REGULATIONS for using the TORVELO System
The present Regulations set out the rules and conditions for using the TORVELO System - Toruń Public Bike Scheme TORVELO (Toruń Public Bike Scheme TORVELO), hereinafter referred to as the “TORVELO”, operating on the administrative territory of the City of Toruń accordance with Appendix no. 3 to the Regulations.
The Regulations are available free of charge at: www.torvelo.pl, and the Abbreviated Regulations, at the TORVELO Terminal.
2.1. Regulations – the present Regulations setting out rules and conditions for using the TORVELO, the scope of the rights, obligations and possible liability of the Operator and the Customer. Acceptance of the Regulations and meeting all the requirements defined therein shall be a condition for using the TORVELO System and a necessary condition during registration therewith. Upon the acceptance of the Regulations, completion of the registration process and payment of a relevant initial fee in the TORVELO System, the Customer enters into an agreement with the TORVELO Operator.
2.2. Agreement – arrangement between the Customer and the TORVELO Operator, regulating their mutual rights and obligations provided for herein. The Agreement with the contents including the provisions of the present Regulations shall be entered into automatically upon the Customer’s registration with the TORVELO System and submission thereby of a statement of accepting the Regulations and payment of the initial one-off, non-refundable fee during the process of registration with the TORVELO System.
2.3. Toruń Public Bike Scheme TORVELO / TORVELO System - technical infrastructure, software, devices, and bicycles operating around the clock, including the preparation and operation of the TORVELO System and activities connected with operating the internet portal www.torvelo.pl, defined also herein as the Rental.
2.4. TORVELO Operator – organisational unit providing services related to the management of the TORVELO System. BikeU Sp. z o.o., ul. Emilii Plater 53, 00-113 Warszawa shall be the TORVELO Operator.
2.5. Customer – user of the TORVELO System who registered with the TORVELO System, accepted its Regulations and paid the non-refundable initial fee in accordance with the fee schedule. 2.6. TORVELO Service – technical service of the system dealing with maintenance, allocation, and repairs of the TORVELO System.
2.7. TORVELO Helpline - Customer Service Office ensuring around the clock contact with the TORVELO Operator for the Customer by way of a telephone at 56 641 79 90, email at email@example.com. Information on the functioning of the TORVELO Helpline can be found at www.torvelo.pl, on the TORVELO terminal, and the bicycles.
2.8. System Area - shall be the area encompassing the administrative borders of the City of Toruń which the TORVELO System operates. This area is presented in Appendix no. 3 hereto.
2.9. TORVELO Station – place where bicycles are rented and returned by Customers, marked with the TORVELO System symbol, equipped with bicycle stands and a terminal. Information about TORVELO Station locations shall be placed at each terminal, at www.torvelo.pl, and at the TORVELO application.
2.10. TORVELO Stand – site for parking bicycles in the form a stand with an electric lock and equipment to secure a bicycle
2.11. Electric Lock - a mechanism to release and secure the bicycle at the docking stations
2.12. TORVELO Terminal - device used for renting and returning a bicycle, located at a TORVELO Station.
2.13. Customer Identifier - a personal set of characters in an alphanumerical form (Login and PIN) which the Customer receives during registration with the TORVELO System. It is necessary during authorisation at the TORVELO Station in order to rent a bicycle as well as when logging in at the personal TORVELO System account or the mobile application. The Login is used to identify the Customer in the TORVELO System and in interactions with the Helpline.
Every Customer may also register their Toruń City Card, electronic student identity card and other compatible carriers with the TORVELO System in accordance with the MIFARE® or MIFARE®PLUS standard which shall improve the bicycle rent process.
2.14. Fee Schedule – TORVELO System price list for services and fees shall constitute Appendix no. 2 hereto, available at www.torvelo.pl, the TORVELO application and the TORVELO Station.
