REGULATIONS FOR THE URBAN BICYCLE SYSTEM PŁOCKI ROWER MIEJSKI (PRM)

  1. PRELIMINARY PROVISIONS
    1. These Rules define the conditions and principles for the use of the PŁOCKI ROWER MIEJSKI PRM city bike system in Płock by the Customers, which operates in the area designated by the Municipality - City of Płock, pl. Stary Rynek 1, 09-400 Płock according to Appendix No. 1 to the Rules.
    2. These Terms and Conditions are available on the website https://plock.bike and on the dedicated ROOVEE app.
    3. ROWER MIEJSKI PRM is ROOVEE S.A, with registered office in Warsaw, ul. Ryżowa 33a/7, 02-495 Warsaw (hereinafter referred to as: "Operator"). The Operator performs services related to the operation of the PRM system in the city of Płock. The Operator may be contacted through a dedicated customer service office available by telephone at 22 300 51 19, by e-mail at: bok@roovee.eu and in the mobile application.
    4. By using the PŁOCKI ROWER MIEJSKI PRM urban bicycle system the Customer confirms that he/she is familiar with the content of the Rules and accepts its provisions and undertakes to comply with them.
  2. DEFINITIONS
    1. PŁOCKI ROWER MIEJSKI PRM system - self-service bicycle rental system consisting of̨ bicycles, software, PRM station areas, ROOVEE mobile application and ROOVEE LOCK CONTROL.
    2. Mobile application - an application distributed by ROOVEE S.A., which is a digital Content, designed to be installed on mobile devices with Android, iOS or HarmonyOS system allowing, among others, to rent and return the bicycle and to make the payment for the rental/trip according to the Table of Fees and Penalties, which is enclosed as Attachment No. 2 to the Rules.
    3. Electronic address (email address) - a designation of an ICT system that enables communication by electronic means, in particular email.
    4. Update - means an update to a digital service or digital content.
    5. ROOVEE's Customer Service Office or BOK - a service for receiving requests regarding the PRM system, by telephone at 22 300 51 19, 7 days a week 24 hours a day (during the PRM system operation period), and by email at: bok@roovee.eu or via the mobile application.
    6. Bonus - an amount determined according to the Table of Charges and Penalties, which is charged automatically after the trip in the application when renting a bicycle which is not in the return zone and returning it to the return station (completion of the trip). The bonus can only be used for PRM bike rides, no other equivalent (including cash) is available.
    7. Riding/rental time - time counted from the moment of rental to the moment of return of the PRM bicycle.
    8. Working days - days from Monday to Friday excluding public holidays.
    9. Safeguarding activities - all actions that are taken with respect to the Client in the event of a breach of the provisions of the PRM System Terms and Conditions. Such measures may include, in particular, suspension of the Client's account, contacting the Client, requesting the Client to settle the amount due in a situation where the funds in the Client's Account do not allow for covering the costs incurred as a result of the Client's use of the System. If the Customer does not voluntarily settle the amount due, it will also be enforced. All cases of theft and destruction of PRM System property will also be reported to the competent authorities.
    10. Customer ID - A personal set of characters in numerical form, which is also the telephone number given during registration. The identifier is necessary when authorising the rental and return of the bicycle and when contacting the Customer Service.
    11. Consumer - means a natural person making a legal transaction with the Operator which is not directly related to his/her economic or professional activity
    12. Client - a natural person with limited or full legal capacity who intends to or has concluded an agreement for the provision of electronic services or an agreement for the use of the PRM system.
    13. Highway Code - means the Road Traffic Act of 20 June 1997 (Journal of Laws 1997 No. 98 item 602).
    14. Materials - Digital Content and Digital Services to the extent of the description provided in the Mobile Application. The Digital Services will also constitute electronic services within the meaning of the e.m.d.e.
    15. Initial deposit - a one-time deposit allowing the use of the PŁOCKI ROWER MIEJSKI PRM system. The minimum balance of funds on the account is specified in the Table of Fees and Penalties. The initial payment less the funds used can be withdrawn to your account at any time during the use of the service.
    16. PRM system operation area - the designated area where the PŁOCKI ROWER MIEJSKI PRM system operates. The Customer can get acquainted with the designated area in the mobile application and on the website https://plock.bike.
    17. PŁOCKI ROWER MIEJSKI PRM station area - a designated and marked area where the user can rent or return a rented bicycle. Information about the bicycle stations can be found in Appendix 1, the ROOVEE Mobile Application and at https://plock.bike.
    18. Operator - ROOVEE S.A., ul. Ryżowa 33A/7, 02-495 Warsaw.
    19. Fee paid - the fee which has been charged for the rental of the bicycle in accordance with the Table of Fees and Penalties and collected from the customer's account.
    20. Handling fee - a fee, which is charged at the time of incurring additional costs related to the incorrect return of the bicycle by the customer, which is calculated according to the Table of charges and penalties, from which the customer is entitled to submit a complaint.
    21. Additional Charge - a charge levied at the time of ascertaining the occurrence of actions inconsistent with the Rules of the PŁOCKI ROWER MIEJSKI PRM system or the Rules of ROOVEE (which can be found at https://plock.bike) in accordance with the Table of Charges and Penalties, including leaving the bicycle in an unauthorised place, destruction or theft of the bicycle or any part of the infrastructure belonging to the Municipality - City of Płock, pl. Stary Rynek 1, 09-400 Płock . The Customer has the right to lodge a complaint against the charging of the Additional Charge.
