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Terms

Rules and Regulations

of the Powiatowy System Rowerowy

Valid from 1 September 2021
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I. General Provisions
1. The hereby Rules and Regulations specify the principles and conditions of using the Powiatowy System Rowerowy (hereinafter: PSR), launched and operating within the administrative borders of the Sokołów Poviat.
2. The PSR as well as the Privacy Policy are available free of charge on the internet website www.powiatowyrower.pl in such a way so as to enable familiarising with the content, obtaining, broadcasting and recording it. This document may be obtained at the Poviat Starost Office in Sokołów Podlaski as well as at the headquarters of Nextbike Polska S.A. under restructuring with its registered seat in Warsaw, which is the PSR Operator.
3. Contact:
Nextbike Polska S.A. under restructuring
ul. Przasnyska 6b
01 – 756 Warszawa
e-mail: ck@powiatowyrower.pl
tel.: 25 748 43 43
4. The PSR system is compatible with other systems of the system supplier, company Nextbike Polska S.A. under restructuring with its seat in Warsaw, that is, setting up an Account in one of the systems enables the use of bike rentals in other cities, unless the Rules and Regulations of a given system state otherwise. The condition for use of bike rental stations in other cities is the acceptance of the Rules and Regulations of other systems. The current list of cities in which Nextbike systems are active may be found under the following address https://nextbike.pl/o-nextbike/.
II. Definitions
1. Nextbike Mobile Application – mobile application enabling the use of PSR. The use of Mobile Application is possible on smartphone type of devices with an adequate, valid Android or iOS system, which facilitates the download of Mobile Application from an online store. The Application is available for download free of charge at Google Play stores and Apple AppStore, whilst permanent access to the Internet as well as registration of Client Account within PSR System is a condition for its download and use.
2. Adapter – an element mounted on the fork of the PSR bike front wheel, which connects the bike with an electric lock.
3. Account Blockade – a preventive measure consisting of preventing the use of PSR, which may be applied by the Operator in case of breaching by the Client of provisions of the hereby Rules and Regulations, in particular in case of a breach which constitutes a damage to the property of the Poviat.
4. Promotional Voucher – a voucher offered by the Operator which enables topping up Client Account. The amount of the Promotional Voucher that credited Client Account is not refundable. It is used prior to the use of the funds paid by the Client. Details concerning: the amount level, validity period and the reason for awarding the Promotional Voucher are set out each time in a separate document of promotional terms and conditions, elaborated by the Operator and made available on the Website https://www.zglosrower.pl/.
5. Price List and Table of Fees – price list of PSR services and charges, constituting an integral part of the Agreement. Price List and Table of Fees constitutes Appendix no. 1 to the hereby Rules and Regulations and is available on the internet website as well as within the Nextbike Mobile Application.
6. PSR Contact Centre (CC PSR/CC) –a service that ensures contact with the Operator by means of:
Infoline available 24/7 at the following number: 25 748 43 43
electronic post under the address ck@powiatowyrower.pl
Information on the functioning of the Contact Centre can be found on the website www.powiatowyrower.pl
7. Duration of Rental – time counted from the moment of Rental (releasing of electric lock combined with a sound signal) until the moment of Bike Return through connecting it to an electric lock and blocking the Bike. In case of lack of free electric locks, through connecting the Bike with digital lock to the stand or to another correctly secured Bike located at a PSR Station. After the code lock is locked, the Bicycle Rental should be terminated by means of the Terminal, the Mobile Application or by contacting CC. Simply attaching the Bike is not equivalent to returning it.
8. Electric lock – a mechanism which releases/blocks PSR Bikes in the docking station. Electric lock constitutes an integral part of each stand at the Station of PSR Bikes. Its automatic closure and blockade of a Bike is combined with a sound signal.
9. Client Identifier – an individual number assigned to the Client, corresponding to the number of the mobile phone indicated during registration and a 6-digit PIN number. Any RFID proximity card may also constitute an identifier. Details on the registration and Client IDs have been specified in Chapter VI. Registration.
