Terms and Conditions

TERMS OF USE

OF OPOLE CITY BIKE SYSTEM (OCB)

GEOVELO OPOLE

I. INFORMATION ABOUT THE OPERATOR AND GEOVELO OPOLE CITY BIKE SYSTEM

  1. The Terms of Use define the terms of registration and/or use of the public bike system GEOVELO OPOLE supplied by GeoVelo Sp. z o.o. with registered office in Szczecin.
  2. The GEOVELO OPOLE – OCB System Operator is GeoVelo Sp. z o.o. with its registered office in Szczecin, 70-383, 21 Mickiewicza St, holder of NIP (Tax Identification Number): 8522644551 and REGON (National Business Registry Number): 380052689, entered into the Register of Entrepreneurs kept by the District Court of Szczecin – Centrum, 13th Commercial Division of the National Court Register under KRS: 0000730432, email: www.geovelo.pl
  3. Contact with our Customer Support Service by:
  4. In case a need arises to contact the User, we shall do so in writing or via GEOVELO OPOLE application.

II. DEFINITIONS

  1. Application – GEOVELO OPOLE application is designer for iOS and Android mobile devices and is available for download at the App Store and Google Play.
  2. Terms of Use – describe the terms and conditions of using GEOVELO OPOLE, in particular the conditions, rights, duties and responsibilities of people renting bikes in the GEOVELO OPOLE system. Acceptance of these Terms of Use and fulfillment of all the terms set out herein constitutes the basis and prerequisite for renting a bike in the GEOVELO OPOLE system.
  3. Agreement – Agreement of the User with the Operator establishing mutual rights and obligations set out herein. It is acknowledged that the Agreement covering these Terms of Use is automatically entered into at the time of the User’s registration in GEOVELO OPOLE system, and subject to the User’s declaration of acceptance of these Terms of Use and consent to personal data processing.
  4. Bike – GeoVelo bike equipped in an electronic lock system with GPS location module, available for rent from GEOVELO OPOLE city bike system which constitutes the property of the Operator.
  5. Fees – all fees, including additional fees for renting a city bike in accordance with the provisions set out herein.
  6. User – a person who has registered in GEOVELO OPOLE app by supplying the Operator with personal and payment data necessary for the creation of user account.
  7. Operator – Geovelo Sp. z o.o. with registered Office in Szczecin, provider of services related to the operation and management of GEOVELO OPOLE city bike system.
  8. Bike season – period during which GEOVELO OPOLE city bikes will be available for rent to the Users, that is period from 1 March to 30 November each year, subject to an exception of the current year when the bike season will be launched in July 2019.
  9. Use Zone – the administrative boundaries of the city of Opole mapped out on the map provided by the Application.
  10. Bike Station – a docking station mapped out in the Application and indicated across the city.
  11. Parking Stand – bike parking stands mapped out in the Application and indicated across the city.

III. GENERAL TERMS OF USE OF THE GEOVELO OPOLE SYSTEM

  1. To use the GEOVELO OPOLE system the prospective User must register an account on GEOVELO OPOLE mobile app.
  2. During the Bike Season, the Operator shall rent a bike to the User to be used within the delineated Bike Zone on the terms and conditions set forth herein. The User undertakes to comply with these Terms of Use, in particular to pay the required fee and use the bike in compliance with these Terms of Use.
  3. Adolescents above 13 and below 18 years of age (hereinafter referred to as minors), prior to entering into the Agreement are required to submit to the Operator a written consent of at least one parent or legal guardian agreeing to the conclusion of the Agreement, as well as a statement to the effect of assuming liability for any damage that may arise, in particular, in connection to the non-performance or improper performance of this Agreement, and committing to pay any dues arising from the completion of the Agreement. For the statement to be legally valid, the Guardian must affix a handwritten signature on the consent. A scan of the consent must be sent by electronic mail to the email address: kontakt@geovelo.pl or by post to the Operator’s address. The Operator is under no obligation to verify the information provided by Users during registration. The Operator is in no way liable for damages arising from the User’s supply of false information.
  4. By registering an account, the User gives consent to the processing of personal data in accordance with the Operator’s Privacy Policy available at: http://www.geovelo.pl/privacy-policy. During the registration, the User also accepts the Information Clause which specifies types of data processed by the Operator and enumerates the User’s rights in this respect. The collection and processing of personal data shall comply with the Regulation of the European Parliament and the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR).
  5. The Operator reserves the right to suspend a User’s account at any point in case there is reasonable suspicion that the User doesn’t comply with these Terms of Use, in particular, if the User is suspected to be in breach of the provisions set forth in section 9. The User’s account will be suspended for the period of time needed to verify if the User complies with the Terms of Use.
  6. The Operator reserves the right to amend, from time to time, the Terms of Use regarding the scope and terms of service, as well as fees for the service provided.
  7. The Operator shall apply due diligence to ensure smooth operation of the GEOVELO OPOLE city bike system, however hereby warns that situations in which the system is not operative might occur for reasons beyond the control of the Operator.
  8. The Operator does not guarantee that city bikes will be available for Users at each demand. Users may only use the bikes available within the delineated Bike Zone.
  9. Only one bike can be rented using a single User account at the same time.