2.15. Prepaid Account – personal account of the Customer in the settlement system of the TORVELO System, on which crediting and debiting operations related to using the TORVELO System in accordance with the Fee Schedule are executed. 2.16. PayU – internet payment system.
2.17. Paid Fee – amount paid by the Customer in the form of a prepayment (top-up) to the personal prepaid account of the Customer, which can be fully used for the payment of fees for
using the TORVELO System in accordance with the Fee Schedule; refundable in case of resignation.
2.18. Bicycle Rental – collecting a bicycle from a TORVELO Station using the Customer’s ID.
2.19. Bicycle Return – returning a bicycle to any operating TORVELO Station. Bicycle returns are described in item X of the Regulations “Return Procedure”.
2.20. Bicycle return by way of the security cable - returning a bicycle at any TORVELO Station solely in the case of a lack of free spaces in the lock or a failure of the station, consisting of securing the bicycle by way of a combination lock and immediately notifying the TORVELO Helpline of this fact or by way of the TORVELO mobile application.
2.21. Security Measures – measures taken in the case of a violation of the TORVELO System Regulations which include contacting the Customer, requesting that the Customer pay the amount due voluntarily if the balance of the prepaid account is not sufficient to cover the costs resulting from the use of the TORVELO System, and, should the Customer fail to pay the amount due, enforcing the payment. Each case of theft or damage of the property of the TORVELO System shall be reported to competent authorities that are sanctioned to prosecute and punish perpetrators of illicit acts regulated by art. 415-449
2.22. Initial Fee – one-off non-refundable minimal fee which the Customer shall pay to their personal account within the settlement system of the TORVELO System. The entire amount shall cover the first bicycle rentals by the TORVELO System Customer.
2.23. Handling Fee - a fee charged by the Operator at the moment of incurring additional costs connected with the improper return of a bicycle by the Customer.
2.24. Special Campaigns – promotional and informational campaigns conducted for the Customers of the TORVELO System during the operation period thereof aimed at promoting the TORVELO System.
2.25. Voucher – the Operator’s special campaign by which the Operator enables the possibility of additional toping-up of an account created within the TORVELO System.
III. General conditions of using the TORVELO System
3.1. In order to use the TORVELO System, the Customer shall: complete the registration process at www.torvelo.pl (or the mobile application), provide the required personal data, accept conditions set forth herein, and pay the initial non-refundable fee specified in the Fee Schedule.
3.2. By accepting the Regulations, the Customer consents to the processing of their personal data and to the receipt of informational materials used to promote the TORVELO System to the e-mail address indicated during the registration process. The personal data of the Customer shall be processed by the Operator solely for the purposes thereof related to the operation of the TORVELO System.
3.3. The TORVELO Operator shall allow the Customer to use a bicycle on the terms specified herein. The Customer undertakes to comply with the conditions hereof, in particular to pay fees in accordance with the Fee Schedule to the prepaid account indicated by the Operator.
3.4. The Customer shall be fully responsible for a bicycle from the moment it is rented i.e. undocked from a TORVELO Station, until it is returned i.e. docked at a TORVELO Station and the return procedure is completed, subject to point 3.6 of the present chapter hereof. The Customer shall in particular be liable for any and all damage caused through a fault of the Customer from the moment a given bicycle is rented at any TORVELO Station until it is returned to any TORVELO Station.
3.5. In the case of theft of a hired bicycle during the period of use, the Customer shall promptly notify both the TORVELO Helpline and the nearest Police Station about this fact. The Customer shall be held responsible, including financially, for theft of the rented bicycle only if it has been inadequately secured against theft during the rent period, e.g. not use a combination lock during stopovers.
3.6. Minors, i.e. persons under 18 as well as other persons having limited capability to perform acts in law shall provide the TORVELO Operator, prior to entering into the agreement, a written consent of their parents or other statutory representatives to enter into the agreement as well as a statement on accepting TORVELO Regulations and assumption thereby of liability for any damages consequent to, in particular, the non-performance or improper performance of the Agreement. The template of the statement is available at www.torvelo.pl. The abovementioned statement shall be delivered to the TORVELO Operator by registered letter or to the current address of the TORVELO Operator available at www.torvelo.pl. The use of a hired bicycle by minors shall be conditional on holding a valid bicycle driving licence or “a driving licence in a relevant category”.
