TERMS OF SERVICE
Of the system of Gliwice City Bike also called GRM
[Effective from 13.03.2017]
I. General Provisions
1. The hereby Terms of Service shall specify the rules and conditions of the use of Gliwice City Bike system, also called GRM (further: GRM) launched for the city of Gliwice and maintained by Nextbike Polska S.A. as system Operator.
Nextbike Polska S.A. ul. Przasnyska 6b
tel.: 48 32433232 (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, in which the system operator is the Nextbike Polska S.A., 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/
1. Terms of Service-the hereby Terms of Service define 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 therein shall form the basis and the condition for the 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 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 GRM and subject to confirming by Client Terms of Service, granting consent for personal data processing and initial fee payment paid during the registration process of the Client in GRM. .
3. Operator – Nextbike Polska S.A. Realizing services related to servicing GRM 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. 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. GRM Contact Center (CC) – a platform launched by the Operator which ensures telephone contact for its Clients via a hotline at the following number 48 324933232, contact via electronic post via e-mail to the address firstname.lastname@example.org as well as a 24/7 service. Information regarding the functioning of CC is available on the internet website www.gliwickirower.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, Nextbike mobile application or contact with the BOK GRM . GRM List of Stations may be found on the website, Nextbike mobile application and on GRM Terminal.
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: Electronic 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. Silesian Card of Public Services (ŚKUP), 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 Electronic Urban Card, tested for coding communication tickets for the city together with a PIN number.
Post logging in on one’s account on the website www.gliwickirower.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.
11. Tables of charges and penalties – price list of services and charges of GRM, being an integral part of the Agreement. The pricelist is available on the website www.gliwickirower.pl and on GRM Terminals.
12. 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.
13. 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 System the payment of which constitutes an initial top up towards the top-up amount, which is refunded in case of not using funds and termination of the agreement.
14. Top-up amount – payment in amount of minimum 1,00 PLN on account of rentals or other settlements with the Operator made to the pre-paid account.
15. 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.
16. User zone – administrative borders of the City of Gliwice.
17. Bike rental – rental of a bike from GRM Station by means of Client Identifier or via another method as specified in clause II.10. Rental process is specified in detail in clause VII of the Terms of Service.
18. Bike return – return of a bike to GRM Station. The process of bike return is specified in Clause X of the Terms of Service.
19. 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 from the terminal, through Nextbike mobile application or by contact with GRM CC
20. Nextbike mobile application – software allowing to rent and return the bike in the GRM system.
21. Promotional/Gratifying voucher – Operator provides the possibility of recharge the account registered in GRM system by voucher. The amount on the voucher and its destiny is determined by the Operator and is non-refundable – there is no possibility of paying with a voucher. The funds from vouchers are used first, before funds paid by the customer. In the case of promotional vouchers details of the amount, expiry date and reason of the grant shall be determined in the Rules of the promotion.
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, 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 GRM System in a way so as to ensure that the account is active at the time of rental (VII, clause 1). In order to maintain a written form of legal action the Guardian is obliged to submit a handwritten signature on the consent. Scan of the letter must be posted via electronic means to the email address email@example.com 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. Upon reservation it is possible to increase the number of bikes rented at one 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 and in case of failure of the bike during the rental, should proceed in accordance with paragraph VII.6 below. 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 the event of theft of the bike that occurs during rental, the Client is obliged to inform GRM CC immediately after determining the theft .
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 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 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 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. Valuation of individual parts of the bike which has been damaged through the fault of the Customer will be made on the basis of Annex 2 to these Regulations called “Costs of repair and restore the bike in the System GRM.”
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 GRM CC.
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 GRM bikes via vehicles and other means of transport, owned by private persons, excluding means of public transport.
1. An obligatory condition for the use of GRM System is prior Client registration and payment of initial fee.
2. The registration takes place at the internet portal available at the address: www.gliwickirower.pl. In addition, a possibility of registration via telephone contact with an employee of GRM CC, terminal, as well as by means of Nextbike mobile application is allowed.
3. During the process of registration through the website www.gliwickirower.pl,via Nextbike mobile application or via telephone contact with a GRM CC 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. credit card number in case of payment with credit card with the possibility of charging (optional),
4. During registration process at the GRM Terminal, the Client indicates the following personal details;
a. mobile phone number,
b. name and surname,,
c. payment card number with possibility of charging in case of payment via credit card,
Client is obliged to supplement with the remaining data as specified in point 3 (b) and (c) no later than within 24 hours post registration. In the event of failure to comply with the obligation to supplement the data, the Operator reserves the likely to remove this account from the GRM user database.
