Rekola - Відкрийте місто з Rekola Bikesharing

Terms and Conditions of REKOLA Bikesharing PL Sp. z o.o.

Terms of provision of electronic services and General Terms and Conditions of the Service
1. General provisions
1.1 General provisions
1.1.1 These terms and conditions of REKOLA Bikesharing PL Sp. z o.o. (hereinafter referred to as the "Terms" or "T&C") govern the mutual rights, obligations and principles of the contractual relationship based on a framework agreement concerning the rental of means of transport or an agreement concerning the rental of means of transport, concluded between REKOLA BIKESHARING PL Sp. z o.o., with its registered office at ul. Warszawska 40/2A, 40-008 Katowice, Poland, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001192968, NIP: PL 9542893938 (hereinafter referred to as "Rekola") and the client of Rekola (hereinafter referred to as the "User") for a fixed term (hereinafter referred to as the "Contract"), which was concluded through a confirmation form available in the Rekola mobile application for iOS, Android or on the website https://app.rekola.cz or https://rekola.app (hereinafter referred to as the "Application").
1.1.2 These Terms of use of the Application form an integral part of the Contract and govern certain provisions of the Contract.
1.1.3 Information contained in the Application also forms an integral part of the T&C and the Contract.
1.1.4 The terms contained in the Contract and any other written agreements between the Parties shall prevail over these Terms.
1.1.5 The Contract may be concluded for a single rental or on a long-term basis, for up to one calendar year.
1.1.6 The subject matter of the Contract is (i) short-term rental of non-motorised means of transport (hereinafter referred to as the "Bike") designated on the basis of reservations for temporary use and (ii) the User's obligation to comply with the terms, rules and restrictions for such rental set out in the Contract and these T&C, as well as to pay the agreed Fare for the use of the Bike, in the amount and under the conditions set out in the Contract and these T&C.
1.1.7 These T&C also constitute the terms of provision of electronic services within the meaning of Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2020, item 344, as amended) and specify in particular: (a) the types and scope of services provided by electronic means — making available the mobile Application and Website enabling reservation and rental of Bikes, management of the User account, making payments and communication with Rekola; (b) the conditions for provision of electronic services — including the technical requirements necessary to use the Application (a mobile device with iOS or Android, Internet access, an up-to-date version of the browser or Application, registration of a user account); (c) the conditions for concluding and terminating agreements on the provision of electronic services (see sections 2 and 3); (d) the complaints procedure (see section 5.3).
1.2 Contact details and definitions
1.2.1 The contact address of Rekola is REKOLA BIKESHARING PL Sp. z o.o., ul. Warszawska 40/2A, 40-008 Katowice, Poland.
1.2.2 "Communication Channels" are: (i) the email address info@rekola.eu; (ii) the telephone number +420 277 277 930, available at least on weekdays between 9:00 and 17:00 local CET time (hereinafter referred to as "Contact Hours"); and (iii) the chat application (available during Contact Hours). Rekola reserves the right to resolve some matters only via email and/or chat.
1.2.3 "Newsletter" means the informational newsletter sent by Rekola. Rekola offers several types of newsletters, which may be sent automatically (i.e. an email is sent after a specific action is performed) or manually. It is possible to unsubscribe from each type of newsletter in the footer of each email (in accordance with the applicable Privacy Policy, see section 6.1.), except for the newsletter concerning a change to the Terms of Service (see section 8.2.).
1.2.4 "Push notification" is a message sent to the Application (iOS, Android) via Apple and Google channels respectively. Rekola is not responsible for the deliverability of such messages as it has no way of influencing or guaranteeing it.
1.2.5 "Website" means the website www.rekola.pl and other language versions (www.rekola.cz, www.rekola.sk, etc.).
1.2.6 "Fares" means the rental charges for Bikes for the duration of the Contract or for specific uses of Bikes. The amount of the Fare may vary depending on location or period. All Fares and their contents are available at https://www.rekola.pl/pricing.
1.2.7 "Ride" means, for the purposes of these Terms, the period during which the User uses a Bike, the beginning and end of which are defined below.
1.2.8 The "Price List" is published in its current form at https://www.rekola.pl/pricing.
1.2.9 "Parking spots" are specific locations where the User may return a Bike. These include bike racks, locations marked by road signs or other appropriate locations. Their current locations are indicated in the Application, usually with a photo.