10. Client/ User – any natural person, participant of the Powiatowy System Rowerowy who have accepted the Rules and Regulations and who have carried out registration in the PSR System through which they have concluded an Agreement with the Poviat for and on behalf of which the Operator acts.
11. Client Account/Account – personal Client Account created during registration for the purposes of using PSR System as well as charging fees in line with Appendix no. 1 to the Rules and Regulations. The Client may link compatible cards and mobile devices with his or her account at PSR in accordance with the RFID standard, facilitating the process of Bike Rental.
12. Top-up amount – an amount paid at the minimum level of 1 PLN.
13. Minimum Account balance – a minimum balance which the Client ought to have in order to be entitled to a Bike Rental.
14. Operator – a company Nextbike Polska S.A. under restructuring realizing the service of PSR maintenance, with its registered seat at ul. Przasnyska 6b, 01-756 Warszawa, entered into the Register of Entrepreneurs of the National Court Register, maintained by the District Court for the city of Warsaw in Warsaw, XIV Economic Department of the National Court Register under the following numbers: RS 0000646950, REGON 021336152, NIP 8951981007
15. Initial fee – an amount for the registration in Powiatowy System Rowerowy, paid by the Client in relation to the registration and account activation in PSR. The level of initial fee has been defined in Appendix no. 1. The initial fee is a one-off payment.
16. Privacy Policy – a document specifying the conditions for the processing of personal data of the Client by the Poviat. Privacy Policy is available under the link www.powiatowyrower.pl/polityka-prywatnosci/.
17. Explanatory proceeding – 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 the Rules and Regulations, accidents and collisions or damages to the property of the Poviat.
18. Poviat – The Sokołowski Poviat seated ul. Wolności 23, 08-300 Sokołów Podlaski, REGON: 711581771, NIP: 823-16-27-536, with which the Client concludes the Agreement.
19. Powiatowy System Rowerowy/PSR – a system of Bike rental stations launched by the Operator which includes, in particular, Bikes, technical infrastructure, software and devices enabling Rental and Return of Bikes.
20. Rules and Regulations – the hereby Rules and Regulations shall define the principles and conditions of availing of the PSR System, and in particular, conditions, scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in the PSR System.
21. Standard Bike/Bike – a basic type of bike made available within the PSR System Bikes of this type are designated for use by one person who completed the age of 13 and is more than 150 cm tall. Bikes of this type have wheels with rims measuring 26 inches and their load capacity amounts to 120 kg. Bikes are equipped in baskets at the front the actual bearing capacity of which amounts to 5 kg. Bikes are designated for use solely by one person.
22. PSR Service – actions performed by the Operator in relation to the exploitation, repairs and maintenance of the PSR System.
23. PSR Station – location of Rental and Return of PSR Bikes by Clients by means of bike stands, marked with PSR symbols on the Terminal. Information about locations of the PSR stations may be found on the internet website as well as in the Mobile Application.
24. User zone – administrative borders of Sokolowski Poviat.
25. Website – an internet website launched by the Operator www.powiatowyrower.pl, which contains all necessary data for the commencement and subsequent use of the PSR system.
26. Terminal – a device designated, among others: for registering Clients in the PSR System, Rental and Return of Bikes.
27. Agreement – Agreement between the Client and the Operator which establishes mutual rights and obligations specified in the hereby Rules and Regulations. It is considered that the Agreement containing the provisions of the hereby Rules and Regulations shall be automatically concluded at the time of Registration of the Client within the PSR system, subject to submission by the Client of declaration of acceptance of Rules and Regulations, indication upon registering of personal data and making of the Initial Fee. The Sokołowski Poviat is the Personal Data Controller.
28. Bike Rental/ Rental – unblocking of the Bike by means of Client Identifier or via another method as specified in Clause VI.5 in order to commence a journey. Rental process is specified in detail in Clause VII. of the Rules and Regulations.
29. Digital lock / clamp – additional line designated for securing the Bike. It comprises an accessory of every Bike.
30. Bike Return/Return – returning a PSR Bike to a PSR Station. The process of Return is specified in Clause IX of the Rules and Regulations. Simply securing the Bicycle with a digital lock not be construed as a Return.

