Romet Rental Systems

Regulations

Regulations for using the Krosno Rental Bike System

I. Recitals

These Regulations define the terms and conditions of using the Krosno Rental City Bike System.

The content of the Regulations is available free of charge on the website krosno.rentalbike.pl, the system login page and in the Romet Rental Systems mobile application.

II. Definitions

2.1 Regulations - these Regulations describe the rules and conditions of using the Krosno Rental Bike System, the scope of rights, obligations and responsibilities of the Operator and the Customer. Acceptance of the Regulations and fulfilment of all the conditions set out herein is a requirement for accession to and use of the Krosno Rental Bike System. The Customer enters into an agreement with the Operator of the Krosno Rental Bike System upon registration, by accepting the Regulations.

2.2 Agreement - the agreement between the Customer and the Operator of the Krosno Rental Bike System, which sets out the mutual rights and obligations set forth herein. The Agreement is concluded upon acceptance of the Regulations by the Customer, confirmation of registration via the activation link and payment of the initial fee specified in the Fee Schedule, which is also the minimum balance in the Customer’s Account which entitles the Customer to use bicycles of the Krosno Rental Bike System.

2.3 Operator of the Krosno Rental Bike System - an organisational unit that provides services related to the operation of the Krosno Rental Bike System is Arkus & Romet Group Sp. z o.o. with its registered office in Podgrodzie at Podgrodzie 32 C, 39-200 Dębica, entered into the Register of Entrepreneurs kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register, under KRS number 0000234280, NIP (Tax Identification No.) 8722235254, REGON (National Business Registry No.) 180040712, share capital of PLN 72,522,500.00 paid up in full. The Operator may, on the basis of a separate agreement, entrust the performance of part of the services related to the operation of the Krosno Rental Bike System to a third party (natural or legal person, or an organisational unit without legal personality), which is engaged in the performance of such services in the course of its business activity. The above applies in particular to entrusting the performance of the Service of the Krosno Rental Bike System and the Customer Service Centre of the Krosno Rental Bike System.

2.4 Krosno Rental Bike System - operating 24/7 technical and ICT infrastructure, software, equipment and bicycles, serving the performance of the service of unmanned, short-term rental of bicycles, hereinafter also referred to as the “Service” and “Rental”.

2.5 Customer - a User of the Krosno Rental Bike who has registered in the Krosno Rental Bike System on the website, accepted the Regulations and the Agreement, confirmed the registration by means of an activation link in the e-mail received at the e-mail address provided during registration and paid the initial fee specified in the Fee Schedule.

2.6 Service of the Krosno Rental Bike System - technical service of the system, involving maintenance, relocation of bicycles in stations and repairs of the Krosno Rental Bike System.

2.7 Customer Service Centre of the Krosno Rental Bike System - a helpline providing 24h telephone contact with the Operator of the Krosno Rental Bike System, at +48 519 691 960, voice mail and e-mail, at the e-mail address: info@krosno.rentalbike.pl

2.8 System operation area - administrative borders of the City within which the use of Krosno Rental Bike bicycles is allowed.

2.9 Krosno Rental Bike Station - a place for renting and returning bicycles by Customers, marked with the Krosno Rental Bike System symbol, equipped with a terminal and bicycle racks to which bicycles are returned (parked).

2.10 Terminal - a device for individual rental and return of a bicycle, located at the Krosno Rental Bike Station.

2.11 Rack - A parking place for a bicycle in the form of a special holder provided with an electric lock and safety equipment for a bicycle.

2.12 Customer ID - the Customer’s mobile phone number provided during registration and a 4-digit PIN number assigned by the Customer during the registration process in the Krosno Rental Bike System.

2.13 Login - an individual identifier assigned by the Customer to log in to the Customer’s panel in the Krosno Rental Bike System.

2.14 Fee Schedule - a price list of services and fees of the Krosno Rental Bike System constituting Appendix No. 2 to the Regulations, available on the website krosno.rentalbike.pl and in the mobile application.

2.15 Customer's Account - the Customer’s personal account in the Krosno Rental Bike System, which is credited and debited for the use of the Krosno Rental Bike System according to the Fee Schedule.

