Terms of Service
of the „BiKeR” System Białostocka Komunikacja Rowerowa
Valid from 28 March 2023
1. The hereby Terms of Service shall specify the principles and conditions of using the System of Białostocka Komunikacja Rowerowa (hereinafter: BiKeR), launched and operating within administrative borders of the city of Białystok and the communes of Choroszcz, Juchnowiec Kościelny, Supraśl and Wasilków.
Nextbike Polska S.A. under restructuring
ul. Przasnyska 6b
01 – 756 Warszawa
e-mail: [email protected]
tel.: 85 871 01 01
4. Nextbike Systems are compatible, that is, setting up an account in one of the systems enables the use of bike rental stations in other cities, unless the Terms of Service of a given system indicate otherwise.
1. Mobile Application – mobile application enabling the use of BiKeR. The use of Mobile Application is possible on smartphone type of devices with an adequate, valid Android or iOS system, which facilitate the download of this Mobile Application from an online store. The Application is available for download free of charge at Google Play stores and Apple AppStore, whilst permanent access to the Internet as well as registration of Client Account within the BiKeR System is a condition for its download and use.
2. Account Blockade – preventive measure consisting of preventing the use of BiKeR, which may be applied by the Operator in case of breaching by the Client of provisions of the hereby Terms of Service, in particular, in case of a breach which constitutes a damage to the property of the Operator.
3. Customer Centre of the Białostocka Komunikacja Rowerowa / CC BiKeR – service launched by the Operator which ensures contact with the Operator by means of:
a. hotline available 24/7 at the following number: 85 871 01 01
b. electronic post at the address [email protected].
Information regarding the functioning of CC BiKeR are available on the website www.bikerbialystok.pl.
4. O-lock Blockade – means of securing Bikes in the form of an “O” clamp integrated with the bike frame the closing of which enables completion of Rental. The blockade also secures the Bike at the time of using the Parking function. O-lock blockade is mounted on the rear wheel, and it remains open throughout the ride. It comprises a compulsory accessory of every Bike.
5. Promotional Voucher/Bonus – a voucher offered by the Operator which enables topping up Client Account. The voucher amount and its designation is established by the Operator and it is non-refundable. The means from Vouchers are used in the first order, prior to the means paid in by the Client.
6. Price List and Table of Additional Fees – the price list of BiKeR services and charges, constituting an integral part of the Agreement. Price List and Table of Additional Fees constitutes Appendix no. 1 to the hereby Terms of Service and is available on the internet website as well as within the Nextbike Mobile Application.
7. Duration of Rental – time counted from the moment of Rental (unlocking) of the Bike to the moment of Bike Return through closing of its O-lock Blockade. Whilst, it is assumed that Parking is calculated into the Duration of Rental.
8. GPS – device mounted on the Bike, serving the function of monitoring the Bike’s location and its positioning.
9. Client Identifier – individual number assigned to a Client, corresponding to the mobile phone number indicated during registration and a 6-digit PIN number. Any RFID proximity card may also constitute an identifier. Details on registration and Client IDs have been specified in Chapter VI. Registration.
10. Client/ User – any natural person, participant of the BiKeR System, who has accepted the Terms of Service and carried out registration in the BiKeR System, thus concluding Agreement with the Operator.
11. Client Account/Account – personal Client Account created during registration for the purposes of using the BiKeR System as well as charging fees in line with Appendix no. 1 to the Terms of Service. The Client may link compatible cards and mobile devices with his or her account in the BiKeR System in accordance with the RFID standard, facilitating the process of Bike Rental.
12. Top up amount – payment of the minimum of 1 PLN, submitted towards Rentals onto Client Account. The initial payment should be submitted in the amount of 20 PLN as a minimum; 10 PLN of Initial Fee (non-refundable) and 10 PLN for maintenance of the Minimum Account balance (to be used for the rides).
13. Minimum Account balance – minimum balance which a Client ought to have (independently from the Initial Fee) in order to be entitled to Bike Rentals.
14. Non-authorized ride – use of a BiKeR Bike without Bike Rental registered on Client Account.
15. Operator – company Nextbike Polska S.A. under restructuring, realizing the service of BiKeR system maintenance, with its seat at 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, XII Economic Department of the National Court Register under the following numbers: KRS 0000646950, REGON 021336152, NIP 8951981007
16. Initial fee – entrance fee paid by Clients upon registering in the BiKeR System. The level of initial fee has been defined in Appendix no. 1. Initial fee is a one-off and non-refundable payment. It will not be set off against further rental fees.