3.7. Renting and returning a bicycle is allowed within the administrative boundaries of the City of Toruń accordance with Appendix no. 3 to the Regulations.
3.8. Customers of the TORVELO System shall have the right to rent one bicycle per one account. 3.9. Full access to the Service shall be possible if the Customer’s computer system meets the all the following technical requirements: holding an active e-mail account (e-mail address) enabling contact with the Operator/TORVELO Helpline, having access to a device that enables web browsing and is equipped with a pre-installed operating system enabling its use and one of the following internet browsers: Mozilla FireFox, Microsoft Internet Explorer, Google Chrome, Opera, Safari. having an active Internet connection; having the cookies acceptance option enabled in the Internet browser used by the Customer; 3.10. The TORVELO System Operator informs that it is also possible to use other operating systems and browsers on the terminal device mentioned above, however proper operations cannot be ensured due to technological reasons.
3.11. The Operator shall also provide the newest version of the Mobile Application available for devices with iOS, Android and Windows Phone operating systems. In order for the application to work properly, always install the newest available version.
IV. Liability / Obligation
4.1. The Customer shall be responsible to use the bicycle in line with the conditions hereof and the Traffic Code provisions.
4.2. The Customer undertakes to return the bicycle in a condition which is no worse than at the moment when it was rented.
4.3. The Customer undertakes to ensure that the bicycle is properly and effectively secured against theft and any and all damage during the period of use e.g. by securing it with a combination lock or not leaving it unattended.
4.4. Making the bicycle available by the Customer to third persons, contrary to the provisions hereof, does not release them from liability for its damage or theft up to the moment of returning the bicycle to the TORVELO Station.
4.5. The Customer shall be fully liable for the results of events in consequence of a violation thereby of the applicable legal provisions and the present Regulations when using the TORVELO System. The TORVELO Operator shall not be liable for such results.
4.6. The Customer shall be fully liable for a bicycle made available thereto from the moment it is rented until it is properly returned. Should the bicycle be returned improperly, the Customer shall be charged with the costs of the ongoing rent period and shall be liable for its possible theft or damage.
4.7. In case of an improper return of the bicycle through the fault of the Customer, they shall incur the costs of its ongoing rent and be liable for its theft and damage. In case of any difficulties with returning the bicycle, the Customer shall immediately contact the TORVELO Helpline.
4.8. The Customer shall promptly cover any and all costs, penalties, fines and administrative fees imposed on the Customer in relation to the use of a bicycle contrary to the applicable provisions of the law and the Regulations.
4.9. In case of destruction/damaging the TORVELO System infrastructure (Bicycles, Terminals, TORVELO Stations), the Customer shall cover any and all costs of repairs. The TORVELO Operator shall issue and provide the Customer with a bill or VAT invoice for the repair of the damaged TORVELO infrastructure.
4.10. Should the TORVELO System be damaged intentionally, the TORVELO Operator shall notify law enforcement; the person responsible for the damage shall be liable therefor and shall cover any and all costs resulting from the damage/destruction.
4.11. The Customer of the TORVELO System shall be fully liable for any and all damages consequent to the non-performance or improper performance of the agreement, only in cases where the fault rests therewith.
4.12. The use of the TORVELO System by persons under the influence of alcohol or other intoxicants, psychoactive substances or substitute items as understood by the provisions on combating drug addiction, powerful antihistamines, other medications the use of which is a contraindication to driving vehicles.
4.13. Exceeding the 12 hour period of bicycle rent shall cause additional costs set forth in the Fee Schedule.
4.14. Use of the TORVELO System bicycles may take place solely for non-commercial purposes and solely for the personal use of the Customer.
