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RULES

TERMS AND CONDITIONS for using the TORVELO system in 2023-2024

Toruń City Bike

I. Preamble

These Terms and Conditions apply to use of the bike rental system provided by TORVELO – Toruń City Bike, operating within the administrative boundaries of the city of Toruń in accordance with Appendix 3 to the Terms and Conditions.

The Terms and Conditions are available for users for free during registration process on the www.torvelo.pl website and the mobile app, and the shortened version is available on the TORVELO terminals.

II. Definitions

2.1. Terms and Conditions - these Terms and Conditions applying to use of the TORVELO, the scope of rights, obligations and possible liability of the Operator and the Customer. Acceptance of and compliance with all the Terms and Conditions for using the system is a mandatory condition in the registration process in the TORVELO System. The Customer concludes an agreement with the TORVELO Operator upon the acceptance of the Terms and Conditions and registration in the TORVELO System.

2.2. Agreement - an agreement between the Customer and the TORVELO Operator, establishing mutual rights and obligations specified in the Terms and Conditions. The agreement is automatically concluded at the moment of registering the Customer in the TORVELO System and after submitting an acceptance of these Terms and Conditions. An integral component of this Agreement is an agreement concluded between the System Operator and the Ordering Party, the content of which may be made available by the Ordering Party under the Act on Access to Public Information.

2.3. TORVELO System - a 24/7 self-service bike rental system, including: the infrastructure, the software, the bikes and other devices required to prepare and run the TORVELO system and all activity required to run the www.torvelo.pl website, hereinafter referred to as "System".

2.4. Ordering Party - the City of Toruń - Municipal Roads and Public Transport Authority in Toruń, ul. Grudziądzka 159, 87-100 Toruń.

2.5. TORVELO Operator - an organizational unit that provides services related to the operation of the TORVELO System. The TORVELO Operator is BikeU Sp. z o.o., ul. Rondo ONZ 1, 00-124 Warszawa.

2.6. Customer - a person who has registered an account in accordance with the TORVELO Terms and Conditions, who has accepted the TORVELO Terms and Conditions and has paid the initial fee.

2.7. TORVELO service - technical support for the System dealing with the maintenance, allocation and repairs done within the TORVELO System.

2.8. Contact Centre - an element of the TORVELO customer service system, which allows customers to contact the TORVELO operator via the +48 56 64 17 990 phone numer and the bok@torvelo.pl e-mail. The contact details of the TORVELO Contact Centre are available on the website www.torvelo.pl, in the mobile app, on TORVELO terminals and on bikes. The Contact Centre operates 24/7 in Polish and English.

2.9. Operational area of the System - the area within the administrative borders of the City of Toruń, where it is possible to rent and return a bike. The map of the area is presented in Annex 3 to these Terms and Conditions.

2.10. Period of operation of the TORVELO System - the period in which the Operator provides the Customers with the TORVELO System is the same as the duration of the Agreement concluded between the Customer and the Operator. In accordance with the agreement concluded between the Operator and the Ordering Party, the TORVELO System will be available from March 1^st, 2023 to November 30^th, 2024.

2.11. TORVELO Station – an piece of infrastructure enabling rental and return of a bike in the TORVELO System, marked with the TORVELO System symbol, equipped with bike racks and a terminal. The map of TORVELO System stations is available at each TORVELO Terminal, on the website www.TORVELO..pl and in the mobile app, hereinafter referred to as "Station".

2.12. Bike rack - a bike parking stand at a TORVELO Station, equipped with an electric lock, hereinafter referred to as "rack".

2.13. Electric lock – a mechanism which releases and locks the bicycle in the rack.

2.14. TORVELO Terminal - a device located at a TORVELO Station intended for the user operations at a bike station. It provides a self-service rental and return of a bike, verifies the number of rented bikes and the balance on the Customer’s Account, integrates with the MIFARE® and MIFARE®PLUS card, provides access to the Short-Form TORVELO Terms and Conditions and map of the system operational area, provides the phone number to the TORVELO Contact Centre, hereinafter referred to as the "Terminal".

2.15. Combination cable lock - bike lock in a form of a cable with a combination lock, which all bikes are equipped with; it is required for the correct return of the bike at a station, provides safe parking of the bike during the rental and secures the bike against theft.

