Terms of Service
of the Grodziski Rower Miejski System

Valid from 14.08.2023

I. General Provisions

1. The hereby Terms of Service shall define the principles and conditions of the use of the system of the Grodzisk Bike Transportation System, (further referred to as GRM), launched in the city of Grodzisk Mazowiecki.
2. Terms of Service of GRM as well as the Privacy Policy are available free of charge on the internet website www.rowery.grodzisk.pl, in such a way so as to enable familiarising with the contents, obtaining, accessing and recording it. This document may be obtained at the Nextbike Polska S.A. under restructuring with the company seat in Warsaw.
3. Contact:
Nextbike Polska S.A. under restructuring
ul. Przasnyska 6b
01 – 756 Warszawa
e-mail: ck@rowery.grodzisk.pl
tel.: 22 292 56 88
tel.: 22 244 10 10 (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.

II. Definitions

1. Terms of Service – the hereby Terms of Service defines principles and conditions of availing of GRM, and in particular, conditions, scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in GRM system. Acceptance of the provisions of the Terms of Service and fulfilment of all conditions defined within it shall form the basis and the condition for the approval of rental of a bike within GRM system.
2. Agreement – Agreement between Client and Operator which establishes mutual rights and obligations specified in the Terms of Service. It is agreed that the Agreement containing the provisions of the hereby Terms of Service shall be automatically concluded at the time of registration of the Client within GRM subject to initial fee payment paid during the registration process of the Client in GRM.
3. Operator – Nextbike Polska S.A. under restructuring realizing the services related to the handling of GRM within the framework of the consortium of Nextbike Polska S.A. under restructuring companies, ul. Przasnyska 6b, 01-756 Warszawa, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the city of Warsaw in Warsaw, XIII Economic Department of the National Court Register under the KRS number 0000362899, REGON number 021336152, NIP number 8951981007.
4. GRM System – system of bike rental stations launched by the Operator, which includes, in particular, bikes, technical infrastructure, software and devices which enable the rental of bikes.
5. Client – participant of GRM System who has accepted the Terms of Service and is registered within the GRM System.
6. GRM Service – actions performed by the Operator in relation to the exploitation, repairs and maintenance of GRM.
7. Contact Centre of GRM (CK) – a platform launched by the Operator which ensures telephone contact for its Clients via a hotline at the following numbers 22 244 10 10 or 22 292 56 88, contact via electronic post via e-mail to the address ck@rowery.grodzisk.pl as well as a 24/7 service. Information regarding the functioning of CK is available on the internet website www.rowery.grodzisk.pl.
8. GRM station – set of bike stands with the devices for self-registration in the GRM system and for rental of bikes through GRM Terminal. List of GRM Stations may be found on the internet website www.rowery.grodzisk.pl.
9. GRM Terminal – device for self-rental of bikes located in GRM Stations.
10. Client Identifier – Client personal number assigned to him by the Operator and saved in numerical format, in the form of mobile telephone number which the Client has defined during the registration at GRM and a 6 digit PIN number which was indicated during registration in GRM. In order to facilitate the process of rental and the return of bikes within the GRM system, the Client is allowed to use, post activation in GRM Terminal: ELS Electronic Student ID or payment proximity card. During the rental and the return of the bike they are treated as equal to the Client Identifier. During the rental and return of the bike the Client has the following methods of identification at disposal:
a. mobile telephone number which, together with PIN number is treated as equal to the Client Identifier,
b. ELS Electronic Student ID (ELS), 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 act on electronic payment instruments (that is Journal of Laws of 2012, item 1232) with PIN number. Terminals are adjusted for cooperation with PayPass and PayWave types of products.
Post logging into one’s account on the website www.rowery.grodzisk.pl the Client may turn off the PIN code through unticking the option: Upon each rental and return , in order to ensure my safety, please ask me about my PIN number. This option allows for rental/return of the bike without the necessity of entering the PIN code with the sue of identification methods: b,c,d or e at the terminal.
11. Tables of charges and penalties – pricelist of services and charges of GRM, being an integral part of the Agreement. The pricelist is available on the website www.rowery.grodzisk.pl.
12. Costs of repair and restoring of a bike in GRM System – pricelist of parts and services related to repair or restoring of a bike.
13. Pre-paid account-personal account of a Client within the settlement system of GRM System where debit and credit operations are realized for the use of services and products offered within the GRM System in accordance with the Tables of charges and penalties. Pre-paid account may be topped up by the Client via upfront payment as a pre-payment.
14. Initial fee – the amount of initial fee within GRM system equates to 10PLN gross (in words: ten zloty) and is made by the Client upon registering in GRM. The payment indicates grating consent by the Client and acceptance of the provisions of the hereby Terms of Service and at the same time it constitutes the first top up payment instalment.
15. Top-up amount – payment on account of rentals made to the pre-paid account.
16. Security procedure – each action undertaken by the Operator in the event of lack of return of the bike at the agreed time and in the acceptable state, in particular, preliminary, debt-collection and court proceedings.
17. User zone – administrative borders of the city of Grodzisk Mazowiecki.
18. Bike rental – rental of a bike from GRM Station by means of Client Identifier or via a method specified in clause II.10. Rental process is specified in clause VII. of the Terms of Service.
19. Bike return – return of the bike to GRM Station. The process of bike return is specified in clause X of the Terms of Service.
20. Electrolock – mechanism which releases and blocks the bikes in the docking station. Rental of a bike which is blocked by electrolock is possible solely directly from the terminal.
21. Promotional/award voucher – Operator stipulates the possibility of topping up the account set up within GRM system. The topped up amount and its purpose is established by the Operator and it is non-repayable, that is there is no possibility of taking out the means. The means from the top up are used in the first place, prior to the means paid in by the Client. In case of promotional vouchers, details regarding the amount, the validity term and the reasons for granting them are defined within the Terms and Conditions of Promotions, available on the system website.
22. Account blockade – preventive measure of which the Operator may avail. In the event of a breach of the provisions of the hereby Terms of Service, in particular, one resulting in damage suffered by the Operator, the Operator reserves the right to block Client’s account until such time when the issue is rectified.

