Rules and regulations of the bicycle rental company

§1 Preliminary remarks

The Rules define the principles of using the services of the bicycle rental company "Rowerowy Rejs", in particular the principles of concluding bicycle rental agreements via the website and directly at the stationary point at ul. Willowa 5a, 82-120 Krynica Morska.

These regulations, which are an integral part of the rental agreement between the Client and the Rental Company (owner: ADAM MAZUROWSKI RYBOŁÓWSTWO - HANDEL RYBĄ, NIP: 5782960164, REGON: 366229390), is made available in accordance with the requirements of Article 8(1) of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344) and constitutes the fulfilment of the information obligation under Article 12(1) and Article 18 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287).

The provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of the Customer who is a Consumer or Entrepreneur on the rights of a Consumer to which they are entitled under generally applicable laws, including in particular the Civil Code and the Consumer Rights Act. In the event of any conflict between the provisions of these Terms and Conditions and such provisions, the overriding provisions shall apply.

Before making a reservation and renting a bicycle, the customer is obliged to familiarise himself/herself with the content of these Regulations. Making a reservation means acceptance of the provisions contained herein.

§2 Definitions

For the purposes of these Regulations, the following terms shall have the following meanings:

  • Website - internet service available at rowerowyrejs.pl, through which it is possible to make a booking of electric bicycles.
  • Rental - ADAM MAZUROWSKI RYBOŁÓWSTWO - HANDEL RYBĄ, with registered office at ul. Rybacka 38, 82-120 Krynica Morska, NIP: 5782960164, REGON: 366229390.
  • Bike - Storm E-diamond Deep 4.0 electric bike, available in the sizes and colours offered by Rental.
  • Customer - a natural or legal person who makes a reservation and/or uses the bicycle rental service, having full legal capacity.
  • Consumer - Customer who is a consumer within the meaning of Article 22¹ of the Civil Code.
  • Entrepreneur - Customer who is an entrepreneur within the meaning of Article 43¹ of the Civil Code.
  • Trader with consumer rights - a natural person who enters into a contract directly related to his/her business activity but not of a professional nature; the provisions concerning Consumers shall apply to him/her accordingly.
  • Booking - declaration by the customer of his/her intention to rent a bicycle, made via an online form, by telephone or in person.
  • Contract - the bicycle rental contract concluded between the Customer and the rental company in accordance with these Terms and Conditions.
  • Payment - the monetary payment made by the Client to the Rental Company in respect of a booking.
  • Przelewy24 - electronic payment system operated by PayPro S.A. with registered office in Poznań, ul. Kanclerska 15, KRS: 0000347935, NIP: 7792369887.
  • Working day - every day from Monday to Friday, excluding public holidays.

§3 Technical requirements

The customer is obliged to comply with standard security rules for the use of the network, including the protection of its equipment and data from unauthorised access.

In order to correctly book a bicycle via the rental website, it is necessary for the customer to have:

  • Internet-enabled devices (for computers - current version of web browser appropriate to the operating system; for mobile devices - pre-installed web browser or current version of browser application) with a minimum screen resolution of 1024 x 768 pixels,
  • an active electronic mail address (e-mail).

The customer may, but is not obliged to, create a user account on the rowerowyrejs.pl website in order to make a reservation or manage his/her rentals.

The rental company does not guarantee the correct operation of the website on devices that do not meet the above technical requirements.

Cookies may be stored on the Customer's device unless the Customer has blocked this functionality in his/her browser. They are only used for the proper functioning of the website and the handling of the booking process.

All data sent via the booking forms on the website is secured by SSL protocol, ensuring that it is encrypted and protected from unauthorised access.

§4 Terms and conditions for the use of the website and lending services

The rental company is not responsible for the consequences of incorrect or false contact details (such as e-mail address or telephone number) provided by the customer, which will prevent the service from being performed correctly.

The customer, by using the website of the lending company (www.rowerowyrejs.pl), has the opportunity to find out more about the bike rental service and to make a booking for an e-bike for a specific date.

The Client is obliged to provide only true, current and complete data in the booking forms and in correspondence with the Rental.

