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Multisport

Rules

TERMS OF SERVICE
Of the system of Warsaw Public Bike also called Veturilo

Effective from 30.08.2017

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I. General Provisions

1. The hereby Terms of Service shall specify the rules and conditions of the use of Warsaw Public Bike system, also called Veturilo (further: Veturilo) launched for the city of Warsaw.

2. Terms of Service of Veturilo as well as the Privacy Policy are availablefree of charge on the internet website www.veturilo.waw.pl in such a way so as to enable familiarising with the contents, obtaining, accessing and recording it. This document may be obtained at the headquarters of Nextbike Polska S.A. with its registered seat in Warsaw.

3. Contact:

Nextbike Polska S.A. ul. Przasnyska 6b
01-756 Warszawa
e-mail: ck@veturilo.waw.pl
tel.: 19 115
tel.: 19 115 (call charges in accordance with Operators’ tariffs).

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

II. Definitions

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

2. Agreement – Agreement between Client and Operator which establishes mutual rights and obligations specified in the Terms of Service. It is considered that the Agreement containing the provisions of the hereby Terms of Service shall be automatically concluded at the time of registration of the Client within Veturilo and subject to submission by Client of declaration of acceptance of Terms of Service, submission of declaration on granting consent for personal data processing and initial fee payment paid during the registration process of the Client in Veturilo. Personal Data Administrator shall be Nextbike Polska.

3. Operator – Nextbike Polska S.A. Realizing services related to servicing Veturilo ul. Przasnyska 6b, 01-756 Warsaw, entered into the register of entrepreneurs of the National Court Register maintained by District Court for the city of Warsaw in Warsaw, XII Economic Department of the National Court Register under the KRS number 0000646950, REGON number 021336152, NIP number 8951981007,

4. Veturilo 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. Previous System Veturilo – Operator’s system of bicycle rental, including bikes, technical infrastructure, software and equipment for renting bicycles, operating in the Capital City of Warsaw in the years 2012 – 2016.

6. Client – participant of Veturilo System who has accepted the Terms of Service and is registered within the Veturilo System. Personal data of Clients are processed and made available in accordance with the consents granted by Veturilo System.

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

8. Veturilo Contact Centre (CK) – a platform launched by the Operator which ensures telephone contact for its Clients via a hotline at the following number 19 115, contact via electronic post via e-mail to the address ck@veturilo.waw.pl as well as a 24/7 service. Information regarding the functioning of CK is available on the internet website www.veturilo.waw.pl.

9. Veturilo station– set of bike stands with the devices for self-registration in the Veturilo system and for rental of bikes through Veturilo Terminal. Veturilo List of Stations may be found on the websitewww.veturilo.waw.pl.

10. Veturilo Children station– set of bike stands with the devices for self-registration in the Veturilo system and for rental of children bikes through Veturilo Terminal. Veturilo List of ChildrenStations may be found on the website www.veturilo.waw.pl.

11. Veturilo electric station– set of bike stands with the devices for self-registration in the Veturilo system and for rental of electric bikes through Veturilo Terminal. Veturilo List of ElectricStations may be found on the website www.veturilo.waw.pl.

12. Veturilo Terminal-device for self-rental of bikes located in Veturilo Stations.

13. 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 Veturilo and a 6 digit PIN number which was indicated during registration in Veturilo. In order to facilitate the process of rental and the return of bikes within the Veturilo system, the Client is allowed to use, post activation in Veturilo Terminal: Warsaw Urban Card, 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. Warsaw Urban Card (WKM), proximity, personalized electronic card (RFID) with its unique, encoded number together with PIN number,

c. ELS Electronic Student ID (ELS), proximity, personalized electronic card (chip+RFID) with its unique, encoded number together with PIN number,

d. payment cards-consumer credit cards, charge, debit and pre-paid cards issued by payment organizations of Visa International and Mastercard International issuers and other which fulfil the requirements of electronic payment means in the meaning of the act on electronic payment instruments (that is Journal of Laws of 2016, item 1572) with PIN number. Terminals are adjusted for cooperation with PayPass and PayWave types of products,

e. Other carriers compatible with WKM, tested for coding communication tickets for the city of Warsaw together with a PIN number.

Post logging in on one’s account on the website www.veturilo.waw.pl each Client may switch off the PIN code through marking this option: Upon each rental and return, in order to ensure my safety, please ask me about my PIN number. This option allows for rental/return of a bike at the terminal without the need to indicate a PIN code with the use of the following methods of identification: b, c, d and e.