1.2.10 "Subscription" means a daily, monthly or annual amount which, once paid, allows Rides to be made for a specified period without additional charges, in accordance with the Price List or Application. Subscriptions are subject to the FUP Interval, defined below.
1.2.11 "Electronic lock" means a bicycle lock that is unlocked via the Application and locked either manually by pressing the lever on the physical lock downward, or electronically via the Application, depending on the type of lock. The Application informs the User how to lock it, according to the type of lock.
1.2.12 "FUP Interval" means the number of minutes since the last Ride during which any subsequent Ride would be a continuation of the previous Ride.
1.2.13 "Consumer Rights Act" means the Act of 30 May 2014 on consumer rights (Journal of Laws 2020, item 287, as amended).
1.2.14 "Civil Code" means the Act of 23 April 1964 — Civil Code (Journal of Laws 2023, item 1610, as amended).
1.2.15 "Region" means a city or group of cities and municipalities in which the Bikesharing service is provided. A list thereof can be found on the Website.
1.2.16 "NFC Identifier" means an NFC chip, card or sticker paired by the User with their account via the Application.
1.2.17 "Tap & Ride" is an alternative method of starting and ending a Ride by placing the NFC Identifier against the reader on the Bike, without the need to use the Application at that moment. Tap & Ride is available only on Bikes equipped with a compatible reader.
1.2.18 "User account" — an individual user account created during registration for the purpose of performing the Contract.
1.2.19 "GPS locator" — a device mounted on the Bike used to monitor the position and location of the Bike.
1.2.20 "Credit" — a credit system meaning a monetary value recorded in the Application, always assigned to a specific country (and thus currency), used to pay for services provided by Rekola in that country.

1.3 Sharing of Bikes
1.3.1 The User declares that on the date of conclusion of the Contract they are at least 18 years of age.
1.3.2 Rekola enables the User to use Bikes in the Region.
1.3.3 Rekola communicates with the User primarily through the Application, the Website or by email directly to the contact address.
1.3.4 The Application is available 24 hours a day, except for scheduled necessary system maintenance and unexpected technical problems.
1.3.4.1 Rekola has the right to suspend the functionality of the User account for reasons of (i) security, (ii) justified concern of unauthorised or fraudulent use, (iii) suspected use of the Bike in violation of the Contract and/or T&C, (iv) violation of the T&C, in particular non-payment of due obligations to Rekola, for the duration of the reasons for suspension of Application functionality. The User will be notified of this via the Application or by electronic means of communication.
1.3.4.2 If the User's mobile application on iOS or Android does not work (for whatever reason) when it was not reported system maintenance (see clause 1.3.4.), the User is obliged to report this event to Rekola.
1.3.4.3 If the User considers that the Application could be misused (e.g. in case of loss of a mobile phone, etc.), the User is obliged to contact Rekola immediately.
1.3.5 The User may only have one account within the Applications. Rekola has the right to "merge" User accounts if there is a suspicion that they belong to the same natural person. In such a case, all accounts of such User are treated as one User.
1.3.6 The maximum duration of a Ride is 2 days (48 hours). The price of the Ride, including its variants, is determined by the current Price List published on the Website. In justified cases, Rekola has the right to terminate the Ride before the expiry of this period. In such cases, the User will be informed via push notification.
1.3.7 Repeated Rides are possible up to a maximum of 20 Rides on different Bikes per day.
1.3.8 Only the User may use the Bike, unless the User has rented another Bike for a third party via the Application (hereinafter also referred to as an "Associated Person"). In such a case, the User bears full liability for any damage caused to Rekola by the Associated Person. At the same time, the User undertakes to ensure that the Associated Person fulfils all obligations arising from the Contract and these T&C.
1.3.9 Any other transfer of the Bike by the User for use to a third party (except for an Associated Person) or subletting of the Bike, whether for consideration or not, constitutes a material breach of the Contract entitling Rekola to claim a contractual penalty (see clause 5.1.5.). If damage is caused to the Bike by a third party to whom the Bike was made available in violation of the Contract, the User who made the Bike available to the third party or whose actions led to the Bike being made available to a third party bears full liability for such damage.
1.3.10 Bikes may only be returned in the Region in which they were rented, at the location indicated in the Application.
1.3.11 The User is responsible for the accuracy of the phone number provided. In the event of its loss or change, the User is obliged to promptly inform Rekola or remove the number from their profile.