III. General rules of use of GRM

1. The condition for the use of GRM System is submission by the Client of the required personal data upon registration, the acceptance of conditions defined in the hereby Terms of Service, payment of initial fee. The condition for the use of GRM is, furthermore, maintenance of a minimum top up level on the Client’s account during the time of each rental, at the amount of no less than 10 PLN (in words: ten zloty).
2. The Operator rents a bike to a Client in line with the provisions specified in the Terms of Service. The Client is obliged to abide by the provisions of the Terms of Service, in particular, concerning the agreed payments and the use of the bike in accordance with the Terms of Service.
3. Persons above 13 years of age who have not attained the age of 18 (further referred to as minors) must, prior to conclusion of Agreement, submit to the Operator a written consent of one of the parents or legal guardians for the conclusion of the Agreement, as well as a statement on assuming responsibility by the parents or legal guardians on account of any potential damages, caused in particular as a result of non-performance or improper performance of the Agreement and on account of any ongoing liabilities defined in Tables of charges and penalties as well as Cost related to repair and restoring of a bike in GRM System. Within the statement the parents or legal guardians must undertake to top up the account of the minor within GRM System. The consent must be sent via electronic post to the email address ck@rowery.grodzisk.pl via post to the address of the Operator or in person in the headquarters of CK GRM.
4. The Client may rent up to four bikes at the same time. It is possible, subject to prior booking, to increase the number of bikes rented at the same time.
5. The use of the rented bike is allowed within the User zone.

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.
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 GRM System.
3. The use of bikes via GRM 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 GRM Station to the moment of their return to the GRM 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 GRM Station to the moment of its return to any GRM Station.
5. In case of a theft of a bike which occurs during the rental the Client is obliged to inform CK GRM of this fact and immediately report the theft (robbery) to the closest Police station.
6. The use of GRM System bikes by persons under the influence of alcohol or other narcotic substances, psychotropic substances or equivalents in the meaning of provisions on counteracting drug addictions; strong anti-allergic drugs, other medicine which by definition are forbidden or recommend not to be applied for drivers of any vehicles, is forbidden.
7. The Client bears full and total responsibility and undertakes to cover any tickets, fines, fees etc. obtained by the Client, related to the use of the bike and imposed on them out of their own fault. The Client bears responsibility for fines, tickets, fees etc. which have been imposed on them and which result from Operator’s fault.
8. In case of proven damages resulting from improper use of the equipment which is part of GRM System, the Client agrees to cover the costs of repair and restoring of the equipment in order for it to be restored to the state prior to rental. The Operator shall submit an adequate receipt or VAT invoice to the Client for completion of the necessary repair works. The evaluation of the value of individual parts of the bike, which have been damaged of Client’s fault, shall be made on the basis of Annex no 2 to the hereby Terms of Service, further referred to as ” Costs of repair and restoring of bike in GRM System”.
9. In case of improper return of the bike out of the Client’s fault, the Client bears costs of its further rental and is responsible for any potential theft or damage. In the event of any difficulties with the return of the bike the Client is obliged to contact CK GRM.
10. Any purposeful damages to the property of Operator will result in commencement of court proceedings. The Operator reserves the right to recover any justified costs, including costs of legal representation, from the person who caused damages or destructions.
11. The Client is responsible for any potential damages which may arise as a result of non-performance or improper performance of the Agreement to the full amount, whilst, one of the elements of the damage may be the so called cost of bike restoration, specified in Tables of charges and penalties as well as table of Costs of repair and restoring of bike in GRM System.
12. The users are forbidden to transport the bikes in the system via vehicles and other means of transport, owned by private persons, excluding Means of Public Transport.

V. Registration

1. Prior registration of a Client and payment of Initial fee are the necessary condition for the use of GRM System.
2. The registration takes place at the internet portal available at the address: www.rowery.grodzisk.pl. In addition it is allowed for the registration to be conducted at CK, via telephone contact with an employee of CK and by means of a payment card with the option of charging in GRM Terminal, as well as through the use of Nextbike application which is available on the devices equipped in iOS, Windows and Android systems.
3. During the registration process through the website www.rowery.grodzisk.pl, via the Nextbike application or via telephone contact with the CK 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 (optional),
d. mobile phone number,
e. payment card number in case of payment card payment with the possibility of debiting,
f. education (optional),
g. occupation (optional).
4. During the registration process in GRM Terminal the Client indicates the following personal details, which he is obliged to supplement by the additional data, specified in clause 3, items b and c, no later than within 24 hours post registration:
a. mobile phone number,
b. name and surname,
c. payment card number with possibility of debiting.
5. During the registration process at GRM Terminal the Client enters the PIN code of his own. Whilst, during the registration via: internet website, Android application and CK-PIN code is generated automatically. Post registration the Client receives a confirmation from GRM System regarding a successful registration as well as his individual PIN code which, together with an indicated mobile phone number, constitutes Client Identifier in GRM System.
6. The condition for registering is entering the real data, the acceptance of conditions defined in the hereby Terms of Service and consent for processing of personal data in accordance with the act of 29 August 1997 on personal data protection for the purpose of performance of the Agreement (that is Journal of Laws nr 1182 of 2014). The Client has the right to access the content of his personal data and the possibility to amend, supplement or change them. The data administrator is Nextbike Polska under restructuring with its registered seat in Warsaw 01-756, ul. Przasnyska 6b. Submission of personal data is voluntary, but necessary; lack of personal data submission prevents the use of GRM System services. The information on the safety of personal data is available within the Privacy Policy document of Nextbike Polska, available at: http://rowery.grodzisk.pl/.
7. Personal data are processed solely for the purpose of proper functioning of GRM and may be accessible to other entities cooperating with Nextbike exclusively within the framework of the provisions of law in force.
8. The Client further grants consent for receiving via text messages and electronic post information materials concerning services provided by the Operator within the framework of GRM, as well as anonymous questionnaires sent by means of electronic post or available directly within the GRM System, targeted at obtaining by Operator demographic and profile Client personal data (such as education level, employment, age). Such data will be used in order to test the preferences of Clients and the adjustment level of Operator’s offer to the expectations of Clients, as well as for the statistical analyses and for creation of general image among the Clients which is passed on to Operator’s marketing partners. Receiving information materials and disclosure of the above noted data is at all times voluntary and the Client may at any time withdraw from obtaining these materials or questionnaires.
9. The content of individual transactions/rentals is available solely for the parties of the Agreement. Each Client who has performed registration, having logged in, has access to all his transactions/rentals for the period of their storage within the IT system. Client data concerning individual transactions/ rentals are stored by the GRM IT system. If there are no overdue payments for the use of bikes, data are deleted immediately post receipt of a request on deletion from the Client. In the event when a complaint has been filed, data are stored until such time as the complaint process has ceased, for the period of 6 months and for the period of a potential proceeding resulting from a complaint, during investigation of Client’s claim, for evidential purposes, however, not shorter than 6 months and not exceeding 2 years from the day of issuing the response to th given complaint. In case of a notification within this term (ie. compensation or indemnification for damages)- data are processed during establishing the potential liability of the Operator/ Client and realization of the issued judgement in this regard.
10. Personal data are processed, stored and secured in accordance with the principles specified in the binding legal provisions.
11. Administrator of personal data-Operator undertakes to maintain confidentiality od personal data and not to disclose them to any third parties, unless, pursuant to a clear authorization from the Client or in the event when such authorization will result from a specific provision of law. This obligation shall remain in force post expiry of the legal relationship which is between the Lessee and the Operator.
12. In order to adjust the content and the services to the individual needs and interest of Clients, the Operator uses the so called cookies, that is information saved by the server of the Service on Client’s computer, which the server may read during each connection from the given computer. Cookies files provide statistical data regarding Client traffic and their use of the particular GRM pages, as well as enable a swift provision of Services. The Client may at any time switch off the option of accepting cookies in his browser settings, however, this may trigger problems and in some cases disable the use of GRM System.

