Terms of Service

Terms of Service
of „KRM” Koszaliński Rower Miejski System
Valid from 14 May 2021

I. General Provisions
1. The hereby Terms of Service specify the principles and conditions of using the System of Koszaliński Rower Miejski (hereinafter: KRM), launched and operating within administrative borders of the city of Koszalin.
2. Terms of Service of KRM as well as the Privacy Policy are available free of charge on the internet website www.koszalinskirowermiejski.pl in such a way so as to enable familiarising with the content, obtaining, broadcasting and recording them. These documents may be obtained at the headquarters of Nextbike Polska S.A. under restructuring with its registered seat in Warsaw, which is the Operator of KRM.
3. Contact:
Nextbike Polska S.A. under restructuring
ul. Przasnyska 6b
01 – 756 Warszawa
e-mail: [email protected]
tel.: 94 721 42 22
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.

II. Definitions
1. Mobile Application – mobile application enabling the use of KRM. The use of Mobile Application is possible on smartphone type of devices with an adequate, valid Android or iOS system, which facilitates the download of 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 KRM System is the condition for its download and use.
2. Account Blockade – preventive measure consisting of preventing the use of KRM, 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 Koszaliński Rower Miejski /CC KRM – service launched by the Operator which ensures contact with the Operator by means of:
3.1 hotline available 24/7 at the following number: 94 721 42 22
3.2 electronic post at the address [email protected]
Information regarding CC operations are available on the website www.koszalinskirowermiejski.pl.
4. O-lock blockade – means of securing Bikes in the form integrated with “O” clamp frame the closing of which enables completion of Rental. Furthermore, the blockade also secures the Bike at the time of using Standstill 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 the vouchers are used in the first place, prior to the means paid in by the Client.
6. Price list and Table of Additional Fees – price list of KRM 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 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 Standstill is calculated into the Duration of Rental.
8. GPS – device mounted on the Bike, serving the function of monitoring the Bike’s location and positioning.
9. Client Identifier – individual number assigned to a Client, corresponding to the number of the mobile phone 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 KRM System, who has accepted the Terms of Service and carried out registration in the KRM System, thus concluding Agreement with the Operator.
11. Client Account/Account – personal Client Account created during registration for the purposes of using KRM 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 at , in accordance with 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 KRM Bike without bike rental registered on Client Account.
15. Operator – company Nextbike Polska S.A. under restructuring realizing the service of KRM maintenance with its registered 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 KRM 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.
17. Privacy Policy – separate document to the document of Terms of Service, which specifies the conditions for the processing of Client personal data by the Operator. Privacy Policy is available under the link www.koszalinskirowermiejski.pl/polityka-prywatnosci/
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. Standstill – function enabling parking of a Bike without having to return it. Standstill is available at the level of the Mobile Application.
20. Terms of Service-the hereby Terms of Service shall define the principles and conditions of availing of the KRM System, and in particular, conditions, scope of rights and obligations and responsibility of persons who avail of the possibility of renting bikes in the KRM System.
21. Reservation – function thanks to which the Customer can remotely reserve a Bike. Details of the Reservation are described in point VII. Rules and Regulations..
22. Standard Bike – basic type of bike made available within the KRM 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 200 cm tall. Bikes of this type have wheels with rims measuring 26 inches and their load capacity amounts up to 120 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. KRM Service – actions performed by the Operator in relation to the exploitation, repairs and maintenance of the KRM System.
25. KRM Station – place of Rental and Return of Bikes by Clients, marked with a KRM symbol, equipped in Terminal or Information Totem and bike stands, whilst the Bikes are parked (returned) by means of O-lock Blockades. Registration of a Customer Account is possible at a station equipped with a Terminal. Information about locations of the KRM Stations may be found on the internet website as well as in the Mobile Application.
26. User Zone – administrative borders of the city Koszalin.
27. Non-authorized Zone – places/areas in which the Client may travel by means of KRM Bikes, however, it is not allowed to Return the Bike within them. Above all, the Non-authorized Zone encompasses all water reservoirs, forest areas. Non-authorized Zone specified by the KRM Operator is available on the KRM website, Nextbike Mobile Application and CC KRM.
28. Website – internet website launched by the Operator, www.koszalinskirowermiejski.pl, which contains all necessary data for the commencement and subsequent use of the KRM System.
29. System of Koszaliński Rower Miejski /KRM System – system of Bike rental stations launched by the Operator which includes, in particular, Bikes, technical infrastructure, software and devices which enable Rental, Reservation, Standstill and Return of Bikes.
30. KRM Terminal/Terminal – a device intended, among others, for: registering the Customer in the KRM System, renting and returning Bikes.
31. Information Totem/Totem – an element of the KRM station containing information necessary to start and use the KRM.
32. 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 KRM 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.
33. Bike Rental/ Rental – unblocking of the Bike by means of Client Identifier or via another method as specified in Clause VI.5 in order to commence a journey. Rental process is specified in detail in Clause VIII. of the Terms of Service.
34. Bike Return/Return – returning the Bike to the KRM Station or outside of it through locking of the Bike’s O-lock Blockade. The process of Bike Return is specified in Clause XI of the Terms of Service. Use of the Standstill function is not understood as Bike Return.