1.3.12 The User hereby acknowledges that in other countries where Rekola operates, it operates under the name of a local company — i.e. an entity which a) in the case of the Czech Republic is REKOLA Bikesharing s.r.o. with its registered office at Křenová 89/19, 602 00 Brno, company identification number: 048 93 875 (hereinafter referred to as the "Parent Company"), b) in other countries an entity 100% owned by the Parent Company. This entity was established for the purpose of operating bicycle rental business in a given country. Operation in each country is subject to local terms of use, and the User declares that before riding in another country they will familiarise themselves with the local terms of use, agree to them and comply with them. A list of all terms of use is available on the Website.

2. Use and rental of Bikes
2.1 Use of Bikes
2.1.1 Before using the Application for the first time, the User must provide details of a valid debit card, credit card, Apple Pay or Google Pay ("Card") and pay a verification fee of up to PLN 0.50. In some Regions, instead of a Card verification transaction, the User must top up Credit (see clause 2.5.) to at least the minimum amount indicated in the Application. The Card may be automatically charged for additional fees or service costs, including longer Rides, always in accordance with the current Price List. Subject to the exception indicated below for Poland, the Service cannot be used without a valid Card (and in some Regions, without sufficient Credit). The User may only add a Card issued in their own name. In Poland, the Service may also be used without a Card, via BLIK, pay-by-link or bank transfer; in such a case the User must maintain sufficient Credit in accordance with the information indicated in the Application.
2.1.2 If the User has not made a successful payment transaction on the Card already entered for 11 months, Rekola may make a transaction of PLN 0.05 from the User's Card, which will be immediately returned to the Card. This will ensure the functionality of the Card in the Application for the User for the duration of the Card's validity.
2.1.3 Each Bike is equipped with a unique verification code and QR code. The User may only enter into the Application the verification code / QR code of the Bike at which they are physically present. After entering it into the Application and paying the rental fee for the Bike, if the Ride is subject to a charge, the contract is concluded and the Ride takes place — which is associated with unlocking the Electronic lock by the Application.
2.1.4 For the duration of each Ride, the User has: (i) the exclusive right to use the relevant Bike for riding on roads where such riding is permitted; (ii) the right to use the Bike for personal transport and, where appropriate, for transport of personal belongings in quantities that do not affect the functionality and intended use of the Bike. Carriage of any goods on the Bike must not in any way restrict the User or other road users or endanger their safety; (iii) responsibility for the risk of damage to the Bike and the obligation to use it properly and in accordance with the agreed purpose; (iv) the obligation to report any defects in the Bike via the Communication Channels.
2.1.5 Each User rides at their own risk. Although Rekola regularly services and maintains all Bikes, before each Ride the User is obliged to check the overall condition of the Bike, in particular: (i) brakes — front and rear, (ii) condition of wheels and tyres, (iii) tightening of the headset and serviceability of the handlebars.
2.1.6 In the event of discovery of a defect that prevents smooth and safe riding, the User is obliged to inform Rekola via the Application, report the Bike as unrideable and lock it back at a Parking spot (see clause 2.2). Rekola is not liable for damage caused by the poor condition of the Bike that could have been discovered by the User.
2.1.7 The User is obliged to comply with the relevant road traffic regulations, in particular the provisions of the Act of 20 June 1997 — Road Traffic Law, including the obligation to use hand signals and the prohibition of riding on pavements. In the event of breach of these obligations, the User acknowledges the possibility of incurring liability for an offence.
2.1.8 Rekola reserves the right to extend the FUP Interval for Users who, in Rekola's expectation, will intensively use repeated rentals under a Subscription — in particular delivery, courier or similar services — to the number of minutes corresponding to the time from the end of the last Ride until midnight of that calendar day. For other Users using a Subscription, the FUP Interval is 15 minutes.
2.1.9 During the Ride, the User is obliged either to be physically present on the Bike or to lock the Bike with the Electronic lock and subsequently indicate their wish to continue the Ride (see clause 2.2). Rekola has the right to terminate the Ride and transfer the Bike to another User if such User finds the Bike unlocked.