    22. Online payment Autopay - Autopay payment system, by means of which the Customer can make payments in the PŁOCKI ROWER MIEJSKI PRM system. The operator of the Autopay system is Autopay S.A. with its seat in Sopot, 81-717 Sopot, ul. Powstańców Warszawy 6, registered in the register of entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, VIII Economic Division of the National Court Register under KRS no. 0000320590, NIP no.: 585-13-51-185, REGON no.: 191781561.
    23. Stop/pause - stopping the journey in the Mobile Application by the PRM user and by manually closing ROOVEE LOCK CONTROL.
    24. Client account - the individual account of the Client in the PRM system, where credit operations and debits for the use of the system are made in accordance with the Table of Fees and Penalties.
    25. Regulations - these Regulations, which define the types, scope, principles and conditions of using the PRM system in Plock, as well as the scope of rights, obligations and possible liability of the Operator and the Customer. Acceptance of these Rules and fulfilment of all conditions is a prerequisite for the use of the PRM system in Płock (including PRM bicycle rental) and is also a necessary condition in the process of registration in the PRM system. The Customer concludes the contract with the Operator upon the acceptance of the Regulations and fulfilment of additional conditions specified in the Regulations.
    26. Reservation - reservation of a selected PRM bicycle available in the Mobile Application by the Customer pursuant to the principles specified in section VIII, paragraph 12 of the Rules.
    27. RODO - means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 (OJ EU L of 4 May 2016,
    28. ROOVEE LOCK CONTROL - bicycle security device (equipped with ROOVEE electronic module) implementing the process of: renting and returning the bicycle, controlling the lighting on the bicycle, and monitoring the position of the bicycle (GPS, accelerometer).
    29. PNPK - means a natural person, running a sole proprietorship, concluding a direct contract with the Operator, when its content shows that it does not have a professional character for him/her, resulting in particular from the subject of the performed business activity made available on the basis of the provisions on the Central Register and Information on Business Activity;
    30. Bicycle return zone - the preferred location for returning bicycles designated by the Customer can be consulted on the mobile application and on the website https://plock.bike.
    31. Rack - a component of a PRM station, used to park PRM bicycles.
    32. Means of electronic communication - technical solutions, including ICT devices and associated software tools, that enable individual communication at a distance using data transmission between ICT systems, in particular electronic mail
    33. Information and communication systems - means a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data via telecommunication networks by means of a telecommunication terminal device appropriate for a given type of network, within the meaning of the Act of 16 July 2004, - Telecommunications Law;
    34. Table of Fees and Penalties - the price list of services, fees and penalties of the PRM System applicable to the Customer, which is attached as Annex 2 to the Regulations and available on the website https://plock.bike.
    35. Telecode - a four-digit number that allows you to rent a bike without using the Mobile Application.
    36. Information totem - part of the PRM station.
    37. Digital Content or Digital Content - data produced and delivered in digital form.
    38. Agreement - agreement concluded between the Customer and the Operator of the PŁOCKI ROWER MIEJSKI PRM system, establishing mutual rights and obligations set out in the Regulations. The Agreement with the content encompassing the provisions of the Regulations is automatically concluded upon the Client's registration in the PRM system and subject to the Client's declaration of acceptance of the Regulations and payment of the initial fee.
    39. Electronic Services Agreement - an agreement pursuant to which the Operator provides Electronic Services to the Customer.
    40. Digital Service or Digital Services - a service that allows the customer to produce, store or access digital data and otherwise interact using digital data
    41. u.p.k. -means the Consumer Rights Act of 30 May 2014,
    42. Electronic Services - means the free electronic services provided by the Operator to the Customer, in particular:
      1. account service in the Mobile Application;
      2. services ensuring the functioning of PRM
    43. u.ś.u.d.e - means the Act on Provision of Electronic Services of 18 July 2002,
    44. Bicycle rental - an operation carried out via the Mobile Application available for download at https://plock.bike using the QR code found on the bicycle, by means of a Telecode, or by SMS for a fee in accordance with the Table of charges and penalties.
    45. The rental is terminated by manually closing ROOVEE LOCK CONTROL and terminating the ride in the app or, in the case of a rental made by Telecode or SMS, contacting the ROOVEE BOK to confirm the correct termination. The termination of the ride must be done in a public place that is accessible to the public, excluding underground car parks, garages, cellars, tunnels, buildings, forests, parks, other areas that are closed and private properties, in the area of operation of PŁOCKI ROWER MIEJSKI PRM.
    46. Contracting Authority - Municipality - City of Płock, pl. Stary Rynek 1, 09-400 Płock
    47. Return of the bicycle outside the station area - return of the bicycle outside the designated areas of the PRM stations, in a public place, accessible to the public with the exclusion of underground car parks, garages, basements, tunnels, buildings, forests, parks, other areas which are closed and not accessible to the public and private properties, in the area of operation of the PŁOCKI ROWER MIEJSKI PRM.
    48. Return of the bicycle in the area at the station - return of the bicycle in one of the designated areas, i.e.: the station area or in the PRM bicycle return area while observing the requirements Completion of the rental in a public place, excluding the locations of: underground car parks, garages, cellars, tunnels, buildings, forests, parks, other areas which are closed and not accessible to the public and private properties, in the area of operation of the PŁOCKI ROWER MIEJSKI PRM.
  3. GENERAL CONDITIONS OF USING THE PŁOCKI ROWER MIEJSKI PRM SYSTEM
    1. The Operator enables the Customer to use the Materials via the Mobile Application.
    2. Before concluding the Agreement and the Electronic Services Agreement, the Customer is obliged to read the Terms and Conditions.