2.16 Online Payments - fast online payment systems operated by external service providers - PayU and Eservice.

2.17 Initial Fee - minimum balance of the Customer’s account entitling to use Krosno Rental Bike bicycles. It is non-refundable. In the event of cancellation, the Customer has the opportunity to use the remaining part of the money paid to rent bicycles for a period corresponding to the available money calculated in accordance with the rate given in the Fee Schedule. Having a minimum amount equal to or more than PLN 29 on the Customer’s Account entitles the Customer to use bicycles of the Krosno Rental Bike System in all locations and for the entire period of its operation.

2.18 Top-up amount - the amount paid by the Customer in the form of a prepayment (top-up) to the Customer’s personal prepaid account, to be used in full to cover the fees for the use of the Krosno Rental Bike System according to the Fee Schedule.

2.19. Bicycle rental - the start of using a bicycle from the Krosno Rental Bike. Bicycle rental is described in Section VII. of the Regulations: “Bicycle rental”.

2.20 Bicycle return - the end of using a bicycle in any Krosno Rental Bike. Bicycle return is described in Section IX. of the Regulations: “Bicycle return”.

2.21 Combination cable lock - an anti-theft cable with a combination lock used to protect a bicycle when it is parked or return a bicycle at the station if the station is full.

2.22 Mobile application - Krosno Rental Bike system software running on mobile devices, such as mobile phones, smartphones, laptops and tablets.

2.23 Special campaigns - promotional and information campaigns carried out for the Customers of the Krosno Rental Bike System during the operation of the System, serving to promote and popularise it among the residents of the City where Krosno Rental Bike operates.

2.24 Organiser of the Krosno Rental Bike System - Arkus & Romet Group Sp. z o.o. with its registered office in Podgrodzie at Podgrodzie 32 C, 39-200 Dębica

2.25 Map of the Krosno Rental Bike System - the area of the city where the stations are located, presented on the website krosno.rentalbike.pl, bicycle stations and in the mobile application, within which the Krosno Rental Bike System operates.

2.26 Booking - a function which makes it possible for the Customer to remotely and free of charge book a bicycle via the user panel on the website or in the mobile application. Booking is made for 10 minutes, after which time the booking is automatically cancelled.

III Access to the Service

3.1 Full access to the Krosno Rental Bike Service is possible only if the Customer's computer system meets the following total technical requirements:

• having an active e-mail account (e-mail address) enabling contact with the Operator / Krosno Rental Bike Helpline,

• having access to a web browsing device with an operating system installed that enables that device to work with one of the web browsers installed: Mozilla FireFox, Microsoft Internet Explorer, Google Chrome, Opera, Safari.

• having an active connection to the Internet,

• having Cookie acceptance enabled in the web browser used by the Customer,

• having Java Script enabled in the web browser used by the Customer (default enabled in the web browser),

3.2 The Operator of the Krosno Rental Bike System informs that it is also possible to use other operating systems and web browsers in the terminal equipment referred to above, however, in such a situation, for technological reasons, it cannot ensure proper operation.

3.3 The Operator also provides the latest version of the Mobile Application available for devices running iOS and Android operating systems. In order for the application to work properly, always the latest available version must be installed.

IV General Terms and Conditions of using the Krosno Rental Bike System

4.1 In order to use the Krosno Rental Bike System, the Customer must conduct a registration procedure on the website krosno.rentalbike.pl. The procedure consists in filling in by the Customer the registration form and providing the required, correct personal and contact details, acceptance of the provisions of the Regulations, carrying out a correct verification of the e-mail address, by clicking on the link received by e-mail to the address provided during registration and making the initial fee in accordance with the Fee Schedule.

4.2 The Customer, accepting the Regulations, agrees to the processing of personal data and receiving information materials to promote the Krosno Rental Bike System to the e-mail address provided during registration. Personal data of the Customer shall be processed by the Operator solely for the purposes of the functioning of the Krosno Rental Bike System.

4.3 The Operator of the Krosno Rental Bike System shall give a bicycle to the Customer for use according to the terms and conditions specified in the Regulations. The Customer undertakes to observe the terms and conditions of the Regulations, in particular to pay the fees for renting a bicycle to the bank account indicated by the Operator, via an individual account in the Krosno Rental Bike System and to use the bicycle in accordance with its intended use.

4.4 In order to use the Krosno Rental Bike System, the Customer must have a minimum of PLN 10.00 (say: ten PLN 00/100) on the Customer’s Account, and this amount applies to the right to rent one bicycle.

If the Customer wants to have the right to rent two, three or a maximum of four bicycles at the same time, the condition necessary to rent is that the Customer has means on the Customer's Account in the amount of at least PLN 10.00 PLN gross (say: ten PLN 00/100) for each rented bicycle.