2.1.10 The User acknowledges that the battery of an electric Bike may become depleted during the rental, and even in such a case the User is obliged to transport the Bike to a station by pedalling, where the rental will be terminated. Failure to comply with this requirement may result in a penalty pursuant to clause 2.2.3 or clause 5.1.5.
2.1.11 The User may also start a Ride via Tap & Ride, i.e. by placing their NFC Identifier against the reader on the Bike. By placing the NFC Identifier, the User confirms that they have familiarised themselves with the current Price List and accept it together with all conditions, even if they do not have a phone with the Application at that moment. The Bike will confirm the start of the Ride with an audible signal.
2.1.12 In the case of a Ride started via Tap & Ride, the User acknowledges that: (i) they may not receive push notifications or other communications from the Application if they do not have their phone with them; (ii) even without such communications they bear full responsibility for complying with these T&C, including the obligation to return the Bike to a Parking spot; (iii) the inability to receive push notifications does not relieve them of responsibility for breach of the T&C and does not exclude imposition of contractual penalties pursuant to clause 5.1.5.
2.1.13 The NFC Identifier is assigned to the User's account and is non-transferable. The User is obliged to protect their NFC Identifier from misuse. In the event of loss or theft of the NFC Identifier, the User is obliged to immediately remove it from their profile in the Application or contact Rekola via the Communication Channels. Until the NFC Identifier is removed, the User is responsible for all Rides made using that identifier.
2.2 Return of the Bike
2.2.1 The User ends the rental by locking the Electronic lock — manually, by pressing the lock lever downward, or electronically via the Application, depending on the type of lock. After pressing the "Return bike" button in the Application, the Application will guide the User through the correct locking procedure. After securing the lock, the User must wait for an audible signal confirming closure, and then for a push notification (if the User has this function enabled). The Application will then display confirmation of the lock being secured and the Bike being returned. This constitutes the end of the rental. In the case of manual pressing of the lock lever, the User may immediately indicate in the Application their wish to continue the rental — in such a case the Bike is not returned and the rental continues. If after pressing the lever the User does not receive a push notification or the Application does not display confirmation of the lock being secured, the User is obliged to contact Rekola immediately via the Communication Channels.
2.2.2 The User is obliged to leave the Bike at a Parking spot, the location of which is indicated in the Application. This means: (i) a place marked with horizontal road signs for bicycle parking (hereinafter referred to as "physical marking"), (ii) in the absence of physical marking — a place marked in a photo in the Application at the Parking spot (hereinafter referred to as "virtual marking"), (iii) in other cases — within a maximum distance of 20 m from the place marked in the Application.
2.2.3 The User agrees that in the case of returning the Bike outside a Parking spot, a penalty of PLN 100 will be automatically charged, see clause 5.1.5.5.
2.2.4 The User undertakes to leave the Bike in such a way that: (i) it does not obstruct pedestrians, cyclists, road traffic or the activities of third parties; (ii) it is left in public space or a publicly accessible place suitable for bicycle parking or directly intended for bicycle parking; (iii) in the case of both physical and virtual marking, the User is obliged to leave the entire Bike in the designated place.
2.2.5 If the User returns the Bike in an enclosed or covered space — i.e. where there is a justified concern that the GPS locator will not work properly, the User undertakes to check within 10 minutes of returning the Bike whether the Bike is shown on the map in the Application exactly where it actually is. If not, the User is obliged to inform Rekola immediately via the Communication Channels.
2.2.6 The User undertakes not to lock the Bike with any other lock.
2.2.7 The User may also end a Ride via Tap & Ride, i.e. by placing their NFC Identifier against the reader on the Bike. The Bike will confirm the end of the Ride with an audible signal. The obligations arising from clauses 2.2.2 to 2.2.6 apply regardless of the method of ending the Ride (including return via Tap & Ride).
2.2.8 The User acknowledges that after the Ride ends, the Electronic lock may be remotely locked, and further use of the Bike constitutes a breach of these Terms of Service.
2.3 Fees and subscriptions
2.3.1 Rekola charges fees for its standard services in accordance with the Price List. All prices given in the Price List are gross prices (including VAT) expressed in Polish zloty (PLN).
2.3.2 The fee for services may be charged to the User immediately, collectively for a specified period (e.g. month or year) or after reaching a specified amount.
