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TERMS OF SERVICE

of the system for BIKER

[Valid from 01.04.2017]

I.
General Provisions

1. The hereby Terms of Service shall define the principles and
conditions of the use of the system of Bialystok Public Bikes, also
called BIKER (further referred to as BIKER), launched in the city of
Białystok and in the neighboring municipalities.

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

3. Contact:

Nextbike Polska S.A. ul. Przasnyska 6b

01-756 Warszawa

e-mail: bok@bikerbialystok.pl

tel.: 85 871 01 01, 85 733 91 19 (call charges in accordance with the
tariffs of the Operator).

4. Current list of cities where Nextbike systems are in place is
available under the address: https://nextbike.pl/o-nextbike/.

II.
Definition

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

2. It is accepted that the Agreement covering the provisions of the
hereby Terms of Use shall be automatically concluded upon registration
of the Client in BiKeR subject to submission by the Client of a
declaration of acceptance of Terms of Use, submission of declaration of
consent to personal data processing and payment of the initial fee
during registration process of a Client at BiKeR..

3. Operator- Nexbike Polska S.A. realizing the services related to the handling of BIKER within the framework of the consortium of Nextbike Polska S.A. companies, ul. Przasnyska 6b, 01-756 Warszawa, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the city of Warsaw in Warsaw, XIII Economic Department of the National Court Register under the KRS number 0000646950, REGON number 021336152, NIP number 8951981007,

4. BIKER 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 BIKER System who has accepted
the Terms of Service and is registered within the BIKER System.

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

7. Contact Centre of BIKER (CC) – a platform launched by the Operator which ensures telephone contact for its Clients via a hotline at the following numbers 85 871 01 01, 85 733 91 19, contact via electronic post via e-mail to the address bok@bikerbialystok.pl as well as a 24/7 service. Information regarding the functioning of CC and stationary Customer Service points is available on the internet website www.bikerbialystok.pl.

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

9. BIKER children station – a set of bike stands with
the devices for self-registration in BiKeR system and for rental of
children bikes through BiKeR Terminal, as well as through mobile
application Nextbike or contact with the BOK BiKeR, additionally
equipped with racks for children. BiKeR list of children station may be
found on the website www.bikerbialystok.pl.

10. BIKER Terminal-device for self-rental of bikes
located in BIKER Stations.

11. Nextbike mobile application – software running on
operating systems such as Android and iOS allowing to rent and return
the bike in the system.

12. 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 BIKER and a 6 digit PIN number which was indicated
during registration in BIKER. In order to facilitate the process of
rental and the return of bikes within the BIKER system, the Client is
allowed to use, post activation in BIKER Terminal: Białystok 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. Białystok Urban Card (BKM) – proximity, personalized electronic card
(RFID) with a unique, encoded number together with a 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 2012, item
1232) with PIN number. Terminals are adjusted for cooperation with
PayPass and PayWave types of products.

e. Other media compatible with BKM adjusted to the coding of urban
transport tickets of the city of Białystok with PIN number.

Post logging into one’s account on the website www.bikerbialystok.pl the
Client may turn off the PIN code through unticking the option:

Upon each rental and return , in order to ensure my safety, please
ask me about my PIN number.

This option allows for rental/return of the bike without the necessity
of entering the PIN code with the sue of identification methods: b,c,d
or e at the terminal.

13. Tables of charges and penalties-pricelist of
services and charges of BIKER, being an integral part of the Agreement.
The pricelist is available on the website www.bikerbialystok.pl.

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

15. Pre-paid account-personal account of a Client
within the settlement system of BIKER System where debit and credit
operations are realized for the use of services and products offered
within the BIKER 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 BIKER
system equates to 10PLN gross (in words: ten zloty) and is made by the
Client upon registering in BIKER. The payment indicates grating consent
by the Client and acceptance of the provisions of the hereby Terms of
Service and at the same time it constitutes the first top up payment
instalment.

17.

The top up amount-payment towards rentals and other settlements
with the Operator, transferred onto 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 city of
Białystok, Juchnowiec Kościelny municipality and Choroszcz
municipality.