    3. The Operator has made the Terms and Conditions available to Customers free of charge in the Mobile Application and on https://plock.bike in a manner that enables the content of the Terms and Conditions to be obtained, reproduced and recorded by means of the ICT system used by the Customer.
    4. In accordance with art. 6 pt. 1 of the a.m.d.e., the Operator informs that the use of services provided electronically may involve particular risks related to the possibility of loss of availability, confidentiality or integrity of data. In order to minimise the aforementioned risk, the Operator recommends that the Customers use organisational and technical measures that are adequate to the identified risks, in particular anti-virus software or software protecting identification on the Internet.
    5. In order to conclude the Contract, the Customer is obliged to provide true and complete personal data.
  4. TECHNICAL CONDITIONS
    1. In order to use the PRM via the Mobile Application, the Customer should fulfil the following technical conditions together:
      1. having a phone with permanent access to the Internet; equipped with the Android, iOS or HarmonyOS operating system in the version specified in the shop for the operating system;
      2. installation, on the device referred to in point a), of the Mobile Application
      3. to have an active electronic address (email address) during the period of conclusion and performance of the Agreement or the Agreement for the Provision of Electronic Services to be able to receive and send messages by means of electrical communication in the form of electronic mail;
      4. having an active mobile telephone number during the period of conclusion and performance of the Agreement or the Electronic Services Agreement;
    2. The operator provides the latest version of the Mobile Application on the Android, iOS and HadmonyOS operating systems so that the application works correctly, the latest available version must always be installed.
    3. When registering and using the PRM, the Customer is obliged to keep the password and login secret and not to make them available to third parties.
  5. CONCLUSION OF THE CONTRACT
    1. The conclusion of the Agreement requires that the following requirements are met by the Customer:
      1. downloading the Mobile Application and registering an account;
      2. completing registration in the PRM system via the Mobile Application or the website https://plock.bike;
      3. to provide the required and correct personal data, i.e. your real name, e-mail address and mobile phone number for further authorisation;
      4. acceptance of the conditions set out in the Terms and Conditions;
      5. payment of the initial fee indicated in the Table of Fees and Penalties;
      6. having the ability to ride a bicycle.
    2. The Contract shall be concluded when all the conditions set out in paragraph 1 above have been fulfilled together.
    3. In order to access the Materials or the System, it is necessary to have an account.
    4. If the Customer provides incorrect data, the Operator may block the Customer's account, which will make it impossible to use the PRM system.
  6. CONCLUSION OF THE E-SERVICE CONTRACT
    1. In order to conclude an Electronic Services Agreement, it is necessary for the Buyer to fulfil the following conditions together:
      1. acceptance of the Rules of Procedure;
      2. use of the Account service
      3. use of the Mobile Application
    2. The conclusion of the Agreement for the provision of Electronic Services shall take place upon the creation of an account.
    3. The Agreement for the Provision of Electronic Services shall expire:
      1. in relation to the Electronic Services provided in order to ensure the functioning of the Mobile Application as soon as the use of the Electronic Services is discontinued, e.g. by uninstalling the Mobile Application;
      2. in relation to an Electronic Account Service, upon deletion of the account (where possible).
    4. ELECTRONIC SERVICES
      1. The Operator provides an Electronic Service to the Customer for the operation of an "account".
      2. The Customer can independently create an account in the Mobile Application during registration. The Customer will receive a first password from the Operator at the email address provided, which must be changed immediately upon receipt.
      3. The Operator shall take steps to ensure the proper operation of the PRM and the Mobile Application, the Customer shall immediately inform the Operator of any malfunction of the PRM and the Mobile Application
      4. The Operator may carry out technical, maintenance and development work on the Website, in particular adding, changing or deleting functionality of the PRM and the Mobile Application.
    5. GENERAL CONDITIONS FOR RENTING BICYCLES IN PRM
      1. The customer rents the bicycle from the OPERATOR on the terms and conditions specified in the Rules. The customer undertakes to abide by the terms and conditions of the Regulations, in particular to pay the fees in accordance with the Table of Fees and Penalties, to use the bicycle in accordance with these Regulations and to report defects via the application or by e-mail at bok@roovee.eu.
      2. In order to use the PRM the customer should have the skills to ride a bike and should be familiar with the provisions of the Highway Code as far as cycling is concerned and should be in a state of health which allows for safe use of a bike.
      3. From the time of hire of the bicycle until the end of the rental, the customer is solely responsible for the bicycle.
      4. In the case of a theft of the bicycle during the rental, the customer is obliged to immediately notify the Customer Service at 22 300 51 19 and to immediately report this fact to the nearest police or municipal police unit.
      5. In the event of improper security of the rented bicycle, the Customer shall be financially responsible for its theft, in particular if he/she fails to lock the ROOVEE LOCK CONTROL manually or if he/she leaves the bicycle in underground car parks, garages, cellars, tunnels, buildings, forests, parks, other areas which are locked and inaccessible to the public and private properties, in the area of operation of the PŁOCKI ROWER MIEJSKI PRM.
      6. The customer may rent a maximum of 5 bikes at the same time. If the customer rents 5 bicycles, he shall be fully responsible for all the bicycles he rents.
      7. The OPERATOR allows the customer to mount his/her own bicycle seat to the PRM bicycle. The customer bears the sole responsibility for mounting and any possible damage resulting from the mounting and use of the bike seat. Before mounting the bicycle the customer should carefully check the technical condition of the bicycle, in particular the SEAT ON WHICH THE SEAT IS MOUNTED.