4.5 The Customer shall be fully responsible for a bicycle from the moment of its rental - unfastening it from the Station, to the moment of returning the bicycle - fastening it to the Station and completing the procedure of returning the bicycle, subject to section 4.6 of this chapter of the Regulations. Before using a bicycle, the Customer should verify its technical condition (check brakes, lighting, tyre pressure), and in case of any doubts, leave the bicycle on the nearest rack and contact the Helpline. The Customer shall be responsible in particular for any damage caused by his or her fault, from the moment of renting a bicycle from any Station to the moment of returning the bicycle at any Station.

4.6 Minors under 18 years of age or other persons with limited legal capacity must provide the Operator before concluding the Agreement with a written consent of their parents or other legal representatives (legal guardians) - to conclude the Agreement and a statement of acceptance of the Regulations, assumption by parents or other legal representatives (legal guardians) of liability for any damage arising in particular from non-performance or improper performance of the Agreement. A model statement is available on the website krosno.rentalbike.pl (Appendix No. 1). The signed statement must be delivered personally to the Operator or by registered mail to the address of the Operator of the Krosno Rental Bike System.

4.7 The Customer shall obliged to immediately notify the Customer Service Centre of the Krosno Rental Bike System about the theft of the bicycle during the rental of the bicycle and immediately report this fact to the local Police.

4.8 Using a rented bicycle shall be permitted in the area specified by the Operator of the Rental Bike System, available on the website krosno.rentalbike.pl and in the Krosno Rental Bike mobile application.

V Liability / Customer’s obligation

5.1 The Customer shall be responsible for using the bicycle in accordance with the terms and conditions of the Regulations and the provisions of the Highway Code.

5.2 The Customer shall be obliged to return the bicycle in non-deteriorated condition, i.e. in good and undamaged condition, after the end of the rental period, and shall also be responsible for accidental and non-culpable loss of the bicycle and its damage, unless the mandatory provisions of common law (ius cogens) provide otherwise.

5.3 The Customer shall be obliged to ensure that the bicycle is properly and effectively secured against theft and any damage during the rental period, including securing the bicycle with a cable lock.

5.4 Making the bicycle or account available by the Customer to a third party shall be against the provisions of the Regulations and shall not release the Customer from responsibility for its damage or theft, until the end of the rental.

5.5 The Customer shall be fully liable for the consequences of events resulting from a breach of applicable law and the Regulations when using the Krosno Rental Bike System. The Operator of the System shall not incur any liability or risk in this respect.

5.6. It is forbidden to use the Krosno Rental Bike System by persons under the influence of alcohol or other intoxicants, psychotropic substances or substitutes within the meaning of the drug prevention regulations, as well as medicines and substances the use of which constitutes a contraindication to driving.

5.7 The use of bicycles as part of the Krosno Rental Bike System may take place only for non-commercial purposes and only for the Customer's personal use.

5.8 If the Customer destroys/damages the infrastructure of the Krosno Rental Bike System (bicycles, Terminals, Stations) as a result of improper use or violation of the provisions of the Regulations or generally applicable law, the Customer shall be obliged to pay all repair costs and to bring the destroyed/damaged infrastructure to the condition before the destruction/damage.

The Operator shall issue a bill or VAT invoice to the Customer for the repair of the destroyed/damaged infrastructure of the Krosno Rental Bike System.

5.9 Intentional damage to the infrastructure of the Krosno Rental Bike System shall result in reporting an offence to the law enforcement authorities by the Operator of the System, shall give rise to full liability for damages on the part of the perpetrator for damage/destruction caused (in the scope of so-called actual damage and due to lost profits by the Operator), and the need for the perpetrator to bear all costs arising from the damage/destruction.

5.10 Save as otherwise provided in these Regulations, any damage resulting from non-performance or incorrect performance of the Agreement shall be borne by the Customer of the Krosno Rental Bike System, unless the non-performance or incorrect performance of the Agreement is due to circumstances for which the Customer is not responsible.

5.11 It is forbidden for the Customer to transport bicycles by any means of private transport.

5.12 In case of loss/damage/destruction of the bicycle by the Customer specified in the cases set out in section 4.7 or 5.8 of the Regulations, the total cost of restoring the bicycle, specified in the Fee Schedule, shall be covered by the Customer.