VI. Payment methods

1. Payment for services and products offered within the GRM system may be conducted through:
a. debiting the account of payment card of the Client, or
b. crediting the pre-paid Account via bank transfer or through payment via payment card, in particular, via www.rowery.grodzisk.pl portal from which the means will be charged in the amounts as indicated in Tables of charges and penalties, and subsequently transferred to the account of the Operator. Payment method may be altered freely through selecting the appropriate option in the GRM System, available via www.rowery.grodzisk.pl.
2. Launching the order of payment card debiting takes place upon registration, by entering the payment card number, that is credit card, debit card within GRM Terminal, during the contact with CK, as well as via Nexbike application available on iOS, Windows and Android system devices.
3. Payment method may be altered each time, post logging in to the website www.rowery.grodzisk.pl, within the tab My Account
4. All payments are transferred to the account of Operator.

VII. Rental

1. Rental of a bike is possible provided that the Client has an active account. An active account is understood as:
a. a minimum of 10 PLN gross on a pre-paid Account, topped up by transfer or by a single payment with a payment card,
b. payment is defined as a payment card with possibility of debiting, via terminal or via contact with CK, through which these means are automatically transferred.
2. Rental of a bike is possible at any GRM Station:
a. in the case of a bike locked by electrolock: after having activated the GRM Terminal, and having logged in and acted in accordance with the instructions displayed on the GRM Terminal. Release of the electrolock is signalled by a corresponding message shown on the GRM Terminal as well as by a sound signal.
b. in the case of a bike secured solely with a combination lock: through GRM Terminal, by means of the Nextbike application available on iOS and Android devices, via telephone contact – by calling the numbers indicated on the Terminal: 22 244 13 13 or 22 382 13 12 (answering machine – call charges in accordance with the operator’s tariffs).
3. Rental commences once the procedure of rental specified in clause 2 is completed.
4. The client obtains the code to open the combination lock of the rented bike from the GRM terminal, with the Nextbike applicaion available on iOS Android and Windows Phone, or by phoning CK GRM.
5. The number opening the combination lock of a rented bike can be confirmed on the GRM Terminal, with Nextbike, or by phoning CK GRM throughout the entire duration of the rental.
6. It is the Client’s obligation to ensure, prior to commencing the ride, that the bike is suitable for designated use, in particular, that the tyres of the bike are inflated, and the brakes are in order, and whether protection is available in the form of a cable with a combination lock.
7. If the cable is missing or damaged the Client is obliged to immediately report the problem to CK and return the bike to the closest GRM Station.
8. Should the Client notice a defect which prevents using the bike, eg. lack of air in the tyre, the Client should contact the operator through CK GRM to rent another bike.
9. Once the bike is released, the Client is obliged to secure the cable in such a way so as to prevent it from getting into the wheel.
10. If a defect is noticed while using the bike, the Client is obliged to inform CK GRM of the problem immediately and to act according to received instructions, or to return the bike to the closest GRM station and to inform CK GRM of the fact.
11. A Client using a defective bike may result in his being held responsible for the defect or its resulting damage, in the event of the Client not noticing the defectiveness of the bike.
12. During rental, it is recommended for the Client to have a working mobile phone in case of necessity.
13. The basket mounted in front of the bike is suitable solely for carrying light items. In order to ensure safety and to prevent damaging the bike it is not allowed to place any heavy items in the basket. The maximum weight of items in the basket cannot exceed 5 kg. Items placed in the basket may not hang outside the rim of the basket and they should not contain any sharp edges. If an accident occurs due to inappropriate use of the basket, the Client bears responsibility for it and will cover any costs arising from it. The Operator shall not bear responsibility for damages to items or goods carried in the basket.
14. The maximum weight of the Client and the carried items is 120kg.
15. In the event of any problem with the retrieval, use or return of a bike to the GRM Station, the Client is obliged to phone CK GRM. A CK GRM employee will inform the Client of further procedures.
16. The bike should be used according to its designated function.
17. A GRM bike is an individual, urban means of transportation. It is not allowed to use a GRM bike for jumps, stunt tricks, racing, or pushing or hauling anything.
18. In case of a breach of any of the above Regulations, especially in situations having caused damage to the Operator, the Operator reserves the right to block a Client’s account until the matter is resolved.

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 CK. In case of each failure which prevents further ride the Client is obliged to stop and inform via telephone CK as well as return the bike to the closest GRM 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 GRM Service.
3. The Client has an obligation to have the possibility of contacting CK at all times when renting a bike.

X. Return

1. The Client is obliged to connect the bike with the bike stand in such a way so that the adapter installed to the fork of the bike is placed within the electrolock being an integral part of the stand and hold the bike until an automatic closure of the lock blockade. Automatic closure of the blockade is signalized by a sound signal and a physical lock of the bike in the electrolock. We recommend that the Client ensures that the bike has been returned to the GRM System. This may be done through logging into the GRM Terminal by means of Nextbike application or through contacting CK.
2. If placing the bike within the electrolock is impossible (ie. lack of free bike stand at the GRM Station or failure at GRM Station) the Client is obliged to return the bike with the use of code lock, connecting the bike to the stand or another bike within the GRM Station, lock down the code lock, press the “Return” button on the electronic part of GRM Terminal and proceed according to instructions displayed. Once the lock is secured the Client may return the bike via www.rowery.grodzisk.pl website, Nextbike application or through contacting CK.
3. In case of incorrect return of the bike, as specified in clauses X.1 nad X.2 the Client shall bear the costs of further rental and shall be responsible for a potential theft.
4. In the event, when during rental an accident or a collision occurs, the Client is obliged to draw up a statement or call up the police onto the place of accident. If, during such event the bike is damaged, all costs related to restoring the bike to the state from before the accident/collision shall be borne by the person responsible for the occurrence posts prior submission of the right document indicating the offender. In a different case all costs related to the repair are borne by the owner of the account. Furthermore, in case of the occurrence of the above event the Client is obliged to inform CK GRM no later than 7 days post the event.