The Customer is prohibited from posting content via the Site:

  • vulgar, insulting or offensive to third parties,
  • unlawful content, including misleading content,
  • of a spamming or promotional nature (without the consent of the Lending Library),
  • containing viruses or files that may interfere with the operation of the Lending Library's IT systems.

In the event of a breach of the provisions of paragraphs 2 - 3 above, the Rental may temporarily block the Customer's ability to make reservations and, in extreme cases, completely prevent further use of the services. The Rental shall also have the right to inform the relevant law enforcement authorities and to claim compensation for damages.

The Rental Company may refuse to fulfil a booking or limit the availability of services in relation to a Customer who:

  • grossly violated the provisions of these Rules,
  • failed to pay the fees by the required deadline,
  • made a fictitious or false booking,
  • deliberately failed to collect the booked bicycle without prior contact and justification.

In the event that access to the services is blocked, the Customer may contact the Rental to clarify the situation and possibly restore the possibility of booking.

§5 Terms and conditions for the conclusion and execution of the rental agreement

Upon request, a VAT invoice will be issued and sent electronically to the e-mail address provided at the time of booking.

The customer can book the e-bike via the booking system available on the website www.rowerowyrejs.pl. Reservations are made through:

  • selection of a specific model and size of bicycle from those available,
  • specifying the date and time of the beginning and end of the rental,
  • filling in the booking form with your contact details,
  • making an online payment via the Przelewy24 system.

A confirmation of the booking is sent to the customer's e-mail address and contains the booking number, details of the selected bicycle, the date and time of the rental, and the rental company's contact details.

The rental contract is concluded as soon as the Customer has successfully made payment and received confirmation of the booking from the Rental Company.

Collection and return of the bicycle takes place exclusively at the stationary point of the Rental at 5a Willowa Street, 82-120 Krynica Morska, during the opening hours: 8:00-20:00, 7 days a week.

In order to collect the bicycle, the customer must present an identity document and provide the booking number.

All bicycles offered by the rental company are technically sound, ready to ride and covered by ongoing maintenance. Each customer receives a bicycle equipped with a protective helmet and reflective waistcoat - at no extra charge.

A successful booking is conditional on accepting these Terms and Conditions by ticking the appropriate box in the booking system and agreeing to the processing of personal data to the extent necessary to provide the service.

The customer is obliged to provide correct contact details (in particular e-mail address and telephone number). In the event that incorrect data is provided, the Rental Company is not responsible for the impossibility of providing the service.

In case of doubtful situations (e.g. regarding the customer's data, booking time or availability of the bike), the rental company reserves the right to contact the customer to clarify the matter before the final confirmation of the booking.

The client may cancel the booking no later than 24 hours before the scheduled rental start time. In this case, the full amount will be refunded to the Client's account within 7 working days.

In case of unavailability of the bicycle for reasons beyond the control of the rental company, the customer has the right to a refund of the paid fee or to an offer of a replacement bicycle of similar parameters and value.

The Rental reserves the right to organise promotions and discount actions. Detailed rules of a given promotion are specified in a separate promotion regulation published on the website.

§6 Service prices and payment terms

All prices of bicycle rental services quoted by the Rental are expressed in Polish zloty (PLN) and include VAT.

The prices valid at the time of booking are binding for both parties - even if they change after payment.

The final price of the service depends on the total rental time and the number of bikes booked, according to the price list below:

Rental price list (per 1 bicycle):

  • 1-2 hours - 40 zł / hour
  • 3 hours - PLN 100
  • 4 hours - 115 zł
  • 5 hours - PLN 130
  • 6-12 hours - PLN 140
  • Day (24 hours) - PLN 140

Information about possible promotions, discounts or special offers will be published on the Rental's website and shall only be valid during the specified period and under the conditions indicated in the separate promotion regulations.

As part of each booking, the customer receives at no extra charge:

  • protective helmet,
  • reflective waistcoat.

Bicycle hire does not require a deposit.

The bicycles are not delivered to the customer. Collection and return only takes place in person at the rental outlet:
5a Willowa Street, 82-120 Krynica Morska, during the operating hours of the lending library (8:00 am - 8:00 pm).

§7 Making payments

In the event of cancellation in accordance with the terms of §5, funds will be refunded to the Customer using the same method of payment used for the booking.