18. Explanatory proceeding – a set of actions undertaken by the Operator, targeted at establishing the circumstances and events occurring in relation to the use of bikes, in particular, those related to breaching of the Terms of Service, accidents and collisions or damages to the property of the Operator.
19. Parking – function enabling parking of the Bike without having to return it. Parking is available from the level of the Mobile Application.
20. Terms of Service – the hereby Terms of Service, defining the principles and conditions of availing of the BiKeR System and, in particular, conditions, scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in the BiKeR System.
21. Children Bike – bike equipped in wheel rims in the size of 20 inches, designated for the use by one child at a time who is above 6 years old and who has a minimum height of 120 cm and body weight up to 60 kg. The use of Children Bikes may occur exclusively under supervision of legal guardians.
22. Standard Bike – basic type of bike made available within the BiKeR System by the Operator. Bikes of this type are designated for use by one person who completed the age of 13 and is between 150 and 195 cm tall. Bikes of this type have wheels with rims measuring 26 inches and their load capacity amounts up to 115 kg of the sole ridding person. It is equipped in a basket with capacity of 15 litres.
23. Standard Bike with a Child Seat – is a standard bicycle equipped with a child seat designed to carry children from 9 to 22 kg, who are able to sit without assistance for at least the intended time of cycling. Carrying a child in a child seat may occur solely under the supervision of the child’s legal guardian. Details of use of the bikes with a child seat are available in Appendix no. 2 to the Terms of Service.
24. Tandem type of bike – bikes designated for use by two persons with total weight up to 230 kg.
25. BiKeR Service – actions performed by the Operator in relation to the exploitation, repairs and maintenance of the BiKeR System.
26. BiKeR Station – place of Rental and Return of Bikes by Clients, marked with a BiKeR symbol, equipped in bike stands, whilst the Bikes are parked (returned) by means of O-lock Blockades. Information about locations of the BiKeR Stations may be found on the internet website as well as in the Mobile Application.
27. Area of Usage – administrative borders of the city of Białystok and the communes of Choroszcz, Juchnowiec Kościelny, Supraśl and Wasilków.
28. Non-Authorized Zone – places/areas in which the Client may travel by means of BiKeR Bikes, however, it is not allowed to Return the Bike within them. Above all, the Non-Authorized Zone encompasses all water reservoirs, forest areas, parks, cemeteries. Non-Authorized Zone specified by the BiKeR Operator is available on the BiKeR website, Nextbike Mobile Application and at CC BiKeR.
29. Website – internet website launched by the Operator www.bikerbialystok.pl, which contains all necessary data for the commencement and subsequent use of the BiKeR System.
30. System of Białostocka Komunikacja Rowerowa /BiKeR System – system of Bike Rental Stations launched by the Operator which includes, in particular, Bikes, technical infrastructure, software and devices which enable Rental, Parking and Return of Bikes.
31. Agreement – Agreement between the Client and the Operator which establishes mutual rights and obligations specified in the hereby 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 the BiKeR system and subject to submission by the Client of declaration of acceptance of Terms of Service. Personal Data Controller shall be Nextbike Polska S.A. under restructuring.
32. Bike Rental/ Rental – unblocking of the Bike by means of Client Identifier or via another method as specified in Chapter VI, Clause 4 for the purpose of conducting a ride. Rental process is specified in detail in Chapter VII of the Terms of Service.
33. Bike Return/Return – returning the Bike to the BiKeR Station or outside of it through locking of the Bike’s O-lock Blockade. The process of Bike Return is specified in Chapter IX of the Terms of Service. The use of the Parking function shall not be understood as Bike Return.
1. The condition for use of the BiKeR System is the submission by the Client: of personal data required upon registration, the acceptance of conditions defined in the hereby Terms of Service as well as payment of the initial fee and clicking on the activation link. The condition for the use of BiKeR is, furthermore, maintenance of a minimum top up level on Client Account during the time of each rental, in the amount of no less than 10 PLN (in words: ten zloty).