5. Client accounts which contain incorrect personal data with 0PLN account balance may be automatically deleted from the GRM database system.
6. During the registration process at GRM Terminal the Client enters the PIN code of his own. Whilst, during the registration via: internet website, Nextbike mobile 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.
8. The Operator reserves the possibility to contact Clients regarding matters related to Agreement realization.
9. 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 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.
10. 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 arrears in the scope of payments for the use of bikesthey are deleted immediately upon submission by Client of a motion for their deletion but not earlier than after 2 years. 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.
11. Personal data are processed, stored and secured in accordance with the principles specified in the binding legal provisions.
12. 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 Client and the Operator.
13. 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 Customer’s credit card
b. Topping up the pre-paid Account via bank transfer or through payment via payment card, in particular, via the portalwww.gliwickirower.pl or Nextbike mobile application, 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.
c. launching the order of debiting the credit card with the charging of payment of a minimum of 10 PLN during registration or in case of not active account. This might be conducted by means of entering credit card number within GRM Terminal, during contact with GRM CC as well as by means of mobile application Nextbike.
2. Form of Payment can be selected multiple times by logging on the website www.gliwickirower.pl and clicking Payment tab. To resign from charging credit card account, Client should contact GRM CC.
3. All payments are transferred to the account of Operator.
4. At Client request, the Operator will provide the Client with VAT invoice, issued by the city of Gliwice, 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. Sending an e-mail to the Operator means acceptance of the Client to receive an invoice in electronic form as a PDF file, unless the Client indicate another form of transfer of the invoice referred to in point. 6.
5. The Operator will send a VAT invoice via electronic means to the email address from which the Client contacted the Operator in a PDF file form, from the e-mail address firstname.lastname@example.org, email@example.com or firstname.lastname@example.org. In particularly justified cases the Operator may send a VAT invoice to another email address or as a physical letter on the address indicated by the Client.
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 GRM Station post prior launch of GRM Terminal, logging in and proceeding according to the displayed messages on the device of GRM Terminal. Release of electric lock is signalized via adequate message displayed on GRM 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 GRM Terminal, mobile application Nextbike and at GRM CC. 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 GRM CC and inform them of its lack. Rental may also be conducted by means of mobile application GRM or by contacting GRM CC.
3. Rental starts at the end of loan procedures described in the point 2.
4. During the bike rent via GRM terminal, Nextbike mobile application or CC, client receives a code for a bike lock which is located on the rented bike. This code can be confirmed or reminded during the bike rent via GRM terminal, Nextbike mobile application or CC. Client has to make sure before the rent, that the rented bike has special bike lock on its frame. In the case of its absence client is obligated to contact with CC and inform about it.
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 or usage any failure of the bike, the Client is obliged to immediately report the problem to GRM CC and return the bike to the closest GRM 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 CC.
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. The maximum weight of items within the basket cannot exceed 5 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, designated for use by 1 person, it cannot exceed 120 kg,
11. In case of any problems with the rental or return of the bike from GRM Station the Client is obliged to contact GRM CC by phone. The employee of CC will inform the Client of further actions to be taken. The rented bike ought to be used in accordance with its purpose. GRM bike as a transport means is designated to move around GRM Stations. It is not allowed to use GRM bikes for mountain rides, jumps, stunt tricks, as well as racing and using the bike to pull or push anything is not allowed.
12. 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 CC 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 CC 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 System Operator.
3. The Client has an obligation to have the possibility of contacting CC at all times when renting a bike.
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,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 24/7 hotline.
2. In case of lack of possibility of fastening the bike into electric lock (lack of free stand in GRM Station or failure of GRM 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 GRM Station, blocking the lock, pressing the button “Return” on electronic part of GRM Terminal and proceeding in accordance with instructions on the display. Upon blocking the lock, the Client may also return the bike via mobile application GRM or through contacting GRM CC.
3. In case of improper bike return as specified in clauses X.1 and X.3. Client bears costs of its further rental and is responsible for any potential theft or damage.