IV. BIKE RENTAL AND RETURN TERMS

  1. Each bike is equipped in an electronic lock which is unlocked by scanning the QR code on the lock with your application or by manual entering of the telecode which is placed on both sides of the bike’s rear wheel fork. The telecode can be also provided to the User by phone through the Call Center or by SMS.
  2. The User is obliged to ensure, prior to the ride, that the bike is fit for agreed use, in particular that the bike tires and the brakes are in good working order.
  3. In case any effect is found during the bike rental or use, the User shall be required to promptly report the problem to the Operator and to deliver the bike to the nearest Station or Parking Stand as marked on the map available on the GEOVELO OPOLE app.
  4. Rental and use by the User of a faulty bike may result in his/her liability for defects or damages caused thereby if the User could have spotted the bike’s malfunction.
  5. After the ride, the bike should be returned to a designated Bike Station or Parking Stand marked on the map on GEOVELO OPOLE application.
  6. When the User is outside the area with a Bike Station or Parking Stand, the User may finish the ride without finishing the rental by locking it manually and halting the ride in the application (standstill function). The pause may be up to 3 hours maximum, and during this time the bike should be returned to a Bike Station or Parking Stand. During a pause in rental, a bike left with a closed lock is available for rent by other Users. For the pause in rental the Operator has the right to charge the standard fee of 0,05 PLN for every started minute of the standstill break.
  7. The User has the option to park the bike on the sidewalks, or shoulder of public roads outside Bike Stations and Parking Stand, which results in a charge of an additional fee (PLN 5.00).
  8. Leaving the bike in any other place than a designated Bike Station, Parking Stand or public roads’ shoulders shall be treated as loss of the bike or incorrect return, in case of which the User may be required to pay additional fees stipulated in section VII, point 3 hereinbelow. The bike must be always returned in a way that does not hinder pedestrian movement and car traffic.
  9. The User is not allowed to finish the ride outside the Bike Station or Parking Stand area, and restart the ride to profit from the free-of-charge rental of the same bike, that is to avoid paying for bike rental. In case such behavior is identified, the Operator has the right to charge additional fee of 9,00 PLN and block the User’s account until the amount is paid. The Operator shall deem that an instance of the above described misdemeanor has taken place when the User finishes his/her ride outside the Bike Station or Parking Stand area, and restarts the ride within 10 minutes.
  10. To return the bike, The User should place it in the bike rack at the Bike Station or position on the inbuilt bike support, and then close the lock manually and press the “End Ride” button on the application.
  11. In case of non-compliance with these Terms of Use, in particular resulting in damage to the Operator’s property, the Operator has the right to temporarily block the User’s account until the matter is settled.
  12. In case the bike is left in a place which prevents other Users from renting it (outside the Bike Station or Parking Stand as well outside of public roads’ shoulder), the Operator will charge the User responsible for such incorrect return an additional fee of 30,00 PLN.
  13. The User may book a bike spotted on the app for maximum 30 minutes. To do so, the User should call the Customer Support Service, Monday to Friday, from 8:00 am to 4:00 pm. Before using the bike formerly booked, the User must contact the Customer Support Service to confirm that he/she is about to take the bike. If the booking is not confirmed within 30 minutes, the Operator has the right to cancel the booking and charge the User with the booking fee.
  14. The bike booking fee is 3,00 PLN. The booking fee is charge regardless of whether the User makes use of the bike booked or not.