III. General Principles of using the System of Koszaliński Rower Miejski.
1. The condition for use of the KRM 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 initial fee and clicking on the activation link. The condition for the use of KRM 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 are above 13 years of age but did not complete 18 years of age (further referred to as Minors) may avail of the KRM System subject to the consent of their Parent or Legal Guardian. Such 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 a minor is submitted to the Operator:
2.1 in the form of a scanned letter via electronic means to the address [email protected],
2.2 via registered letter sent to the address of the Operator,
2.3 submitted in person at the headquarters of the Operator.

The consent should include:
2.4 telephone number of the minor on which the Account is registered,
2.5 first name and surname of the parent or legal guardian,
2.6 consent for the use of the KRM System by the minor,
2.7 first name and surname of the minor,
2.8 date of birth of the minor,
2.9 handwritten signature of the parent or legal guardian,
2.10 date and place of granting the consent.
Sample consent may be found at www.koszalinskirowermiejski.pl
3. The Client may rent up to 4 Bikes simultaneously.
4. The use of Rented Bikes is permitted within the User Zone.
5. The use Bikes within the KRM 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.

IV. Responsibility and commitment
1. The Operator realizes services related to the maintenance of the KRM 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 Client 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 of the Operator, he shall be entitled to block the Client Account. Detailed conditions related to such blocking have been specified in Clause XIII of the hereby Terms of Service.
5. The User shall be obliged to protect the log in 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 by 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. 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 KRM 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 KRM 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 KRM Bikes by means of vehicles and other means of transport owned by private persons under penalty of a charge as set out in Appendix 1. This prohibition shall not apply to public transport in so far as the regulations of carriage allow it.
11. The use of any protection which is not a standard KRM 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 Bicycle in the course of Duration of Rental, the Client is obliged to notify the Customer Centre 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 is responsible for any potential theft or damage. In case of difficulties
with returning the bicycle, the Client is obliged to contact CC KRM.

V. Payments.
1. Fees within the KRM 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 KRM. The basis for calculating the fee for the use of a Bike is the Duration of Rental.
2. Payments for services and products offered within the KRM System may be conducted through:
2.1 the use of payment cards,
2.2 online payments available after logging in onto the website, to one’s Client Account,
2.3 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,
2.4 through authorizing the KRM 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 by e-mail 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 KRM 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 Operator realizes services related to the maintenance of KRM System and bears responsibility for its proper functioning.
8. Reimbursement of payments made for Rentals may be performed post termination of the Agreement.
During the term of Agreement with KRM Operator, payments for Rentals (top-up amounts) can be subject to reimbursements up to the minimum balance.
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 of the amount, validity period and the reason for awarding a Promotional Voucher are set out in the current promotional terms and conditions available on the Website.