III. General principles of using Powiatowy System Rowerowy.
1. The Client may register one account within the Powiatowy System Rowerowy.
2. The condition for the use of PSR System is the submission by the Client: of personal data required upon registration, the acceptance of conditions defined in the hereby Rules and Regulations, as well as payment of initial fee and clicking on the activation link. The condition for the use of PSR is, furthermore, maintenance of a minimum top up level on the Client Account during the time of each rental, in the amount of no less than 10 PLN.
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 PSR System subject to the consent of their Parent or Legal Guardian. 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 they undertake to cover ongoing commitments specified in Appendix no. 1. It is required that consent of at least one of the parents or legal guardians for the use of Account by a minor is submitted to the Operator:
a. in the form of a scanned letter via electronic means to the address: ck@powiatowyrower.pl,
b. via registered letter sent to the address of the Operator,
c. submitted in person at the headquarters of the Operator,
The consent should include:
d. telephone number of the minor for which the Account is registered,
e. first name and surname of the parent or legal guardian,
f. consent for the use of PSR System by the minor,
g. first name and surname of the minor,
h. date of birth of the minor,
i. handwritten signature of the parent or legal guardian,
j. date and place of granting the consent.
Sample consent may be found at www.powiatowyrower.pl
4. A necessary condition for the use of rented bikes by minors is holding a valid authorization to use a bike on the roads.
5. The Client may rent up to four Bikes simultaneously.
6. The use of Rented Bikes is permitted within the User Zone, subject to the provisions of Clause VII.10 of the hereby Rules and Regulations.

3. 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 PSR system.

IV. Responsibility and commitment
1. The Poviat shall not bear the 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 User, or for any other damages for which the User is responsible, with the exclusion of damages caused by the Poviat purposefully.
2. The Client undertakes to abide by the conditions set forth in the hereby Rules and Regulations and, in particular, to make the agreed fee payment and use the Bikes in accordance with the principles specified in the Rules and Regulations.
3. The Client is responsible for the use of the Bike in accordance with its designation and in line with the provisions of the Rules and Regulations as well as the applicable law. In the event of non-compliance with the conditions contained within the Rules and Regulations, the Operator shall be entitled to block the Client Account. Detailed conditions related to such blocking have been specified in Clause XI of the hereby Rules and Regulations.
4. The Client shall be responsible for all damages and demolitions stemming from non-compliance with the Rules and Regulations. The Client may be charged with the costs of Bike restoration specified in Appendix no. 1 to the Pricelist and Table of Fees. The Operator shall be entitled to pursue claim on account of such fees.
5. 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 shall not bear any responsibility for tickets, fees etc. which have been imposed on them and which stem from the Poviat’s fault.
6. Bikes constitute a supplementation of public transport. It is not permitted to use PSR Bikes for mountain trips, jumps, stunts. Racing and using the Bike in order to pull or push anything is forbidden. 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.
7. The use of PSR 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.
8. Transport of PSR Bikes by means of vehicles and other means of transport owned by private persons is forbidden. The ban shall not apply to public transport, provided that the Rules and Regulations of transport allow such a possibility.
9. The use of any protection which is not a standard PSR System element in order to immobilize the bike is forbidden. The Operator reserves the right to remove inadequate protections applied by the Client.
10. The Client is responsible for the Bike he or she rents from the moment of Rental to the moment of Return.
11. 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 contractual penalty in accordance with Appendix no. 1 for each lost Bike.
12. Any purposeful damaging of the Poviat’s property shall result in the necessity to cover the costs of repair and restoration and, consequently, it may result in launching court proceedings in this regard. The Operator shall be entitled to pursue reimbursement of all justified costs from the creator of damages and destructions.
13. The Client undertakes to return the Bike in the same state as it was in at the time of Rental. In particular, the Client is obliged to undertake actions targeted at preventing staining of the bike or occurrence of any damages outside of the standard use as well as theft of the rented Bike.
14. In case of theft of the Bicycle during the Rental Time, the Client is obliged to notify CC immediately after noticing the event.
15. In case of improper Bike Return out of the Client’s fault, the Client bears the responsibility for any potential theft or damage. In case of difficulties with returning the Bike, the Client is obliged to contact the PSR CC.