2.3.3 In the case of purchase of a monthly subscription, the monthly subscription amount in accordance with the Price List will be automatically charged from the Card until the subscription is deactivated by the User. Payment is debited on the day the User purchases the Subscription or on the last day of the month. The User may deactivate the Subscription at any time — in such a situation the Subscription will not be extended for the next period.
2.3.4 The fee for a single Ride is payable immediately after the start or end of the Ride in accordance with clause 2.2 of these Terms and will be automatically charged from the User's Card.
2.3.5 A Subscription is valid only in the territory of the country in which it was purchased by the User.
2.3.6 Just before the start of a Ride, Rekola may carry out a verification payment to confirm that the Card is still active and has sufficient funds. Such payment must be returned immediately or credited against the total Ride fee.
2.4 Loyalty programmes
2.4.1 For Users who have a longer-term subscription, Rekola may provide additional benefits ("Subscriber Benefits") listed in the Application. By cancelling the subscription, the User immediately loses Subscriber Benefits, but may use the Tariff in its basic form until the end of the paid period.
2.4.2 Rekola is entitled to offer Users discounts on individual Rides, subscriptions or other benefits, directly or through commercial partners. The User has no legal claim to the granting of such a discount, bonus or benefit. Rekola reserves the right to determine individual conditions for granting a discount, to change them at any time and to refuse to grant a discount to a specific User or group of Users, also without giving a reason.
2.5 Credit
2.5.1 The User may hold Credit in several countries at the same time.
2.5.2 Credit occurs in two forms: (i) "User Credit" — credit topped up by the User through payment from the Card and (ii) "Rekola Credit" — credit granted by Rekola, e.g. as part of promotional campaigns or compensation.
2.5.3 In some Regions, starting to use the service requires topping up User Credit to the minimum amount indicated in the Application, instead of the Card verification transaction referred to in clause 2.1.1.
2.5.4 Credit is used first to pay for Rides and other services. If Credit does not cover the full payment amount, payment is collected from the Card. Contractual penalties pursuant to clause 5.1.5. are always collected from the Card.
2.5.5 When using Credit, User Credit is used first, then Rekola Credit.
2.5.6 User Credit may be cancelled (expire) if the User does not make any Ride in a given country for at least 2 years. The User will be informed in advance of the planned expiry of User Credit via the informational Newsletter (see clause 1.2.3.).
2.5.7 The User has the right to request a refund of their User Credit. The refund is subject to a fee indicated in the Application. Refunds are processed in cycles (e.g. once every 6 months), in accordance with the information in the Application. After refund of Credit, the User account is deleted.
2.5.8 Rekola Credit is granted at Rekola's discretion. Rekola reserves the right to change the conditions, amount or availability of Rekola Credit, also during the period for which Rekola Credit was granted. Rekola Credit expires no later than at the end of the calendar year in which it was granted.
2.5.9 An overview of the current Credit balance, together with individual transactions, is available to the User in the Application in the settings section.

3. Termination of the Contract
3.1 Termination of the Contract
3.1.1 The Contract may be terminated by (i) mutual agreement, (ii) notice by one of the Parties, (iii) withdrawal from the Contract due to a serious or repeated breach of contractual obligations by the other Party, or (iv) termination by the User due to a change to the T&C pursuant to clause 8.3.2.
3.1.2 The terminating Party shall deliver notice to the other Party in accordance with the delivery rules set out in the T&C (see section 4). Termination does not release the Party from material obligations arising from negotiations conducted, including liability for damage or amounts due.
3.2 Withdrawal from the Contract due to breach of the T&C
3.2.1 In the event of a serious or repeated breach of the Contract or T&C by the User, Rekola may withdraw from the Contract, which results in termination of the contractual relationship on the date of delivery of the withdrawal to the User in accordance with the delivery rules (see clause 4.).
3.2.2 A serious breach of the Contract means in particular: (i) sharing user accounts (one user allows another person to use the public bicycle system), (ii) using a Bike without renting it in the Application, (iii) locking the Bike in buildings and places not accessible to the public; (iv) leaving the Bike unsecured on the street, (v) repeatedly ending a Ride outside a station, (vi) automatic downloading of data from the Application or parts thereof. Any other misuse of the Application and Website and data available therein.
3.2.3 In the event of withdrawal by Rekola from the Contract for the above reasons, the User is not entitled to a refund of costs.
3.2.4 In the event of a serious or repeated breach of the T&C, Rekola may prevent the User from further use of the Application or re-registration therein, even in the future.