5.13 The Customer shall be obliged to immediately cover all costs, penalties, fines and administrative fees imposed on him/her in connection with using the bicycle in violation of applicable laws and the Regulations.

5.14 Exceeding the 12-hour rental period by the Customer shall result in additional costs specified in the Fee Schedule.

5.15 If an accident or collision occurs during the rental of the bicycle, the Customer shall be obliged to write a statement or call the Police to the place of the incident. The Customer shall be obliged to inform the Customer Service Centre thereof immediately after the occurrence of such an incident.

VI. Registration and Principles of personal data processing

6.1 Registration by the Customer in the Krosno Rental Bike System takes place on the website krosno.rentalbike.pl, in the Krosno Rental Bike mobile application and is a necessary condition for using the Krosno Rental Bike System.

6.2 In order to register the Customer in the Krosno Rental Bike System, it is necessary to provide the following information:

First name
Last name
E-mail address
Telephone number

6.3 The telephone number provided by the Customer during the registration process is used to rent bicycles in the terminal or mobile application. The personal data controller is ARKUS & ROMET GROUP SP Z O. O.

6.4 If you have any questions regarding data protection, please contact Arkus & Romet Group Sp. z o.o. with its registered office in Podgrodzie at Podgrodzie 32 C, 39-200 Dębica in the following manner:

e-mail contact at the address: rodo@romet.pl
written contact, by traditional mail to the address of the registered office: Podgrodzie 32 C, 39-200 Dębica

6.5 The personal data provided by the Customer shall be processed by the Operator of the Krosno Rental Bike System exclusively for the purposes of the operation of the System, the performance of the Agreement, the processing of complaints and the establishment, exercise or defence of any claims. The provision of the required personal data by the Customer shall be voluntary but necessary for the registration of the Customer in the Krosno Rental Bike System and for the conclusion of a bicycle rental agreement with the Customer.

6.6 The basis for the processing of the Customer’s personal data by the Operator of the Krosno Rental Bike System is the need for the conclusion and performance of the agreement between the Operator of the Krosno Rental Bike System and the Customer (basis for the processing: Article 6(1)(b) of General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 - the GDPR), which is concluded by the acceptance of the Regulations of the Krosno Rental Bike System by the Customer, the obligation to fulfil legal obligations, as well as the legitimate interest (basis for the processing: Article 6(1)(f) of the GDPR) pursued by the Operator of the Krosno Rental Bike System (in particular the establishment of the existence and exercise or defence of any claims).

6.7 The recipients of the Customers’ personal data shall include:

The Organiser of the Krosno Rental Bike System: Arkus & Romet Group Sp. z o.o.
Comdrev Sp. z o.o. as a provider of ICT infrastructure
Comdrev.pl Sp. z o.o. as a provider of software and mobile applications, e-mail, website hosting
independent administrators - service providers servicing online payments (i.e. PayU with its registered office in Poznań) and using credit and debit cards (Eservice with its registered office in Warsaw),
public bodies authorised under the applicable law to receive personal data (e.g. the Police).
Ilona Ryczak conducting business activity under the business name: Firma Handlowo-Usługowa “ILONA” at: ul. Lewakowskiego 53, 38-400 Krosno - who has been entrusted by the Operator with the performance of a part of services related to the operation of the Krosno Rental Bike System, including running the Service of the Krosno Rental Bike System and the Customer Service Centre of the Krosno Rental Bike System - and who, therefore, has access to the IT system and personal data of the Customers;

Personal data shall only be made available if there is a legal basis for doing so.
In case of entities providing services to the Operator of the Krosno Rental Bike System (i.e. acting for and on its behalf), the Operator shall conclude a data processing outsourcing agreement and the data shall be outsourced only to entities guaranteeing an appropriate level of security of the outsourced personal data.

The Operator of the Krosno Rental Bike System ensures that all its employees and associates processing personal data of the Customers are authorised to do so and are obliged to keep all information secret and confidential.

6.8 In connection with the processing of personal data, the Customer shall have the right to:

request further information on how the Customer’s personal data will be used,
require access to personal data and be provided with a copy of the data which have been transferred
receive, in a structured, machine-readable and commonly used format, the personal data which have been transferred to us and, as far as technically possible, request that such data be transferred to another controller without hindrance if they are processed on the basis of consent or an agreement and by automated means,
request the correction of any inaccuracies in the data we hold,
request the deletion of any data for the processing of which Romet has no longer any legal basis,
object to the processing on the basis of legitimate interest for reasons relating to the special situation of the Customer, unless our processing grounds take precedence over the interests, rights and freedoms of the Customer,
request that data processing be restricted, e.g. for the duration of the complaint handling period,
lodge a complaint with the supervisory body - the President of the Personal Data Protection Office.