V. Payments.
1. Fees within the PSR system are charged in accordance with Appendix no. 1 to the Pricelist and Table of Fees.
2. Payments within the PSR system may be conducted through:
a. the use of payment cards,
b. online payments available after logging in onto the website, to one’s Client Account,
c. payment form, realized at a post-office or at a bank, generated by the payment operator. The payment form template is available upon logging in on the website, within Client Account,
d. through authorizing the Operator to charge one’s credit or debit card with all calculated fees, also including the fees on account of damages, theft or loss of Bike/Bikes.
3. Information concerning payment cards are processed by an external service provider and are not stored or available to the Poviat and the Operator.
4. All payments are transferred to the account of the Operator who acts on behalf and for the benefit of the Poviat.
5. If the charged fees exceed the funds available, the Client is obliged to top up his/her Account at least to reach the balance equal to PLN 0 within 7 working days. In case of failure to settle the 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, which results in blocking of Account until the time of payment of receivables. All delays in payment of overdue amounts from the date of maturity until the date of factual payment execution may be subject to statutory interest.
6. In case if the Client remains 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. The Client acknowledges that the Operator is entitled to transfer the overdue receivables towards the Client, stemming from the Agreement concluded with him, onto third parties which will entitle these third parties to pursue the said receivables from the Client. The Operator reserves the right to entrust pursuing receivables from the Client to the debt-recovery company.
7. Reimbursement of the top-up amount may be conducted post termination of the Agreement. During the term of the hereby Agreement no payments for Rentals (initial fee and top-up amounts) can be subject to reimbursements.
8. The amount of Promotional Voucher that topped up Client Account is not refundable. It is used prior to the use of the funds paid by the Client. Details of the amount, validity period and the reason for awarding a Promotional Voucher are set out in the current promotional terms and conditions available on the Website.

VI. Registration.
1. A necessary condition for using the PSR System is prior registration of the Client in the System and payment of the Initial Fee.
2. Registration can be done through:
a. Website,
b. Mobile application,
c. Terminal,
3. During the registration process, according to Clause VI.2.a,b the following personal data is required:
a. mobile phone number,
b. first name and surname,
c. contact address, that is city, street including flat/house number, postal code, country,
d. email address,
e. PESEL number.
One ought to also indicate at least the information regarding Client’s acknowledgement and acceptance of the Rules and Regulation of PSR and the Privacy Policy of the Poviat.
4. During the registration process realized through the Terminal, indication of the following personal data is required:
a. mobile phone number,
b. first name and surname,
c. email address,
d. optionally – payment card number in case of payment with credit card with the possibility of charging it,
One ought to also indicate at least the information regarding Client’s acknowledgement and acceptance of the Rules and Regulation of PSR and the Privacy Policy of the Poviat. Other data indicated in clause VI.3.c, e are required to be filled out by the Client no later than within 24 hours post registration.
5. After successful registration the Client receives an automatically generated PIN code which, along with the telephone number, serves the purpose of logging in onto Client Account. Log in data are sent by a text message to the indicated telephone number.
To ensure the process of logging in to the Account and Bike Rental, the Client may connect an RFID card to his or her Client Account. The method of connecting the card with Account is described within the manual available on the website and in CC.
6. A link will be sent to the email address indicated during the process of registering. The Client is obliged to click on the link within 24 hours from the moment of registering. Clicking on the link serves the purpose of verifying the correctness of the indicated email address and constitutes one of the elements which must be fulfilled in order to activate Client Account.
7. Lack of filling out the data within 24 hours from the moment of registering may cause Account Blockade.
8. The Operator is entitled to remove data entered by the User in case when there is a balance of 0PLN on the User Account resulting from non-performance of the Initial Fee. In such a case, the subsequent use of the System will involve the necessity of re-registering.