5.1. Registration with the TORVELO System shall be a prerequisite for using the TORVELO System.
5.2. Registration shall be performed at the www.torvelo.pl website and via the mobile TORVELO application. Additionally, the Operator allows registration via the TORVELO Helpline, by contacting the employee thereof. (The Customer shall make the payment on their own)
5.3. To register with the TORVELO System, Customers shall provide accurate personal data (first name, last name), address (street, building/apartment number, postcode, town) and contact data i.e. e-mail address and mobile phone number, consent to the processing of the Customer’s personal data in accordance with the Act of 29 August 1997 on personal data protection for the purpose of the performance of the agreement, as well as pay the amount of the initial one-off, refundable fee of PLN 10 (PLN ten) gross to the prepaid account. The Customer shall have the right to access and supplement their personal data. In the case of any change in the personal data/contact data, the Customer undertakes to promptly update the data in the TORVELO System. The administrator of the personal data shall be the TORVELO Operator.
5.4. Personal data shall processed solely for the operational needs of the TORVELO System and may be disclosed to other entities cooperating with BikeU only within the framework of binding legal provisions.
5.5. Personal, address and contact details shall be required during the Customer identification process in the TORVELO System.
5.6. Personal data provided by the Customer is processed by the TORVELO Operator solely for the purpose of the TORVELO System operation, to perform the Agreement, to consider complaints and to determine, assert or defend any claims.
5.7. The basis for the TORVELO Operator's personal data processing is the contract concluded between the TORVELO Operator and the Customer, which is concluded by acceptance of the Regulations by the Client, the obligation to fulfill legal obligations, as well as the legitimate interest pursued by the TORVELO Operator (in particular, determination, investigation or defense of claims).
5.8. The recipients of Customers' personal data will be:
a) Organizer of the TORVELO System: Municipality of Toruń - Miejski Zarząd Dróg in Toruń, ul. Grudziądzka 159, 87-100 Toruń on the terms specified in the contract between the Organizer of the TORVELO System and the Operator of the TORVELO System;
b) entities acting on behalf of the TORVELO Operator on its behalf that provide and support TORVELO Operator's IT systems (general ICT infrastructure, e-mail, etc.), in particular the technical and tele information infrastructure provider, TORVELO system software and bicycles;
c) independent administrators - service providers servicing online payments and using credit or debit cards;
d) public entities authorized under the applicable law to receive personal data (eg police).
Personal data will be made available only when there is a legal basis for it. In the case of entities providing services to the TORVELO System Operator (ie acting on its behalf and on its behalf), the Operator will conclude an agreement to entrust data processing, and the data will be entrusted only to entities that guarantee an appropriate level of security of entrusted personal data.
The operator of the TORVELO System ensures that all of its employees and associates processing the personal data of the clients have been authorized to do so, and also obliged to keep all information confidential and confidential.
5.9. In connection with the processing of personal data, the Customer has the right to:
- request further information on the use of his personal data;
- to request access to personal data and to provide a copy of the data that has been provided to the TORVELO Operator;
- receive, in a structured, commonly used machine-readable format, personal data that has been provided and, if technically possible –
- request that the data be transferred to another administrator without hindrance if its processing is based on consent or contract and in an automated manner;
- demand that any inaccuracies be rectified in the data of the TORVELO Operator;
- demand the deletion of any data for which the TORVELO Operator no longer has a legal basis;
- object to a given processing based on a legitimate interest due to reasons attributable to a particular Client's situation, unless our basis of processing is superior to the Client's interests, rights and freedoms;
- demand a restriction of data processing, e.g. for the time the complaint is processed;
- file a complaint to the supervisory body - the President of the Office for the Protection of Personal Data.
The above-mentioned rights, with the exclusion of the last point, can be used by: (1) email contact at the address: firstname.lastname@example.org; (2) written contact, via traditional mail to the address of the TORVELO Operator.