20.

Bike rental- receiving and using a bike from LRM station by means
of Client Identifier or through another method specified in point
II.12. The process of rental is specified in detail in clause VII.
of Terms of Use.

.

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

22. Electrolock- mechanism which releases and blocks
the bikes in the docking station. Rental of a bike which is blocked by
electrolock is possible solely directly from the terminal and also
through Nextbike mobile application.

23. Promotional/award voucher– The Operator stipulates
the possibility of topping up the account set up within the BIKER
system. The amount of the promotional/award voucher and its purpose is
established by the Operator and is non-repayable, meaning that is there
is no possibility of withdrawing the funds from the system. The amount
of the promotional/award voucher is used first, that is prior to the
funds paid by the Client. In the 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’s website.

24. Blocking an account– a preventive measure to which
the Operator may resort. In the event of a breach of the provisions of
the Terms of Service hereby described, in particular a breach resulting
in damage suffered by the Operator, the Operator reserves the right to
block a Client’s account until the issue is rectified.

III.
General rules of use of BIKER

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

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

3. Persons above 13 years of age who have not attained the age of 18
(further referred to as minors) must, prior to conclusion of Agreement,
submit to the Operator a written consent of one of the parents or legal
guardians for the conclusion of the Agreement, as well as a statement
on assuming responsibility by the parents or legal guardians on account
of any potential damages, caused in particular as a result of
non-performance or improper performance of the Agreement and on account
of any ongoing liabilities defined in Tables of charges and penalties
as well as Cost related to repair and restoring of a bike in BIKER
System. Within the statement parents or legal representatives must
undertake to top up the account of the minor within BiKeR system in
such a way so that the account was active at all times during rental
(VII, point 1). In order to maintain the written form of the legal
action the guardian shall be obliged to submit the handwritten
signature on the consent. The consent must be sent via electronic post
to the email address bok@bikerbialystok.pl via
post to the address of the Operator or in person in the headquarters of
CC BIKER.

4. Minors must possess a bicycle or motor license in order to use the
bike rental.

5. The Client may rent up to four bikes at the same time. It is
possible, subject to prior booking, to increase the number of bikes
rented at the same time. In case of renting at least 1 bike Client
should top up his account with an amount that he intends to use for the
rides.

6. 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. Client shall be obliged to return technically functioning bike in
the same condition as it was in at the time of rental and in case of an
occurrence of failure of the bike during rental, he should act
according to point VII.6 below..

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

5. In case of a theft of a bike conducted during the use by the Client
he is entitled to inform BOK BiKeR of this fact immediately after
determining the theft..

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

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

8. In case of proven damages resulting from improper use of equipment
forming the contents of BiKeR System the Client agrees to cover the
costs of repair and restoring of equipment to its prior condition from
before the rental or the damage. For the conduct of the necessary
repairs the Operator shall issue the appropriate receipt or VAT invoice
to the Client. Operator shall be authorized to charge the amount
equivalent to the costs of repairs and restoring of bike from the top
up amount to which Client hereby agrees. Valuation of individual bike
parts which were damaged at the fault of the Client shall be performed
on the basis of Annex no. 2 to the hereby Terms of Use, further
referred to as ” Costs of repair and bike restoration in BiKeR System”.

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

10. Any purposeful damage to property of the Operator shall result in
the necessity of bearing the costs of repairs and restoration and,
consequently, may result in commencement of legal proceedings. Operator
shall be entitled to claim damages for all justifiable costs borne by
him, including costs of legal service from the perpetrator..

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

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

V.
Registration

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

2. The registration takes place at the internet portal available at the
address: www.bikerbialystok.pl. In addition it is allowed for the
registration to be conducted via telephone contact with an employee of
CC, as well as through the use of Nextbike mobile application which is
available on the devices equipped in iOS and Android systems and also
in a stationary Customer Service point of Bialystok Public Transport.
Information about stationary Customer Service point are available on
the website.