VI. Registration.
1. A necessary condition for using the KRM System is prior registration of the Client in the System..
2. Registration can be done through:
2.1 Website,
2.2 Mobile application,
2.3 telephone contact with CC KRM.
2.4 Terminal at 5 stations.
3. During registration, in accordance with VI.2.1, VI. 2.2 and VI. 2.3, indication of the following personal data is required:
3.1 mobile phone number,
3.2 first name and surname,
3.3 contact address, that is city, street including flat/house number, postal code, country,
3.4 Email address,
3.5 PESEL number,
3.6 optionally – payment card number in case of payment with credit card with the possibility of charging it,
One ought to also indicate at least the information regarding Client’s acknowledgement and acceptance of the Terms of Service of KRM and the Privacy Policy of the Operator.
4. During registration at the Terminal indication of the following personal data is required:
4.1 mobile phone number,
4.2 first name and surname,
4.3 Email address,
4.4 optionally – payment card number in case of payment with credit card with the possibility of charging it
One ought to also indicate at least the information regarding Client’s acknowledgement and acceptance of the Terms of Service of KRM and the Privacy Policy of the Operator.
The customer is obliged to provide the remaining data no later than 24 hours after registration. If the data is not completed within this period, the account will be blocked. The account will be unblocked as soon as correct and complete data is provided.
5. 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 SMS 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 and in CC KRM.
6. 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.
7. The Customer Account shall acquire active status after the fulfilment of all below conditions:
7.1 All data required for successful registration have been entered on Client Account,
7.2 The Client has clicked on verification link,
7.3 The Client has made the initial fee payment,
7.4 the minimum balance is maintained,
7.5 in the case of minors, upon presentation of the consent of their parent or legal guardian.
8. Client Accounts that contain incorrect personal data without payment made may be automatically removed from the KRM base.

VII. Reservation
1. The User may reserve up to 4 Bikes at a time.
2. Reservations can be made via the Mobile Application.
3. Reservation is voluntary. The booked Bike waits for the User for a maximum of 10 minutes, after which the Booking is cancelled automatically. After the cancellation of the Booking the Bike is available for other Users.
4. The Operator allows the Customer to cancel the Reservation.

VIII. Rental.
5. Renting the Bike is possible after fulfilling the requirements specified in point VI.7.
6. KRM Bikes may be rented by means of:
6.1 Mobile Application,
6.2 Terminal, including by applying the RFID card assigned to the Account to the reader of the Terminal,
6.3 placing RFID card assigned to Client Account on the Bike’s reader,
6.4 telephone contact with CC KRM.
7. Bike Rental is possible at any KRM Station or outside of it.
8. 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 as well as the lights operate.
9. In case of noting during Bike Rental of any defects in the Bike, the Client is obliged to immediately report the problem to CC KRM or via Mobile Application and, provided that it is possible, to return the Bike to the closest possible Station.
10. In case when during rental of a 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 KRM of this fact no later than within 24 hours post the event.
11. It is recommended that the Client has a mobile phone with them through which connection may be made with CC KRM if necessary.
12. The Rented Bike may be used within the User Zone. In the course of rental, the User may cycle beyond the functional area of User Zone, however, he or she is obliged to return to it prior to completing Rental and return it within the area of User Zone, otherwise the User will be charged with a fee in accordance with Appendix no. 1.

IX. Duration of Rental
1. Duration of Rental of the Bike commences at the time of Bike release, in accordance with Clause VIII.2 of the Terms of Service as well as unlocking of O-lock Blockade. It ends at the time of Bike Return, in accordance with Clause XI.3 of the Terms of Service, thus, closing of O-lock Blockade. The use of Standstill 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 the fee 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).

X. Standstill.
1. The Operator allows the possibility of parking Bikes during Rentals through the function of Standstill. The use of Standstill function is equivalent to Bike Return.
2. Standstill function is available solely in the Mobile Application. After selecting it one must manually close the O-lock Blockade.
3. Duration of Standstill is calculated in the Duration of Rental.

XI. Return.
1. Returns of KRM Bikes are possible within the User Zone (subject to Clause II. 27.) via one of the following methods:
1.1 Standard Return – Bike Return at KRM Station, post Rental from a Station,
1.2 Premium Return – Bike Return at KRM Station, post Rental from outside a Station,
1.3 Paid Return – Bike Return outside of KRM Station but within the User Zone.
Premium amounts and fees for the manner of Return XI.1.2 and XI.1.3 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 locations that are not open to the public 24 hours a day, for instance, closed parking lots, 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:
4.1 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,
4.2 calculation of contractual penalty for loss, theft or damage of a Bike in accordance with Appendix no. 1 to the Terms of Service (depending on the type of Bike),
4.3 calculation of the fee for leaving the Bike (regardless of the type) in hardly accessible location in accordance with Appendix no. 1 to the Terms of Service,
4.4 charging the fee for abandoning the Bike (regardless of its type) outside of the User Zone, in accordance with Attachment No. 1 to the Terms of Service.
4.5 calculation of the fee for abandoning the Bike (regardless of its type) in Non-authorized Zone, in accordance with Appendix no. 1 to the Terms of Service,
Fees sum up.