5.10. Please be advised that your personal data is not transferred outside of the European Union or the European Economic Area.
5.11. The provided personal data and data collected in connection with the rental or handover of the bike based on the Customer's activity are not subject to any profiling activities, nor are they the basis for automated decision making.
5.12. Each Client who has completed the registration procedure, after logging into the TORVELO System, has access to all their data and has the possibility to update them in the TORVELO System and access to transactions and loans for the duration of the Agreement.
5.13. Personal data will be processed by the TORVELO Operator as long as the Customer has an account in the TORVELO System, it will be necessary to provide services or for the period of providing bike rental services to the Organizer of the TORVELO System. The Operator will also store the Customer's personal data if necessary in order to meet legal obligations, settle disputes or enforce the provisions of the concluded agreements (in particular towards the Organizer of the TORVELO System and Customers).
If you do not need to process your personal data for the purposes set out in the Regulations, we will delete your personal data.
VI. Forms of Payment
6.1. The Customer shall pay a relevant fee by making a payment to the dedicated prepaid account. Payment to the prepaid account shall be made with the use of the internet payment service portal at www.torvelo.pl and the mobile application.
6.2. A properly credited payment shall be the moment the user receives a confirmation of payment by electronic means in the form of a text message to the email address and telephone number provided by the Customer during registration. The account balance is also available at the TORVELO User account.
6.3. At the moment of proper crediting the payment, the Customer shall be able to commence using the TORVELO System.
6.4 The TORVELO Operator shall be the owner of the prepaid accounts of the Customers.
6.5. During the term of the agreement with the TORVELO Operator, fees paid to the prepaid account of the Customer shall not be refunded.
VII. Bicycle Renting
7.1. A bicycle may be rented in two ways:
- via the TORVELO Terminal as allowed by bicycle availability at the station, after prior launch of the TORVELO Terminal, logging into the system with the Customer’s ID and following the instructions displayed on the TORVELO Terminal device.
- by way of the mobile application available for devices with Android, iOS and Windows Phone operating systems.
7.2. A condition for renting a bicycle shall be a valid TORVELO account defining the active status of the Customer i.e. proper registration thereof, a binding agreement and the prepaid account balance which shall be PLN 8.00
7.3. Before undocking a given bicycle from a stand, the Customer shall make sure whether the bicycle is fit for the agreed use, in particular whether the tires are inflated.
7.4. The customer shall report any and all defects found during bicycle use to the Helpline. If a defect is found that prevents the use of the bicycle in a safe manner or that can lead to its damaging, the Customer shall immediately report this fact to the TORVELO Helpline and return the bicycle at the nearest TORVELO Station.
7.5. Should the Customer rent and use a defective bicycle, they shall be liable for any and all resulting defects or damage.
7.6. In case of any problems whatsoever with renting a bicycle from the TORVELO Station or returning it thereto, the Customer shall immediately call the TORVELO Helpline. The TORVELO Helpline employee shall inform the Customer of the further action procedure.
7.7. The bicycles shall be equipped with a front basket meant for transporting light items only. Baskets shall not be loaded with heavy objects for safety reasons and to avoid causing damage to property. Baskets shall not be loaded with more than 10 kg. Baskets shall also not be loaded with objects with sharp edges and objects that significantly overhang the basket. Transporting children or animals is strictly prohibited. In case of an accident due to improper use of the basket, liability and any and all costs resulting therefrom shall be incurred by the Customer. The TORVELO Operator shall in no way be liable for any possible damage to the objects or goods transported in the basket.
7.8. Rented bicycles shall be used in accordance with their intended use. TORVELO bicycles, being a means of public transport, shall be used to commute between TORVELO Stations. It shall be prohibited to use the bicycles in question for high-performance riding, off-road riding outside paved roads, stunts, races, pulling or pushing any object whatsoever.