V. FEES

  1. The necessary condition for the use of GEOVELO OPOLE bike system is payment of the registration fee in the amount of 10,00 PLN. The registration fee is non-refundable. In case GEOVELO OPOLE bike system shall cease to operate before the specified end of bike season in 2021, the Operator will refund to the User, at his/her request, the registration fee minus bank transfer charges.
  2. To unlock the bike lock and rent a bike through the User’s account, there must be the minimum balance of 20,00 PLN on the User’s account (including 10,00 PLN registration fee, also in case when the User has a prepaid account or during the 20 minute-free ride. The balance on the User’s account secures the payment of rental fees.
  3. The first 20 minutes of bike rental are free of charge.
  4. The basis for calculating the fee is the number of minutes counted from the collection of the bike from the Bike Station. The rental fee is 0,05 PLN per each minute started following the initial 20 minutes which are free of charge. If the bike rental is longer than 200 minutes on a given day, the remaining time is free of charge, pod warunkiem zwrotu roweru to the Bike Station or Parking Stand.
  5. To rent a bike, the User must add a valid payment card (debit or credit) to the GEOVELO OPOLE system from which the Operator may deduct the charges. The following cards are accepted: VISA, VISA Electron, Mastercard or Amex.
  6. In case the fees charges exceed the funds on the User’s account on GEOVELO OPOLE application, the Operator will charge the amount due from the User’s payment card.
  7. By accepting these Terms of Use, the User undertakes not to cancel the payment card registered in the application prior to notifying the Operator of such an intention, upon which the User shall add a new payment card to the system, which meets the requirements stipulated in point V.5.
  8. The User may top up funds on his/her prepaid account directly from GEOVELO OPOLE application via PayPal by providing his/her payment card data or by logging to the User’s account on PayPal. There are no charges for crediting the User’s prepaid account. The Operator reserves the right to change the payment operator.
  9. Bonuses, e.g. promotional fees, credited to the User’s account cannot be paid out and can be used only to cover the rental fees.

VI. BIKE RENTAL SUBSCRIPTION FEES

  1. Daily subscription is 9,00 PLN and it doesn’t increase the User’s account balance, but allows to use the bike for 24 hours from the moment of purchasing the subscription.
  2. Other subscription plans (monthly for 40,00 PLN, three-monthly for 80,00 PLN or yearly for 160,00 PLN) do not increase the User’s account balance, but allow him/her to rent the bike maximum 2 times a day, provided that each rental is not longer than one hour.
  3. In case the User exceeds the daily time limit set within a subscription plan, his/her account will be charged with a standard additional fee of 0,05 PLN for every started minute.
  4. Subscription plans (daily, monthly, three-monthly and yearly) are valid from the moment of purchase and expire automatically on the expiration of subscription term. The User is not entitled to any refund of the subscription fees for the period of time exceeding the Bike Season.
  5. For Users with subscription plans, bike rental is possible only on the condition that the User’s account balance is minimum 20,00 PLN (including 10,00 PLN registration fee).

VII. DURATION OF RENTAL

  1. Maximum duration of a single rental of GeoVelo bike is 24 hours from the moment of collecting it from the Bike Station. This is the maximum rental period.
  2. Before the maximum rental period expires, GeoVelo bike must be returned, that is the User is required to park it correctly in the Bike Station or Parking Stand, and then close the lock manually and press the “End Ride” button on the application.
  3. In case of the User exceeding the maximum duration of rental, the bike will be deemed as lost and the User will be charged with the penalty for bike loss of 2.500,00 PLN (in words: two thousand five hundred Polish zloty). The Operator will notify the User of the charge and call on him/her to explain the bike’s absence. In the event the bike is returned by the User after he/she has been asked for explanation, instead of the penalty for bike loss, the Operator will charge the User with the fee of 30,00 PLN for exceeding maximum rental limit and additional fee for using the bike, as specified in section 5. The Operator may block the User’s account until the matter is explained or the penalty paid.