2.16. Customer login data - personal and unique login and PIN numbers assigned to the Customer automatically, which the Customer receives during the registration process in the TORVELO System. The login data is displayed on the computer or phone screen during the registration process and are sent via e-mail. The data is used to log in to the website, in the Freebike mobile application and at the Terminal. Moreover, the login is used to identify the Customer in the TORVELO System during contact with the Contact Centre. Sharing your login details with third parties is prohibited.

The customer may also integrate their electronic student ID or other compatible devices in accordance with the MIFARE® or MIFARE®PLUS standard, which perform the login function when logging in at the terminals.

2.17. Freebike mobile application - software designed to run on mobile devices, such as mobile phones, smartphones or tablets. The mobile app complements the TORVELO website but does not replace its operation. Any changes to the account should be made via the website www.torvelo.pl. The provider of the Freebike Mobile Application is Homeport. The application is available on iOS and Android and can be downloaded from the AppStore and Google Play respectively.

2.18. Table of Charges – a list of fees in the TORVELO System, which constitutes Appendix 2 to the Terms and Conditions. The Table of Charges is available on the www.torvelo.pl website, the Freebike application during registration and at every TORVELO Station.

2.19. Customer Account - the Customer's personal account in the TORVELO billing system, containing the payment history, history of bike rentals and returns, the period of operation as well as the Customer's personal and contact details.

2.20. PayU S.A. - PayU S.A. ul. Grunwaldzka 186, 60-166 Poznań - an online payment service provider supporting payments to the TORVELO System. By making a payment via PayU, the Customer accepts the service provider's Terms and Conditions.

2.21. Tariff – a set of rates and associated with them TORVELO System terms of use. Available tariffs: URBAN and TOURIST

2.22. The Refundable Initial fee - the entry fee of 10 PLN, paid once by the Customer during the registration process in the TORVELO System. This fee is available for the Customer to use for paying for the rentals in accordance with the Appendix 2 Table of Charges. The fee is required when using the URBAN TARIFF in the TORVELO System. The details regarding the refund process of the initial fee or the part of it not used for the rentals are depicted in the section XVI of the Terms and Conditions.

2.23. Top-up - a voluntary payment to the Customer's Account, fully available for the Customer to pay for the rentals in accordance with the Appendix 2 Table of Charges. The payment refundable in the case of Customer’s resignation from using the System , account deletion requested by the Customer in 14 days from the registration time.

2.24. Subscription – a one-time, non-refundable fee of 15 PLN paid by the Customer in order to activate the TOURIST TARIFF active for 24 hours since the moment of successful money transfer.

2.25. Handling fee - a fee charged by the Operator in the event of incurring additional costs related to the incorrect return of the bike by the Customer, related to partial or complete restoration of the bike.

2.26. Rental time - time counted from the start of the bike rental (entering the correct login number and PIN) until the correct return of the bike to the rack at the TORVELO Station (placing the bike in the electric lock and making sure that the bike does not slide out of the electric lock by pressing the button on the lock to check if the indicator light is red) or returning with a combination lack (only if there is no free locks at the Station). The rental time is calculated in seconds.

2.27. Bike rental – the period during the bike is used by the Customer. Bike rental is described in section VIII of these Terms and Conditions: "Bike rental".

2.28. Bike return – the moment of ending the rental at any TORVELO Station. The return of the bike is described in point XI of the Terms and Conditions: "Bike return".

2.29. Bike return using the combination lock – the moment of ending the rental by attaching the combination lock to any TORVELO Station, only when there are no free locks at the Station or if the Station is malfunctioning. This type of return should immediately be reported to the Contact Centre by calling the phone number provided.

2.30. Unauthorized ride - a bike ride not registered in the TORVELO system, charged according to the TORVELO Table of Charges.

2.31. Security measures - actions taken in the event of violation of these Terms and Conditions, described in section XV. "Security measures ".

2.32. Complaint - Customer's request to the Operator for a refund of an incorrectly charged fee for using the TORVELO system. The rules for filing complaints are described in section XV. "Complaints".

2.33. Special Actions - promotional and information campaigns carried out for TORVELO System Customers during the operation of the TORVELO System to promote the TORVELO System.