VII. Rental.
1. Bike rental is possible provided that the Client has an active account status. Active account status is understood as:
a. fulfilment of conditions specified in Clause VI. Registration,
b. maintenance of a minimum amount of 10 PLN on Client Account,
c. or defining at the Terminal or within the Nextbike Mobile Application one’s credit card with the possibility of charging from which the funds will be automatically charged as the form of payment.
2. PSR Bikes may be rented by means of:
a. Mobile Application,
b. Terminal, also with the use of RFID card for identification,
c. contact with CC.
3. Rental of PSR Bikes shall be possible at any PSR Station.
4. Rental of PSR Bikes commences at the time of Bike release from an electric lock, confirmed by a sound signal. Rental of the PSR secured Bike starts at the moment of choosing the option of RENTAL at the Terminal or in the application, or at the moment of accepting the order of Renting a Bicycle by an employee of CC. The Code for the digital lock is available on the display of the Terminal at the time of Bike Rental (Rental at Terminal) or within the application through the Duration of Rental or it is sent via a text message (Rental through CK).
5. It is the Client’s obligation to ensure, prior to commencing the ride, that the bike is suitable for the designated use, in particular, that the tyres of the bike are inflated and the brakes are in order as well as that the lights operate. Once the Bike is released, the Client is obliged to secure the clamp in such a way so as to prevent its getting into the wheel. In case of lack of a Bike clamp, the Client is obliged to contact CC and inform the personnel about its lack.
6. In case of noticing any damages to the Bike in the course of Bike Rental, the Client is obliged to immediately report the issue to CC or through the Mobile Application and, if possible, return the Bike to the nearest Station.
7. In case of noticing a damage in the course of Bike Rental, which might impact the safety of use of the Bike, the Client shall be obliged to immediately cease the use of the Bike and report the issue to CC or via the Mobile Application as well as, if possible, to return the Bike to the nearest Station.
8. In case when during rental of a Bike an accident or collision occurs, the Client is obliged to write a statement or call the Police to the site. Furthermore, in case of occurrence of the above event the Client is obliged to inform CC of this fact no later than within to 24 hours post the event.
9. In the event of any difficulties with the PSR Bike Return, the Client is obliged to immediately contact CC, while remaining by the Bike.

10. The Rented Bike may be used within the User Zone. In the course of Rental, the User may move beyond the User Zone, however, he or she is obliged to return to it prior to completing Rental and to return it to a Station within the User Zone.

VIII. Duration of Rental
1. Duration of Rental of the Bike commences at the time of Bike release, in accordance with Clause VII.4 of the Rules and Regulations. It is completed upon Bike Return, in accordance with Clause IX.1 of the Rules and Regulations.
2. The Client is obliged to return the Bike within the maximum Duration of Rental, that is within 12 hours.
3. Exceeding the maximum single Duration of Rental shall be treated as loss, theft or damage of the Bike, causing calculation of fees in accordance with Appendix no. 1.

IX. Return.
1. Bike Return is possible at a PSR Station, by means of:
a. connecting the Bike by means of an Adapter to a free electric lock. correct blocking of the Bike at a stand shall be confirmed by a sound signal as well as a physical closing of the Bike in the lock;
b. locking by means of a digital lock in case of lack of free electric locks. The Bike must be connected to a stand by means of a clamp or another correctly secured Bike, located at a given PSR Station, whilst the digits of the digital lock need to be re-shuffled. Subsequently, RETURN option must be selected at the Terminal or within the application and then one must follow the instructions displayed on the Terminal or the messages appearing on the mobile phone.
2. In the event of any difficulties with the PSR Bike Return, the Client is obliged to contact CC, while remaining by the Bike.
3. The Client is obliged to correctly return and secure the bike, as specified in Clause IX.1. Failure to adhere to this obligation may result in:
a. calculation of contractual penalty for loss, theft or damage of a Bike, in accordance with Appendix no. 1 to the Rules and Regulations,
b. temporary or permanent blocking of Client Account.