      8. Minors, i.e. persons who are at least 13 years of age and under 18 years of age or other persons who have limited legal capacity, must provide the Operator with a written consent̨ of a parent (legal guardian) or statutory representative to enter into the Agreement, together with the relevant declaration constituting Appendix 3 to the Terms and Conditions on assuming liability for any damage, in particular in connection with non-performance or improper performance of the Agreement. Both the consent and the statements must contain the handwritten signature of the person making the relevant statements and contact details of the parent/legal guardian, including a telephone number. The Operator reserves the right to verify the statements, including contacting the persons signing the document. The declaration must be delivered in electronic form (scan) to the following address: bok@roovee.eu. Upon positive verification, the Agreement is deemed to have been concluded and from that time the minor has access to the Mobile Application and may use its functionalities.
      9. Operator shall not be liable for the provision of false data by
        personswith limited legal capacity.
      10. The customer may use the rented bicycle in the area of the City of Plock within a defined area, which is specified in Appendix No. 1 to these Regulations. The area can also be consulted on the website https://plock.bike and in the mobile application.
      11. The stop/pause is included in the rental time and is added to the final charge according to the Table of Fees and Penalties.
      12. Booking a bicycle is voluntary and allows the customer to reserve the bicycle of his/her choice. The reservation lasts 10 minutes and is not included in the rental time of the bicycle. If the bicycle is not rented within 10 minutes of the booking, the booking is released automatically. The reservation is free of charge. The system operator may limit the number of reservations made in a row and also introduce a time after the end of the reservation, during which it will not be possible to start a new reservation.
      13. If it is found that the Client uses the PRM infrastructure in a manner inconsistent with the Rules, the Operator may block his/her account. In such a situation, re-registration may be made only with the Operator's prior consent.
      14. The Operator reserves the right to contact the Customer for the purpose of fulfilling the Contract.
    6. CUSTOMER LIABILITY AND PROHIBITED CONDUCT
      1. The customer is responsible for using the bicycle in accordance with the Terms and Conditions, the intended use of the bicycle and the Highway Code.
      2. The customer is obliged to use the bicycles and the application in a manner consistent with their intended use, without interfering with its operation, respecting the personal rights of third parties, and to use any services made available via the Mobile Application only within the scope of permitted use.
      3. From the moment the bicycle is rented until the bicycle is properly terminated, the customer is responsible for the bicycle and is obliged to take all reasonable measures to prevent any damage, total destruction and theft of the bicycle.
      4. After renting the bicycle, the customer is obliged to verify the technical condition of the bicycle, in case of finding any damage on the bicycle he/she should immediately report the damage via the Mobile Application using the option Report bike damage and withdraw from the ride and the rental of the damaged bicycle. In the case of the Customer's failure to verify the technical condition of the rented bicycle, the Operator is released from any liability for damages incurred by the Customer to the fullest extent permissible within the limits of the applicable law.
      5. In the event of a malfunction while using the bicycle, the Customer is obliged to report this fact to the ROOVEE Customer Service as soon as possible and return the bicycle in the PRM Station Area, and in the event that it is not possible to continue the ride, to stop further use of the bicycle and to return the bicycle at the nearest available place complying with the rules for termination of the rental and return of the bicycle outside the area.
      6. It is forbidden to use bicycles in a manner incompatible with their intended use, in particular:
        1. exceeding the front basket load capacity
        2. exceeding the load capacity of seats over 22 kg
        3. use of the bicycle for more than the number of persons allowed on the bicycle, the value of which is indicated for the respective type of bicycle
        4. driving a speeding bicycle up high kerbs,
        5. use of bicycles outside places of bicycle traffic, including skateparks,
        6. competitive riding, performing bicycle stunts,
        7. use of the bicycle in areas with a risk of damage,
        8. changing derailleur gears on a bicycle when standing and in motion with the chain tensioned,
        9. exceed the load capacity of the luggage carrier of all types of bicycles indicated in the Terms of Use;

        Additional penalties will be charged for using the bicycles in a manner inconsistent with their intended use in accordance with the Table of Fees and Penalties - appendix no. 2 to the Rules.

      7. It is forbidden to use the bikes of the PRM system by persons under the influence of alcohol, intoxicants, any psychoactive substances or substitutes within the meaning of regulations on counteracting drug addiction, medicines the intake of which constitutes a contraindication to driving.
      8. The customer may only use the PRM bikes for private use.
      9. The customer is not allowed to transport bicycles in cars or other means of transport, whether public or private.
      10. During the rental, the customer bears full responsibility for the bicycles lent or made available to third parties, in particular for any damage and theft, until the rental is correctly terminated.
      11. It is prohibited for the Customer to use private security devices (e.g. rope, chain, U-lock, combination locks) that are not part of the PŁOCKI ROWER MIEJSKI PRM system. The Operator reserves the right to remove the private security devices used by the Customer, in which case an additional fee may be charged in accordance with the Table of Charges and Penalties constituting Appendix No. 2 to the Regulations.
      12. The customer is obliged to return the rented bicycle in a condition not deteriorated from the condition in which he/she decided to rent the bicycle.
      13. In the event of any problems returning the bicycle, the customer must contact Customer Service immediately.
      14. In the event of an incorrect return, in particular by not locking the ROOVEE LOCK CONTROL or by returning the bicycle in an unauthorised place, the customer will be charged for any further rental and will be held fully responsible for the theft or damage to the bicycle.
      15. The Customer shall be liable for any potential damage resulting from the non-performance or improper performance of the Contract up to the full amount.