3. During the registration process through the website www.bikerbialystok.pl, via
the Nextbike application, in a stationary Customer Service Point of
Białystok Public Transport or via telephone contact with the 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 credit card payment with the
possibility of debiting,

f. education (optional)

g. occupation (optional).

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

a. mobile phone number

b. name and surname,,

c. credit card number with possibility of debiting in case of desire to
top up the account.

5. Accounts with a balance of 0,00 PLN, including incorrect personal
data can be automatically deleted from the database of BiKeR system.

6. During the registration process at BIKER Terminal the Client enters
the PIN code of his own. Whilst, during the registration via: internet
website, Nextbike application and BiKeR Contact Center-PIN code is
generated automatically. Post registration the Client receives a
confirmation from BIKER System regarding a successful registration as
well as his individual PIN code which, together with an indicated
mobile phone number, constitutes Client Identifier in BIKER System
Client accounts with 0 PLN balance, containing correct personal data
may be automatically deleted from the database of the Biker system..

7. The condition for registering is entering the real data, the
acceptance of conditions defined in the hereby Terms of Service and
consent for processing of personal data in accordance with the act of
29 August 1997 on personal data protection for the purpose of
performance of the Agreement (that is Dz. U. 2016 poz. 922 ze zm.). 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 BIKER System
services. The information on the safety of personal data is available
within the Privacy Policy document of Nextbike Polska, available at:
http://cust.nextbike.pl/link/vet-map/politykaprywatnosci.pdf.

8. Personal data are processed exclusively for the needs of functioning
of Nextbike systems and may be made available to other entities
cooperating with Nextbike exclusively in the framework of the
provisions of law in force..

9. The operator reserves the right to contact the customer in matters
related to the implementation of the Regulations.

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 BiKeR, as well as anonymous
questionnaires sent by means of electronic post or available directly
within the BiKeR 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 BIKER IT system. If there are no overdue payments for the
use of bikes, data are deleted immediately post receipt of a request on
deletion from the Client. In the event when a complaint has been filed,
data are stored until such time as the complaint process has ceased,
for the period of 6 months and for the period of a potential proceeding
resulting from a complaint, during investigation of Client’s claim, for
evidential purposes, however, not shorter than 6 months and not
exceeding 2 years from the day of issuing the response to th given
complaint. In case of a notification within this term (ie. compensation
or indemnification for damages)- data are processed during establishing
the potential liability of the Operator/ Client and realization of the
issued judgement in this regard. Operator reserves the possibility to
contact the Client in matters related to realization of the Agreement.

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

13. Administrator of personal data is Operator that 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. Client data concerning specific transactions/ rentals are
stored within the IT system of BiKeR. If there are no arrears in the
scope of payments for the use of bikes data are deleted upon submission
of a request for deletion by the Client, no earlier than post 2 years,
and in case of submission of complaint such data are stored until
exhausting of the complaint procedure and potential proceedings not
caused, identification of Client’s claim for evidence purposes.

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 BIKER 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 BIKER System.

VI.
Payment methods

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

a. debiting the account of credit card of the Client, or charging
payment card account of the Client, and the related charging of payment
of minimum 10 PLN

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

2. Launching an order of charging the credit card occurs at the time
when a given account is inactive. It may be conducted through entering
payment card number, that is credit card, debit card in BiKeR Terminal,
during contact with BOK BiKeR, as well as via Nextbike mobile
application, available on devices with iOS and Android systems..

3. Payment form may be selected multiple times, upon logging in on the
website www.bikerbialystok.pl in the tab Top up your account. In order
to resign from charging payment card account one must contact BOK in
this regard.

4. The customer who presents a written confirmation of payment in a stationary Customer Service point of BiKeR, will receive automatic authorization of the payment.

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

6. If the Client requests it, the Operator will provide a VAT invoice.
In order to do so, the Client should send an e-mail to the Operator’s
e-mail address, providing the data necessary to issue a VAT invoice, as
well as the date and time of the bike rental and number of the bike.