XII. Failures and repairs
1. Any failures should be reported by phone to CC KRM 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 KRM by phone and, if possible, escort the Bike to the nearest KRM 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 KRM Service.
3. We recommend that the Client should be able to contact CC KRM at all times throughout Duration of Bike Rental.

XIII. Blockade of User Accounts.
1. The Operator reserves the right to temporarily block Client’s account in the KRM System in case of non-compliance with the conditions of KRM Bikes, specified in the hereby Terms of Service.
2. In particular, the account blockade may occur, when the Client:
2.1 failed to provide personal data specified in Clause VI of the Terms of Service,
2.2 uses the Bike not in compliance with its designation,
2.3 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.

XIV. Complaints
1. Complaint is an expression of discontent by a 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 a Client, the Operator will leave such submission unattended.
3. All complaints concerning the services provided on the basis of the Terms of Service may be submitted:
3.1 via electronic means to the email address indicated in Clause I.3,
3.2 via electronic means through the contact form available on the website,
3.3 through Mobile Application,
3.4 via telephone,
3.5 via registered letter to the postal address of the Operator indicated in Clause I.3,
3.6 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 obligations 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 KRM. The appeal ought to be submitted in one
of the following manners:
9.1 via electronic means to the email address indicated in Clause I.3,
9.2 via electronic means through the contact form available on the website,
9.3 via registered letter to the postal address of the Operator indicated in Clause I.3,
9.4 in person at the premises of the Operator.
10. The Client may:
10.1 refer the appeal against the Operator’s decision directly to CC within 14 days from the date of receipt of the response to the complaint,
10.2 launch court actions against the Operator before the relevant general court.

XV. Termination of Agreement
1. Withdrawal from Agreement:
1.1 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 a statement of withdrawal from the Agreement to the Operator.
1.2 The Client may withdraw from the Agreement by:
1.2.1 sending the Operator a statement of withdrawal from the Agreement to the e-mail address specified in Point I.3,
1.2.2 sending a written statement on withdrawal from the Agreement to the Operator by registered mail to the postal address specified in Clause I.3. For this purpose, the Client may use the withdrawal form contained in Annex 2 to the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2019, item 134 as amended), however, this is not obligatory.
1.3 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 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. Another solution ought to be indicated by the Client within the submitted declaration.
1.4 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
2.1 The Client has the right to terminate the Agreement. Termination may be submitted by the Client in the following manner:
2.1.1 via electronic means to the email address indicated in Clause I.3,
2.1.2 via electronic means through the contact form available on the website,
2.1.3 via registered letter to the address of the Operator indicated in Clause I.3,
2.1.4 in person at the premises of the Operator.
3. 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 KRM System shall be the result of Agreement termination.
4. 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.
5. 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. Another solution ought to be indicated by the Client within the submitted declaration. The termination of the Agreement takes effect immediately, within 14 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.
6. The Operator may terminate the Agreement subject to the 7-day notice period (seven days) in the event of occurrence of a significant cause, such as in particular: liquidation of the KRM System or ceasing of operations or change of the scope of KRM System operations.
7. 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.
8. The consequence of termination of Agreement shall be the liquidation of Client Account by the Operator.