      16. The customer is obliged to cover all fines, penalties and fees imposed on him/her in connection with the use of the bicycle contrary to the applicable legislation and the Rules.
      17. In case of damage or destruction of the PRM infrastructure (bicycles, stands, information boards) the Customer will be obliged to cover all repair costs. The Customer will be issued a bill or VAT invoice for the relevant repair in accordance with the Table of Charges and Penalties. The Customer agrees to charge money to cover the damage from his/her available funds in the Mobile Application.
      18. In the event that intentional damage or destruction of the PRM system infrastructure is committed, a report will be made to the law enforcement authorities and the person who committed the damage will be liable to pay all costs for the damage or destruction committed.
      19. In the event of non-payment of the amount due, the Operator reserves the right to take appropriate legal action against the Customer to obtain payment for the Agreement performed, resulting in the blocking of the Account until the amount due is paid. The Operator has the right to charge statutory interest for late payment on overdue amounts from the due date until the date of actual payment in full.
    7. METHODS OF PAYMENT
      1. The fees to be paid by the Customer to the Operator for the performance of the Agreement are set out in the Table of Fees and Penalties.
      2. Payments for the use of the PRM system are madę using Autopay Online Payments.
      3. The client pays the initial fee and any fees under the Table of Fees and Penalties via the wallet module in the app.
      4. When making a payment, the Customer shall read and accept the terms and conditions relating to Autopay's Online Payment function.
      5. Any claims and complaints of the Customers relating to the provision of payment services or the operation of the system shall be addressed to the service provider of the system-AUTOPAY S.A. with its registered office in Sopot, 81-717 Sopot ul. Powstańców Warszawy 6, registered in the register of entrepreneurs kept at the District Court Gdańsk-Północ in Gdańsk, VIII Commercial Division of the National Court Register under KRS no. 0000320590, NIP no.: 585-13-51-185, REGON no.: 191781561, share capital 2 000 000 zł.
      6. At the request of the Customer, the Operator will issue a VAT invoice to the Customer, if the Customer wishes to receive an invoice, he should contact the e-mail address bok@roovee.eu.
    8. RENTAL AND RETURN OF THE BICYCLE
      1. Bicycle rental is possible if the customer has an active account and has made an initial payment of PLN 10.
      2. The rental time including Standstill/Pause will be charged according to the Table of Charges and Penalties until the rental is correctly terminated. If insufficient funds are available on the account, the client does not have to terminate the rental, but is obliged to pay the difference (underpayment) within 7 days. If the payment is not made within the specified period, a procedure will be initiated to obtain the amount due from the Operator.
      3. The rental is made by activating the application on the mobile device and scanning the QR code, which is located̨ on the handlebars and the ROOVEE LOCK CONTROL device, or by contacting the Customer Service and providing the telephone number, Telecode and the number of the bicycle to be rented. It is also possible to rent a bicycle via SMS by sending a message with the text "start bicycle number", e.g. "start 1627629", to the telephone number +48 500 70 70 70. After correct scanning of the QR code via the application or by providing the correct data to the Customer Service consultant or by using the rental option via SMS, ROOVEE LOCK CONTROL is unlocked.
      4. From the moment ROOVEE LOCK CONTROL is unlocked, time is charged for the rental of the bicycle in accordance with the Table of Fees and Penalties.
      5. In accordance with the provisions of Chapter IX, point 4, the Customer is obliged to verify the technical condition of the bicycle before the ride. In the case of damage to the bicycle, the Customer shall immediately report the defect via the Mobile Application, using the option Report a bike defect or by contacting the ROOVEE BOK and shall refrain from using (riding) and thus renting the bicycle. The Customer shall be responsible for any potential damage resulting from riding a defective bicycle.
      6. It is not recommended to use the Stop/Pause option outside the operating area of the system. This may result in difficulty in renting the bike again.
      7. Before placing the mobile phone in the phone holder, the customer must check the technical condition of the holder and the completeness of its components. The holder consists of a plastic base rigidly attached to the bicycle on a double clamp, a QR code and rubber bands securing the phone on both sides. In case any of the components are missing or the holder is otherwise damaged, the customer is obliged to immediately report the fault to Customer Service by phone, e-mail or using the mobile application and refrain from using the holder. The Customer placing the phone in the cradle despite the absence of any of the elements or other damage to the cradle, is responsible for the phone so carried and waives the right to any claim for its possible damage.
      8. The basket, which is mounted on the front of the bike, is designed and suitable for carrying lightweight items. The maximum load of the basket is 10kg. The customer is responsible for any damage resulting from improper use of the basket, as well as for damage to and leaving behind items carried in the basket.
      9. The maximum load for the standard type of bike is 120 kg.
      10. The customer should choose the bicycle for rental taking into account his/her height and ability to move freely.
      11. In the event of any problems with the rental or return of the bicycle, the User should contact the Customer Service immediately.
      12. There is no additional charge for returning the bicycle in the area of the PRM station.
      13. In the case of return of the bicycle outside the area of the PRM station, the customer will be charged an additional fee of 10.00 PLN.
      14. If the bicycle is left outside the PRM Operation Zone, the Customer will be charged a penalty in the amount of:
        1. up to 15 km - PLN 500.00
        2. up to 50 km - PLN 1,000.00
        3. over 50 km - PLN 5,000.00.

          The customer is liable for any damage, damage to or theft of the bicycle, if the bicycle is left outside the PRM operating area, to the full extent of the damage.

      15. The maximum rental time is 12 hours. A handling fee of PLN 200 will be charged to the customer for exceeding 12 hours of rental.