7. The Operator will send the invoice in electronic format to the
e-mail address with which the Client contacted the Operator. In
justified cases, the Operator can send the invoice to another e-mail
address provided by the Client

VII.
Rental

1. Rental of a bike is possible provided that the 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 credit card with possibility
of debiting, via terminal, via contact with CC or via Nextbike mobile
application through which these means are automatically transferred.

2. Rental of the bike is possible at any station of BiKeR post prior
launching of BiKeR Terminal, logging in and following instructions
displayed on the BiKeR Terminal device. Release of electric lock is
signalled by appropriate message displayed on BiKeR Terminal as well as
sound signal. Rental may also be conducted by means of Nextbike mobile
application or by contacting BOK-calling the numbers indicated on the
terminal.:

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

4. During the rental the Client obtains the number for the code lock
within the rented bike. This number may be confirmed until the return
tie at the BIKER Terminal, on Nextbike mobile application as well as in
CC. The Client is obliged to ensure that the bike is equipped in
protective rope, also called a clamp, prior to rental. In the event
when it is missing, the Client is obliged to contact BOK and inform it
of the absence of a clamp.

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 noting during rental or use of a given bike any damage or
failure of the bike the Client shall be obliged to immediately inform
BOK BiKeR of such problem and return the bike to the nearest BiKeR
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 cannot protrude above the rim of the
basket; they should also not contain any sharp edges. If an accident
occurs due to improper use of a basket, the Client shall bear full
responsibility for the costs stemming from this. Operator shall bear no
responsibility for damages or goods or items left within the basket
during the rental.

10. Maximum permissible loading:

a. for traditional one, designated for the use by 1 person, may not
exceed 120 kg

b. for tandem, designated for the use by 2 persons, may not exceed 170
kg

c. for children bike, designated for use by child of minimum 6 years
old, may not exceed 60 kg

11. Handle located within tandem bikes should be used solely to carry
drinks. The user is obliged to ensure that the carried drink is secured
in a manner which prevents its falling out during the ride. In case an
accident occurs the cause of which will be an inadequate use of the
handles the Client shall bear responsibility for same and all the costs
arising from such situation. The Operator shall not be responsible for
any damages to goods or objects carried within the handles.

12. Use of children bikes is possible only under the supervision of a
legal guardian who has an account in the BiKeR system. The legal
guardian is required to oversee the ride throughout the duration of the
rental until the return of the bike in the dock

a. children bikes are bikes with wheel rims measuring 20 inches, which
are designed for children over 6 years of age and growth of 120 cm,

b. before renting a children bike the legal guardian must make sure
that the child is able to ride a bike without using the so-called side
wheels,

c. guardian takes full responsibility for the child during the children
bike rental,

d. the rental and the return of children bike is possible only at
certain stations equipped with the electrolocks for children bikes,

e. in case of the absence of the possibility of the return of children
bike to the electrolock for children bikes (low electric lock), legal
guardian is obliged to return the bicycle using a clamp or to contact
the operator, through 24/7 hotline. CK worker will tell how the bike
should be secured.

13. In case of any problems with the rental or return of the bike from
BIKER Station the Client is obliged to contact 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. BIKER
bike as a transport means is designated to move between BIKER Stations.
It is not allowed to use BIKER bikes for mountain rides, jumps, stunt
tricks, as well as racing and using the bike to pull or push anything
is not allowed.

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

VIII.
Duration of rental

1. The Client is obliged to return the bike no later than within 12
hours from its rental.

2. Exceeding a 12 hour time for a single use will cause additional
charging of fees and penalties, in accordance with the Table of Fees
and Penalties..

IX.
Repairs and failures

1. Any failures should be immediately reported to BOK BiKeR, within the
maximum of 12 hours from bike rentals within 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
BiKeR 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 BiKeR Service.

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

4. Stands for placing bicycles are equipped with a button for reporting
failures when returning the bike. The button will be activated five
seconds after plugging the bike into the electric lock of the rack.
After pressing the button on the bike rack the LED will light up which
indicates the report of bike failure.