VIII. BIKE DEFECTS

  1. It is the obligation of the User to ensure by visual assessment, prior to unlocking the electronic lock, that the bike is fit for use. In case any defects are identified after unlocking the electronic lock, the User is required to deliver the bike to the Bike Station or Parking Stand the bike was collected from, and to report the problem to the Operator via GEOVELO OPOLE application, by using the designated function in the app.
  2. In case any defects are fund during the ride, the User is required to halt the bike in a safe manner and deliver it to the nearest Bike Station or Parking Stand, and next close the lock blockade manually and tap “end rental” in the app. The User is obliged to report the defect to the Operator by using the designated function in GEOVELO OPOLE application. In the event a defect is identified, the User should not attempt to ride the bike any further as it might be dangerous for the User himself/herself, as well as for other road traffic participants. The Operator does not bear any responsibility for damages to persons or property resulting from the User’s continued use of a malfunctioning bike.

IX. USER’S RESPONSIBILITY AND OBLIGATIONS

  1. The User shall be responsible for ensuring the bike is secure throughout the rental period. The User shall be responsible for using the bike for its intended purpose and in compliance with the Terms of Use.
  2. The User shall return the bike in good working condition and in the same condition as at the time of rental. The User shall be responsible for consequences of any events resulting from his/her breach of applicable law when using the GEOVELO OPOLE system.
  3. Letting the bike to be used by a third party against the provisions of the Terms of Use does not release the User from responsibility for bike’s damage or theft.
  4. The User shall be responsible for using the bike in a safe way, in accordance with its designation and applicable law, including the Highway Code.
  5. The User undertakes to comply with the provisions contained in these Terms of Use with regard to bike rental and use of GEOVELO OPOLE public bike system.
  6. The User bears sole responsibility for any objects transported on the bike.
  7. The bikes are equipped in baskets of 5kg capacity. It is forbidden to carry heavier loads or put into the basket any objects that extend above its edge.
  8. The User is required to return the bike in the same condition as at the time of rental (unlocking the lock), subject to normal wear and tear.
  9. In some special cases, the Operator reserves the right to demand the User to supply him with information about a specific rental. Upon such request, the User shall provide the Operator with his/her name and surname, home address and information about the rental itself, including how the was bike used and the route it took. By accepting these Terms of Use, the User also consents to sharing the aforementioned data with third parties with whom the Operator has concluded a data processing agreement and who guarantee secure data processing.
  10. In case a bike theft or collision occurs during the rental period, the User is obliged to notify the Operator and promptly report the theft or accident to the nearest Police Station.
  11. The use of GEOVELO OPOLE bike system is forbidden for persons under the influence of alcohol or other drugs, psychotropic substances or substitute agents within the meaning of regulations on preventing drug addiction; this applies to strong anti-allergic medicines, and other medicines after application of which, by definition, people are not allowed to drive/ride any vehicles or should at least avoid driving/ riding. It is forbidden to transport GEOVELO OPOLE bikes by cars or other vehicles.
  12. The User assumes full and complete responsibility and undertakes to pay all fines, fees etc. as may be imposed on the User in connection with the use of the bike, and due to his/her own fault.
  13. In case of any proven damage or demolition to the bike arising from improper use of the equipment being part of the GEOVELO OPOLE system, the User agrees to pay for any repairs and restoration of equipment to its original condition prior to rental or damage. For necessary repairs, the Operator will issue a relevant bill or VAT invoice. The Operator is entitled to retrieve the amount equivalent to the costs of repairs and restoration from the User’s account or charge it directly to the payment card registered on the User’s account to which, hereby, the User gives his/her consent.
  14. In case of incorrect return of the bike due to the User’s fault, the User shall bear any costs of its further rental and may be held liable for any resulting theft or damage. In case any difficulty should occur in returning the bike, the User is required to contact the Operator.
  15. Any intentional damage to the Operator’s property shall result in the party inflicting damage having to incur the costs of repair or restoration, and may consequently result in legal action. The Operator has the right to seek compensation of all reasonable costs, including legal expenses, from the party at fault who caused damage or demolition.