XI. Charges

1. Charges are calculated according to the rates specified in the Tables of charges and penalties, constituting an annex to the Terms of Service, available on www.rowery.grodzisk.pl and within GRM Terminals. The basis for the calculation of a charge is the number of minutes of rental, measured from the moment of bike rental in GRM Terminal, or from the moment of obtaining the code lock which releases the securing rope, to the moment of connecting the bike with electrolock or obtaining the confirmation from the GRM System regarding the confirmation of bike return.
2. Charges for the use of rental are diverse and depend on the length of time of bike rental. The charge for a single rental is a sum of charges for the subsequent time periods, ie. a 160-minute rental costs 3PLN.
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.
4. In case the Client pays the fee using the Prepaid Account method, and the accumulated ride charges exceed the available balance, the Rental Provider must recharge their account to a minimum balance of 10.00 PLN gross to continue using the GRM system.
5. In case when charging the fee for the ride exceeds the means on the account the Client is obliged to top up his pre-paid Account at least to reach the balance equal to 0PLN within 7 days. In case of failure to settle overdue payments, the Operator reserves the right to commence adequate legal steps against the Client, targeted at obtaining the payment on account of the realized Agreement. The Operator is entitled to calculate statutory interest from the amounts overdue calculated from the day of maturity until the day of factual repayment made in full.
6. During the term of the agreement with the Operator of GRM system the payments towards rentals (top up amount) are non-refundable.
7. In case of proven abuses related to the inappropriate use, in particular, conducting unauthorized rentals of bikes, the Client is charged with a penalty indicated in the Table of charges and penalties of GRM.
8. The fee for theft or loss of the bike may be decreased, as appropriate, at the request of the Client should the bike be found within 30 days from the date of reporting its loss.

XII. Responsibility

1. The Operator realizes the services related to the maintenance of GRM and bears full responsibility for its proper functioning.
2. The Operator shall not bear responsibility for any direct or follow up damages as well as lost benefits caused as a result of improper performance of the Agreement by the Client, or for any other damages for which the Client is responsible, with the exclusion of damages caused by the Operator purposefully
3. Any claims and complaints resulting from them ought to be directed by the Clients to the address of the Operator.
4. The Operator reserves the right to disclose Client’s data, in case of a necessity of disclosing the data to the authorized persons stems from the binding legal provisions.

XIII. Complaints

1. The Client may submit a complaint within 7 days from the date of the event which caused the complaint.
2. All complaints concerning the services provided on the basis of the Terms of Service may be submitted:
a. via electronic means to the email address ck@rowery.grodzisk.pl,
b. via post to the address 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, PESEL number, which would allow for an identification of the Client will not be considered.
5. Submitting a complaint does not release the Client from the obligation of a timely realization of the obligations towards the Operator.
6. The Operator reviews the complaint within 14 days from the date of obtaining it or supplementing it, and in particularly complex matters this occurs within 30 days , while in case the complaint concerns the transaction conducted with the use of payment card it might take up to 90 days from the date of the complaint submission. In case of the necessity to supplement the complaint the term for reviewing the complaint commences on the day of receipt of documents by the Operator which supplement the compaint or which provide additional explanations/information. In case of an inability to meet the deadline for the review of a complaint, the Operator will inform the Client of any delays, indicating the cause of a delay ( circumstances which must be established) and an expected term for the review of the complaint.
7. The process of considering the complaint commences immediately post its receipt by the Operator. It is characterized by thoroughness, attention to detail, objectivity and respect of generally binding provisions of law and good practices.
8. The Client grants consent for the reply to the complaint to be sent via electronic means or via post to the correspondence address in a way indicated within the complaint. In particularly justified cases the Operator may send a reply to another email address, indicated by the complaining person.
9. The consideration of a complaint consists of an identification of the problem, assessment of its justification and settlement of the problem submitted by the Client or a conduct of adequate actions in order to remove any potential irregularities, causes of their occurence and to grant a thorough, professional in form and in content reply.
10. CK 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 CK. The appeals ought to be sent regardless of the method of submission-letter, email- no later than within 14 days from receipt of the decision by the Client which he wishes to appeal against. The appeal will be considered within 14 days from the day of its submission to CK.
12. The Client may:
a. direct an appeal against the decision of the Operator directly to CK 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 ck@rowery.grodzisk.pl, a statement regarding withdrawal from Agreement,
b. sending to the postal address of the Operator, specified in clause I.3 a written declaration of withdrawal from Agreement. For this reason the Client may avail of the form on withdrawal from Agreement enclosed in Annex no. 2 to the act on consumer rights ( Journal of Laws of 2014, item 827 as amended), however, this is not obligatory.
3. In case of withdrawal from the Agreement, the Agreement is treated as non-concluded. In case of withdrawal from the Agreement each party is obliged to return to the other party all the items it obtained on the basis of the Agreement. The return of the services occurs no later than within 14 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement. The return of payment is conducted with the use of the same payment methods which were used by the Client in the initial transaction, unless within the declaration of withdrawal from the Agreement the Client agreed to another solution. Another solution ought to be indicated by the Client within the submitted declaration.
4. The right to withdraw from the Agreement is not granted to the Client in reference to the agreements specified in sec. 38 of the act on the consumer rights (Journal of Laws from 2014, item 827 a amended), and in particular, it is not possible post realization of the Agreement.

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

1. The Client has the right to terminate the Agreement . Termination in the written form must be sent to the electronic address ck@rowery.grodzisk.pl or to the postal address of the Operator.
2. The termination of the Agreement takes effect within 14 days from the date of receipt of the termination by the Operator.
3. Upon terminating the Agreement the Client is obliged to top up the means on the pre-paid Account to reach the balance of 0 PLN.
4. If the means on the pre-paid Account exceed OPLN on the day of termination of the Agreement, they will be returned to the account from which they had been paid at the clear request by the Client, other, indicated within the termination. The returned amount will be decreased by the transfer fees.