2. Persons who completed the age of 13 but did not complete the age of 18 (further referred to as Minors) may avail of the BiKeR System subject to the consent of their Parent or Legal Guardian. The parent or legal guardian bears responsibility on account of any potential damages which may occur, in particular in relation to the non-execution or incorrect execution of the Agreement and they undertake to cover ongoing commitments specified in Appendix no. 1. It is required that consent of at least one of the parents or legal guardians for the use of Account by the minor is submitted to the Operator:
a. in the form of a scanned letter via electronic means to the address [email protected].,
b. via registered letter sent to the address of the Operator,
c. submitted in person at the headquarters of the Operator,
The consent should include:
d. telephone number of the minor on which the Account is registered,
e. first name and surname of the parent or legal guardian,
f. consent for the use of the BiKeR System by the minor,
g. first name and surname of the minor,
h. date of birth of the minor,
i. handwritten signature or eligible electronic signature of the parent/legal guardian (in the case specified in Chapter III.2 a)
j. date and place of granting the consent.
Sample consent may be uploaded from www.bikerbialystok.pl
3. The Client may rent up to 4 Bikes simultaneously.
4. The use of Rented Bikes is permitted within the Area of Usage.
5. The use Bikes within the BiKeR System may take place solely and exclusively for non-commercial purposes under the pain of calculating additional fees in accordance with the provisions of Appendix no. 1.
6. Parties to the Agreement undertake to mutually inform each other of any changes to addresses or other data identifying them, indicated during registration in the system.
1. The Operator realizes services related to the maintenance of the BiKeR System and bears responsibility for its proper functioning.
2. The Operator shall not bear responsibility for any direct or consequential 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 User is responsible. The above provision shall not affect, in the scope of agreements concluded with Clients, of Art. 473 of the Civil Code.
3. The Client is responsible for the use of the Bike in accordance with its designation and in line with the provisions of the Terms of Service as well as the applicable law.
4. The Client is responsible for the use of the Bike in accordance with its designation and in line with the provisions of the Terms of Service as well as the applicable law. In the event of non-compliance with the conditions contained within the Terms of Service, the Operator shall be entitled to block the Client Account. Detailed conditions related to Account Blockades have been specified in Chapter XII of the hereby Terms of Service.
5. The User shall be obliged to protect the log-n data against unauthorized access of third parties under the pain of being charged for the costs of use of the service by parties who have obtained the log-in data at the fault of the User.
6. The Client shall be responsible for all damages and demolitions stemming from non-compliance with the Terms of Service. The Client may be charged with costs of repair of such damages, including the cost of bike restoration specified in Appendix no. 1 Pricelist and Table of Additional Fees in the BiKeR System. The Operator shall submit an adequate receipt or VAT invoice to the Client for completion of the necessary repair works.
7. The Client bears full and total responsibility and undertakes to cover any tickets, fines, fees etc. obtained by the Client, related to the use of the Bike and imposed on them out of their own fault. The Client shall not bear any responsibility for tickets, fees etc. which have been imposed on them and which stem from the Operator’s fault.
8. It is not permitted to use BiKeR Bikes for mountain trips, jumps, stunts. Racing and using the Bike in order to pull or push anything is forbidden. Carrying luggage is allowed solely by means of a basket designated for this purpose; it is not permitted to hang anything on the bike frame or on any other bike elements.
9. The use of BiKeR 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.
10. Transport of BiKeR Bikes by means of vehicles and other means of transport owned by private persons and all types of public means of transport is forbidden.
11. The use of any protection which is not a standard BiKeR System element in order to immobilize a bike is forbidden. The Operator reserves the right to remove inadequate protections applied by the Client. All costs of restoring Bikes to the state enabling realisation of further Rentals shall be borne by the Client, in accordance with Appendix no. 1 to the Terms of Service.
12. The Client is responsible for the Bike he or she rents from the moment of Rental to the moment of Return. Non-authorized rides shall result in calculating fees in accordance with Appendix no. 1.
13. In case of lack of return of a Bike due to any reason, including also in case of its loss or theft, the Client shall be burdened with a contractual penalty in accordance with Appendix no. 1 for each lost Bike.
14. The Client undertakes to return the bike in the same state as it was in at the time of Rental. In particular, the Client is obliged to undertake actions targeted at preventing staining of the bike or occurrence of any damages outside of the standard use as well as theft of the rented Bike.
15. In case of theft of the Bike in the course of Duration of Rental, the Client is obliged to notify CC BiKeR immediately after noticing the event.
16. In case of improper Bike Return out of the Client’s fault, the Client bears the costs of its further Rental and shall be responsible for any potential theft or damage. In case of difficulties
with returning the Bike, the Client is obliged to contact CC BiKeR.
1. Fees within the BiKeR System are calculated according to the rates specified in Appendix no. 1 Pricelist and Table of Additional Fees, available on the website, within the Mobile Application and at CC BiKeR. The basis for calculating the fee for the use of a Bike is the Duration of Rental.