 

XVI. Transitional provisions – concerning exclusively Accounts created before 14.05.2021
1. Pursuant to the introduction of changes in Clause II.16 of the Terms of Service, valid from 14.05.2021, 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 KRM.
3. In case of failure to execute the above specified top up payment, in line with the above provisions, the Operator reserves the right to apply Account Blockade on the basis of Clause XIII of the Terms of Service.
XVII. Final provisions
1. The acceptance of the hereby Terms of Service and Rental of a Bike indicates: a declaration of 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. The Operator is authorized to introduce changes to the Terms of Service effective in the future. The information regarding changes to the hereby Terms of Service will be sent to Client’s email address specified in the customer account. Lack of written information of lack of acceptance of the change to Terms of Service sent to CC KRM within 14 days from the day of its posting to the Client indicates acceptance of introduced changes within Terms of Service by the Client. Written information of the lack of acceptance by the Client of changes to the Terms of Service shall constitute termination of the Agreement 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 the foreign language version of the Terms of Service, the Polish version of the document shall prevail.

Appendix no. 1 Pricelist and Table of Additional Fees

Price list for Standard Bikes, Standard Bikes with Child Seat Gross value
 

Payment for rental

(Amounts from individual time ranges sum up)

 

 

 

 

from 1 to 20 minutes PLN 0
from 21 to 60 minutes PLN 1
second and each subsequent commenced hour PLN 2 /hour
Fee for exceeding the 12-hour limit of rental PLN 200
Fee for theft, loss or damage of:
Standard Bike PLN 3900
Standard Bike with Child Seat PLN 4500

 

Additional fees

Initial fee PLN 10
Bonus for escorting the Bike to KRM Station (Premium Return) PLN 2
Abandoning the Bike out of the KRM Station (Paid Return) PLN 10
Ride on a 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 User Zone 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.

Appendix no. 2 Rules for the use of the standard bicycle with a child seat.

1. The maximum weight of the bicycle fitted with a child seat must not exceed 114 kg.
2. The use of the bicycle equipped with a child seat is only possible under supervision of the child’s legal guardian, who has an account in KRM System. Legal guardian is obliged to properly secure the child in the seat in accordance with the instructions for use placed on the seat.
3. In case of doubts about the proper way to secure the child in the seat, the System User must contact the Customer Service by phone.
4. Bicycles equipped with a child seat are designed to carry children weighing between 9 kg and 22 kg who are able to sit unassisted for a prolonged period of time, at least as long as the intended journey on the Bicycle.
5. Before placing your child in the seat, make sure that the seat, the attachment mechanism to the Bike and the restraints designed to keep your child safe while riding are not damaged or loose and are securely fastened to the Bike. It is also advisable to check the temperature of the seat (for example, if it is too high due to direct sunlight). In case of any irregularities, in particular in case of a faulty seat or faulty mounting of the seat to the Bike, the User of the KRM System must notify the Operator via BOK and the use of the seat is prohibited.
6. The legal guardian takes full responsibility for the child during the rental of the Bike equipped with a child seat.
7. The child transported in the child seat should wear an appropriate safety helmet, adjusted to the size of the child’s head and properly fastened (not included in the Bike equipment). It is also advisable to protect the child from possible adverse weather conditions such as rain or excessive sunlight by appropriate clothing.
8. The child should be placed in the seat in a way that guarantees optimal comfort and safety during the ride, using elements limiting the child’s movements in the seat. It is recommended that the backrest is angled slightly backwards.
9. It is the responsibility of the user to make sure that the child carried is secured in a way that prevents the child from falling out while riding. If an accident occurs due to improper use of the restraint mechanism, you will be held responsible.
10. Before starting the ride you must ensure that:
a. there is no possibility that any part of the child’s body, clothing or safety features could come into contact with a moving part of the seat or the Bicycle,
b. the steering or balance necessary for safe movement on the Bicycle is not impaired by the added weight of the Bicycle,
c. the weight and dimensions of the child do not exceed the maximum load for the seat (this should also be checked while riding).
11. It is forbidden to make any modifications to the seat or to attach additional luggage to the seat with the child. Special care must be taken when riding the bike with a child in the child seat, bearing in mind that the bike may behave differently with regard to balance, steering and braking. In particular, you should adapt your speed to the limitations of travelling with an extra load on the Bike.
12. When using the Bicycle, you should always check that the rack with the seat fitted is functioning properly and that the reflectors on the rack/seat are not obscured by the child.
13. Special care must also be taken not to leave the Bicycle unattended with a child in the child seat.
14. Renting and returning the bike with a child seat is possible at any station or outside the Station.