14. Tables of charges and penalties – price list of services and charges of Veturilo, being an integral part of the Agreement.The pricelist is available on the website www.veturilo.waw.pl.

15. Pre-paid account – personal account of a Client within the settlement system of Veturilo System where debit and credit operations are realized for the use of services and products offered within the Veturilo 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.

16. Initial fee – the amount of initial fee within Veturilo System equates to 10PLN gross (in words: ten zloty) and is made by the Client upon registering in Veturilo System the payment of which constitutes an initial top up towards the top-up amount.

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

18. 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.

19. User zone – administrative borders of the capital city of Warsaw and Konstancin-Jeziorna (hereinafter referred to as KRM). The Veturilo system is fully compatible with the KRM system and allows both KRM and Veturilo bikes to be used.

20. Bike rental – rental of a bike from Veturilo Station by means of Client Identifier or via another method as specified in clause II.12. Rental process is specified in detail in clause VII of the Terms of Service.

21. Bike return – return of a bike to Veturilo Station. The process of bike return is specified in Clause X of the Terms of Service.

22. Electric lock – mechanism which releases and blocks the bikes in the docking station. Rental of a bike which is blocked by electric lock is possible solely directly from the terminal.

23. Promotional/Gratifying voucher – promotional action of the Operator as a result of which the Operator will offer a possibility for the Client to gain additional top ups of the account set up within the Veturilo System.

24. Mobile Application Veturilo – Mobile application for use with Veturilo System, available on IOS and Android devices.

25. Nextbike Mobile Application – Mobile application that allows you to use the Veturilo System, available on Windows devices.

III. General rules of use of Veturilo

1. The condition for the use of Veturilo 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 Veturilo is, furthermore, maintenance of a minimum top up level on the Client’s account during the time of each rental, in the amount of no less than 10 PLN (in words: ten zloty).

2. The Operator lends 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 at least 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. Within the statement the parents or legal guardians undertake to top up the account of the minor within Veturilo System in a way so as to ensure that the account is active at the time of rental (VII, clause 1). In order to maintain a written form of legal action the Guardian is obliged to submit a handwritten signature on the consent. Scan of the letter must be posted viaelectronic means to the email address ck@veturilo.waw.pl or via post to the address of the Operator or submitted in persons at the headquarters of the Operator.

4. The Client may rent up to four bikes 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 Veturilo System.

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

5. In the event of theft of the bike that occurs during rental, the Client is obliged to inform CK Veturilo within the maximum of 12 hours from the theft incident.

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

7. The Client bears full and total responsibility and undertakes to cover any tickets, fines, fees etc. obtained by the Client, related to the use of the bike and imposed on them out of their own fault.

8. In case of proven damages resulting from improper use of the equipment which is part of Veturilo 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 Operator shall be authorized to charge an amount equivalent to the costs of repair or restoration of a bike from the top up amount on Client’s account to which the Client hereby consents.

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 Veturilo.

10. Any purposeful damage to the property of the Operator shall result in the necessity to bear costs of repair and restoration by the perpetrator and, in consequence, it may result in the initiation of court proceedings. The Operator reserves the right to recover any justified costs, including costs of legal representation, from the person who caused damages or destructions.

11. The Client 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.

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

V. Registration

1. An obligatory condition for the use of Veturilo System is prior Client registration, acceptance of provisions of Terms of Service, submission of statement on granting consent for processing of personal data and payment of initial fee.

2. The registration takes place at the internet portal available at the address: www.veturilo.waw.pl. In addition, a possibility of registration via telephone contact with an employee of CK Veturilo, terminal, as well as by Mobile Application Veturilo, and Nextbike Mobile Application.

3. During the process of registration through the website www.veturilo.waw.pl,via Mobile Application Veturilo or Nextbike or via telephone contact with a CK Veturilo employee the indication of the following personal details is necessary:

a. name and surname,

b. contact address, that is city, street including flat/house number, postal code, country, email address,

c. PESEL number,

d. mobile phone number,

e. payment card number in case of payment with credit card with the possibility of charging (optional),

4. During registration process at the Veturilo Terminal, the Client indicates the following personal details;

a. mobile phone number,

b. name and surname,,

c. payment card number with possibility of charging,

which he is obliged to supplement with the remaining data as specified in point 3 (b) and (c) no later than within 24 hours post registration.