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

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

4. In case when during rental an accident or a collision occurs the
Client shall be obliged to write down a statement or contact the police
to visit the place of event. If a bike is damaged as a result of such
event, all fees related to restoring the bike to the condition from
before the accident/collision shall be borne by person responsible for
the event post prior presentation of adequate document indicating the
person responsible for committing the offence. In other cases, all
costs related to the repair of the bike shall be borne by account
holder. Furthermore, in case of occurrence of the above event the
Client shall be obliged to inform BOK BiKeR of this fact no later than
within 24 hours from such an 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.bikerbialystok.pl and
within BIKER Terminals. The basis for the calculation of a charge is
the number of minutes of rental, measured from the moment of bike
rental in BIKER Terminal, or from the moment of obtaining the code lock
which releases the securing rope, to the moment of connecting the bike
with electrolock or obtaining the confirmation from the BIKER System
regarding the confirmation of bike return.

2. Charges for the use of rental are diverse and depend on the length
of time of bike rental. The charge for a single rental is a sum of
charges for the subsequent time periods, ie. the cost of a 150-minute
rental equates to 7 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 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 0,00 PLN within 7 days. To continue to
use the BiKeR system the Customer must top up the account to a minimum
state of 10,00 PLN. In case of failure to settle overdue payments, the
Operator reserves the right to commence adequate legal steps against
the Client, targeted at obtaining the payment on account of the
realized Agreement. The Operator is entitled to calculate statutory
interest from the amounts overdue calculated from the day of maturity
until the day of factual repayment made in full.

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

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

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

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

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

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

XIII.
Complaints

1. The Client should file a complaint within 7 days from the date of
the event being the reason for 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 bok@bikerbialystok.pl,

b. via post to the address of the Operator, specified in clause I.3,

c. in person at the headquarters of the Operator.

3. If data contained within the complaint require supplementation, the
Operator requests that the complaining person supplements the complaint
within the indicated scope prior to reviewing the complaint.

4. The complaints which do not contain data such as: name, surname,
address, PESEL number, which would allow identification of the Client,
will not be considered.

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

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

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

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

9. The consideration of a complaint consists of 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 and professional reply in both form and content.

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

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

12. 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.

13. The operator does not provide the possibility of the non-judicial
means of dealing with complaints and redressing.

14. 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 2006/2004 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 bok@bikerbialystok.pl, a
statement regarding withdrawal from Agreement,

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

3. In case of withdrawal from the Agreement, the Agreement is treated
as non-concluded. In case of withdrawal from the Agreement each party
is obliged to return to the other party all the items it obtained on
the basis of the Agreement. The return of the services occurs no later
than within 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 indicated by the Customer.

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

XV.

Termination of the Agreement at the request of the Client

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

2. Termination of agreement shall occur within 14 days from the date of
delivery of the Termination document to Operator, subject to topping up
within the above term means the pre-paid account by the Client to reach
0 PLN balance. Failure to top up the account within the above term will
cause ineffectiveness of agreement termination..

3. If means on the pre-paid account exceed 0 PLN on the day of
termination of agreement, they will be returned to the bank account
indicated by the Client, unless the Client agreed to a different
solution within Agreement Termination. Another solution ought to be
indicated by the Client within the submitted declaration. Return of
funds will occur within the maximum of 30 days from the date of
Agreement termination. The returned amount will be decrease by any
applicable transfer related costs..

XVI.
Final Provisions

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

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

3. Operator shall be obliged to introduce changes within Terms of Use
or Privacy Policy with an immediate effect. Information on any
amendments to the Terms of Use or Privacy Policy shall be sent via
email to the email address of the Client, provided by him during
registration. Lack of written information about lack of acceptance of
any amendments to the Terms of Use or Privacy Policy sent by BOK BiKeR
within 14 days from its sending to the Client shall mean acceptance of
the introduced changes wtihin the Terms of Use 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.

 

BIKER TABLES OF CHARGES AND PENALTIES

.