4. In case when during rental of a bike an accident or collision occurs, Client is obliged to write a statement or call the Police to the site. Furthermore, in case of the occurrence of the above event the Client is obliged to inform GRM CC no later than 24 hours post the event.
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.gliwickirower.pl and in GRM 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 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. Fee for single rental is a sum of receivables for subsequent time intervals, i.e. rental fee for 150 minutes of rental is 6,00 PLN.
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 fifteen minutes 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 funds remaining on the account may be made upon termination of the Agreement. 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 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.
1. The Operator realizes the services related to the maintenance of GRM 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 e-mail address email@example.com or by mail on the address of Nextbike Polska S.A., ul. Przasnyska 6b, 01-756 Warszawa
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 firstname.lastname@example.org
b. via post to the address f the Operator, specified in clause I.3
c. in person at the headquarters of the Operator, Nextbike Polska, ul. Przasnyska 6b, 01-756 Warszawa.
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 7 days from the date of their receipt or supplement and in case of particularly complicated situations up to 30 days. In case of the necessity to supplement the complaint the term for reviewing the complaint commences on the day of receipt of documents by the Operator which supplement the complaint or which provide additional explanations/information. In case of an inability to meet the deadline for the review of a complaint, the Operator will inform the Client of any delays, indicating the cause of a delay ( circumstances which must be established) and an expected term for the review of the complaint.
7. The Client grants consent for the reply to the complaint to be sent via electronic means or via post to the correspondence address in a way indicated within the complaint. In particularly justified cases the Operator may send a reply to another email address, indicated by the complaining person.
8. The consideration of a complaint consists of an identification of the problem, assessment of its justification and settlement of the problem submitted by the Client or a conduct of adequate actions in order to remove any potential irregularities, causes of their occurrence and to grant a thorough, professional in form and in content reply.
9. CC 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 CC. Appeals should be sent regardless of the delivery method – mail, e-mail – no later than within 14 days after receipt of the decision, from which he wants to appeal The appeal will be considered within 14 days from the day of its submission to CC.
11. The Client may:
a. direct an appeal against the decision of the Operator directly to CC within 14 days from the date of receipt of the reply to the complaint.
b. launch civil action in the adequate court.
12. The operator does not provide the possibility of the non-judicial means of dealing with complaints and redressing.
13. In accordance with Regulation of the European Parliament and of the Council (EU) No 524/2013 of 21 of May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No /2004 and Directive 2009/22 / EC (Regulation on consumer ODR), the operator hereby provides an electronic link to the online platform for ODR (Online Dispute Resolution): https://webgate.ec.europa.eu/odr. The ODR platform allows non-judicial settlement of disputes between traders and consumers. Settlement of disputes through this method is voluntary.
XIV. Withdrawal from the Agreement:
1. The Client may withdraw from the Agreement concluded with the Operator-on the basis of the provisions of law, without indicating the cause, within the term of 14 days from the date of its conclusion. The term is considered as fulfilled if prior to its expiry the consumer posts a statement of withdrawal from Agreement.
2. The Client may withdraw from the Agreement via:
a. sending to the Operator’s email address email@example.com 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 30 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement. The return of funds is conducted on the bank account requested by the Client, unless 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.
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 address firstname.lastname@example.org to the postal address of the Operator: Nextbike Polska S.A., ul. Przasnyska 6b, 01-756 Warszawa.
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. No top up of the funds in the above period of time causes the ineffectiveness of termination of the Agreement
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.
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.