3.3 Right to withdraw from the Contract under the Consumer Rights Act
3.3.1 As a consumer, the User has the right to withdraw from the Contract within fourteen days of the date of its conclusion if the Contract was concluded at a distance or outside Rekola's business premises, in accordance with Article 27 of the Act of 30 May 2014 on consumer rights.
3.3.2 To exercise the right of withdrawal, the User may submit a statement of withdrawal from the Contract using the model withdrawal form constituting Annex No. 1 to these T&C or by submitting any other unambiguous statement of will. The User may submit a statement of withdrawal from the Contract by sending it by registered post to the postal address given in clause 1.2.1 of the T&C or by sending it to Rekola's email address indicated in clause 1.2.2 of the T&C. If the User withdraws from the Contract in accordance with this clause, Rekola will refund the User, without undue delay and no later than within fourteen days of withdrawal from the Contract, all monetary funds, including delivery costs, received from the User under the Contract in the same manner. Rekola will refund the monetary funds received to the User in another manner only if the User agrees to this and it does not result in additional costs.
3.3.3 The User is liable to Rekola only for any diminution in the value of the Bike resulting from handling the Bike in a manner inconsistent with the nature of the vehicle.
3.3.4 If the User withdraws from a Contract the subject of which is the provision of services and Rekola commenced performance of the service at the User's express request before the expiry of the withdrawal period, the User is obliged to pay a proportionate part of the agreed price for the service performed up to the moment of withdrawal from the Contract. If the agreed price is unreasonable, the User will pay Rekola a proportionate part of the price corresponding to the market value of the service performed.
3.3.5 The model withdrawal form constitutes Annex No. 1 to these T&C.

4. Rules of communication with Rekola
4.1 Notices and delivery
4.1.1 In all cases permitted by law, Rekola delivers to the User documents, notices, information or warnings (hereinafter referred to as "Notices") by electronic means (in particular by email, SMS or other electronic means of communication).
4.1.2 Similarly, the User undertakes to communicate with Rekola by electronic means (email, in-app chat).
4.1.3 A Notice is deemed duly delivered at the moment of:
4.1.3.1 receipt of the Notice, if delivered in person,
4.1.3.2 receipt of the notice by the addressee, if delivered by post or courier; or, if the User does not accept the notice, (i) expiry of the third business day from the date of deposit of the notice at the post office or attempted delivery by the postal service provider; or (ii) the date on which the User refused to accept the notice,
4.1.3.3 expiry of 24 hours from sending, in the case of delivery by electronic means.
4.1.4 The User is obliged to notify Rekola immediately of any changes to contact details. Proper delivery of such notice will result in a change to the User's personal data without the need to amend the Contract.

5. Liability for damage and defects, claims
5.1 User liability
5.1.1 The User is liable for any damage to the Bike that occurs during or after the Ride and is related to the manner of use of the vehicle by the User. The User is liable for damage even when, through their actions or omissions, they make the Bike available to other persons (including Associated Persons).
5.1.2 The User is liable for destruction, loss, damage and diminution in value of the Bike beyond the consequences of normal use in accordance with its purpose or its equipment, except where the damage was caused by Rekola. The User is responsible for the Bike for the entire duration of the Ride.
5.1.3 Road accident
5.1.3.1 In the event of a road accident, the User should act in accordance with applicable law. In the event of an accident, the User is obliged to provide Rekola with necessary assistance in all administrative activities related to settlement of insurance damage. Any damage suffered by third parties is covered by the User in accordance with generally applicable law and to the extent of their fault. Any damage caused to Rekola as a result of their actions or omissions will be fully reimbursed to Rekola by the User.
5.1.4 Theft of the Bike
5.1.4.1 The User undertakes to inform Rekola immediately via the Application of theft or attempted theft of the Bike, as a result of which damage to the Bike occurred.
5.1.4.2 The User further undertakes to provide Rekola with all necessary assistance in reporting the above cases to law enforcement authorities, e.g. the Police or other competent administrative authorities.
5.1.5 Contractual penalties
5.1.5.1 Rekola wishes to provide all users with a reliable service. In the event of a breach of the terms of use by the User, Rekola will first attempt to warn the User, but may also apply the financial penalties listed below, especially in situations where breach of the terms of use by the User is repeated.