2. Payment for services and products offered within the BiKeR System may be conducted through:
a. the use of payment cards,
b. online payments available after logging in onto the website, to one’s Client Account,
c. payment form, realized at a post-office or at a bank, generated by the payment operator. The form is available upon logging in on the website, within Client Account,
d. through authorizing the BiKeR System Operator to charge one’s credit or debit card with all calculated fees, including also the amounts payable in relation to each delayed return, fees on account of damages, theft or loss of Bike/Bikes.
3. Information on payment cards is processed by an external service provider and is not stored or available to the Operator.
4. All payments are transferred to the Operator’s account.
5. At Client request, the Operator shall provide the Client with a VAT invoice. For this purpose, the Client shall contact the Operator via electronic means to the e-mail address of the Operator in order to indicate the data necessary to issue a VAT invoice.
6. If the charged fees exceed the funds available, the Client is obliged to top up his/her Account at least to a balance equal to PLN 0 within 3 working 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, which results in the blocking of Account until the time of payment of receivables. The Operator shall be entitled to charge statutory interest on any delays in payments of amounts due from the date of their maturity until the factual day of performing payments in the full amount.
7. In case if the Client remains in arrears with payments towards the Operator, the Operator reserves the right to pass the information on overdue amounts to entities indicated by appropriate provisions of law. The Client acknowledges that BiKeR Operator is entitled to transfer the overdue receivables towards the Client stemming from the Agreement concluded with him onto third parties, which will entitle these third parties to pursue the said receivables from the Client. The BiKeR Operator reserves the right to entrust pursuing receivables from the Client with a debt-recovery company.
8. Reimbursement of payments made for Rentals may be performed post termination of the Agreement.
During the term of Agreement with BiKeR Operator, no payments for Rentals (top-up amounts) can be subject to reimbursements.
9. The amount of Promotional Voucher that credited Client Account is not refundable. It is used prior to the use of the funds paid by the Client. Details concerning: the amount, validity period and the reason for awarding the Promotional Voucher are set out in the current terms and conditions of promotions available on the Website.
1. A necessary condition for using the BiKeR System is prior registration of the Client in the System..
2. Registration can be done through:
b. Mobile application,
c. telephone contact with CC BiKeR.
3. During registration, indication of the following personal data is required:
a. mobile phone number,
b. first name and surname,
c. contact address, that is city, street including flat/house number, postal code, country,
d. Email address,
e. PESEL number,
f. optionally – payment card number in case of payment with credit card with the possibility of charging it,
4. After successful registration the Client receives an automatically generated PIN code which, along with the telephone number, serves the purpose of logging in onto Client Account. Log in data are sent by text message to the indicated telephone number.
To ensure the process of logging in to the Account and Bike Rental, the Client may connect an RFID card to his or her Client Account. The method of connecting the card with Client Account is described within the manual available on the website, in the Mobile Application and at CC BiKeR.
5. A link will be sent to the email address indicated during the process of registering. Clicking on the link serves the purpose of verifying correctness of that email address and constitutes one of the elements which must be fulfilled in order to activate Client Account.
6. Activation of Client Account will occur after the fulfilment of all below conditions:
a. all data required for successful registration have been entered on Client Account,
b. the Client has clicked on verification link,
c. the Client has made the initial fee payment.
7. Client Accounts that contain incorrect personal data with 0 PLN balance may be automatically removed from the BiKeR base.
1. Bike rental is possible provided that the Client has an active account status. Active account status is understood as:
a. clicking on activation link after registration,
b. having a minimum amount of 10 PLN on Client Account,
c. or defining within the Mobile Application or via the Website one’s credit card with the possibility of charging from which the funds will be automatically charged as the form of payment.
2. BiKeR Bikes may be rented by means of:
a. Mobile Application,
b. placing RFID card assigned to Client Account on the Bike’s reader,
c. telephone contact with CC BiKeR.
3. Bike Rental is possible at any BiKeR Station or outside of it.
4. It is the Client’s obligation to ensure, prior to commencing the ride, that the Bike is fit for the designated use, in particular, that the tyres of the Bike are inflated, and the brakes are in order as well as the lights operate.
5. In case of noting during Bike Rental of any defects in the Bike, the Client is obliged to immediately report the problem to CC BiKeR or via Mobile Application and, provided that it is possible, to return the Bike to the closest possible Station.
6. In case when during rental of the Bike an accident or collision occurs, the Client is obliged to write a statement or call the Police to the site. Furthermore, in case of occurrence of the above event the Client is obliged to inform CC BiKeR of this fact no later than within 24 hours post the event.