Payment for bike rental is made only in advance - at the time of making the reservation - via the payment system Przelewy24, operated by PayPro Spółka Akcyjna with its registered seat in Poznań.

The rental company accepts the following payment methods made available in the Przelewy24 system:

  • payment by payment card (Visa, MasterCard),
  • BLIK payment,
  • rapid electronic transfer (online),
  • other methods available at the time of payment as provided by Przelewy24.

The booking is considered effective only after successful completion of the payment process and its authorisation by the Przelewy24 operator. In the absence of payment confirmation, the booking will not be accepted.

When making payments, the customer is obliged to use only authorised, secure payment channels and to take precautions to prevent unauthorised access to their financial data.

Card payments are authorised when the Przelewy24 system confirms the validity of the card and the availability of funds on the customer's account.

In the case of a BLIK payment or electronic transfer, the customer is automatically redirected to his or her bank's website, where he or she completes the transaction in accordance with the internal security features of the banking system.

The rental company does not accept cash payments or payments at bike pick-up. All charges must be paid in advance in a non-cash form using the Przelewy24 system.

§8 Protection of personal data

The administrator of personal data of customers using the services of the bike rental company "Rowerowy Rejs" is ADAM MAZUROWSKI RYBOŁÓWSTWO - HANDEL RYBĄ, with its registered office at ul. Rybacka 38, 82-120 Krynica Morska, NIP: 5782960164, REGON: 366229390 (hereinafter: "Administrator").

Customers' personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. (RODO), exclusively to the extent necessary for:

  • The performance of the bicycle rental contract (Article 6(1)(b) RODO),
  • to comply with legal obligations incumbent on the Administrator (Article 6(1)(c) of the DPA),
  • to assert and defend the Administrator's rights (Article 6(1)(f) RODO),
  • the sending of marketing information, where separate consent has been given (Article 6(1)(a) or (f) RODO).

The Customer may contact the Controller on matters related to data protection:

  • by post: ul. Rybacka 38, 82-120 Krynica Morska,
  • By e-mail: kontakt@rowerowyrejs.pl.

The recipients of the data can only be trusted partners and entities cooperating with the Administrator, such as:

  • IT and software service providers (including a reservation system),
  • accounting office,
  • law firms (in the event of a claim),
  • marketing service providers (if the customer has agreed to the newsletter).

Personal data will be stored for:

  • the time required for the execution of the rental and any claims (up to 6 years),
  • in the case of processing for marketing purposes, until you withdraw your consent or object,
  • longer only if required by law.

The customer has rights:

  • access to data,
  • their rectification,
  • deletion ("right to be forgotten"),
  • limitation of processing,
  • data portability,
  • to object to the processing,
  • lodge a complaint with the President of UODO,
  • to withdraw consent at any time (if the processing was based on consent).

The provision of personal data is voluntary, but necessary for the conclusion and execution of the rental contract. Refusal to provide them results in the impossibility of providing the service.

The customer can subscribe to the newsletter by providing an email address on the website or by indicating the relevant consent on the booking form. Consent can be withdrawn at any time.

All data transmissions in the booking system and via forms on the website are secured using an encrypted SSL connection.

§9 Complaints

The personal data processed in connection with the complaint process are protected in accordance with §8 of these Terms and Conditions and used exclusively for the purpose of handling the complaint.

The hire company is obliged to ensure that the electric bicycle made available to the customer is technically sound, safe for use and in accordance with the description in the booking system at the time of its release to the customer.

The customer is entitled to lodge a complaint in the event of:

  • technical defects of the bicycle which make its safe use impossible,
  • non-conformity of the bicycle with the reservation (e.g. different model or size),
  • improper performance of the service by the Rental Company.

A complaint can be made:

  • by e-mail to: kontakt@rowerowyrejs.pl,
  • in writing to the address: 38 Rybacka Street, 82-120 Krynica Morska.

In the complaint, the customer should state: name, booking number, date of rental, description of the problem and the expected solution.

In order for a complaint to be processed, the customer must indicate the booking number or provide other proof of service.

If the complaint is found to be valid, the Lending Company may:

  • reduce the price of the service,
  • offer to provide the service again at no extra cost,
  • make a full or partial refund.