5.1.5.2 The User undertakes to cover any penalties imposed by competent administrative authorities in connection with use of the Bike if such use constituted a breach of generally applicable law. If in such a case a sanction is imposed directly on Rekola, Rekola is entitled to claim reimbursement from the User of all costs related to payment of the sanction by way of a recourse claim.
5.1.5.3 If the User (i) uses the Bike in any way without renting it in the Application (see clauses 2.1.4 and 3.2.2 respectively) or after the Rental has ended, (ii) allows a third party to use the Bike (see clause 1.3.9), (iii) leaves it unlocked in a public place (see clauses 2.1.9, 2.2.), (iv) returns the Bike more than 1 km from the nearest Parking spot, (vi) repeatedly (even after a warning) locks the Bike in such a way that other users cannot find it (see clause 2.2.), Rekola may claim from the User a contractual penalty of up to PLN 430 for each such case. Rekola determines the amount of the contractual penalty depending on the circumstances, in particular with regard to damage suffered by Rekola as a result of the User's actions and the frequency of such actions by that User.
5.1.5.4 In the event of theft, destruction or serious damage as a result of the User's breach of the obligation specified in the preceding paragraph, Rekola may claim from the User a contractual penalty of up to PLN 2,600 per Bike.
5.1.5.5 If the User ends a Ride outside a Parking spot but within up to 1 km of the nearest Parking spot, Rekola may claim from the User a contractual penalty of up to PLN 100.
5.1.5.6 Rekola has the right to charge the contractual penalty directly to the User's Card. The User will be informed of this by email together with justification. The User has the right to submit a complaint regarding the charged contractual penalty within 14 days of the date of notification.
5.1.5.7 In the case of a Ride started via Tap & Ride (see clause 2.1.11.), the User acknowledges that if they do not have their phone with them, they may not receive push notifications warning of improper parking or other breach of the T&C. This does not relieve them of responsibility for complying with the T&C and Rekola is entitled to impose a contractual penalty pursuant to this clause even without the User having previously read the content of the push notification. By starting a Ride via NFC Identifier, the User expressly agrees that contractual penalties may be imposed and collected from the Card without the User having previously read a notice sent in the Application.
5.2 Rekola liability
5.2.1 The User acknowledges that Rekola is not liable for damage caused to the User or any other person in the event of temporary inability to use the selected Bike, as well as damage caused by inability to carry out a planned Ride due to unavailability of a reserved Bike or inability to reach the destination of a completed Ride due to breakdown of the rented Bike.
5.2.2 Rekola is not liable for any damage arising in connection with properly announced or planned interruption of the Application or any part thereof. Interruptions announced with appropriate advance notice via the Website or other visible and appropriate means are deemed properly announced. Rekola is not liable for errors in the operation of the Application caused by third parties, such as mobile, data or Internet service providers.
5.2.3 Rekola is not liable for any damage to items left in the basket, phone holder or otherwise transported on Bikes.
5.3 Complaints policy
5.3.1 If the User considers that Rekola has failed to fulfil any of its obligations (arising from law, the Contract or T&C) or if the User disagrees with a specific action of Rekola or the conduct and behaviour of its employees or collaborators, they may submit a complaint. A complaint may be delivered to Rekola in accordance with the delivery rules set out in these T&C (see clause 4.).
5.3.2 The User should not unnecessarily delay submission of a complaint so that it can be handled as quickly and correctly as possible. For prompt handling of a complaint, the User should provide the following information: (i) name, surname, telephone number, email address; (ii) description of the event or matter to which the complaint relates, or related documents (e.g. photos of the Bike).
5.3.3 Rekola will confirm receipt of the complaint to the User by email. Rekola will respond to the complaint without undue delay, no later than within three days. The complaint will be handled without undue delay, no later than within 30 days of the date of its receipt. During handling of the complaint, Rekola may ask the User to supplement or clarify necessary information. The period during which the User supplements data and necessary information is not counted towards the 30-day period for handling the complaint. Rekola will notify the User of the outcome of the complaint by email.

6. Processing of personal data and liability for photos taken
6.1 Rekola is the controller of personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR). Information on the manner and scope of processing and the rights of users as data subjects is contained in the Personal Data Processing Policy available on Rekola's Website. The supervisory authority competent in matters of personal data protection is the President of the Personal Data Protection Office (PUODO), ul. Stawki 2, 00-193 Warsaw, https://uodo.gov.pl.