X. BIKE RENTAL LIMITATIONS

  1. The User is not allowed to let other persons ride the bike rented. It is also forbidden to carry other passengers and pets on the bike.
  2. It is forbidden to tamper with the bike structure or equipment in any way. The User may not modify or demount any elements of the bike, nor mount any additional accessories and parts.
  3. It is forbidden to damage the bike.
  4. It is forbidden to lock the bike in any other way than the way described in the operating manual of GEOVELO OPOLE system.
  5. It is forbidden to use the bike for any purposes related to conducting business.
  6. The total weight of the bike and the user, and other carried load, cannot exceed 130 kg.
  7. It is forbidden to carry on the bike any hazardous materials or materials and substances forbidden by the law.
  8. The bike may not be used in a foolhardy and dangerous manner, including the performing of tricks and acrobatics.
  9. It is forbidden to use the bike in connection with any actions that are commonly regarded as illegal, immoral or inappropriate.

XI. OTHER FEES

  1. In case of damage to the bike caused by the User, the Operator is entitled to charge the User with the costs of repairs, payable on demand, in the amount not exceeding 2.500,00 PLN.
  2. In case the bike is lost by the User, the Operator will charge the User with the penalty of 2.500,00 PLN.
  3. The User hereby authorizes the Operator to charge the aforementioned fees and penalties on the User’s payment card registered on the User’s account in GEOVELO OPOLE application.

XII. BONUS SYSTEM

  1. The GEOVELO OPOLE system runs a bonus that enables Users to collect bonus points for activity which can be redeemed as free recharges of the User’s account.
  2. The free recharges – that top up the User’s account – cannot be retrieved by the User and can only be spent on bike rental.
  3. Upon the User’s request submitted to the email address: kontakt@geovelo.pl, each 50 bonus points collected by the User can be exchanged to 1,00 PLN recharge, which is equivalent to renting a bike for 20 extra minutes beyond the standard free-of-charge time.
  4. For each correct rental and return of the bike to a stand at the Bike Station, the User will be awarded 5 bonus points.
  5. After each month’s end, 3 most active Users in terms of the total number of kilometers covered in a given month will extra receive bonus points for the top three positions, respectively: for the 1st position – 500 bonus points, for 2nd position – 300 bonus points, for 3rd position – 100 bonus points. List of winners will be published each month on GEOVELO OPOLE system website.
  6. The User can check the number of bonus points and his/her point account balance after logging into the User’s account.

XIII. COMPLAINTS

  1. All complaints will be processed in accordance with the Complaint Handling Policy in place. The Operator shall reply to a complaint within 14 days upon its receipt. In particularly complicated cases, the complaint response time will be 30 days. The User consents to provide supplementary or additional information required by the Operator for complaint resolution.
  2. Where it is necessary to supplement a complaint, the time limit for complaint resolution will run from the date of delivery of supplementary or additional explanation/information to the Operator. In cases where it is impossible to meet the complaint resolution time limit, the Operator shall inform the User of the delay, stating the cause of delay (circumstances that have to be established), and the expected complaint resolution timeframe.
  3. The User agrees that he/she will be sent the reply to the complaint by electronic mail. In duly justified cases, the Operator may send a reply to another email address indicated by the party filing the complaint.
  4.  Consideration of a complaint involves identification of the problem, evaluation of its rationale and resolution of the problem reported by the User or taking relevant measures to eliminate any irregularities and causes thereof, as well as the provision of an exhaustive, professional reply in terms of form and content.
  5. This Complaint Handling Policy is subject to Polish law.
  6. Any disputes that may arise between the User and the Operator will be settled by a court of law with jurisdiction over the Operator’s registered office.

XIV. WITHDRAWAL FROM THE AGREEMENT

  1. The User may withdraw from the Agreement with the Operator pursuant to applicable laws and regulations, without stating the reason, within 14 days of its conclusion. The time limit shall be deemed to have been met if, prior to its expiry, the User files a notice of withdrawal from the Agreement.
  2. The User may withdraw from the Agreement by sending a notice of withdrawal to the Operator to the email address:kontakt@geovelo.pl.
  3. In the event of withdrawal from the Agreement, the Agreement will be deemed null and void. In case of withdrawal from the Agreement either party shall have the obligation to return to the other party everything they have received under the Agreement, except for the registration fee that is non-returnable and which is collected by the Operator in connection to opening of the User’s account. Any benefits exceeding the registration fee will be returned not later than 14 days from the Operator’s receipt of the notice of withdrawal from the Agreement. The payment will be refunded with the use of the same payment modes that were used by the User in the original transaction, unless the User has agreed to a different arrangement in the notice of withdrawal. Such different arrangement should be explicitly indicated by the User in the declaration given.
  4. In case of withdrawal from the Agreement, the Agreement shall be deemed as not concluded, however parties exclude the possibility to withdraw from the Agreement within the extent in which it has already been performed. Other benefits will be returned within 14 days from the date of the Operator’s receipt of the notice of withdrawal from the Agreement, with the use of the same payment modes as those used by the User in the original transaction, unless the User expressly indicates a different arrangement in the notice of withdrawal from the Agreement.