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

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

7. The conditions for registering is indicating true data, acceptance of conditions specified in the hereby Terms of Service. Personal data will be processed in line with the act of 29 April 1997 on personal data protection for execution of the Agreement (consolidated text, Journal of Laws from 2016, item 922) and in the scope and purpose of damages caused by the Client. 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 S.A. 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 Veturilo System services. The information on safety of personal data is availablewithin the Privacy Policy document of Nextbike Polska, available at: www.veturilo.waw.pl.

8. Personal data of Clients are processed exclusively for the purposes of the functioning of Veturilo system and in accordance with the granted consents and they may be made available to other entities cooperating with Nextbike Polska solely within the frames of binding legal provisions.

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

10. 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 Veturilo, as well as anonymous questionnaires sent by means of electronic post or available directly within the Veturilo System, targeted at obtaining by Operator demographic and profile Client personal data of Clients (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.

11. 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 Veturilo IT system. If there are no arrears in the scope of payments for the use of bikes and data concerning individual transactions are no longer obligatory for realization of target for which they have been gathered, they are deleted immediately upon submission by Client of a motion for their deletion. In case of submitting a complaint, such data are stored until completion of the complaint procedure and potential proceedings caused by it, identification of claim by the Client and for evidence purposes. In case of a notification within this term (i.e. compensation or indemnification for damages)- data are processed during establishing the potential liability of the Operator/ Client and realization of the issued judgement in this regard.

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

13. Administrator of personal data-Operator undertakes to maintain confidentiality of 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.

14. 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 Veturilo 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 Veturilo System.

VI. Payment methods

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

a. Topping up the pre-paid Account via bank transfer or through payment viapayment card, in particular, via the portal www.veturilo.waw.pl, from which the means will be charged in the amounts as indicated in Tables of Charges and Penalties, and subsequently transferred to the account of the Operator.

b. launching the order of debiting the credit card with which the charging of payment of a minimum of 10 PLN is related. This might be conducted by means of entering credit card number within Veturilo Terminal during contact with CK Veturilo as well as by means of mobile application Nextbike.

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

3. At Client request, the Operator will provide the Client with VAT invoice, issued by Municipal Road Authority in Warsaw, covering paid ride. For this purpose the Client should contact the Operator via electronic means to the email address of the Operator, indicating data necessary for VAT invoice issuance, date and time of rental of bike and number of bike.

4. The Operator will send a VAT invoice via electronic means to the email address from which the Client contacted the Operator. In particularly justified cases the Operator may send a VAT invoice to another email address, indicated by the Client.

VII. Rental

1. Bike rental is possible in case a Client has an active account status. Active account status is understood as:

a. a minimum amount of 10 PLN gross on the pre-paid Account, through topping up by means of transfer or by single payment with the use of payment card,

b. defining which form of payment of the payment card with possibility of debiting, via terminal or via contact with CK, through which these means are automatically transferred.

2. Bike rental is possible at any Veturilo Station post prior launch of Veturilo Terminal, logging in and proceeding according to the displayed messages on the device of Veturilo Terminal. Release of electric lock is signalized via adequate message displayed on Veturilo Terminal as well as a sound signal. During rental the Client obtains a number to code lock which opens the safety cord in the rented bike. This number, until bike return may be confirmed within Veturilo Terminal,Mobile Application Veturilo, Mobile Application Nextbike and at CK Veturilo. Client is obliged to ensure that the bike has a safety cord, also called a clamp, prior to rental. In case of lack of clamp, Client is obliged to contact CK Veturilo and inform them of its lack. Rental may also be conducted by means of Mobile Application Veturilo, Mobile Application Nextbike or by contacting CK Veturilo.

3. Children bike rental is possible at Children Veturilo Station. Furthermore:

a. use of bikes of children type is possible only under the supervision of their legal guardians with an account in Veturilo System. Legal guardian is obliged to supervise the ride of a child for the entire duration of rental until bike return at the docking station,

b. children bikes are bikes with: wheel rims with dimensions of 18 inches, designated for children above 4 years of age and height from 110 cm as well as wheel rims of dimensions of 20 inches designated for children above 6 years of age and height above 120 cm.

c. prior to rental of a children bike, legal guardian must ensure that the child is able to ride a bike without the use of so called side-wheels,

d. legal guardian takes full responsibility for a child during children bike rental,

e. children bikes are not equipped in safety rope and may be rented solely and exclusively at Children Veturilo Station.

f. in case of lack of possibility of return of children bike into the electric lock, legal guardian is obliged to contact the Operator through 24/h Contact Centre under the number 19115. CK employee will inform him how to secure the bike.