7.9. It shall be prohibited to use security devices that are not a part of the TORVELO System to lock a bicycle at a TORVELO Station. The TORVELO Operator reserves the right to remove a prohibited security device used by the Customer. Any and all costs of removing such a device shall be covered by the Customer in accordance with the Fee Schedule.
7.10. In case of a breach of the provisions of the present Regulations, in particular resulting in damages to the Operator, they reserve the right to block the Customer’s account until the case is clarified
VIII. Rent Period
8.1. The Customer shall be obliged to return a bicycle before expiry of the twelfth hour of rent.
8.2. The requirement indicated in point 8.1. shall not apply to Customers using special offers.
8.3. Exceeding the time of rent shall result in charging fees and penalties in accordance with the Fee Schedules and commencement of security measures.
IX. Repairs and Failures
9.1. Any and all failures shall be reported to the TORVELO Helpline by phone at +48 56 641 79 90 and via the mobile application. In the case of any failure that prevents the Customer from continuing travel, they shall stop and call the TORVELO Helpline to inform them of this fact and bring the bicycle to the nearest TORVELO Station.
9.2. The Customer undertakes to act in a way that limits the possibility of damage or any liability as a result of the improper use of a bicycle. The Customer shall ensure that they can contact the TORVELO Helpline at all times during the period of bicycle rental.
9.3. Independent repairs of any kind, modifications of the rented bicycle and replacing any parts thereof shall be prohibited. The only entity authorised to take such actions shall be the TORVELO Operator.
X. The RETURN Procedure
10.1. The Customer shall return the bicycle by locking it with any free electronic lock at any TORVELO Station so that the hub is placed in the lock and the handlebars are aligned with the bicycle frame. It is recommended to pull the bicycle towards oneself in order to ensure that it is properly secured. The lock shall close automatically.
It is recommended that the Customer make sure that the bicycle has been returned within the TORVELO System. This may be done by logging in to the terminal or via the mobile TORVELO application as well as by contacting the TORVELO Helpline.
10.2. Should there be no possibility to secure the bicycle in the electronic lock at the TORVELO Station (no open docks/failure), the Customer shall return the bicycle by way of a combination lock, by fastening the bicycle to the stand), and immediately conducting the return procedure by way of the mobile application or notifying the TORVELO Helpline of this fact stating the proper Customer data registered in the System as well as the bicycle number and the station name/number. In case of doubts as to the correctness of presented data, the Operator reserves the right to reject the bicycle return procedure and await further contact with the Helpline by the account owner.
10.3. In case of an improper return of the bicycle referred to in items X.10.1 and X.10.2., the costs of continued rent thereof as well as possible damage or theft shall be incurred by the Customer.
10.4. In the case of an accident or a collision during bicycle rental, the Customer shall prepare a statement or call the Police to the site and send the document within 7 days from the event to the TORVELO System Operator’s address or by email to email@example.com. Furthermore, in the case of the abovementioned event, the Customer shall immediately inform the TORVELO Helpline of this fact.
XI. Failure to Return the Bicycle by the Deadline
11.1. Should the Customer fail to return the bicycle prior to expiry of the twelfth hour of rent, it shall be treated as a breach of the Regulations and by extension, a breach of the Agreement with the TORVELO Operator by the Customer which shall result in commencement of the security measures and charging the fees in accordance with the Fee and Penalty Schedule.
12.1. The amount of the fee for renting a bicycle shall be defined based on the Fee Schedule available at www.torvelo.pl The fee shall be calculated based on the number of minutes of rent, from the moment a lock is released in the renting process, until ending the rent - a proper return of the bicycle to the TORVELO Station.
12.2. Fees for using the TORVELO System differ and depend on the length of the period of bicycle rent. The period for which fees are charged shall be divided into one-hour periods, except for the first hour after renting a bicycle, during which the first twenty minutes shall be treated as a separate period. The fee for a single rent shall be a sum of the fees for consecutive intervals, e.g. the cost of an 80 minute rent shall be PLN 1 + PLN 3 = PLN 4.