2.34. Bonus – a special action of the Operator allowing additional, non-refundable top-ups to the Customer’s Account in the TORVELO System. The bonus is fully available to use for paying for the bike rentals within the TORVELO System.

2.35. Effective return of a stolen or discarded bike to the Station – sliding the bike to the electric lock for it to register in the TORVELO System. Each return of such bike must be confirmed and noted by the TORVELO Contact Centre. A stolen bike must be visible to the Operator on their stolen bikes list.

III. Access to the System

3.1. Full access to the System is possible provided that the Customer meets the following technical requirements:

• an active e-mail account (e-mail address) enabling contact with the Operator / TORVELO Contact Centre;

• access to a device enabling telephone contact with the TORVELO Contact Centre, especially during the rental;

• access to a device that allows browsing websites with an installed operating system that allows the device to work with one of the following web browsers installed: Mozilla Firefox, Microsoft Internet Explorer, Google Chrome, Opera, Safari;

• an active connection to the Internet;

• Java Script enabled in the web browser used by the Customer (enabled by default in the web browser).

3.2. The TORVELO System Operator informs that it is also possible to use other operating systems and web browsers on the Customer’s device referred to above. However, in such a situation, due to technological reasons, the Operator cannot ensure proper operation.

3.3. The Operator also provides the latest version of the Freebike mobile app. The Customer should always install the latest available version or download its update for the application to work properly.

IV. General Conditions for the use of the TORVELO System

4.1. To use the TORVELO System the Customer must complete the registration process and accept the Terms and Conditions. The registration process is described in section VI. of the Terms and Conditions: "Registration".

4.2. By registering in the TORVELO system, the Customer agrees to the processing of their personal data. The rules for the processing of personal data are described in section VII. of Terms and Conditions: "Personal data protection".

4.3. To use the TORVELO system the Customer must maintain a minimum balance of 10 PLN.

4.4. The rental and return of a TORVELO bike is only allowed at the TORVELO stations available within the administrative borders of the city of Toruń in accordance with the Appendix 3 to the Terms and Conditions.

4.5. The Customer may rent one bike suing the URBAN TARIFF and two bikes using the TOURIST TARIFF. The Table of Charges is attached as Appendix 2.

4.6. Minors, i.e., persons younger than 18 as well as other persons having limited capability to comply with the law shall provide the TORVELO Operator, prior to entering into the agreement, a written consent from their parents or other statutory representatives to enter into the agreement as well as a statement on accepting TORVELO Terms and Conditions and assumption thereby of liability for any damages consequent to, in particular, the non-compliance with the Agreement.

The template of the statement is attached as Appendix 1 to the Terms and Conditions and is available on the website www.torvelo.pl. The statement must be delivered to the TORVELO Operator by sending it by registered mail to the address of the TORVELO System Operator, whose current data is available on the website www.torvelo.pl. The use of a rented bicycle by minors shall be possible with having a valid bicycle driving licence or a driving licence in a relevant category.

V. Responsibility / Obligation

5.1. The Customer is responsible for the use of the bike in accordance with the Terms and Conditions and to abide by the Highway Code.

5.2. The Customer is obliged to return the bike in the similar or exact condition from the one in which they rented it.

5.3. The Customer is obliged to return the bike within 12 hours of rental when using the URBAN TARIFF and within 24 hours of rental when using the TOURIST TARIFF.

5.4. The obligation indicated in point 5.3 does not apply to customers during special situations.

5.5. During the rental period, the Customer is obliged to ensure that the bike is properly and effectively secured against theft and any damage, e.g., with a combination lock with which the bike is equipped or by not leaving the bike unattended.

5.6. Providing access to bike or the Account to a third-party by the Customer, violating the Terms and Conditions’ regulations, does not free them from the responsibility of ensuring the bike does not sustain damage or get stolen, until the bike is properly returned to the TORVELO Station.

5.7. It is forbidden for two or more people to use the bike at the same time; otherwise the Operator will use security measures.

5.8. The Customer is fully responsible for the consequences of events resulting from the breach of applicable law and the Terms and Conditions while using the TORVELO System. The TORVELO Operator does not bear any responsibility in this respect.