7. It is recommended that the Client has a mobile phone with them through which connection may be made with CC BiKeR if necessary.
8. The Rented Bike may be used within the Area of Usage. In the course of rental, the User may cycle beyond the functional area of the Area of Usage, however, he or she is obliged to return to it prior to completing Rental and return it within the Area of Usage, otherwise the User will be charged with a fee in accordance with Appendix no. 1.
1. Duration of Rental of the Bike commences at the time of Bike release, in accordance with Chapter VII Clause 2 of the Terms of Service and the opening of the O-lock Blockade. It is completed upon Bike Return, in accordance with Chapter X Clause 3 of the Terms of Service, thus, closing of the O-lock Blockade. The use of Parking function is not understood as Bike Return and it is included in the Duration of Rental.
2. The Client is obliged to return the Bike within the maximum Duration of Rental, that is within 12 hours.
3. Exceeding the duration of hours in a single rental causes additional charging of fees in accordance with Appendix no. 1.
4. The Operator reserves the right to prior contact with the Client in case of any doubts concerning the state of Bike (i.e. Low battery level, non-typical location of the Bike).
1. The Operator allows the possibility of parking Bikes during Rentals through the function of Parking. The use of Parking function is equivalent to Bike Return.
2. Parking function is available solely in the Mobile Application. After selecting it one must manually close the O-lock Blockade.
3. Duration of Parking is calculated into the Duration of Rental.
1. Returns of BiKeR Bikes are possible within the Area of Usage (subject to Chapter II Clause 28) via one of the following methods:
a. Standard Return – Bike Return at BiKeR Station, post Rental from the Station,
b. Premium Return – Bike Return at BiKeR Station, post Rental from outside the Station,
c. Paid Return – Bike Return outside of BiKeR Station but within the Area of Usage.
Premium amounts and fees for the manner of Return X.1 b and c are specified within Appendix no. 1.
2. Bike Returns in hardly accessible or closed areas as well as in the Non-Authorized Zone are not allowed under the pain of calculating an additional fee in line with the provisions of Appendix no. 1. Hardly accessible places are understood as, for instance, closed parking lots or shopping malls, closed housing estates, private estates.
3. The Client conducts Bike Return through closing of the Bike O-lock Blockade. The Bike should be immobilized in such a way so that the front Bike wheel remains in a straight line towards the Bike frame and the Bike remains stable. The Bike must be parked in line with traffic regulations, not hindering bike, road or pedestrian traffic.
4. The Client shall be responsible for correct return and securing of the Bike. Failure to adhere to this obligation may result in:
a. calculation of fees for the use of a Bike in accordance with the Price List, and in case of rental exceeding the maximum Rental Duration, calculation of an additional fee in accordance with Appendix no. 1 of the Terms of Service,
b. calculation of contractual penalty for loss, theft or damage of the Bike in accordance with Appendix no. 1 to the Terms of Service (depending on the type of Bike),
c. calculation of the fee for abandoning the Bike (regardless of the type) in a hardly accessible location and outside the BiKeR Station in accordance with Appendix no. 1 to the Terms of Service,
d. charging the fee for abandoning the Bike (regardless of its type) outside of the Area of Usage, in accordance with Appendix No. 1 to the Terms of Service.
e. calculation of the fee for abandoning the Bike (regardless of its type) in a Non-Authorized Zone, in accordance with Appendix no. 1 to the Terms of Service,
Fees sum up.
5. Fees specified in Chapter X Clause 4 b may be decreased, as appropriate, at the request of the User should the Bike be found within 30 days from the date of reporting its loss.
1. Any failures should be reported by phone to CC BiKeR or in the Mobile Application immediately after the failure is noticed. In case of any failure preventing further riding, the Client is obliged to stop and notify CC BiKeR by phone and, if possible, escort the Bike to the nearest BiKeR Station.
2. Self-repairs, modifications or replacements of any parts within the rented Bike are forbidden. The only authorized entity to perform these actions is BiKeR Service.
3. We recommend that the Client should be able to contact CC BiKeR at all times throughout Duration of Bike Rental.
1. The Operator reserves the right to temporarily block Client’s account in the BiKeR System in case of non-compliance with the conditions of BiKeR Bikes, specified in the hereby Terms of Service.
2. In particular, the account blockade may occur, when the Client:
a. failed to provide personal data specified in Chapter VI of the Terms of Service,
b. uses the Bike not in compliance with its designation,
c. leaves the Bike unsecured.