The aforementioned rights may be exercised through: (1) e-mail contact at: rodo@romet.pl; (2) written contact by traditional mail to the address of the registered office of the Operator of the Krosno Rental Bike System.

6.9 The personal data provided and the data collected on the basis of the Customer’s activity (e.g. relations) shall not be subject to any profiling activity or shall not be the basis for automated decision making.

6.10 Each Customer who has completed the registration procedure, after logging in to the Krosno Rental Bike System, has access to all his/her data, can update them in the Krosno Rental Bike System and has access to transactions and rentals for the duration of the Agreement.

6.11 Personal data shall be processed by the Operator as long as the Customer has an account in the Krosno Rental Bike System, it is necessary for the provision of services or for the duration of the provision of bike rental services to the Organiser of the Krosno Rental Bike System. The Operator shall also store the Customer’s personal data if necessary in order to comply with legal obligations, settle disputes or enforce the provisions of the concluded agreements (in particular against the Organiser of the Krosno Rental Bike System and the Customers).

If there is no need to process the personal data of Customers for the purposes set out herein, we shall delete the Customer’s personal data.

6.12 The Operator reserves the right to contact the Customer only in matters related to the performance of the Agreement.

VII Forms of payment

7.1 The User shall pay the fee for the use of the Krosno Rental Bike System by making a payment to the Krosno Rental Bike Customer’s Account, created by the Operator to enable the Customer to use the Krosno Rental Bike System.

The payment into the prepaid account is made using the PayU online payment service portal implemented on the website www.romterental.com after logging in to the Customer’s account in the Krosno Rental Bike System and the payment methods available there.

7.2 A properly booked payment is deemed to be a moment when the means are deposited on the Customer's prepaid account.

7.3 The means deposited on the Krosno Rental Bike Customer's Account can be fully used in the System and shall not be refundable during and after the term of the agreement, except in the situation referred to in section 12.3 of the Regulations.

VIII. Bicycle rental.

8.1 The condition for renting a bicycle is to have an active account in the System and a minimum balance on the Customer's Account specified in the Fee Schedule.

It is also required that the User has an active mobile phone enabling permanent contact with the Customer Service Centre of the Krosno Rental Bike System.

8.2 A bicycle can be rented at any Krosno Rental Bike Station after logging in to the Krosno Rental Bike System with the phone number provided during registration and following the messages displayed on the Terminal or in the mobile application.

8.3 The Customer shall be obliged to make sure that the bicycle is suitable for the agreed use before unfastening the selected bicycle from the rack. The Customer should especially check if the bicycle tyres are inflated, wheel nuts are tightened with the appropriate force, the chain is not too loose, the brakes are working, the steering wheel is not too loose and if the bicycle has a combination cable lock attached to the frame. In case of improper condition of the bicycle, the Customer should immediately contact the Customer Service Centre of the Krosno Rental Bike System and should not rent such a bicycle.

8.4 If any defect is detected in the bicycle, the Customer shall be obliged to return the bicycle to the nearest Station and inform the Customer Service Centre of the Krosno Rental Bike System thereof stating the side number of the bicycle.

8.5 A bicycle is equipped with a basket on the front of the bicycle. The basket is equipped with expandor for attaching and securing the transported load. It is suitable for the transport of small items with a weight not exceeding 15 kg.

It is strictly forbidden to carry children in the basket.

Heavier items placed in the basket may be damaged, for which the Operator is not responsible. It is forbidden to carry sharp items protruding beyond the rim of the basket.

In the event of an accident or other incident resulting from improper use of the basket by the Customer, the Operator shall not be liable for any possible damage to items or goods transported in the basket.

8.6 The maximum load of a bicycle intended for use by 1 person must not exceed 120 kg.

8.7 The bicycle rented from the Krosno Rental Bike System must be used in accordance with its intended use. The bicycle, which is a means of public transport, is intended for moving between the Stations of the Krosno Rental Bike System.

The bicycle is not intended for competitive riding, riding outside paved surfaces, racing, pushing or pulling any thing or person.