XV. TERMINATION OF THE AGREEMENT BY THE USER

  1. The User shall have the right to terminate the Agreement. The notice of termination should be sent in writing to the email address: kontakt@geovelo.pl or postal address of the Operator.
  2. Termination of the Agreement shall take effect within 14 days from the date of delivery of the notice of termination to the Operator on the condition that the User recharges his/her User’s account within this period and has the required balance of 10,00 PLN. In case the User does not recharge his/her account as above described within the time limit mentioned, the termination of the Agreement shall be deemed ineffective.
  3. If the User’s account balance exceeds 10,00 PLN at the time of termination of the Agreement, the amount above 10,00 PLN will be returned to the bank account designated by the User. The refund will take place within 30 days from the date of termination of the Agreement. Bank transfer fees will be deducted from the amount due to be returned to the User.
  4. In case any of termination of the Agreement by either party, the Operator shall keep the registration fee subject to point V 1.

XVI. PERSONAL DATA PROTECTION

  1. The Administrator of your personal data is GeoVelo Sp. z o.o. with its registered office in Szczecin, 70-383, 21 Mickiewicza St, holder of NIP (Tax Identification Number): 8522644551 and REGON (National Business Registry Number): 380052689, entered into the Register of Entrepreneurs kept by the District Court of Szczecin – Centrum, 13th Commercial Division of the National Court Register under KRS: 0000730432.
  2. The submission of required personal data is voluntary, but necessary; in the absence of provision of personal data precludes the GEOVELO OPOLE to provide you with services, that is, you will not be able to use GEOVELO OPOLES system and services. Information on personal data protection can be found in the Privacy Policy available at: www.geovelo.pl/polityka-prywatnosci.
  3. The User has the right to access his/her personal data and to rectify, supplement or demand the data to be deleted.
  4. In the event a complaint is filed, personal data shall be stored until the end of the complaint procedure and any resulting proceedings, for examination of the User’s claim, and as evidence. If filing is made during that period (e.g. a claim for compensation or redress of damage) – the data will be processed to determine the possible liability of the Operator/ User and enforce any ruling in the case.
  5. The User has the right to lodge a complaint with a relevant supervisory authority.
  6. Personal data are processed, stored and protected in compliance with applicable laws and regulations.
  7. Personal data shall be processed solely for the performance of this Agreement (Terms of Use) and may be disclosed to other parties cooperating with the Operator on and for the purpose of implementation of this Agreement only within the limits of applicable laws and the Personal Data Processing Outsourcing Agreement.

XVII. FINAL PROVISIONS

  1. The acceptance of these Terms of Use and bike rental shall operate as: providing a declaration of good health allowing safe bike rides; the ability to ride a bike; possession of any licenses required by the law, and knowledge of traffic regulations.
  2. The Operator reserves the right to terminate the Agreement by 14-day-notice, should the User violate the provisions of these Terms of Use (e.g. failure to accept new Terms of Use, failure to return the bike within the required time limit), in the event of which the User may raise claims against the Operator for the return of funds held in his/her User’s account unless previously used up by the Operator to cover any amounts due by the User.
  3. The Operator has the right to amend these Terms of Use or the Privacy Policy with effect for the future. Information about amendments to the Terms of Use or the Privacy Policy will be sent to the User’s email address provided at the time of registration. In the absence of a notice of non-acceptance of the amendments to the Terms of Use or Privacy Policy sent to the Operator within 7 days of its dispatch, it shall be deemed that the User accepts the amendments to the Terms of Use and Privacy Policy.
  4. Solely the User and the Operator are entitled to the rights arising from these Terms of Use. No other person is entitled to use the rights stipulated herein.
  5. Without a written consent of the Operator, the User may not transfer to any third party any of the rights arising hereunder.