3. Account Blockade may also occur in case when the Bike has been lost post its Rental.
4. Permanent Blockade of Client Account prevents any future setting up of subsequent Accounts and constitutes termination of Agreement with the Client due to his/her fault.
1. A complaint is an expression of discontent by the Client on account of the provided service or the course of process related to the provided service and, ultimately, a demand for correction of the service or a reimbursement of entirety or part of the calculated fee. Submissions which do not contain claims directed at the Operator shall not be considered as complaints.
2. Complaints ought to contain at least such data as: first name, surname, address, telephone number, allowing for Client identification. In case of lack of data that would enable identification of the Client, the Operator will leave such a submission unattended.
3. 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 indicated in Chapter I Clause 3,
b. via electronic means through the contact form available on the Website,
c. through Mobile Application,
d. via telephone,
e. via registered letter to the address of the Operator, specified in Chapter I Clause 3,
f. in person at the premises of the Operator.
4. 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. Prior to considering complaints, the Operator may also turn to the Client with a request to supplement, at a designated time, data on the Account, indication of which is required by the provisions of the Terms of Service. In case of lack of data the Operator will leave such submission unattended.
5. The recommended term for submission of complaints amounts to 7 days from the date of occurrence of the event which constitutes the cause of a given complaint.
6. Submitting a complaint does not release the Client from the obligation of a timely realization of the liabilities towards the Operator.
7. The Operator shall process a complaint within 14 days from the date of obtaining it and in case of matters of more complicated nature, this period may take 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.
8. Response to a complaint shall be posted to the Client via electronic post or traditional post to the correspondence address in a manner specified in the complaint. The Operator may post a response to an alternative address / email address indicated by the Client submitting the complaint within the correspondence.
9. The Client may appeal against a decision issued by the Operator. The appeal will be considered within 14 days of its receipt by CC BiKeR. The appeal ought to be submitted in one
of the following manners:
a. via electronic means to the email address indicated in Chapter I Clause 3,
b. via electronic means through the contact form available on the Website,
c. via registered letter to the address of the Operator specified in Chapter Clause 3,
d. in person at the premises of the Operator.
10. The Client may:
a. submit the appeal against the Operator’s decision directly to CC within 14 days from the date of receipt of the response to the complaint,
b. launch court actions against the Operator before the relevant general court.
1. Withdrawal from Agreement:
a. The Client may withdraw from the Agreement concluded with the Operator – pursuant to the provisions of law, without giving any reason, within 14 days from the date of its conclusion. The deadline shall be deemed met if, before its expiry, the Client sends the statement of withdrawal from the Agreement to the Operator.
b. The Client may withdraw from the Agreement by:
i. via an email address of the Operator indicated in Chapter I Clause 3 of the written statement on withdrawal from Agreement,
ii. sending via registered letter to the address of the Operator, specified in in Chapter I Clause 3 of the written statement on withdrawal from Agreement. For this purpose, the Client may use the withdrawal form contained in Annex no. 2 to the Act on Consumer Rights (Journal of Laws 2019, item 134 as amended), however, this is not obligatory.
c. In case of withdrawal from the Agreement, the Agreement shall be deemed 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 services occurs no later than within 14 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement. Payment reimbursement is performed by means of the same methods of payment which were used by the Client in the course of initial transaction, unless the Client indicates another solution within the declaration of withdrawal from Agreement. Other solutions ought to be indicated by the Client within the submitted declaration.
d. Should, pursuant to the demand of the Client, the execution of service commence prior to the expiry of the term of withdrawal from Agreement, the User is obliged to pay for the services fulfilled until the moment of withdrawal from Agreement. The reimbursement of means remaining on the account occurs no later than within 14 days from the day of receipt by the Operator of the declaration regarding withdrawal from the Agreement.