XVI. Final Provisions

1. The acceptance of the hereby Terms of Service and the rental of the bike indicate: a declaration of the health state which prevents safe movement on a bike; ability to ride a bike; possession of permissions required by provisions of law and knowledge of road traffic provisions.
2. The Operator reserves the right to terminate the Agreement with a notice of 14 days in case the Client breaches the provisions of the hereby Terms of Service (ie. lack of acceptance of the new Terms of Service, non-return of a bike at the required time) while the Client is entitled, in respect of the Operator, to submit claims related to the return of means on the pre-paid account, provided that they were not used by the Operator previously to cover the payable liabilities chargeable to the Client.
3. In the event of services of permanent nature (i.e. Account maintenance) the Terms of Service may be modified due to a significant cause, such as:
a. change of legal regulations or their interpretation justifying the need for changes in the Terms of Service,
b. change in the service, including in the scope or manner of its provision,
c. introduction of a new service,
d. discontinuation of provision of services entirely or partly,
e. reasons related to privacy protection, safety and prevention of abuses,
f. removal of potential doubts or interpretation ambiguities,
g. change of data specified in the Terms of Service, including the Operator’s data.
Any modifications come into force within 14 days from the date of notifying the User of changes to the Terms of Service through publishing them on the internet website and sending them to the User’s email address. In the event of lack of acceptance of modification to the Terms of Service, the User may terminate the Agreement effective immediately, by submitting termination no later than within 14 days from the date of notifying the User of changes in the Terms of Service.
4. In the event of services of one-off nature (i.e. Single ride) or services paid upfront, in each case the version of the Terms of Service valid at the moment of ordering the service is binding in each case.
5. 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.
6. In case of any discrepancies between the Polish and foreign language version of the Terms of Service, the Polish version of the document shall prevail.

Appendix no. 1
GRM TABLES OF CHARGES AND PENALTIES

Fees specified in the Table are VAT inclusive

Appendix no. 2
Costs of repair and reinstatement of a bicycle in the GRM System.

*May be changed.

RULES & REGULATIONS

Of Grodzisk Urban Bike System (GRM System) 

[Valid from 25.03.2015]          

I. General Provisions

1. The hereby Terms of Service shall define the principles and conditions of the use of the system of the Grodzisk Bike Transportation System, (further referred to as GRM), launched in the city of Grodzisk Mazowiecki .

2. Terms of Service of GRM as well as the Privacy Policy are available free of charge on the internet website www.rowery.grodzisk.pl, in such a way so as to enable familiarising with the contents, obtaining, accessing and recording it. This document may be obtained at the Nextbike Polska Sp. z o.o. with the company seat in Warsaw,

3. Contact:

Nextbike Polska Sp. z o.o. ul. Przasnyska 6b

01-756 Warszawa

e-mail: ck@rowery.grodzisk.pl

tel.: 22 292 56 88

tel.: 22 244 10 10 (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.

II. Definition

1. Terms of Service – the hereby Terms of Service defines principles and conditions of availing of GRM, and in particular, conditions, scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in GRM system. Acceptance of the provisions of the Terms of Service and fulfilment of all conditions defined within it shall form the basis and the condition for the approval of rental of a bike within GRM system.

2. Agreement – Agreement between Client and Operator which establishes mutual rights and obligations specified in the Terms of Service. It is agreed that the Agreement containing the provisions of the hereby Terms of Service shall be automatically concluded at the time of registration of the Client within GRM subject to initial fee payment paid during the registration process of the Client in GRM.

3. Operator – Nexbike Polska Sp. z o.o. realizing the services related to the handling of GRM within the framework of the consortium of Nextbike Polska Sp. z o.o. companies, ul. Przasnyska 6b, 01-756 Warszawa, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the city of Warsaw in Warsaw, XIII Economic Department of the National Court Register under the KRS number 0000362899, REGON number 021336152, NIP number 8951981007,

4. GRM System –  system of bike rental stations launched by the Operator, which includes, in particular, bikes, technical infrastructure, software and devices which enable the rental of bikes.

5. Client-participant of GRM System who has accepted the Terms of Service and is registered within the GRM System.

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

7. Contact Centre of GRM (CK) – a platform launched by the Operator which ensures telephone contact for its Clients via a hotline at the following numbers 22 244 10 10 or 22 292 56 88, contact via electronic post via e-mail to the address ck@rowery.grodzisk.pl as well as a 24/7 service. Information regarding the functioning of CK is available on the internet website www.rowery.grodzisk.pl.

8. GRM station – set of bike stands with the devices for self-registration in the GRM system and for rental of bikes through GRM Terminal. List of GRM Stations may be found on the internet website www.rowery.grodzisk.pl.

9. GRM Terminal - device for self-rental of bikes located in GRM Stations.

10. Client Identifier - Client personal number assigned to him by the Operator and saved in numerical format, in the form of mobile telephone number which the Client has defined during the registration at GRM and a 6 digit PIN number which was indicated during registration in GRM. In order to facilitate the process of rental and the return of bikes within the GRM system, the Client is allowed to use, post activation in GRM Terminal: ELS Electronic Student ID or payment proximity card. During the rental and the return of the bike they are treated as equal to the Client Identifier. During the rental and return of the bike the Client has the following methods of identification at disposal:

a. mobile telephone number which, together with PIN number is treated as equal to the Client Identifier,

b. ELS Electronic Student ID (ELS), 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 act on electronic payment instruments (that is Journal of Laws of 2012, item 1232) with PIN number. Terminals are adjusted for cooperation with PayPass and PayWave types of products.

Post logging into one’s account on the website www.rowery.grodzisk.pl the Client may turn off the PIN code through unticking the option: Upon each rental and return , in order to ensure my safety, please ask me about my PIN number. This option allows for rental/return of the bike without the necessity of entering the PIN code with the sue of identification methods: b,c,d or e at the terminal.

11. Tables of charges and penalties - pricelist of services and charges of GRM, being an integral part of the Agreement. The pricelist is available on the website www.rowery.grodzisk.pl.

12. Costs of repair and restoring of a bike in GRM System - pricelist of parts and services related to repair or restoring of a bike

13. Pre-paid account-personal account of a Client within the settlement system of GRM System where debit and credit operations are realized for the use of services and products offered within the GRM System in accordance with the Tables of charges and penalties. Pre-paid account may be topped up by the Client via upfront payment as a pre-payment.

14. Initial fee - the amount of initial fee within GRM system equates to 10PLN gross (in words: ten zloty) and is made by the Client upon registering in GRM. The payment indicates grating consent by the Client and acceptance of the provisions of the hereby Terms of Service and at the same time it constitutes the first top up payment instalment.