      16. The return of the bicycle should be understood as the return of the bicycle to one of the designated areas, i.e.: the station area or the PRM bicycle return area with the requirements to end the rental in a public place, excluding the locations of: underground car parks, garages, basements, tunnels, buildings, forests, parks, other areas which are closed and not accessible to the public and private properties, within the operation area of the PŁOCKI ROWER MIEJSKI PRM. The bicycle must be supported by a foot/stool. It is not permissible to leave the bicycle in a lying position. The bicycle must also not be leaning against a pole, tree or building.
      17. The customer is obliged to take a photo of the bike after each ride by using the function in the app "Take a photo".
      18. The photograph taken of the bicycle referred to in para. 17 above, must be legible and include the entire rented bicycle. The photo, apart from the indicated bicycle, should not include any other object with distinctive features and should not capture any persons, including in particular the image features of those persons.
      19. The customer is obliged to check after each trip that the trip has been completed correctly in the application. If it is not possible to complete the ride in the application, the customer must contact Customer Service immediately. If no contact is made, all costs associated with the ongoing rental will be borne by the customer. The fee will be charged in accordance with the Table of Charges and Penalties.
      20. If the ROOVEE LOCK CONTROL cannot be locked, the Customer is obliged to contact the Customer Service immediately. If no contact is made, the Customer shall be responsible for any possible damage, breakage or theft of the bicycle up to the full amount of the loss incurred by the OPERATOR.
      21. In the event of incorrect return of the bicycle, in particular failure to lock the ROOVEE LOCK CONTROL device or leaving the bicycle in an unauthorised place, the Customer will be charged in accordance with the Table of Fees and Penalties. The Customer shall be held fully responsible for the incorrectly returned bicycle until the ROOVEE LOCK CONTROL device is correctly locked or the bicycle is left in a place permitted in the PRM operating area.
      22. In the event of an accident or collision while using the rented bicycle, the customer is obliged to write down an appropriate statement or call the police to the place of the incident. In the event of such an occurrence the customer is also obliged to inform the Customer Service.
    9. FAILURES AND REPAIRS
      1. In the event of any malfunction, the Customer should immediately report it via the application using the Report a fault module or make a report via Customer Service. If a failure is not reported, the customer may be charged for the subsequent repair costs.
      2. The customer is not entitled to repair the rented bicycle or interfere in any other way. The only person entitled to do so is the Operator.
      3. It is recommended that the customer has the possibility to contact the Customer Service (by phone or e-mail) while using the rented bicycle.
    10. FEES
      1. All charges shall be calculated in accordance with the Table of Fees and Penalties, which, in accordance with the provisions of the Regulations, is attached as Appendix 2.
      2. Charges for the use of a rental bike vary and depend on the length of the rental/pause.
      3. The calculation of the fee is based on the number of minutes of rental, which is counted from the moment of renting the bike until the end of the rental.
      4. In the event that the charged fares exceed the available funds, the Customer is obliged, in accordance with the provisions of Section XI, point 2 of these Terms and Conditions, to replenish his/her account to at least a balance of PLN 0 within 7 days.
    11. PŁOCK RESIDENT CARD
      1. The system allows you to rent a bicycle using the Plock Resident Card. Rental is done by applying the card to the marked place on the ROOVEE LOCK-CONTROL device.
      2. For holders of the Plock Resident Card integrated with the PRM system, the first 20 minutes of rental is free.
      3. The conditions for receiving preferential use of the PRM are:
        1. having or creating an account in the PRM system,
        2. possession of a valid resident's packet within the Plock Resident Card scheme .
    12. RIGHT OF WITHDRAWAL AND TERMINATION
      1. The Consumer or PNPK has the right to withdraw from the Agreement within 14 calendar days of its conclusion without stating reasons and without incurring costs.  In order to withdraw from the Agreement, it is necessary for the Consumer or the PNPK to make an unequivocal statement, e.g. by post or by e-mail to bok@roovee.eu. In order to meet the deadline referred to in the first sentence, it is sufficient to send the information on withdrawal from the Agreement before the expiry of the deadline referred to in the first sentence. A model declaration of withdrawal is attached as Annex 6 to the Terms and Conditions. The consumer or PNKP may use it, but is not obliged to do so.
      2. The Operator shall, within 14 days from the date of the withdrawal statement, refund to the Consumer or PNPK the amount that it has credited to its account. The Operator shall refund the Consumer or PNPK using the same method of payment used by the Consumer or PNPK, unless the Consumer or PNPK has agreed to make the refund by another method that does not incur any costs for the Consumer or PNPK.
      3. If the Consumer or the PSC exercises the right of withdrawal after having made a request in accordance with Articles 15(3) and 21(2), u.p.k. shall be obliged to pay for the services performed up to the time of withdrawal.
      4. After the expiry of the period referred to in paragraph 1 above, the Customer has the right to terminate the Agreement̨ at any time during its duration. The termination of the Agreement shall be sent to bok@roovee.eu. Termination of the Agreement shall take place as soon as possible, but no later than 5 days after receipt of the notice of termination, unless the Customer, according to his/her billing account, has unpaid receivables to the Operator, in which case the Agreement shall be terminated upon settlement of his/her billing account balance to PLN 0 by the Customer.
      5. If the funds exceed the amount of PLN 0 on the date of termination of the Agreement, they will be returned to the bank account number provided by the Customer. The Operator shall return the funds within 21 days of the termination of the Agreement.
    13. COMPLAINTS
      1. The customer is entitled to lodge a complaint, which should be submitted by e-mail or in writing to the OPERATOR's address.