The rental company will consider the complaint within no more than 14 calendar days from the date of receipt. The Customer will be informed of the decision in a manner consistent with the complaint (by email or letter).

If the complaint is found to be incomplete, the Rental Company will contact the Customer to complete the complaint. The time limit for processing the complaint runs from the date of completion.

A complaint is not entitled in the case of damage which is the fault of the customer, resulting from use of the bicycle contrary to the regulations (e.g. riding on the beach) or without care.

§10 Withdrawal from the rental contract

In the event that the Client has requested the service before the end of the cancellation period and the service has commenced and the Client has subsequently withdrawn from the contract - the Rental Company has the right to deduct a proportionate amount for the part of the service actually provided.

The customer, who is a Consumer or Entrepreneur with consumer rights and who has concluded the rental contract remotely (e.g. via a website), has the right to withdraw from the contract without stating a reason, within 14 days from the conclusion of the contract, provided that the rental has not yet been completed (i.e. the bicycle has not been collected).

To exercise the right of withdrawal, the Customer must make an unequivocal declaration of withdrawal - e.g. in writing or electronically - and send it:

  • By e-mail to: kontakt@rowerowyrejs.pl,
  • or by post to the address: 38 Rybacka Street, 82-120 Krynica Morska.

Sending the declaration before the deadline is sufficient to comply with it.

The right of withdrawal does not apply if the customer has started using the service - i.e. picked up the bicycle at the agreed time and started the rental period, which, according to Article 38(1) of the Consumer Rights Act, excludes the possibility to withdraw.

The customer may use the optional withdrawal form available on the Rental website, but this is not obligatory.

In the event of an effective cancellation, the Lending Company will refund the full amount paid by the Customer within a maximum of 14 days of receipt of the cancellation notice. Reimbursement will be made using the same method of payment used by the Customer, unless the Customer agrees to a different, cost-free method of reimbursement.

§11 Methods of dealing with disputes

In matters of dispute, you can contact the Lender by email at: kontakt@rowerowyrejs.pl

All disputes between the Customer and the Rental resulting from the concluded bicycle rental agreement will be settled by a common court of law having jurisdiction in accordance with the provisions of the Civil Procedure Code.

The customer, who is a Consumer, has the right to make use of out-of-court dispute resolution, and in particular may:

  • apply to the permanent amicable consumer court at the regional inspectorate of the Trade Inspection to resolve the dispute,
  • apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings,
  • use the assistance of the municipal or district consumer ombudsman, as well as social organisations whose statutory aim is to protect consumers (e.g. Federation of Consumers, Association of Polish Consumers).

Detailed information about the possibility to use out-of-court complaint handling and the rules of access to these procedures is available on the website of the Office of Competition and Consumer Protection (OCCP):
👉 https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

A customer who is a Consumer can also use the ODR (Online Dispute Resolution) platform operated by the European Commission at:
👉 https://ec.europa.eu/consumers/odr
The ODR platform enables independent, impartial and effective online dispute resolution between consumers and traders for services concluded online.

The use of out-of-court dispute resolution is possible after completion of the complaint procedure and requires the agreement of both parties to the dispute.

§12 Final provisions

The amended Rules of Procedure will be made available on the following website www.rowerowyrejs.pl. Contracts concluded before the date of entry into force of the new Rules shall be governed by the version in force on the date of conclusion of the contract in question.

In matters not covered by these Terms and Conditions, the provisions of Polish law, in particular the Civil Code and the Consumer Rights Act of 30 May 2014 shall apply.

Any disputes arising between the Client and the Rental in connection with the concluded rental agreement shall be settled by the competent common court in accordance with the provisions of the Civil Procedure Code.

A Customer who is a Consumer may make use of out-of-court ways of dealing with complaints and claims - details of these procedures are indicated in §11 of these Regulations.

The rental company recalls that it can be contacted by email:
kontakt@rowerowyrejs.pl

The customer is obliged to use the bicycle in a manner consistent with its intended use and safety rules. In case of damage caused by the customer (e.g. damage to the bicycle, unauthorised riding on the beach), the Rental reserves the right to claim compensation.

The Rental reserves the right to amend these Regulations in the event of:

  • changes in legislation,
  • organisational changes in the way services are provided,
  • the introduction of new functionalities, including booking and payment systems.