X. Failures and repairs
1. Any failures should be reported by phone to CC or in the Mobile Application immediately after the failure is noticed. In case of any failure preventing further riding, the Client is obliged to stop and notify CC by phone and, if possible, escort the Bike to the nearest PSR Station.
2. Self-repairs, modifications or replacements of any parts within the rented Bike are forbidden. The only authorized entity to perform these actions is PSR Service.
3. We recommend that the Client remains able to contact CC at all times during the rental period.

XI. Blockade of User Accounts.
1. The Operator reserves the right to temporarily block Client’s account in the PSR system in case of non-compliance with the conditions of bike use at PSR, specified in the hereby Rules and Regulations.
2. In particular, the account blockade may occur, when the Client:
a. failed to provide personal data specified in Clause VI of the Rules and Regulations,
b. uses the Bike not in compliance with its designation,
c. leaves the Bicycle outside the PSR station,
d. leaves the Bike unsecured.
3. Account Blockade may also occur in case when the Bike has been lost post its Rental.
4. Permanent Blockade of Client Account prevents any future setting up of subsequent Accounts and constitutes termination of Agreement with the Client due to his/her fault.

XII. Complaints
1. A complaint is an expression of discontent by a Client on account of the provided service or the course of process related to the provided service and it may be related to a simultaneous demand for correction of the service or a reimbursement of entirety or part of the calculated fee. Submissions which do not contain claims shall not be considered as complaints.
2. Complaints ought to contain at least such data as: first name, surname, address, telephone number, allowing for Client identification. In case of lack of data that would enable identification of the Client, the Operator will leave such submission unattended.
3. All complaints concerning the services provided on the basis of the hereby Rules and Regulations may be submitted:
a. via electronic means to the email address indicated in Clause I.3,
b. via electronic means through the contact form available on the website,
c. via telephone,
d. via registered letter to the postal address of the Operator indicated in Clause I.3,
e. in person at the premises 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. Prior to considering complaints, the Operator may also turn to the Client with a request to supplement, at a designated time, data on the Account, indication of which is required by the provisions of the Rules and Regulations. In case of lack of data the Operator shall leave such submission unattended.
5. The recommended term for submission of complaints amounts to 7 days from the date of occurrence of the event which constitutes the cause of a given complaint.
6. Submitting a complaint shall not release the Client from the obligation of a timely realization of the obligations stemming from the Rules and Regulations.
7. The Operator shall process a complaint within to 14 days from the date of obtaining it 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 shall 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 post a response to an alternative address / email address indicated by the Client submitting the complaint within the correspondence.
9. The Client may appeal against a decision issued by the Operator. The appeal shall be considered within to 14 days of its receipt by CK. The appeal ought to be submitted in one of the following manners:
a. via electronic means to the email address indicated in Clause I.3,
b. via electronic means through the contact form available on the website,
c. via registered letter to the postal address of the Operator indicated in Clause I.3,
d. in person at the premises of the Operator.
10. The Client may:
a. refer the appeal against the Operator’s decision directly to CC within 14 days from the date of receipt of the response to the complaint,
b. launch court actions against the Operator before the relevant general court.