5.9. It is forbidden to use a locking device that is not an element of the TORVELO System to lock a bike at a TORVELO Station. The TORVELO Operator reserves the right to remove the improper bike lock used by the Customer and charge a fee for it in accordance with the Table of Charges.

5.10. In the event these Terms of Conditions’ regulations get breached, especially if the breach results in damage done to the Operator or their property, the Operator reserves the right to block the Customer’s Account until the matter is settled.

5.11. The Customer is obliged to immediately notify the TORVELO Contact Centre of a bike theft made during the bike rental and immediately report the theft to the nearest Police station. The Customer is responsible for the theft of the rented bike and bears financial responsibility for it in the event of its inadequate protection against theft during the rental referred to in section 5.5. of the Terms and Conditions. Instructions for reporting the theft of a bicycle are available at www.torvelo.pl.

5.12. The Customer is obliged to immediately call the Contact Centre if they have a problem with the rental or return of the bike, in case of finding any issues with the bike, or malfunction of the TORVELO System infrastructure, in particular issues appearing while the bike is being used. In the event of a defect which prevents the safe use of the bike or which may lead to damage to the bike, the Customer is obliged to immediately return the bike to the nearest TORVELO Station and report this fact to the Contact Centre.

5.13. The Customer is fully responsible for the rented bike from the moment the rental begins and the bike is removed from the electric lock until it is returned to a TORVELO Station and put back into and electric lock, with the 4.6 point of these Terms and Conditions being the only exception. The Customer Is especially responsible for any damage to the rented bike intentionally or as a result of their mistreatment of the bike.

5.14. The Customer is obliged to immediately pay all costs, fines and administrative fees imposed on them for using the bike in violation of the applicable law and the Terms and Conditions.

5.15. In the event of destruction / damage done to the TORVELO System infrastructure (Bikes, Terminals, TORVELO stations), the Customer will be obliged to cover all repair costs. The TORVELO Operator shall issue a bill or a VAT invoice to the Customer for the repair of the destroyed / damaged TORVELO infrastructure and deliver it via e-mail to the e-mail address provided during registration and charge the balance on the Customer Account.

5.16. The TORVELO operator reserves the right to: notify the relevant law enforcement authorities of the discovery of intentional damage to the TORVELO System or other acts of vandalism, the occurrence of the damaging party's liability for damages / destruction, and the necessity to bear any costs incurred by the damaging party as a result of damage / destruction.

5.17. Any possible damage resulting from non-compliance with the rules, only in cases attributable to the Customer, shall be borne in full by the Customer.

5.18. It is forbidden to use the TORVELO System by persons under the influence of alcohol or other intoxicants, psychotropic substances or substitutes within the meaning of regulations on counteracting drug addiction; strong antiallergic drugs, other drugs contraindicated for driving.

5.19. The bicycle in the TORVELO system is equipped with a basket located at the front of the bike, designed only for transporting light items. It is not allowed to transport heavy items in the basket for safety reasons and for fear of damage to property. The weight of the basket insert cannot exceed 10 kg. It is not allowed to transport objects with sharp edges and significantly protruding beyond the rim of the basket. Transporting children and pets is strictly prohibited. In the event of an accident caused by improper use of the basket, liability and all costs all resulting therefrom shall be borne by the Customer. The TORVELO operator shall not be liable for any damage to the items or goods transported in the basket.

5.20. The Customer is obliged to use the bike in accordance with its intended purpose. The TORVELO bicycle, which is a means of public transport, is intended to move between TORVELO Stations. It is forbidden to use the bikes for competitive riding, off-road riding, and stunt tricks, do not race and use the bike to push or pull anything.

5.21. Exceeding the 12-hour period of using a bike results in additional costs specified in the Table of Charges - Appendix 2.

5.22. The TORVELO System bikes can be used solely for non-commercial purposes and solely for the Customer's personal use.

5.23. The Customer is obliged to act in a manner limiting the possibility of causing damage or being liable for any reason due to improper use of the bike.

5.24. The Customer is obliged to be able to contact the TORVELO Contact Centre at all times when renting a bike.

VI. Registration

6.1. Registration, paying the refundable initial fee and keeping the Account balance at 10 PLN minimum is mandatory for using the TORVELO System.