      2. It is recommended that the Customer indicates the following information in the complaint:
        1. name;
        2. contact details;
        3. brief description of the situation
        4. information (evidence) supporting the situation described
      3. Complaints will be dealt with immediately, but within no more thaṅ 14 days of receipt or supplementation. If the complaint needs to be supplemented, the time limit shall run from the date of delivery of all documents, explanations and similar supplementary documents. If it is necessary to supplement the documents, the Operator will indicate the scope of the documentation to be supplemented́.
      4. The customer will be informed accordingly by e-mail, either to the e-mail address provided during registration or to the e-mail address provided during the complaint.
      5. The lodging of a complaint does not release the Customer from the fulfilment of its timely obligations due to the Operator.
      6. The handling of the complaint consists in particular of the identification of the problem, a thorough assessment of the validity and the resolution of the complaint.
      7. The Customer shall have the right to appeal once against a decision made by the Operator within 14 days of delivery of the decision to the Customer. The appeal should also be sent to ul. Ryżowa 33a/7, 02-495 Warsaw. The appeal will be considered within 14 days of its receipt. The Customer also has the right to apply for reconsideration of the case which is the subject of the decision, which was issued as a result of the complaint, or may applý with an appeal to the Municipality - City of Płock, pl. Stary Rynek 1, 09-400 Płock.
      8. The Customer shall be entitled to claim damages for failure to provide or improper provision of the Service in court proceedings once the complaint procedure has been exhausted.
      9. The operator's liability in respect of non-performance or incorrect performance of the service shall be limited to the actual damage and shall not include lost profits.
      10. In the event of a complaint regarding fees, penalties charged, etc. and it is successful, the money will bę refunded to the Customer's account in the Roovee system, within 14 days of the Customer being informed of the positive outcome of the complaint
    14. ACCOUNT BLOCKING
      1. In case of non-compliance with the terms and conditions of use of ROOVEE BIKES contained in these Terms and Conditions, the Operator reserves the right to temporarily or permanently block the Customer's Account with the PŁOCKI ROWER MIEJSKI PRM system.
      2. The account may be blocked in particular if the Customer:
        1. uses the bicycle in a manner incompatible with its intended use and the regulations
        2. he/she has not completed the personal data or has provided false data
        3. leaves the bicycle unsecured ROOVEE LOCK CONTROL
        4. damaged a bicycle or other property belonging to the Operator
        5. hired a bicycle, which then went missing
        6. Roovee account balance is negative
        7. taking a photograph showing something other than the vehicle in which the journey was made
    15. PROTECTION OF PERSONAL DATA
      1. The controller of Data processed by means of the ROOVEE System is ROOVEE S.A, Ryżowa 33a/7, 02-495 Warsaw.
      2. The Data Controller has appointed a Data Controller whom you can contact̨ via e-mail:iod@roovee.eu.
      3. The Data Controller informs you that your personal data will bę processed for the following purposes: 
        1. the performance of the contract (pursuant to Article 6(1)(b) of the RODO);
        2. to respond to enquiries and requests and to provide technical assistance and the basis for processing is the legitimate legal interest of the controller (pursuant to Art.6(f) RODO),
        3. to determine the location of your device in order to be able to show you information about bicycle stations and to perform a service of showing you the route to the nearest bicycle on the basis of your consent (pursuant to Article 6(1)(a) of the RODO)
        4. to establish or possibly assert/defend claims (pursuant to Article 6(f) of the RODO).
      4. The Data Controller informs you that your personal data will be stored for the period necessary for the performance of the contract or the existence of a legitimate interest of the Controller, and thereafter for the purposes and to the extent required by law or for the safeguarding of possible claims.
      5. The Data Controller informs you that data processed on the basis of consent will be processed until the consent is withdrawn or until it ceases to be useful, whichever event occurs first. The withdrawal of consent does not affect the lawfulness of previous processing.
      6. Your personal data will not be used for automated decision-making, including profiling.
      7. Your data will not be transferred outside the EEA.
      8. You have the right to access, rectify, erase or restrict processing of your personal data, object to processing, and the right to data portability;
      9. You have the right to lodge a complaint with a supervisory authority if, in your opinion, the processing of your personal data violates the provisions of the RODO
      10. The provision of your data is voluntary, but is a condition for the conclusion and performance of the contract. Failure to provide personal data will result in the impossibility to conclude and perform the contract.
      11. We would like to inform you that the recipients of your data will be the entities responsible for the operation of IT systems, entities providing accounting and legal services, as well as all authorised institutions and authorities under the applicable legislation.
      12. Your data are not subject to automated decisions
      13. For information regarding the processing of personal data concerning you, please contact: iod@roovee.eu.
    16. OUT-OF-COURT DISPUTE RESOLUTION
      1. The OPERATOR informs that the Consumer or the PNPK has the right to settle complaints out of court as well as to assert claims.
      2.  The out-of-court handling of complaints as well as the assertion of claims by the Consumer or PNPK is possible in particular:
        1. before permanent amicable consumer courts operating at Voivodship Inspectorates of Trade Inspection. Detailed information on how to access this procedure and the applicable procedures can be found on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasądowe_rozwiazywanie_sporow_konsumenckich.php;
        2. through mediation conducted by voivodeship inspectorates of the Trade Inspection and their branch offices. The role of the mediator in the dispute is then performed by an employee of the inspectorate, while observing the principles of impartiality and fairness. Detailed information on how to access this procedure and on the procedures applied is available in the offices and on the websites of individual Voivodeship Inspectorates of Trade Inspection.