8.8 In case of any problems with renting a bicycle at a given Station, the Customer should immediately contact the Customer Service Centre of the Krosno Rental Bike System. The employee of the Helpline will inform the Customer about the possible solution.

8.9 It is forbidden to use a safety lock that is not part of the Krosno Rental Bike System to lock the bicycle at the Station. In the event that such safety lock is detected, the Operator reserves the right to remove it, charging the costs of such action to the Customer in accordance with the Fee Schedule.

8.10 It is forbidden to park and, in particular, fasten any other bicycles to the Station with any kind of fastening. If other bicycles are parked, they will be removed from the Station along with the locks. The Operator shall not be liable for damaged locks of bicycles not belonging to Krosno Rental Bike.

IX. Rental duration.

9.1 The Customer is obliged to return the bicycle before the end of the 12th hour of rental at the latest.

9.2 Exceeding the time of rent shall result in the commencement of security measures and charging fees in accordance with the Fee Schedule.

9.3 The requirement indicated in section 9.1 shall not apply to Customers of special campaigns.

X. Bicycle return

10.1 The Customer may return the bicycle by locking it with any free electronic lock at any Station so that the hub is placed in the lock.

The Customer should make sure that the bicycle is properly secured by pulling the bike towards himself/herself. A correct return shall be signalled by a message displayed on the Terminal screen, a voice message and a Push message sent to the user’s phone having the Krosno Rental Bike application.

It is not necessary to perform any other activities. The bicycle will be recognised in the Krosno Rental Bike System, automatically settled, and the due fee collected from the user’s account to the Operator’s account.

10.2 If there is no free space at the Station (the Station is full and there is no free electronic lock), the Customer is obliged to return the bicycle using a cable lock, by fastening the bicycle to the Rack.

In this case, the return of the bicycle is possible using the Terminal keypad located at the bicycle Station and the mobile application.

10.3 If the bicycle return procedure is not carried out correctly due to the fault of the Customer, the Customer shall be liable for any damage caused by culpable action towards the Operator.

XI Repairs and Failures

11.1 Any and all failures shall be reported by phone to the Customer Service Centre of the Krosno Rental Bike System at +48 519 691 960, and via the mobile application in the Main Menu in the Report a Failure tab.

In case of any failure preventing further ride, the Customer must stop, notify the Customer Service Centre of the Krosno Rental Bike System by phone and return the bicycle to the nearest Station.

11.2 The Customer is obliged to act in a way limiting the possibility of causing damage or incurring liability for any reason due to improper use of the bicycle. The Customer must be able to contact the Customer Service Centre of the Krosno Rental Bike System at all times during the rental period.

11.3 Independent repairs of any kind, modifications of the rented bicycle and replacing any parts thereof shall be prohibited. The only entity authorised to take such actions shall be the Service of the Operator of the Krosno Rental Bike.

XII. Fees

12.1 The amount of the fee for renting a bicycle shall be specified in the Fee Schedule available on the website krosno.rentalbike.pl, in the mobile application and at the Stations (Appendix No. 2 hereto). The fee shall be calculated and charged based on the number of minutes of rent, from the moment a lock is released in the renting process, until ending the rent - a proper return of the bicycle to the Station.

12.2 Fees for using the bicycle depend on the length of the period of bicycle rent.

12.3 In the event that the fees due to the Operator for using the bicycle exceed the means available on the User Account, the User shall be obliged to bring the User Account to the balance of at least PLN 0.00 within 7 days.

XIII. Complaints.

13.1 A complaint is a request by the Customer to return the fee for non-performance or improper performance of the Service by e-mail to the following address: info@krosno.rentalbike.pl

13.2 The Customer shall have the right to lodge a complaint within 7 days from the date of the event giving rise to the complaint. All complaints related to services provided on the basis of these Regulations should be submitted via e-mail to the Operator of the Krosno Rental Bike System at the e-mail address: info@krosno.rentalbike.pl. Other forms of submitting complaints shall not be allowed.

13.3 A correctly sent complaint must be sent from the e-mail address provided during registration. In addition to the event described in detail, the complaint must contain the data of the Customer registered in the Krosno Rental Bike System, allowing for unambiguous identification of the Customer. These data include:

• first and last name,

• telephone number (Login)

• e-mail address provided during registration

If incomplete data are provided, the Operator reserves the right to leave the complaint unprocessed.

13.4 The Operator of the Krosno Rental Bike System shall consider the complaint within 14 days from the date of its submission or supplementation.