XIII. Termination of Agreement
1. Withdrawal from Agreement:
a. The Client may withdraw from the Agreement concluded with the Operator – pursuant to the provisions of law, without giving any reason, within 14 days from the date of its conclusion. The deadline shall be deemed met if, before its expiry, the Client sends a statement of withdrawal from the Agreement to the Operator.
b. The Client may withdraw from the Agreement by:
i. sending the Operator a statement of withdrawal from the Agreement to the e-mail address specified in Clause I.3,
ii. sending a written statement on withdrawal from the Agreement to the Operator by registered mail to the postal address specified in Clause I.3. For this purpose, the Client may use the withdrawal form contained in Annex 2 to the Act of 30 May 2014 on Consumer Rights (Journal of Laws from 2020, item 287 as amended), however, this shall be voluntary.
c. 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 services occurs no later than within 14 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement. Reimbursement shall be performed by means of such methods of payment which were used by the Client in the course of initial transaction unless the Client indicates another solution within the declaration of withdrawal from Agreement.
d. Should, pursuant to the demand of the Client, the execution of service commence prior to the expiry of the term of withdrawal from Agreement, the User shall be obliged to pay for the services fulfilled until the moment of withdrawal from Agreement. The reimbursement of funds remaining on the account shall occur no later than within 14 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement.
2. Termination of Agreement
a. The Client has the right to terminate the Agreement. Termination may be submitted by the Client in the following manner:
i. via electronic means to the email address indicated in Clause I.3,
ii. via electronic means through the contact form available on the website,
iii. via registered letter to the address of the Operator indicated in Clause I.3,
iv. in person at the premises of the Operator.
b. The termination of 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 PSR System shall be the result of Agreement termination.
c. 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 where Client Account balance is negative shall remain without effect on the Operator’s right to pursue the amount equal to the unsettled liabilities of the Client for the Operator’s provision of services.
d. 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. The termination of the Agreement takes effect within 14 days from the date of receipt of the termination of Agreement. 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 costs, these costs shall be deducted from the means to the reimbursement of which the Client is entitled.
3. The Poviat may terminate the Agreement subject to the 7-day notice period in the event of occurrence of a significant cause, such as in particular: liquidation of the PSR System or ceasing of operations or change of the scope of PSR System operations.
4. Termination of Agreement for the provision of services via electronic means by the Operator shall occur through sending a statement of termination of Agreement for the provision of services via electronic means to the electronic post address of the User specified in Client Account or via submission of a declaration to the User in any other manner.
5. Liquidation by the Operator of User Account shall be the result of Agreement termination.
6. In case when Client Account is liquidated, provided that the means of Client Account exceed PLN 0 on the day of Agreement termination, these shall be returned to the bank account specified by the User. The termination of the Agreement takes effect within the maximum of 14 days from the date 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 costs, these costs shall be deducted from the means to the reimbursement of which the Client is entitled.

XIV. Final provisions
1. The acceptance of the hereby Rules and Regulations and Rental of a Bike indicates: a declaration of the health state which ensures safe use of a Bike; ability to ride a Bike; possession of permissions required by the applicable provisions of law and knowledge of road traffic provisions.
2. The Poviat reserves the right to terminate the Agreement with a notice of 14 days in case the Client breaches the provisions of the hereby Rules and Regulations (i.e. non-return of a bike at the required time) while the Client is entitled, towards 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. The Poviat is authorized to introduce changes to the Rules and Regulations effective in the future. The information regarding changes to the hereby Rules and Regulations shall be sent to Client’s email address indicated in Client Account. Lack of a written information about the lack of acceptance of the change to Rules and Regulations sent to CC within 14 days from the day of their posting to the Client indicates acceptance of introduced changes within the Rules and Regulations by the Client. A written information of lack of acceptance by the Client of changes to the Rules and Regulations shall constitute termination of the Agreement by the Client.
4. In case of all matters unresolved in the hereby Rules and Regulations the binding legal provisions of the Civil Code and the Act on Road Traffic shall apply.
5. In case of any discrepancies between the Polish and the foreign language version of the Rules and Regulations, the Polish version of the document shall prevail.

Appendix no. 1 Pricelist and Table of Fees

Pricelist for Standard Bikes
Time range Gross value
from 1 to 720 minutes no fees
Fee for theft, loss or damage of a standard bike PLN 2900

 

Fees

Initial fee PLN 10

Fees indicated in the tables are VAT tax inclusive.