4. Rental of electric bike is possible solely at Electric Veturilo Station. Rental commences at the time of completion of rental procedure as described in clause 2.

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

6. In case of discovering during the bike rental any failure of the bike, the Client is obliged to immediately report the problem to CK Veturilo and return the bike to the closest Veturilo Station.

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

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

9. The basket mounted in front of the bike is suitable solely for the carriage of light items. In order to ensure safety and at the risk of damaging the bike it is not allowed to place any heavy items within the basket. While carrying items the weight of which exceeds 5 kg in the basket one must maintain special caution. The maximum weight of items within the basket cannot exceed 15 kg. Items placed in the basket may not protrude above the rim of the basket and they should not contain any sharp edges. If an accident occurs due to inappropriate use of the basket, the Client bears responsibility for it and will cover any costs arising from it. The Operator shall not bear responsibility for damages or leaving items or goods carried in the basket.

10. Maximum load of a bike:

a. for a bike, designated for use by 1 person, it cannot exceed 120 kg,

b. for tandem, designated for use by 2 persons, it cannot exceed 227 kg,

c. for children bike, designated for use by 1 person, it cannot exceed 60 kg,

d. for electric bike, designated for use by 1 person, it cannot exceed 120 kg.

11. Holder placed in tandems is designated to carry bottle drinks solely. The user is obliged to ensure that the carried drink is secured in a way that prevents it from falling out during the ride. If an accident occurs due to inappropriate use of the holders, the Client bears responsibility for it and will cover any costs arising from it. The Operator shall not bear responsibility for damages to items or goods carried in the holder.

12. In case of any problems with the rental or return of the bike from Veturilo Station the Client is obliged to contact CK Veturilo by phone. The employee of CK will inform the Client of further actions to be taken. The rented bike ought to be used in accordance with its purpose. Veturilo bike as a transport means is designated to move around Veturilo Stations. It is not allowed to use Veturilo bikes for mountain rides, jumps, stunt tricks, as well as racing and using the bike to pull or push anything is not allowed.

13. 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.

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 single 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 within the maximum of 12 hours from the time of bike rental in the system. 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 Veturilo 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 Veturilo Service.

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

X. Return

1. Client is obliged to connect the bike with the bike stand in such a way so as the adapter mounted to the bike fork enters the electric lock which is an integral part of the stand and hold the bike until automatic closure of the lock. Automatic closure of the lock is signalized with sound signal, green LED and physical closure of the bike in the lock. The Client is responsible for correct securing and returning the bike within the system. In case of difficulties with returning the bike the Client is obliged to contact with CK Veturilo.

2. Return of children bike may be made solely at Children Veturilo Station.

3. Return of electric bike is possible solely at Electric Veturilo Station. Return of electric bike must take place at the Electric Veturilo Station which is not overcrowded. In case of overcrowding of the station the Client is obliged to return the bike to the closest not overcrowded Electric Veturilo Station. In case of failure of the station the Client is obliged to contact CK Veturilo.

4. Only in the case of lack of possibility of fastening the bike into electric lock (lack of free stand in Veturilo Station or failure of Veturilo Station) the Client is obliged to return the bike with the use of code lock, connecting the bike into the stand or to another bike located at Veturilo Station, blocking the lock, pressing the button “Return” on electronic part of Veturilo Terminal and proceeding in accordance with instructions on the display. Upon blocking the lock, the Client may also return the bike via Mobile Application Veturilo, Mobile Application Nextbike or through contacting CK Veturilo.

5. In case of improper bike return as specified in clauses X.1 TO X.3. Client bears costs of its further rental and is responsible for any potential theft or damage.

6. In case when during rental of a bike an accident or collision occurs, Client is obliged to write a statement or call the Police to the site. Furthermore, in case of the occurrence of the above event the Client is obliged to inform CK Veturilo no later than 24 hours 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.veturilo.waw.pl and in Veturilo Terminals. The basis for the calculation of a charge is the number of minutes of rental, counted from the moment of bike rental, obtaining confirmation from the Veturilo System regarding the confirmation of bike return.