If the complaint is supplemented, the time limit for considering the complaint shall start to run from the date of delivery of supplementary documents, additional explanations or information.

Then, the Customer shall be sent feedback to the e-mail address indicated during registration.

13.5 In cases where the degree of difficulty makes it impossible to consider the complaint within the aforementioned time limit, the time for consideration can be extended to 30 days, with prior information for the complainant about such necessity.

13.6 If the data or information provided in the complaint need to be supplemented, the Operator of the Krosno Rental Bike System shall ask the complainant to provide the necessary supplementary documents before the complaint is processed.

13.7 The submission of a complaint shall not release the User from the obligation to fulfil his/her obligations towards the Operator of the Krosno Rental Bike System in a timely manner and to pay the due fee within 7 days of the event.

13.8 The Customer shall have the right to appeal against the decision issued by the Operator of the Krosno Rental Bike System within 14 days of its delivery to the Customer.

Appeals shall be considered within 21 days from the date of their receipt to the e-mail address: info@krosno.rentalbike.pl

If the Customer makes an Appeal, the Operator shall be obliged to reconsider the case being the subject of the decision issued as a result of the Customer’s complaint. The Operator’s decision issued as a result of the Appeal made by the Customer shall be final in the complaint procedure. The above shall not exclude the Customer’s right to bring the case to the court in accordance with section 13.9 of the Regulations.

13.9 The Customer shall have the right to seek damages on account of default or improper provision of the service before a court of law only after the complaint procedure has been exhausted.

The complaint procedure shall also be deemed exhausted when the Operator of the Krosno Rental Bike System does not provide feedback regarding the filed complaint and appeal (if made) within 1 month from the date of the complaint. The liability of the Operator for the failure to provide the service or the improper provision of the service shall be limited to the actual damage and shall not include potential lost profits.

13.10 In the case of accepted complaints, the credits subject to complaint shall be returned to the Customer’s Prepaid Account for subsequent rentals, unless the Customer, when making a complaint, indicates another method of return.

XIV. Withdrawal from the Agreement.

14.1 The User shall have the right to withdraw from the Agreement concluded with the Operator of the Krosno Rental Bike System, without any further explanation, within 14 days from the date of its conclusion.

For this purpose, the User shall send to the Operator’s address: info@krosno.rentalbike.pl a statement of withdrawal from the Agreement.

14.2 In case of withdrawal from the Agreement by the Customer, when the balance of the Customer’s Account is negative, the Customer shall be obliged to bring it to the balance of PLN 0.00 (say: zero PLN), within 7 days from the date of withdrawal from the Agreement.

14.3 The means paid to the Customer’s Account shall not be refundable and the Customer can use them for renting bicycles until they are fully exhausted, unless the Customer, when withdrawing from the Agreement, indicates another method of return.

XV. Termination of the Agreement

15.1 The Customer shall have the right to terminate the Agreement at any time. Termination of the Agreement should be sent in electronic form to the e-mail address info@krosno.rentalbike.pl along with the data enabling identification of the Customer entered during registration to the Krosno Rental Bike System, i.e.:

• first and last name,

• telephone number (Login)

• e-mail address provided during registration

• address of residence

15.2 In case of termination of the Agreement by the Customer, when the balance of the Customer's Account is negative, the Customer shall be obliged to bring it to the balance of PLN 0.00 (say: zero PLN), within 7 days from the date of termination, regardless of the provisions of section 12.3 of the Regulations.

15.3 The Customer should use the prepayments made until the end of the agreement. The Operator shall not reimburse any fees paid but not used.

15.4 The Operator reserves the right to terminate the Agreement for important reasons, i.e. in the event of violation by the Customer of the provisions of these Regulations such as:

- failure to pay the fee for exceeding the twelve-hour bicycle rental period,

- failure to pay for any damage to the infrastructure of the Krosno Rental Bike System,

- failure to settle the negative balance of the account within 7 days, after a prior unsuccessful call to the Customer to abandon or rectify breaches.

XVI. Personal data - supplementary information (marketing consent)

16.1 The Controller of the Customer's personal data is the Operator of the Krosno Rental Bike System.

16.2 The Operator undertakes to maintain the confidentiality of the Customer's personal data and may transfer them only to the entities specified in these Regulations and its employees performing duties related to the operation of the System.