6.2. The customer may register an account using the website www.torvelo.pl or the Freebike app. Additionally, the Operator allows the possibility of registration by telephone with the Contact Centre, whereby the Customer is obliged to complete the registration on his own by paying the initial fee.

6.3. To register in the TORVELO System, the Customer must provide their true and correct personal data (name, surname, address (street, house / flat number, postal code, city) and contact details, i.e. e-mail address and phone number), accept the Terms and Conditions, agree to the processing of personal data and pay a one-time initial fee of 10 PLN. The rules for the processing of personal data can be found in section VII. "Personal data protection".

6.4. In the event of providing incorrect or incomplete personal and / or contact data, the TORVELO Operator reserves the right to block the Customer's account until they are completed / corrected, about which the Customer will be notified via e-mail. In order to unblock the account, the Customer is obliged to inform the Contact Centre about completing / correcting the data.

VII. Personal data protection

7.1. The administrator of personal data is the TORVELO System Operator: BikeU sp. z o.o. with headquarters in Warsaw (00-124 Warszawa) at Rondo ONZ 1, NIP: 5213639556, REGON: 146369479, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000443118, share capital: PLN 25,000.00.

7.2. If a Customer has any questions regarding the protection of personal data, they can contact us as follows:

• by traditional mail to the address of the registered office of BikeU sp. z o.o., ul. Rondo ONZ 1, 00-124 Warszawa,

• email at: ochronaadanych@torvelo.pl

7.3. Personal data provided by the Customer is processed by the TORVELO Operator solely for the purposes of the TORVELO System operation, for the performance of the Agreement, for handling complaints and for establishing, investigating or defending any claims.

7.4. The basis for the necessity to process the Customer's personal data by the TORVELO Operator is the contract concluded and being performed between the TORVELO Operator and the Customer, the conclusion of which takes place through the Customer's acceptance of the Terms and Conditions, the obligation to fulfill legal obligations, as well as the legitimate interest pursued by the TORVELO Operator (in particular establishing, investigating or defense of claims).

7.5. The recipients of Customers' personal data will be:

a) the Ordering Party: The Council of the city of Toruń - Municipal Roads and Public Transport Authority in Toruń, with its headquarters being located at ul. Grudziądzka 159, 87-100 Toruń with adherence to the terms specified in the contract between the Ordering Party and the TORVELO System Operator;

b) entities acting on behalf of the TORVELO Operator on its behalf, which provide and support the TORVELO Operator's ICT systems (general ICT infrastructure, e-mail, etc.), in particular a provider of technical and ICT infrastructure, software for the TORVELO System and bicycles;

c) independent administrators - service providers that support internet payments and credit or debit cards;

d) public entities authorized under the applicable law to receive personal data (e.g. the police).

Personal data will be made available only if there is a legal basis for it. In the case of entities providing services to the TORVELO System Operator (i.e. acting on his behalf and on his behalf), the Operator will conclude a data processing outsourcing agreement, and the data will be entrusted only to entities that guarantee an appropriate level of security of the entrusted personal data.

The TORVELO System Operator ensures that all its employees and associates processing personal data of customers are authorized to do so, and are also obliged to keep all information confidential and confidential.

7.6. In connection with the processing of personal data, the Customer has the right to:

• request more information on how their personal data is used;

• request access to personal data and to provide a copy of the data provided to the TORVELO Operator;

• receive in a structured, commonly used and machine-readable format the personal data that was provided and - if technically possible

• request the transfer of such data to another administrator without any obstacles, if their processing is based on consent or a contract and in an automated manner;

• demand the correction of any inaccuracies in the data held by the TORVELO Operator;

• request the deletion of any data for the processing of which the TORVELO Operator no longer has a legal basis;

• make an objection to a given processing based on a legitimate interest for reasons related to the specific situation of the Customer, unless our grounds for processing override the interests, rights and freedoms of the Customer;

• request the restriction of data processing, e.g. for the time the complaint is processed;

• lodge a complaint with the supervisory body - the President of the Personal Data Protection Office.

The Customer can exercise the rights indicated above, excluding the last point, by:

(1) e-mail contact at the following address: ochronadanych@torvelo.pl

(2) a traditional letter sent to the address of the TORVELO Operator.