2. Termination of the Agreement upon application of the Client
a. The Client has the right to terminate the Agreement. Termination may be submitted by the Client in the following manner:
i. via electronic means to the email address indicated in Chapter I Clause 3,
ii. via electronic means through the contact form available on the Website,
iii. via registered letter to the address of the Operator, specified in Chapter I Clause 3,
iv. in person at the premises of the Operator.
b. The termination of Agreement takes effect immediately, within 14 days from the date of receipt of the termination by the Operator. Liquidation by the Operator of Client Account within the BiKeR System shall be the result of Agreement termination.
c. Prior to terminating the Agreement the Client is obliged to top up the means on the Client Account to reach the balance of 0 PLN. Termination of Agreement in a situation where Client Account balance is negative shall remain without effect on the Operator’s right to pursue the amount equal to the unsettled liabilities of the Client for the Operator’s provision of services.
d. If the funds on Client Account exceed 0 PLN on the day of Agreement termination they will be reimbursed to the bank account indicated by the Client in the application form, unless the Client consented to an alternative solution within Termination of Agreement. Other solutions ought to be indicated by the Client within the submitted declaration. The reimbursement of funds shall occur within 14 days from the date of receipt of the termination of Agreement. In case when reimbursement of funds is related to the necessity of incurring additional costs on the side of the Operator in the form of transfer costs, these costs shall be deducted from the means to the reimbursement of which the Client is entitled.
3. The Operator may terminate the Agreement subject to the 7 days’ notice period (seven days) in the event of occurrence of a significant cause, such as in particular: liquidation of the BiKeR System or ceasing of operations or change of the scope of BiKeR System operations.
4. Termination of Agreement for the provision of services via electronic means by the Operator shall occur through sending a statement of termination of Agreement for the provision of services via electronic means to the electronic post address of the User specified in Client Account or via submission of a declaration to the User in any other manner.
5. Subject to clause 6 below, liquidation by the Operator of User Account shall be the result of Agreement termination.
6. In the event, when in the course of the hereby Agreement validity the User used the bike rental service in other cities according to the principle of compatibility of Systems in line with the provisions of Chapter I Clause 4 of the Terms of Service and, as part of their registration to that subsequent service, he or she did not set up a new account, the Client Account shall not be liquidated. The service of Client Account shall continue to be provided according to the conditions specified in the Terms of Service indicated above for the subsequent service which, as per the rule of compatibility, the User used, including in particular the means on the Account will remain available to be used under this service.
7. If the User, after termination of Agreement, continues to use Client Account according to the rules specified in par. 6 above, he or she shall be obliged to make payments stemming from the Terms of Service of a given service, excluding payment of the initial fee according to the conditions specified in the Terms of Service of a given service.
8. In case when Client Account is liquidated, provided that the means of Client Account exceed PLN 0 on the day of Agreement termination, these shall be returned to the bank account specified by the User. The termination of the Agreement takes effect immediately, within 30 days from the date of receipt of the termination by the Operator. In case when reimbursement of funds is related to the necessity of incurring additional costs on the side of the Operator in the form of transfer costs, these costs shall be deducted from the means to the reimbursement of which the Client is entitled.
1. Pursuant to the introduction of changes in Chapter II Clause 16 in the Terms of Service valid from 26.06.2020, the Initial Fee shall not be calculated as part of fees applicable post exceeding the free Duration of Rental.
2. The Operator shall charge Client Accounts with an Initial Fee at the level of 10.00 PLN. In the event when the balance of means on Client Account, after charging the Initial Fee, is lower than the Minimum Account Balance, the Client shall be obliged to top up the means to reach the Minimum Account Balance enabling further use of BiKeR.
3. In case of failing to make the top up payment in accordance with the above provisions, the Operator reserves the possibility of Blocking the Account in line with Chapter XII of the Terms of Service
XVI. Final provisions
1. The acceptance of the hereby Terms of Service and Rental of a Bike indicates: a declaration on the health state which ensures 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 Client Account, provided that they were not used by the Operator previously to cover the payable liabilities chargeable to the Client.
3. In the event of services of permanent nature (i.e. account maintenance) the Terms of Service may be modified due to a significant cause, such as:
a. change of legal regulations or their interpretation justifying the need for changes in the Terms of Service;
b. change in the service, including in the scope or manner of its provision;
c. introduction of a new service;
d. discontinuation of provision of services entirely or partly;
e. reasons related to privacy protection, safety and prevention of abuses;
f. removal of potential doubts or interpretation ambiguities;
g. change of data specified in the Terms of Service, including the Operator’s data.
Any modifications shall come into force within 14 days from the date of notifying the User of changes to the Terms of Service through publishing them on the internet website and sending them to the User’s email address. In the event of lack of acceptance of changes in the Terms of Service, the User may terminate the Agreement effective immediately by submitting the statement of termination no later than within 14 days from the date of being notified of changes in the Terms of Service.
4. In the event of services of one-off nature (i.e. one-off ride) or services paid upfront, in each case the version of the Terms of Service valid at the moment of ordering the service is binding in each case.