16.3 The Customer may, by way of a separate statement, consent to the processing of his/ her data for marketing purposes (legal basis for the processing: Article 6(1)(a) of the GDPR), in particular for the purpose of sending commercial information by e-mail or traditional mail, and telephone contact for marketing purposes. In this case, personal data shall be processed until the withdrawal of consent by the Customer. The withdrawal of consent to the processing of personal data shall not affect the lawfulness of the processing carried out on the basis of consent prior to its withdrawal.

16.4 The Customer may withdraw his/her consent to the processing of personal data in electronic form or in writing to the addresses indicated in section 6.4 of these Regulations. In the event of any change in the personal/contact details, the Customer undertakes to update them immediately in the Krosno Rental Bike System.

XVII. Final provisions.

17.1 Using the Krosno Rental Bike System requires:

- appropriate health condition of the Customer, enabling safe cycling;

having the skills and permissions to cycle;

- knowledge of road traffic regulations, in particular the Act on Road Traffic of 20 June 1997 (Journal of Laws No. 98, item 602, as amended).

17.2 The Operator reserves the right to amend the provisions of the Regulations in case of important reasons understood as: modification of services by the Operator or use of services of new entities by the Operator to operate the System, necessity to adjust the Operator’s activity or the content of the Regulations to changed legal regulations, introduction of new rates, fees or rules of settlements with Customers of the System. Detailed information about the amendments to the Regulations shall be sent to the e-mail address provided by the Customer during registration in the Krosno Rental Bike System or to another e-mail address indicated by the Customer at least 14 days before the planned amendment to the Regulations. The User may terminate the Agreement within 14 days of receiving information on amendments to the Regulations, provided that the notice of termination shall be sent to the address of the registered office of the Operator. The lack of notice within a specified period of time shall be considered as acceptance of the amendments to the Regulations by the Customer.

17.3 In case of violation of any of the provisions of the Regulations resulting in damage to the Operator, the Operator reserves the right to block the Customer's account in the Krosno Rental Bike System until such time as the matter is clarified.

17.4 In matters not covered by the Regulations, the applicable provisions of law, in particular of the Civil Code and the Act on Road Traffic shall apply.

Appendix No. 1

STATEMENT ON REGISTERING WITH PARENTAL CONSENT

According to the requirements of section 4.6 of the Regulations of the paid self-service city bicycle rental company Krosno Rental Bike in Krosno, I, the undersigned …………………………, holder of the identity card/passport* number: ....................................., PESEL number: ................................, residing at ………………….., acting as the statutory representative of: …………………………..………………..…… (first and last name of the minor), residing at …………….., PESEL number: ……………….., hereby declare that:

1. I consent to the registration of the aforementioned minor with the paid self-service city bicycle rental system Krosno Rental Bike in Krosno, hereinafter referred to as the System, in accordance with the Regulations available at www.rowery.szczecinek.pl;

2. I have read the aforementioned Regulations, accept the contents and consent to the provisions thereof;

3. I undertake to cover any and all possible damage and claims consequent to the use of the Krosno Rental Bike System by the aforementioned minor;

4. I declare that the aforementioned minor holds a valid bicycle driving license or a driving license in a relevant category.

5. I consent to the processing of my personal data as well as the personal data of the aforementioned minor by the Operator for the purposes necessary to use the System, pursuant to the provisions of the Act of 29 August 1997 on Personal Data Protection (Journal of Laws of 2002, No. 101, item 926), for the purpose of performance of the Agreement. I was informed that I have the right to access, correct, supplement or change the provided personal data. The personal data controller is the Operator of the Krosno Rental Bike System ......................., the provision of personal data is voluntary, but necessary to enable the use of the service and the Krosno Rental Bike System.

……………………………

(place, date)

……………………………

(first and last name)

*) - delete as appropriate

Appendix No. 2

FEE SCHEDULE (gross amounts)

Initial one-off, non-refundable fee - PLN 29

Standard bicycle - PLN 0.10 for each commenced minute

Electric bicycle - PLN 0.49 for each commenced minute

Number of bicycles to be rented by 1 user - 4 bicycles

theft of a standard bicycle or causing its theft due to the fault of the user - PLN 3,000

theft of an electric bike or causing its theft due to the fault of the user - PLN 6,000

Maximum bicycle rental time shall be 12 hours* exceeding that limit shall result in charging an additional fee of PLN 100

Cost of restoring a standard bicycle - PLN 3,000.

Cost of restoring an electric bicycle – PLN 6,000.

Fee for the removal of a prohibited bicycle lock - PLN 200