7.7. The Customer's personal data is not transferred outside the European Union or the European Economic Area.

7.8. The provided personal data and data collected in connection with the rental or return of the bike on the basis of the Customer's activity are not subject to any profiling activities, nor are they the basis for automated decision making.

7.9. Each customer who has completed the registration process, after logging in to the TORVELO System, has access to all his data and has the possibility to update them in the TORVELO System and access to transactions and rentals for the duration of the Agreement.

7.10. 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 bicycle rental services to the TORVELO System Organizer. The Operator will also store the Customer's personal data as necessary to comply with legal obligations, resolve disputes or enforce the provisions of concluded contracts (in particular towards the TORVELO System Organizer and the Customers).

If it is not necessary to process the personal data of the Customers for the purposes specified in the Terms and Conditions, we will delete the Customer's personal data.

VIII. Payment

8.1. All payments in the TORVELO System are made via PayU S.A.

8.2. All payments are made to a dedicated Customer account on the website www.torvelo.pl and in the mobile application.

8.3. The moment when the Customer receives the payment confirmation by e-mail to the e-mail address provided by the Customer is considered to be the correct payment. A correctly credited payment can be verified on the Customer's account after logging in to the website or in the application.

8.4. As soon as the payment is properly credited, the Customer will be able to start using the TORVELO System.

8.5. The TORVELO Operator is the owner of the prepaid accounts of the Customers.

8.6. The initial fee and top-ups on the Customer's Account are non-refundable during the period of the Agreement with the TORVELO Operator and after its termination.

8.7. At the Customer's request, the TORVELO Operator will provide the Customer with a VAT invoice for the paid journey. For this purpose, the Customer should email the Operator at: bok@torvelo.pl and provide the data necessary to issue a VAT invoice, date and time of bike rental and bike number.

IX. Bike rental

9.1. Bike rental is allowed only at TORVELO Stations.

9.2. There are two ways to rent a bike. By:

• using the login and PIN at the Terminal and following the instructions,

• Freebike mobile application available for Android and iOS.

The operator does not provide the possibility of renting a bike by contacting the TORVELO Contact Centre.

9.3. A correct rental consists of removing the bike from the electronic lock after renting it via the options provided and unlocking the combination lock, with which the bike is attached to the Station.

9.4. In order to detach the bike from the electric lock, approach the selected bike and hold the release button on the electric lock and then firmly pull the handlebar. The Customer has 60 seconds to detach the bike.

9.5. In order to unlock the combination lock the Customer needs to use the code available on the Terminal during the renting process or in the Freebike mobile app.

9.6. Any bike attached to the Station only via the combination lock is not available for rental and can only be retrieved by the service crew.

9.7. Before renting a selected bike, the Customer is obliged to ensure that the bike is fully functional for the agreed use, in particular that the tires of the bike are inflated and the TORVELO brakes are operational.

9.8. The Customer is obliged to inform the Contact Centre about any issues discovered while renting the bike. In case a discovered issue makes the bike use unsafe or may lead to any damage done to the bike, the Customer is obliged to immediately return the bike to the nearest TORVELO station and inform the Contact Centre.

9.9. The rental and use of a defective bike by the Customer may result in their liability for any faults or damages.

9.10. The customer is obliged to call the Contact Centre immediately if they encounter any problems with the rental of a bike at the TORVELO Station; where they will be informed about the further procedure.

XI. Tariffs

10.1. The TORVELO System offers two distinct tariffs:

URBAN:
- any Customer can use this tariff, as long as they have selected it during the registration process and paid the refundable initial fee,
- the tariff is activated once the fee is properly processed,
- tariff is activate for the whole period described in the Agreement,
- the minimal Account balance is 10 PLN,
- the Customer can rent one bike per Account when using this tariff,
- the Table of Charges is provided as Appendix 2 to these Terms and Conditions;

TOURIST:
- any Customer can use this tariff, as long as they have selected it during the registration process and paid the subscription fee,
- the tariff is activated once the fee is properly processed,
- the tariff is active for 24 hours,
- the minimal Account balance is 15 PLN,
- the Customer can rent two bikes per Account when using this tariff,
- every rental within that 24 hour period is free,
- the Table of Charges is provided as Appendix 2 to these Terms and Conditions.