 

Type of charges Gross value
Initial fee 10 PLN
Duration of rental: Basic fee Duration of rental: Fee available for users of Białystok Public Transport*
1 to 20 minutes

0 PLN

1 to 30 minutes

0 PLN

21 to 60 minutes

1 PLN

31 to 60 minutes

1 PLN

Second hour

3 PLN

Second hour

2 PLN

Third and every other hour

5 PLN

Third and every other hour

4 PLN

Penalties
Letter notifications regarding breaching the Terms of
Service

10 PLN

A return of a bike in other place than official BiKeR
station

50 PLN + 5 PLN/km

Payment for exceeding the 12 hour limit of rental

200 PLN

Theft, loss or damage of a bike

2000 PLN

Theft, loss or damage of a children bike

1900 PLN

Theft, loss or damage of a tandem bike

7000 PLN

Fees specified in the Table are VAT inclusive

* The relief tariff is granted to the Customers of the BiKeR who identify
themselves at the terminal by means of Electronic Card BKM with encoded
valid periodical ticket entitling to the transport by municipal transport
within B Zone tariff (I zone tariff) in the town of Białystok, including
the town of Choroszcz.


Annex no. 2 Costs of bike repair and restoration within the BIKER
System

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

Below is the list of approvals that is taken from the customer along with
the records:

a) I have read and accepted the Terms of Service of city bike systems the
Operator of which is Nextbike Polska S.A. with its registered seat in
Warsaw at ul. Przasnyska 6B, 01-756 Warsaw (all terms of service are
available here)*.

b) I hereby grant consent for processing of my personal data , indicated in
the above form by Nextbike Polska S.A. with its registered seat in Warsaw,
ul. Przasnyska 6B, 01-756 Warsaw, in order to use city bike systems,
specified in respective Terms of Service of the systems. *

c) I hereby grant consent for processing of my personal data, including
also in the future, for marketing purposes, including obtaining via text
messages and electronic post information materials concerning services
provided by Nextbike Polska S.A. with its seat in Warsaw, ul. Przasnyska
6B, 01-756 Warsaw, specified in the respective Terms of Service of the
systems.

d) I grant consent for receiving commercial information via the means of
electronic communication in the meaning of the act of 18 July 2002 on
provision of services via electronic means (that is Journal of Laws from
2013, item 1422 as amended) to the email address indicated by me and/or
telephone number by Nextbike Polska S.A. with its seat in Warsaw, ul.
Przasnyska 6B, 01-756 Warsaw, on its own behalf or at the order of its
business partners.

e) I hereby grant consent for obtaining marketing information on the
telephone number indicated by me, email address, including with the use of
automated calling systems, in the meaning of the act of 16 July 2004 on
Telecommunications (that is Journal of Laws from 2014, item 243 as amended)
by Nextbike Polska S.A. with its seat in Warsaw, ul. Przasnyska 6B, 01-756,
in Warsaw, on its own behalf and at the order of its business partners.

Personal Data Administrator of data gathered in the above form is Nextbike
Polska S.A. With its registered seat in Warsaw, 01-756, ul. Przasnyska 6b,
KRS 0000646950, NIP: 895-198-10-07, REGON: 021336152 Nextbike Polska S.A.
processes personal data as indicated in the above form for purposes related
to the execution of the agreement, that is services provided by Operator
specified in the Terms of Service of the System, pursuant to art. 23 (1)
(3) of the Act on Personal Data Protection and for purposes related to
marketing of own products and services pursuant to art. 23 (1) (5) of the
Act of Personal Data Protection, as well as in the scope and for the
purpose of processing personal data to which the persons whom such data
concern granted consent. Personal data will be processed in line with the
provisions of the Act of 29 August 1997 on personal data protection
(consolidated text: Journal of Laws from 2002, No. 101, item 926 as
amended). Submission of the above indicated personal data is voluntary.
Person, whose data are in question, has the right to access such contents,
possibility of their amendment and the fact that consent for their
processing may be recalled at any time or, that an objection may be
expressed against their processing- which will result in immediate removal
of personal data.

Weather in Bialystok

today, Saturday, 23 June 2018
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