12.3. Should the fee charged for bicycle rental or another fee resulting from the Fee Schedule be higher than the means accumulated on the Customer’s pre-paid account, in order to continue use of the TORVELO System, the Customer shall bring the balance of the pre-paid account to at least PLN 0.00 within 14 days; otherwise security measures shall be launched.
12.4. Should the Customer receive a voucher or their account be promotionally topped-up, the use thereof shall be determined by the Operator. The amount shall be non-refundable, i.e. it shall be impossible to withdraw the funds. The voucher amount shall be used first. Amounts, expiry dates, and reasons for granting shall be presented in the binding regulations of current promotions available at: www.torvelo.pl
12.5. Any and all fees shall be paid to the Operator’s account in the effective period of the agreement, not be subject to reimbursement, and be fully used for bicycle rentals in the TORVELO System.
13.1. A complaint shall be a Customer’s demand issued via email to firstname.lastname@example.org to return the fee due to default or improper provision of the Rental Service by the TORVELO Operator, preferably in a period not exceeding 14 calendar days from the occurrence of such an event.
13.3. The TORVELO Operator shall process the submitted complaint within 21 days from the date of its receipt or supplementation. Should the complaint need supplementation, the deadline for its processing shall commence from the date of delivery of supplementing documents, additional explanations, or information. Subsequently, feedback shall be sent to the Customer’s e-mail address indicated during registration.
13.4. Should data or information provided in the complaint need to be supplemented, the Operator shall ask the complainant, before starting complaint processing, to supplement it to the extent necessary.
A properly submitted complaint must include the data of the User registered in the TORVELO system: first name, last name, address of residence, telephone number, and LOGIN enabling Customer identification; in of lack of any data whatsoever, the Operator shall leave the complaint unprocessed.
The Customer may use the complaint form available at www.torvelo.pl. The form is available for download in Word and PDF formats. It is to be filled out and sent to email@example.com
13.5. Submitting a complaint does not release the Customer from the obligation to timely implement their commitments towards the Operator.
13.6. The Customer shall have the right to appeal against the Operator’s decision within 14 days from its receipt by the Customer. Appeals shall be processed within 21 days from their receipt on the e-mail address: firstname.lastname@example.org.
The Customer shall have the right to submit an application to re-examine the case being the subject of the decision issued in result of the complaint or file a suit with the competent common court in Toruń
13.7. The Customer shall have the right to seek damages on account of default or improper provision of the service before a court of law only after the complaint procedure has been exhausted. The complaint procedure shall also be deemed exhausted when the TORVELO Operator does not provide feedback regarding the filed complaint within 1 month from the date of the complaint. The liability of the TORVELO Operator for the failure to provide the service or the improper provision of the service shall be limited to the actual damage and shall not include lost profits.
14.1. The Customer shall have the right to terminate the Agreement with the TORVELO Operator at any time during the effective period thereof.
14.2. Termination shall be effected electronically, by sending a message with a statement of will of the Customer which shall be indisputable in regards to its intention to the address: bok@Torvelo.pl along with data enabling the identification of the Customer, in particular: first name, last name, address, telephone number, and email address, in order to identify them within the TORVELO System. Agreement termination shall be possible if the balance on the Customer’s pre-paid account shall be positive. Should the balance of the pre-paid account be negative, the Customer shall top up the pre-paid account so that its balance is PLN 0.00 prior to sending a statement of will to terminate the agreement.
14.3. Agreement termination shall be effected within 14 days from the date of delivery of the termination notice to the Operator.
14.4. The Customer shall use the pre-payments made by the time the agreement expires. The Operator shall not reimburse any payments made which were not used.
XV. Final Provisions
15.1. The TORVELO Operator reserves the right to amend the provisions hereof. Information on amendments to these Regulations shall be sent to the e-mail address indicated during the process of registration with the TORVELO System. Lack of a written information on non-acceptance of Regulation amendments sent to the TORVELO Helpline within 7 days from sending it to the Customer shall mean their acceptance of the amendments introduced to the Regulations.