10.2. The requirements described in the section 10.1. are not considered during any special actions from the Customers, where a choice of tariff is not required.

XI. Repairs and Failures

11.1. Any defects of the bike found during the rental and / or failures of the bike infrastructure that prevent or may pose a threat to further use of the system should be immediately reported by the Customer to the TORVELO Contact Centre by telephone, mobile application or e-mail. Minor aesthetic defects do not constitute grounds for classifying a bicycle as defective.

11.2. A properly reported bike fault contains: bike number, name of the station on which it is located, and description of the fault.

11.3. A properly reported station fault contains: station number and description of the fault.

11.4. In the event of three unjustified reports of a fault or failure, the Operator reserves the right to implement security measures and impose a handling fee on the Customer.

11.5. It is forbidden to make any repairs, modifications or replacements of parts in the rented bike. The only authorized unit to perform these activities is TORVELO service crew.

XII. Bike return

12.1. The return of the bike is allowed only at TORVELO Stations.

12.2. The Customer returns the bike by locking it to a free electric lock at any TORVELO Station so the spike is in the electric lock and the handlebar in a straight line with the bicycle frame. The button should glow red, and after pressing it and pulling the bicycle towards you, the bicycle should remain in the electric lock. If the return is completed correctly, the lock will close automatically. Additionally the Customer is obliged to secure the bike to the Station by attaching the bike to the Station via the combination lock. The customer will be informed about it by e-mail to the e-mail address provided during the registration process. The Customer’s inability to access their e-mail inbox does not free them from the responsibility of ensuring the bike has been returned properly. It can be checked in the Freebike app or by contacting the TORVELO Contact Centre.

12.3. If it is not possible to use the electric lock (failure of the TORVELO station / of the electric lock or lack of a free electric lock at the TORVELO station), the Customer is obliged to effectively attach the bike to the station's fixed element with a cable combination lock and immediately finish the bike rental by calling the TORVELO Contact Centre. When calling the Contact Centre, the Customer is obliged to provide: their correct identification data, as described in the section 6.3. of these Terms and Conditions, the bike number and the number / name of the station. In case of doubts as to the correctness of the provided details, the Operator reserves the right to reject the bike return procedure and ask the Customer to call the Contact Centre again.

12.4. The operator provides the Customer with the possibility to verify the correctness of the return by:

• telephone - TORVELO Contact Centre,

• mobile application,

• webpage,

• message about the return of the bike sent automatically to the Customer's e-mail address,

• terminal at the station.

12.5. The customer is obliged to call the Contact Centre immediately if they encounter any problems with the return of the bike at the TORVELO Station, where they will be informed about the further procedure.

12.6. In the event of an incorrect return of the bike, as referred to in paragraph 12.2 and 12.3, the Customer is charged with the fee of its further rental and is responsible for any damage or theft.

12.7. In the case of an accident or collision during bike rental, the Customer is obliged to write a statement or call the Police to the site and send the statement to the TORVELO System Operator within 7 days from the date of the event by registered mail to the postal address or to the e-mail address: bok@torvelo.pl. Moreover, the Customer is obliged to immediately inform the TORVELO Contact Centre of this fact.

12.8. The Customer is obliged to return the bike within 12 hours when using the URBAN tariff and within 24 hours when using the TOURIST tariff.

12.9. The Customer is obliged to return the bike to the electric lock at any TORVELO Station and to attach it to the Station via the combination lock. Non-compliance will result in safety measures being introduced.

XIII. Not returning the bike within the time limit

13.1. Not returning the bike within 12 or 24 hours of rental according to the tariff used is treated as a breach of the Terms and Conditions by the Customer, and thus a breach of the agreement with the TORVELO Operator, which will result in charging fees according to the Table of Charges and implementation of the security measures.

XIV. Fees

14.1. The fees for renting a bike are charged according to the Table of Charges from the moment of renting a bike until its correct return at a TORVELO Station.

14.2. Fees for using the TORVELO System depend on the length of the bike rental period. The rental time is divided into hourly slots, except for the first hour of rental, during which the first 20 minutes of rental are free of charge. The fee for a one-time rental is the sum of the fees for subsequent time intervals, e.g. the cost of a rental for 80 minutes is PLN 1 + PLN 4 = PLN 5.