6.2 Rekola is entitled to process photos taken by the User in the Application. The User grants Rekola a time-limited, free of charge, non-exclusive licence to use the photos taken without territorial restrictions, solely for operational purposes related to the functioning of the service (verification of the condition and location of the Bike). Use of photos for marketing or promotional purposes requires separate, express consent of the User.
6.3 The User confirms that taking a photo in the Application does not in any way infringe the rights of third parties or endanger them, and the User undertakes to release Rekola from liability for any claims made by such persons against Rekola.

7. Other rights and obligations of the parties
7.1 The authority competent for out-of-court resolution of consumer disputes is the Trade Inspection (https://www.uokik.gov.pl/pozasadowe-rozwiazywanie-sporow-konsumenckich). The User may also seek assistance from a municipal or district Consumer Ombudsman.
7.2 The authority responsible for consumer rights protection is the President of the Office of Competition and Consumer Protection (UOKiK), Plac Powstańców Warszawy 1, 00-950 Warsaw, https://www.uokik.gov.pl.
7.3 The online platform for dispute resolution located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the service provider and the service recipient arising from the contract binding the parties.
7.4 The European Consumer Centre in Poland (ECC Poland), with its registered office at Plac Powstańców Warszawy 1, 00-950 Warsaw, website: https://konsument.gov.pl, is a contact point in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes.

8. Final provisions
8.1 User declaration
8.1.1 The User expressly declares that (i) they have full legal capacity; (ii) at the moment of conclusion of the Contract all information and documents provided to Rekola are current, complete, accurate and correct and that they have not concealed any material facts from Rekola; (iii) before conclusion of the Contract the User was informed of all facts related to the conditions of provision of the Service, including the amount and timing of payments required by Rekola; (iv) they have familiarised themselves with the content of the Contract, T&C, Application and other rules related to the functioning of the Rekola System and agree to them.
8.1.2 All legal relations between the User and Rekola are governed by Polish law, in particular the provisions of the Civil Code, the Consumer Rights Act and the Act on provision of electronic services. The choice of law does not deprive a User who is a consumer of protection granted to them under provisions which cannot be excluded by agreement under the law of the state of their habitual residence.
8.1.3 Communication between the User and Rekola takes place in Polish or English, at the User's choice.
8.2 Changes to the Terms of Service
8.2.1 In order to improve the quality of services, in connection with changes in regulations or business policy, Rekola is entitled to change these T&C or the Personal Data Processing Policy. Rekola will, at its discretion, choose one of the following methods of informing about a change:
a) Active consent: Rekola will ask the User for consent directly in the Application. Until consent is given, the User will not be able to use the Application and new functionalities; or
b) Notice (Newsletter): Rekola will inform about the change via the informational Newsletter no later than 30 days before the change takes effect. If the User does not terminate the Contract within this period (in accordance with clause 8.2.2.), it is deemed that they accept the change.
8.2.2 A change to the T&C or Personal Data Processing Policy entitles the User to reject the changes and withdraw from the Contract for this reason. Withdrawal from the Contract must be delivered to Rekola at least one day before the date on which the change to the T&C or Personal Data Processing Policy takes effect, in accordance with the delivery rules (see clause 4.). If the User does not exercise the right to withdraw from the Contract after notification of a change, this is deemed acceptance of the change.
8.2.3 If any provision of the Contract, T&C or Data Processing Policy is found invalid or unenforceable or becomes invalid or unenforceable, this will not affect the validity and enforceability of the remaining provisions of the Contract or T&C.
8.3 This Terms are translation of Polish Terms to English language. In case of discrepancies the Polish version prevails.
8.4 Validity and effectiveness
8.4.1 These T&C enter into force on 21 March 2026. For each User, the T&C become effective upon giving consent in the Application (during registration or in accordance with clause 8.2.1 lit. a). Until such consent is given, the relationship between Rekola and the User is governed by the version of the T&C that was previously effective for that User.

Annex No. 1 - Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

Addressee: REKOLA BIKESHARING PL Sp. z o.o., ul. Warszawska 40/2A, 40-008 Katowice, Poland, e-mail: info@rekola.eu
I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract for the provision of the following service(*):
Date of conclusion of contract(*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.