2. Charges for the use of rental are diverse and depend on the length of time of bike rental. Fee for single rental is a sum of receivables for subsequent time intervals.

3. Time of charging is divided into one-hour periods with the exception of the first hour of rental during which the period of the first twenty minutes of rental is calculated.

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 on account of overdue payments from the amounts overdue calculated from the day of maturity until the day of factual repayment made in full.

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

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

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

XII. Responsibility

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

2. The Operator bears responsibility for damages stemming from non-performance or incorrect performance of Agreement unless non-performance or incorrect performance is a result of circumstances for which the Operator does not bear responsibility.

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

XIII. Complaints

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

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

a. via electronic means to the email address ck@veturilo.waw.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, telephone number, which would allow for an identification of the Client will not be considered by the Operator.

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

6. Operator processes complaints within 14 days from the date of their receipt or supplement , and in particularly complicated cases within 30 days. In case of the necessity to supplement the complaint the term for reviewing the complaint commences on the day of receipt of documents by the Operator which supplement the complaint or which provide additional explanations/information. In case of an inability to meet the deadline for the review of a complaint, the Operator will inform the Client of any delays, indicating the cause of a delay ( circumstances which must be established) and an expected term for the review of the complaint.

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

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

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

10. The Client has the right to appeal against the decision issued by Operator. The appeal will be considered within 14 days from the day of its submission to CK. The appeal should be submitted in writing and sent to the Operator’s mailing address or to the e-mail address ck@veturilo.waw.pl.

11. 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@veturilo.waw.pla 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. In case of withdrawal from the Agreement, the Agreement is treated as non-concluded, however, Parties exclude the possibility of withdrawal from the Agreement in part in which it was realized. 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 with the use of the same methods of payment which were used by the Client in the initial transaction, unless the Client indicated an alternative solution within declaration regarding withdrawal from Agreement.

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

1. The Client has the right to terminate the Agreement . Termination in thewritten form must be sent to the address ck@veturilo.waw.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. Termination of Agreement in a situation in which the balance of the pre-paid account of the Client is negative remains without effect on the right of the Operator to pursue the amount equal to the unsettled by the Client amount of receivable for services provided by the Operator.

4. If the funds of the pre-paid account exceed 0PLN on the day of Agreement termination they will be reimbursed to the bank account indicated by the Client, unless the Client consented to an alternative solution within Termination of Agreement. Another solution ought to be indicated by the Client within the submitted declaration. Reimbursement of funds will occur within the term up to 30 days from the date of Agreement Termination. 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 indicates: 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 (i.e. lack of acceptance of the new Terms of Service, non-return of a bike at the required time) while the Client is entitled, in respect of the Operator, to submit claims related to the return of means on the 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 written information of lack of acceptance of the change to Terms of Service or Privacy Policy sent to CK within 14 days from the day of its posting to the Client indicates acceptance of introduced changes within Terms of Service or Privacy Policy by the Client.

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.

XVI. Veturilo Mobile Applications and Nextbike

1. Mobile Applications Veturilo and Nextbike are available for free download for Veturilo Apps in Google Play and Apple AppStore Stores, and for Nextbike Applications in the Microsoft Store.

2. Use of Mobile Applications is possible on phones with the current Google Android or Apple IOS for Veturilo, Windows Phone or Windows Mobile applications for Nextbike applications and Internet access.

3. Using the Veturilo Mobile Applications and Nextbike is possible after registering with the Veturilo System. The provisions of these Terms and Conditions governing the use of Veturilo apply accordingly to Veturilo Mobile Applications and Nextbike.

XVII. Final Provisions

1. The acceptance of the hereby Terms of Service and the rental of the bike indicates: a declaration of the health state which 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 (i.e. non-return of a bike at the required time) while the Client is entitled, in respect of the Operator, to submit claims related to the return of means on the 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 written information of lack of acceptance of the change to Terms of Service or Privacy Policy sent to CK within 14 days from the day of its posting to the Client indicates acceptance of introduced changes within Terms of Service or Privacy Policy by the Client. Written information about the Client’s non-acceptance of the amendment of the Terms of Use or Privacy Policy is equivalent to terminating the Agreement by the Customer.

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.

 

TERMS OF SERVICE
Of the system of Warsaw Public Bike also called Veturilo

Effective from 01.03.2017

Weather in Warsaw

today, thursday, 14 December 2017

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Pressure 998.49 hPa,
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