      3. The consumer or PNPK can also make use of the district consumer ombudsman. The district consumer ombudsmen are available at the district or city offices (in cities with district rights). Detailed information in this respect is available at: https://uokik.gov.pl/rzecznicy.php.
      4. The consumer has the right to lodge a complaint via the EU ODR (Online Dispute Resolution) platform available at:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
    17. AMENDMENT OF THE RULES OF PROCEDURE
      1. OPERATOR is entitled to amend the Terms and Conditions for important reasons, in particular:
        1. the need to adapt the Rules of Procedure to changes in legislation, recommendations, interpretations or guidelines from competent courts or authorities;
        2. a decision of a competent common court or a decision of a competent authority which may affect the rights or obligations of the OPERATOR or the BUYER.
      2. The amended Terms and Conditions will be published on the Website at https://plock.bike in the Application. Each version of the Terms and Conditions has been provided with information as to when it is effective.
      3. In addition, the OPERATOR will notify the Buyer of the planned change to the Terms and Conditions to the electronic address (email) indicated by the Buyer.
      4. The amended Terms and Conditions will become effective within 14 (in words: fourteen) calendar days from the date of notification to the Customer in accordance with subsection 3, unless a shorter period is necessary due to mandatory regulations or obligations incumbent on the OPERATOR on the basis of a general court ruling or an authority decision.
      5. In the event of non-acceptance of the change to the Terms and Conditions, the Consumer or PNPK shall inform the OPERATOR of its decision in a manner of its choice.
    18. FINAL PROVISION
      1. The Rules of Procedure are subject to Polish law and have been drawn up in accordance with Polish law.
      2. In matters not covered by these Rules, the provisions of the applicable law shall apply.
      3. Disputes between the OPERATOR and a Customer who is not a Consumer or a PNPK will be dealt with by the common court with local jurisdiction over the seat of the OPERATOR. In case of disputes with a Consumer or PNPK, the jurisdiction of the court will be determined according to the general rules.
      4. Terms and conditions effective 04 .07.2023

    Annexes to the Regulations:

    Annex 1 Area and zones of operation of the PŁOCKI ROWER MIEJSKI PRM system

    I. ZONE PLOCKI ROWER MIEJSKI PRM

    Strefy PŁOCKI ROWER MIEJSKI PRM

    The area of operation of the PLOCKI MOBILE ROWER PRM

    Obszar funkcjonowania PŁOCKI ROWER MIEJSKI PRM

    Annex 2 Table of charges, penalties and bonuses

    In 2023, all Users are subject to the price list as with PKM (20 minutes for free).

    Lp. Title Gross amount
    1. Initial deposit (to be used for reimbursable journeys) - minimum balance to start a journey PLN 10.00
    2. Rental fee for up to 20 minutes PLN 0.00
    3. A rental charge of up to 20 minutes (excluding PKM)* will apply from 2024. PLN 1.00
    4. A rental charge of up to 20 minutes (with PKM)* will apply from 2024 PLN 0.00
    5. Fare of 20 to 60 minutes PLN 1.00
    6. Fare from 60 to 120 minutes PLN 2.00
    7. Fare from 121 to 180 minutes PLN 5.00
    8. Fee for each commenced hour of travel exceeding 181 minutes PLN 3.00
    9. Fee for exceeding the 12-hour rental period PLN 200.00
    10. Bonus for taking the bike from outside the return zone to the return zone PLN 10.00
    11. Additional charge for leaving the bicycle outside the return area PLN 10.00
    12. Penalty for leaving a bicycle with the lock open PLN 100.00
    13. Penalty for leaving a bicycle < 15 km outside the area of operation PLN 500.00
    14. Penalty for leaving a bicycle <50 km outside the area of operation PLN 1000.00
    15. Penalty for leaving a bicycle >50 km outside the area of operation PLN 5000.00
    16. Penalty for theft or damage to bicycle PLN 5,000.00
    17. Penalty for theft or destruction of a bicycle with a child seat PLN 6,000.00
    18. Penalty for misuse of bicycle PLN 200.00
    19. Penalty for using a bicycle in more than the permitted number of persons PLN 100.00
    20. Penalty for leaving a bicycle in a place other than a public place (including garages, tunnels, private properties, closed cemeteries, cellars, buildings, cars, forests, parks) PLN 200.00
    21. Penalty for damaged or stolen items in the return area PLN 1,000.00
    Charge for theft or destruction of individual PRM items
    1. Standard bicycle frame PLN 5000.00
    2. Dynamo PLN 400.00
    3. Front lamp PLN 80.00
    4. Rear lamp PLN 80.00
    5. ROOVEE LOCK CONTROL PLN 1500.00
    6. Steering wheel PLN 200.00
    7. Bell PLN 40.00
    8. Pedal PLN 50.00
    9. Basket PLN 200.00
    10. Tyre PLN 200.00
    11. Rim PLN 200.00
    12. Spoke PLN 2.00
    13. Saddle PLN 200.00
    14. Bar PLN 150.00
    15. Mudguard PLN 100.00
    16. Power cables, plugs PLN 150.00
    17. Support PLN 100.00
    18. Hub PLN 700.00
    19. Fork PLN 250.00
    20. Grips PLN 50.00
    21. Handles PLN 100.00
    22. Front brake PLN 200.00
    23. Crank PLN 200.00
    24. Phone holder PLN 50.00
    25. Handlebar support PLN 200.00
    26. Child seat PLN 1000.00
    27. Solar panel PLN 1000.00
    28. Repair work (one hour) PLN 60.00