TRM are applicable to Nextbike Mobile Applications respectively.

XVIII. Final Provisions

1. The acceptance of the hereby Terms of Service and the rental of the bike and a declaration of the health state which prevents safe movement on a bike; ability to ride a bike; possession of permissions required by provisions of law and knowledge of road traffic provisions.

2. The Operator reserves the right to terminate the Agreement within a notice period of 14 days in case the Client breaches the provisions of the hereby Terms of Service (i.e. 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 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 TRM 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. A written information regarding lack of acceptance by the Client of changes made to the Terms of Service or Privacy Policy is equivalent to termination of 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.

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.

Appendix no. 1 Table of Charges and Penalties

Fees specified in the table are VAT tax inclusive

Appendix no. 2 Costs of repair and restoration of bikes

* may be subject to changes