5. For all matters unresolved in the hereby Terms of Service the binding legal provisions shall apply, and in particular, the provisions of the Civil Code and the Act on Road Traffic.
6. In case of any discrepancies between the Polish and the foreign language version of the Terms of Service, the Polish version of the document shall prevail.
|Pricelist for Standard Bikes, Standard Bikes with child seat, Children Bikes and Tandem Bikes||Gross value|
Payment for rental
(Amounts from individual time ranges sum up)
|from 1 to 25 minutes||PLN 0|
|from 26 to 60 minutes||PLN 1|
|from 61 to 120 minutes||PLN 3|
|third and each subsequent commenced hour||PLN 5 /hour|
|Fee for exceeding the 12-hour limit of rental||PLN 300|
|Fee for theft, loss or damage of:|
|Standard Bike||PLN 3900|
|Standard Bike with Child Seat||PLN 4500|
|Children Bike||PLN 3500|
|Tandem type of Bike||PLN 10000|
|Initial fee||PLN 10|
|Bonus for escorting the Bike to the BiKeR Station (Premium Return)||PLN 2|
|Abandoning the Bike out of the BiKeR Station (Paid Return)||PLN 10|
|Ride on the bike by greater than allowable number of persons for a given type of Bike||PLN 100|
|Abandoning the Bike (regardless of its type) in Non-Authorized Zone||PLN 450|
|Abandoning the Bike (regardless of its type) outside the Area of Usage||PLN 450|
|Abandoning the Bike (regardless of its type) in a hardly accessible place||PLN 600|
|Removal of applied protections||PLN 200|
|Non-authorized ride||PLN 100|
|Transporting the Bike via other means of transport (train, bus, car etc.)||PLN 100|
Additional fees sum up.
1. The maximum load of the Bike equipped with a child safety seat must not exceed 114 kg.
2. The use of a Bike equipped with a child safety seat is possible only under the supervision of a legal guardian of a child having an account in the BiKeR System. The legal guardian is obliged to correctly secure the child in the safety seat in accordance with the instructions for use placed on the seat.
3. In case of any doubts as to how to properly secure the child in the safety seat, the System User should contact CC by phone.
4. Bikes fitted with a child safety seat are intended for the carriage of children between 9 kg and 22 kg who are able to sit without assistance for a prolonged period of time at least as much as the intended journey on a Bike.
5. Before placing your child in the safety seat, make sure that the seat, the Bike attachment and the restraint system are not damaged, do not show signs of damage, are not loose and are securely attached to the Bike. It is also recommended to check the temperature of the seat (whether it is not excessive, e.g. due to direct sunlight). If any irregularities are observed, in particular if the seat is defective or defectively installed in a Bicycle, the BiKeR System User should inform the Operator via CC BiKeR and in such case the use of the seat is prohibited.
6. The legal guardian takes full responsibility for the child when renting a Bicycle equipped with a child safety seat.
7. The child carried in the child seat should wear a protection helmet adjusted in size to the child’s head and correctly fastened (it does not constitute an accessory of the Bike). Securing the child against potential unbeneficial weather conditions is also recommended, i.e. against rain or excessive sunlight through proper outfit.
8. The child should be placed in the child safety seat in such a way as to ensure optimum comfort and safety when riding, using a restraint system that ensures that the child’s movements are restricted in the child safety seat. It is recommended that the backrest should be inclined slightly backwards.
9. It is the responsibility of the User to ensure that the transported child is protected in such a way that it cannot fall out while riding. If the accident occurs due to the improper use of the restricting mechanism, the Client shall be liable for the resulting liability.
10. Before you start riding, make sure that:
a. it is not possible for any part of the child’s body, clothing or safety components to come into contact with the moving part of the seat or a Bicycle,
b. the additional load on the Bike does not adversely affect the steering or balance of the Bike, which is necessary for safe riding on the Bike;
c. the child’s weight and body size do not exceed the maximum load of the seat (this should also be checked while riding).
11. Making modifications to the seat or attaching any additional luggage to the child restraint system is forbidden. One must remain particularly careful when riding a Bike with the child in the seat, bearing in mind that your Bike may behave differently in terms of balance, steering and braking. In particular, one should adjust the speed to the limitations of travelling with an additionally loaded Bike.
12. During the use of the Bike it is necessary to check if the Bike rack with the seat installed is functioning properly and if the child transported does not cover in any way the reflections placed on the Bike rack or seat.
13. One should also take special care not to leave the Bike parked with the child in the child safety seat unattended.
14. Rental and Return of the Bike with child seat is possible at any station.