15. Top-up amount-payment on account of rentals made to the pre-paid account.

16. Security procedure - each action undertaken by the Operator in the event of lack of return of the bike at the agreed time and in the acceptable state, in particular, preliminary, debt-collection and court proceedings.

17. User zone - administrative borders of the city of Grodzisk Mazowiecki.

18. Bike rental - rental of a bike from GRM Station by means of Client Identifier or via a method specified in clause II.10. Rental process is specified in clause VII. of the Terms of Service.

19. Bike return-return of the bike to GRM Station. The process of bike return is specified in clause X of the Terms of Service.

20. Electrolock - mechanism which releases and blocks the bikes in the docking station. Rental of a bike which is blocked by electrolock is possible solely directly from the terminal.

21. Promotional/award voucher - Operator stipulates the possibility of topping up the account set up within GRM system. The topped up amount and its purpose is established by the Operator and it is non-repayable, that is there is no possibility of taking out the means. The means from the top up are used in the first place, prior to the means paid in by the Client. In case of promotional vouchers, details regarding the amount, the validity term and the reasons for granting them are defined within the Terms and Conditions of Promotions, available on the system website.

22. Account blockade - preventive measure of which the Operator may avail. In the event of a breach of the provisions of the hereby Terms of Service, in particular, one resulting in damage suffered by the Operator, the Operator reserves the right to block Client’s account until such time when the issue is rectified.

III. General rules of use of GRM

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

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

3. Persons above 13 years of age who have not attained the age of 18 (further referred to as minors) must, prior to conclusion of Agreement, submit to the Operator a written consent of one of the parents or legal guardians for the conclusion of the Agreement, as well as a statement on assuming responsibility by the parents or legal guardians on account of any potential damages, caused in particular as a result of non-performance or improper performance of the Agreement and on account of any ongoing liabilities defined in Tables of charges and penalties as well as Cost related to repair and restoring of a bike in GRM System. Within the statement the parents or legal guardians must undertake to top up the account of the minor within GRM System. The consent must be sent via electronic post to the email address ck@rowery.grodzisk.pl via post to the address of the Operator or in person in the headquarters of CK GRM.

4. The Client may rent up to four bikes at the same time. It is possible, subject to prior booking, to increase the number of bikes rented at the same time.

5. The use of the rented bike is allowed within the User zone.

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.

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 GRM System.

3. The use of bikes via GRM 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 GRM Station to the moment of their return to the GRM 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 GRM Station to the moment of its return to any GRM Station.

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

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

7. The Client bears full and total responsibility and undertakes to cover any tickets, fines, fees etc. obtained by the Client, related to the use of the bike and imposed on them out of their own fault. The Client bears responsibility for fines, tickets, fees etc. which have been imposed on them and which result from Operator’s fault.

8. In case of proven damages resulting from improper use of the equipment which is part of GRM System, the Client agrees to cover the costs of repair and restoring of the equipment in order for it to be restored to the state prior to rental. The Operator shall submit an adequate receipt or VAT invoice to the Client for completion of the necessary repair works. The evaluation of the value of individual parts of the bike, which have been damaged of Client’s fault, shall be made on the basis of Annex no 2 to the hereby Terms of Service, further referred to as ” Costs of repair and restoring of bike in GRM System”.

9. In case of improper return of the bike out of the Client’s fault, the Client bears costs of its further rental and is responsible for any potential theft or damage. In the event of any difficulties with the return of the bike the Client is obliged to contact CK GRM.

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

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

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

V. Registration

1. Prior registration of a Client and payment of Initial fee are the necessary condition for the use of GRM System.

2. The registration takes place at the internet portal available at the address: www.rowery.grodzisk.pl. In addition it is allowed for the registration to be conducted at CK, via telephone contact with an employee of CK and by means of a payment card with the option of charging in GRM Terminal, as well as through the use of Nextbike application which is available on the devices equipped in iOS, Windows and Android systems.

3. During the registration process through the website www.rowery.grodzisk.pl, via the Nextbike application or via telephone contact with the CK 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 (optional),

d. mobile phone number,

e. payment card number in case of payment card payment with the possibility of debiting.

f. education (optional)

g. occupation (optional)

4. During the registration process in GRM Terminal the Client indicates the following personal details, which he is obliged to supplement by the additional data, specified in clause 3, items b and c, no later than within 24 hours post registration:

a. mobile phone number

b. name and surname,,

c. payment card number with possibility of debiting

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

6. The condition for registering is entering the real data, the acceptance of conditions defined in the hereby Terms of Service and consent for processing of personal data in accordance with the act of 29 August 1997 on personal data protection for the purpose of performance of the Agreement (that is Journal of Laws nr 1182 of 2014). The Client has the right to access the content of his personal data and the possibility to amend, supplement or change them. The data administrator is Nextbike Polska Sp. z o.o. with its registered seat in Warsaw 01-756, ul. Przasnyska 6b. Submission of personal data is voluntary, but necessary; lack of personal data submission prevents the use of GRM System services. The information on the safety of personal data is available within the Privacy Policy document of Nextbike Polska, available at: http://cust.nextbike.pl/link/vet-map/politykaprywatnosci.pdf.

7. Personal data are processed solely for the purpose of proper functioning of GRM and may be accessible to other entities cooperating with Nextbike exclusively within the framework of the provisions of law in force.

8. The Client further grants consent for receiving via text messages and electronic post information materials concerning services provided by the Operator within the framework of GRM, as well as anonymous questionnaires sent by means of electronic post or available directly within the GRM System, targeted at obtaining by Operator demographic and profile Client personal data (such as education level, employment, age). Such data will be used in order to test the preferences of Clients and the adjustment level of Operator’s offer to the expectations of Clients, as well as for the statistical analyses and for creation of general image among the Clients which is passed on to Operator’s marketing partners. Receiving information materials and disclosure of the above noted data is at all times voluntary and the Client may at any time withdraw from obtaining these materials or questionnaires.

9. The content of individual transactions/rentals is available solely for the parties of the Agreement. Each Client who has performed registration, having logged in, has access to all his transactions/rentals for the period of their storage within the IT system. Client data concerning individual transactions/ rentals are stored by the GRM IT system. If there are no overdue payments for the use of bikes, data are deleted immediately post receipt of a request on deletion from the Client. In the event when a complaint has been filed, data are stored until such time as the complaint process has ceased, for the period of 6 months and for the period of a potential proceeding resulting from a complaint, during investigation of Client’s claim, for evidential purposes, however, not shorter than 6 months and not exceeding 2 years from the day of issuing the response to th given complaint. In case of a notification within this term (ie. compensation or indemnification for damages)- data are processed during establishing the potential liability of the Operator/ Client and realization of the issued judgement in this regard.