15.2. Renting a bicycle and acceptance of the Regulations shall be equal to a statement on the health condition enabling safe use of a bicycle and on cycling skill as well as knowledge of the law in the scope of the Traffic Code.
15.3. The TORVELO Operator reserves the right to terminate the agreement on participation in the TORVELO System at any time, for reasons such as:
- stating incorrect data during registration
- default on payment for exceeding the twelve hour bicycle rent period,
- registration in the TORVELO System and bicycle usage by a minor without submitting a signed “Statement on Registering with Parental Consent”
- default on settling the balance within 14 days
- use the bicycle in a manner contrary to the Regulations
- bicycle theft or damage
The Customer shall not have the right to file claims against the TORVELO System.
15.4. In matters not regulated herein, the applicable provisions of law shall apply.
15.5. In case of any discrepancies between the Polish and a foreign language version, the Polish version shall prevail.
Appendix no. 1
STATEMENT ON REGISTERING WITH PARENTAL CONSENT
with the TORVELO (Toruń Public Bike Scheme TORVELO)
In line with the provisions of chapter III (3.6) of the Regulations of the Toruń Public Bike Scheme TORVELO, I, the undersigned …………………………, holder of the identity card/passport* number: …………………………, PESEL number: …………………, residing at ………………….., acting as the statutory representative of: ………..……....… (first and last name of the minor), residing at …………….., PESEL number: ……………….., hereby declare that:
1. I consent to the registration of the aforementioned minor with the Toruń Public Bike Scheme TORVELO System, hereinafter referred to as TORVELO, in accordance with the TORVELO Regulations available at www.torvelo.pl
2. I have read the abovementioned Regulations, accept the contents and consent to the provisions thereof;
3. I undertake to cover any and all possible damage and claims consequent to the use of the TORVELO by the aforementioned minor;
4. I declare that the aforementioned minor holds a valid bicycle driving license or a driving license in a relevant category.
5. I consent to the processing of my personal data as well as the personal data of the aforementioned minor by the TORVELO Operator for the purposes of use thereof, pursuant to the provisions of the Act of 29 August 1997 on Personal Data Protection (Journal of Laws of 2002, No. 101, item 926), for the purpose of performance of the Agreement. I was informed that I have the right to access, correct, supplement or change the provided personal data. The administrator of the personal data shall be BikeU Sp. z o.o., ul. Emilii Plater 53, 00-113 Warsaw. Providing personal data is voluntary, however, it is necessary in order to use the TORVELO System services.
(first and last name)
* - delete as applicable
Appendix no. 2
TABLE OF CHARGES (gross amounts)
One-time, refundable initial payment - PLN 10
From 0 to 20 minutes * - PLN 0
From 20 to 60 minutes * - PLN 1
From 60 to 120 minutes * - PLN 3
From 120 to 180 minutes * - PLN 5
Each next hour * - PLN 7
It is possible to rent one bike on one account. The maximum time for renting a bike is 12 hours * exceeding this means imposing an additional fee of 200 PLN
TOURIST TARIFF 24H
One-time, non-returnable refundable initial payment - PLN 15
1440 minutes to use during 24 h
Possibility to rent two bikes on one account. The maximum time to rent a bike / bicycles is 24 hours * exceeding this means imposing an additional fee of PLN 200 for each bike.
Bike replacement cost - PLN 3400
The cost of rebuilding a special bike - a bicycle with electric assistance - PLN 14 000
Fees for removing the unlawful bicycle lock - PLN 200
Minimum account balance to borrow a bike - PLN 8
* Charging is provided in seconds. * Fees for individual time periods are added, eg for 80 minute borrowing. The client will pay PLN 1.00 + PLN 3.00 = PLN 4.00
Appendix no. 3
Area of Use of the Toruń Public Bike Scheme TORVELO
Map of the system implementation (green area)