TABLES OF CHARGES AND PENALTIES OF GRM System
Type of charges Gross value
Initial fee 10 PLN
Bike rental fee Duration of rental
from 1 to 16 minutes 0 PLN
from 16 to 60 minutes 1 PLN
Second hour 2 PLN
Third hour 3 PLN
Fourth hour and each subsequent hour 4 PLN
Letter notifications regarding breaching the Terms of Service 10 PLN
Payment for exceeding the 12 hour limit of rental 200 PLN
Theft, loss or total damage of a bike 2000 PLN
Fees specified in the table are VAT tax inclusive
NAME unit of measurement PRICE* VAT 23% TOTAL
Fork adapter piece 84.00 PLN 19.32 PLN 103.32 PLN
Front mudguard piece 9.50 PLN 2.19 PLN 11.69 PLN
Back mudguard piece 9.50 PLN 2.19 PLN 11.69 PLN
Chip piece 24.78 PLN 5.70 PLN 30.48 PLN
Tube 26×2.125 piece 8.40 PLN 1.93 PLN 10.33 PLN
Bell piece 3.60 PLN 0.83 PLN 4.43 PLN
Brake lever, right side piece 9.92 PLN 2.28 PLN 12.20 PLN
Pipe TP-06 Allu. Regulated/ Silver piece 0.60 PLN 0.14 PLN 0.74 PLN
Roller brake piece 134.90 PLN 31.03 PLN 165.93 PLN
Bars piece 17.81 PLN 4.10 PLN 21.91 PLN
Brake pads piece 4.70 PLN 1.08 PLN 5.78 PLN
Set of brakes (clamps) piece 15.57 PLN 3.58 PLN 19.15 PLN
Left crank piece 19.50 PLN 4.49 PLN 23.99 PLN
Crank with rack piece 28.00 PLN 6.44 PLN 34.44 PLN
connection block piece 6.30 PLN 1.45 PLN 7.75 PLN
Basket piece 8.85 PLN 2.04 PLN 10.89 PLN
Front light piece 19.93 PLN 4.58 PLN 24.51 PLN
Back light piece 11.63 PLN 2.67 PLN 14.30 PLN
Brake line (band) piece 2.46 PLN 0.57 PLN 3.03 PLN
Line (band) of rear derailleur piece 1.90 PLN 0.44 PLN 2.34 PLN
Chain piece 5.70 PLN 1.31 PLN 7.01 PLN
Basket fix piece 18.06 PLN 4.15 PLN 22.21 PLN
Chain guard fix piece 6.72 PLN 1.55 PLN 8.27 PLN
Back reflector piece 1.59 PLN 0.37 PLN 1.96 PLN
Tyre (26 x 2.125) piece 27.41 PLN 6.30 PLN 33.71 PLN
Carrier guard (back) piece 24.61 PLN 5.66 PLN 30.27 PLN
Chain guard piece 5.70 PLN 1.31 PLN 7.01 PLN
Brake line shell meters 1.67 PLN 0.38 PLN 2.05 PLN
Rear derailleur shell meters 2.11 PLN 0.49 PLN 2.60 PLN
Set of pedals piece 13.26 PLN 3.05 PLN 16.31 PLN
Front hub (dynamic) piece 164.90 PLN 37.93 PLN 202.83 PLN
Back hub piece 130.05 PLN 29.91 PLN 159.96 PLN
Rear derailleur pusher piece 8.87 PLN 2.04 PLN 10.91 PLN
Front tyre with dynamo piece 196.00 PLN 45.08 PLN 241.08 PLN
Rear derailleur with steering module piece 20.40 PLN 4.70 PLN 25.10 PLN
Lamp cables meters 5.12 PLN 1.18 PLN 6.30 PLN
Bike frame piece 457.38 PLN 105.20 PLN 562.58 PLN
Left handle piece 5.49 PLN 1.26 PLN 6.75 PLN
Right handle piece 4.71 PLN 1.08 PLN 5.79 PLN
Saddle piece 15.30 PLN 3.52 PLN 18.82 PLN
Advertisement sides piece 33.60 PLN 7.73 PLN 41.33 PLN
Headsets piece 5.69 PLN 1.31 PLN 7.00 PLN
Footer/ support piece 14.40 PLN 3.31 PLN 17.71 PLN
Support 115mm piece 12.56 PLN 2.89 PLN 15.45 PLN
Front spoke piece 0.27 PLN 0.06 PLN 0.33 PLN
Back spoke piece 0.27 PLN 0.06 PLN 0.33 PLN
Seat pillar piece 15.63 PLN 3.59 PLN 19.22 PLN
Roller brake screw piece 19.90 PLN 4.58 PLN 24.48 PLN
Brake lever adjusting screw piece 0.62 PLN 0.14 PLN 0.76 PLN
Back 3 speed wheel piece 148.50 PLN 34.16 PLN 182.66 PLN
Fork piece 43.00 PLN 9.89 PLN 52.89 PLN
Handlebar stem piece 16.93 PLN 3.89 PLN 20.82 PLN
seat tube piece 6.00 PLN 1.38 PLN 7.38 PLN
Lock code ABUS piece 56.10 PLN 12.90 PLN 69.00 PLN
Electrolock piece 672.00 PLN 154.56 PLN 826.56 PLN
* may be subject to changes