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

11. Administrator of personal data-Operator undertakes to maintain confidentiality od personal data and not to disclose them to any third parties, unless, pursuant to a clear authorization from the Client or in the event when such authorization will result from a specific provision of law. This obligation shall remain in force post expiry of the legal relationship which is between the Lessee and the Operator.

12. In order to adjust the content and the services to the individual needs and interest of Clients, the Operator uses the so called cookies, that is information saved by the server of the Service on Client’s computer, which the server may read during each connection from the given computer. Cookies files provide statistical data regarding Client traffic and their use of the particular GRM pages, as well as enable a swift provision of Services. The Client may at any time switch off the option of accepting cookies in his browser settings, however, this may trigger problems and in some cases disable the use of GRM System.

VI. Payment methods

1. Payment for services and products offered within the GRM system may be conducted through:

a. debiting the account of payment card of the Client, or

b. crediting the pre-paid Account via bank transfer or through payment via payment card, in particular, via www.rowery.grodzisk.pl portal from which the means will be charged in the amounts as indicated in Tables of charges and penalties, and subsequently transferred to the account of the Operator. Payment method may be altered freely through selecting the appropriate option in the GRM System, available via www.rowery.grodzisk.pl.

2. Launching the order of payment card debiting takes place upon registration, by entering the payment card number, that is credit card, debit card within GRM Terminal, during the contact with CK, as well as via Nexbike application available on iOS, Windows and Android system devices.

3. Payment method may be altered each time, post logging in to the website www.rowery.grodzisk.pl, within the tab My Account

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

VII. Rental

1. Rental of a bike is possible provided that the Client has an active account. An active account is understood as:

a. a minimum of 10 PLN gross on a pre-paid Account, topped up by transfer or by a single payment with a payment card,

b. payment is defined as a payment card with possibility of debiting, via terminal or via contact with CK, through which these means are automatically transferred.

2. Rental of a bike is possible at any GRM Station:

a. in the case of a bike locked by electrolock: after having activated the GRM Terminal, and having logged in and acted in accordance with the instructions displayed on the GRM Terminal. Release of the electrolock is signalled by a corresponding message shown on the GRM Terminal as well as by a sound signal.

b. in the case of a bike secured solely with a combination lock: through GRM Terminal, by means of the Nextbike application available on iOS and Android devices, via telephone contact – by calling the numbers indicated on the Terminal: 22 244 13 13 or 22 382 13 12 (answering machine – call charges in accordance with the operator’s tariffs),

3. Rental commences once the procedure of rental specified in clause 2 is completed.

4. The client obtains the code to open the combination lock of the rented bike from the GRM terminal, with the Nextbike applicaion available on iOS Android and Windows Phone, or by phoning CK GRM.

5. The number opening the combination lock of a rented bike can be confirmed on the GRM Terminal, with Nextbike, or by phoning CK GRM throughout the entire duration of the rental.

6. It is the Client’s obligation to ensure, prior to commencing the ride, that the bike is suitable for designated use, in particular, that the tyres of the bike are inflated, and the brakes are in order, and whether protection is available in the form of a cable with a combination lock.

7. If the cable is missing or damaged the Client is obliged to immediately report the problem to CK and return the bike to the closest GRM Station.

8. Should the Client notice a defect which prevents using the bike, eg. lack of air in the tyre, the Client should contact the operator through CK GRM to rent another bike.

9. Once the bike is released, the Client is obliged to secure the cable in such a way so as to prevent it from getting into the wheel.

10. If a defect is noticed while using the bike, the Client is obliged to inform CK GRM of the problem immediately and to act according to received instructions, or to return the bike to the closest GRM station and to inform CK GRM of the fact.

11. A Client using a defective bike may result in his being held responsible for the defect or its resulting damage, in the event of the Client not noticing the defectiveness of the bike.

12. During rental, it is recommended for the Client to have a working mobile phone in case of necessity.

13. The basket mounted in front of the bike is suitable solely for carrying light items. In order to ensure safety and to prevent damaging the bike it is not allowed to place any heavy items in the basket. The maximum weight of items in the basket cannot exceed 5 kg. Items placed in the basket may not hang outside the rim of the basket and they should not contain any sharp edges. If an accident occurs due to inappropriate use of the basket, the Client bears responsibility for it and will cover any costs arising from it. The Operator shall not bear responsibility for damages to items or goods carried in the basket.

14. The maximum weight of the Client and the carried items is 120kg.

15. In the event of any problem with the retrieval, use or return of a bike to the GRM Station, the Client is obliged to phone CK GRM. A CK GRM employee will inform the Client of further procedures.

16. The bike should be used according to its designated function.

17. A GRM bike is an individual, urban means of transportation. It is not allowed to use a GRM bike for jumps, stunt tricks, racing, or pushing or hauling anything.

18. In case of a breach of any of the above Regulations, especially in situations having caused damage to the Operator, the Operator reserves the right to block a Client’s account until the matter is resolved.

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 CK. In case of each failure which prevents further ride the Client is obliged to stop and inform via telephone CK as well as return the bike to the closest GRM 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 GRM Service.

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

X. Return

1. The Client is obliged to connect the bike with the bike stand in such a way so that the adapter installed to the fork of the bike is placed within the electrolock being an integral part of the stand and hold the bike until an automatic closure of the lock blockade. Automatic closure of the blockade is signalized by a sound signal and a physical lock of the bike in the electrolock. We recommend that the Client ensures that the bike has been returned to the GRM System. This may be done through logging into the GRM Terminal by means of Nextbike application or through contacting CK.

2. If placing the bike within the electrolock is impossible (ie. lack of free bike stand at the GRM Station or failure at GRM Station) the Client is obliged to return the bike with the use of code lock, connecting the bike to the stand or another bike within the GRM Station, lock down the code lock, press the “Return” button on the electronic part of GRM Terminal and proceed according to instructions displayed. Once the lock is secured the Client may return the bike via www.rowery.grodzisk.pl website, Nextbike application or through contacting CK.

3. In case of incorrect return of the bike, as specified in clauses X.1 nad X.2 the Client shall bear the costs of further rental and shall be responsible for a potential theft.

4. In the event, when during rental an accident or a collision occurs, the Client is obliged to draw up a statement or call up the police onto the place of accident. If, during such event the bike is damaged, all costs related to restoring the bike to the state from before the accident/collision shall be borne by the person responsible for the occurrence posts prior submission of the right document indicating the offender. In a different case all costs related to the repair are borne by the owner of the account. Furthermore, in case of the occurrence of the above event the Client is obliged to inform CK GRM no later than 7 days post the event.

XI. Charges

1. Charges are calculated according to the rates specified in the Tables of charges and penalties, constituting an annex to the Terms of Service, available on www.rowery.grodzisk.pl and within GRM Terminals. The basis for the calculation of a charge is the number of minutes of rental, measured from the moment of bike rental in GRM Terminal, or from the moment of obtaining the code lock which releases the securing rope, to the moment of connecting the bike with electrolock or obtaining the confirmation from the GRM System regarding the confirmation of bike return.

2. Charges for the use of rental are diverse and depend on the length of time of bike rental. The charge for a single rental is a sum of charges for the subsequent time periods, ie. a 160-minute rental costs 3PLN.

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.

4. In case when charging the fee for the ride exceeds the means on the account the Client is obliged to top up his pre-paid Account at least to reach the balance equal to 0PLN within 7 days. In case of failure to settle overdue payments, the Operator reserves the right to commence adequate legal steps against the Client, targeted at obtaining the payment on account of the realized Agreement. The Operator is entitled to calculate statutory interest from the amounts overdue calculated from the day of maturity until the day of factual repayment made in full.

5. During the term of the agreement with the Operator of GRM system the payments towards rentals (top up amount) are non-refundable.

6. In case of proven abuses related to the inappropriate use, in particular, conducting unauthorized rentals of bikes, the Client is charged with a penalty indicated in the Table of charges and penalties of GRM.

XII. Responsibility

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

2. The Operator shall not bear responsibility for any direct or follow up damages as well as lost benefits caused as a result of improper performance of the Agreement by the Client, or for any other damages for which the Client is responsible, with the exclusion of damages caused by the Operator purposefully.

3. Any claims and complaints resulting from them ought to be directed by the Clients to the address of the Operator.

4. The Operator reserves the right to disclose Client’s data, in case of a necessity of disclosing the data to the authorized persons stems from the binding legal provisions.

XIII. Complaints

1. The Client may submit a complaint within 7 days from the date of the event which caused the complaint.

2. All complaints concerning the services provided on the basis of the Terms of Service may be submitted:

a. via electronic means to the email address ck@rowery.grodzisk.pl,

b. via post to the address f 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, PESEL number, which would allow for an identification of the Client will not be considered.

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

6. The Operator reviews the complaint within 14 days from the date of obtaining it or supplementing it, and in particularly complex matters this occurs within 30 days , while in case the complaint concerns the transaction conducted with the use of payment card it might take up to 90 days from the date of the complaint submission. In case of the necessity to supplement the complaint the term for reviewing the complaint commences on the day of receipt of documents by the Operator which supplement the compaint or which provide additional explanations/information. In case of an inability to meet the deadline for the review of a complaint, the Operator will inform the Client of any delays, indicating the cause of a delay ( circumstances which must be established) and an expected term for the review of the complaint.

7. The process of considering the complaint commences immediately post its receipt by the Operator. It is characterized by thoroughness, attention to detail, objectivity and respect of generally binding provisions of law and good practices.

8. The Client grants consent for the reply to the complaint to be sent via electronic means or via post to the correspondence address in a way indicated within the complaint. In particularly justified cases the Operator may send a reply to another email address, indicated by the complaining person.

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

10. CK 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 CK. The appeals ought to be sent regardless of the method of submission-letter, email- no later than within 14 days from receipt of the decision by the Client which he wishes to appeal against. The appeal will be considered within 14 days from the day of its submission to CK.

12. The Client may:

a. direct an appeal against the decision of the Operator directly to CK 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 ck@rowery.grodzisk.pl, a statement regarding withdrawal from Agreement,

b) sending to the postal address of the Operator, specified in clause I.3 a written declaration of withdrawal from Agreement. For this reason the Client may avail of the form on withdrawal from Agreement enclosed in Annex no. 2 to the act on consumer rights ( Journal of Laws of 2014, item 827 as amended), however, this is not obligatory.

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

4. The right to withdraw from the Agreement is not granted to the Client in reference to the agreements specified in sec. 38 of the act on the consumer rights (Journal of Laws from 2014, item 827 a amended), and in particular, it is not possible post realization of the Agreement.

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

1. The Client has the right to terminate the Agreement . Termination in the written form must be sent to the electronic address ck@rowery.grodzisk.pl or to the postal address of the Operator.

2. The termination of the Agreement takes effect within 14 days from the date of receipt of the termination by the Operator.

3. Upon terminating the Agreement the Client is obliged to top up the means on the pre-paid Account to reach the balance of 0PLN.

4. If the means on the pre-paid Account exceed OPLN on the day of termination of the Agreement, they will be returned to the account from which they had been paid at the clear request by the Client, other, indicated within the termination. The returned amount will be decreased by the transfer fees.

XVI. Final Provisions

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

2. The Operator reserves the right to terminate the Agreement with a notice of 14 days in case the Client breaches the provisions of the hereby Terms of Service (ie. lack of acceptance of the new Terms of Service, non-return of a bike at the required time) while the Client is entitled, in respect of the Operator, to submit claims related to the return of means on the pre-paid account, provided that they were not used by the Operator previously to cover the payable liabilities chargeable to the Client.

3. The Operator is entitled to introduce changes to the Terms of Service or to Privacy Policy with effect for the future. The information regarding changes to the hereby Terms of Service or to the Privacy Policy will be sent to the email address indicated upon registration. Lack of a written information regarding non-acceptance of the changes of the Terms of Service sent to CK within 14 days from the day of its issuance to the Client indicates an acceptance of the introduced changes in the Terms of Service by the Client.

4. For all matters unresolved in the hereby Terms of Service the binding legal provisions shall apply, and in particular, the provisions of the Civil Code and the act on road traffic.

5. In case of any discrepancies between the Polish and foreign language version of the Terms of Service, the Polish version of the document shall prevail.

Appendix no. 1 GRM Fees and Charges Schedule

Appendix no. 2 Costs of repair and reinstatement of a bicycle in the GRM System.

Rules:

Grodziski Rower Miejski

Lubelski Rower Miejski

BiKeR

Wrocławski Rower Miejski

Poznański Rower Miejski

Bemowo Bike

Veturilo

Rower Trójmiejski

Opole Bike

KRM – Konstanciński Rower Miejski

Płatności

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