14.3. If the fee charged for renting a bike or other fee resulting from the Table of Charges is higher than the funds accumulated on the Customer's Account, the Customer is obliged to pay the amount due within 21 days; otherwise, security measures will be launched.

14.4. If the Customer receives a voucher, its purpose, value and validity are determined by the Operator. The amount of such top-up is non-refundable, i.e. it is not possible to withdraw funds.

14.5. All payments made to the Operator's account during the period of operation should be fully used for bike rentals in the TORVELO System. Season 2024 starts March 1st and ends November 30th

XV. Complaints

15.1 A complaint regarding an incorrectly charged fee for the use of the TORVELO system shall be submitted via email to: reklamacje@torvelo.pl within 14 days from the occurrence of the event subject to the complaint.

15.2. A correctly submitted complaint must include the Customer's identification data as referred to in section 6.3. of the Terms and Conditions, details of the rental: name of the rental station, name of the return station, date and time of the rental, duration of the rental, the charged fee, description of the event with a particular emphasis on the method of returning the bike and the method of verifying the rental completion. The complaint should be sent from the e-mail address provided on the Customer's account. The operator provides access to the complaint forms in editable (.docx) and print (.pdf) versions, which are available at www.torvelo.pl. The completed form should be sent by e-mail to the address: reklamacje@torvelo.pl.

15.3. If complete data is not provided, as referred to in point 15.2. of the Terms and Conditions, the Operator shall request the Customer to complete the information; the Operator reserves the right to leave the complaint unresolved until all the required data is provided.

15.4. The TORVELO Operator shall resolve a complaint within 21 days from its receipt or amendment. Should the complaint need to be completed, the deadline for resolving the complaint runs from the date of the receipt of the completed data, additional explanations or information.

15.5. Personal data is processed until the complaint procedure is exhausted and any proceedings triggered by it, the customer's claim is recognized and for evidence purposes. In the event of a notification within this period (e.g. a claim for redress, compensation for damage) - the data is processed in the time necessary to determine the possible liability of the TORVELO Operator or the Customer and the execution of the judgment issued in the case.

15.6. The Customer has the right to appeal against the Operator’s decision within 14 days of its receipt by the Customer. Appeals shall be processed within 21 days from their receipt on the e-mail address: reklamacje@torvelo.pl. The customer has the right to apply to re-examine the case being the subject of the decision or file a suit with the competent common court in Bydgoszcz.

15.7. The customer has the right to claim compensation for non-performance or improper performance of the service before a court of law only after the complaint procedure has been exhausted. The complaint procedure is considered exhausted also when the TORVELO Operator fails to provide a resolution of the complaint within 1 month from the date of the complaint.

15.8. The liability of the TORVELO Operator for non-performance or incorrect performance of the service is limited to the actual damage, and does not include lost profits.

XVI. Withdrawal or Termination of the Agreement

16.1. The customer has the right to withdraw from the Agreement without giving any reason within 14 days from when the registration is completed, provided that the service is not used.

16.2. Withdrawal from the Agreement shall be submitted by sending a statement of will of the Customer which shall be indisputable in regards to its intention to the email address: bok@torvelo.pl along with the data enabling Customer’s identification, as referred to in point 6.3. of the Terms and Conditions. The template of the statement is available at www.torvelo.pl.

16.3. The refund order is made within 14 days from the receipt by the Operator of a correctly completed statement of withdrawal from the Agreement.

If complete data is not provided, the Operator shall request the Customer to complete the required information. Operator reserves the right to leave the application unresolved until all the required data is provided.

16.4. The Customer has the right to cancel the Agreement with the TORVELO Operator at any time during the period of operation of the TORVELO System.

16.5. The cancellation of the Agreement shall be submitted by sending a statement of will of the Customer which shall be indisputable in regards to its intention to the email address: bok@torvelo.pl, along with the data enabling the Customer's identification. Cancellation of the Agreement is possible only when the balance on the Customer's account is not negative. Should the balance be negative, it is necessary to pay the amount due before submitting the statement. A template of the cancellation of the agreement statement is available at www.torvelo.pl.

16.6. The cancellation of the Agreement is effective within 14 days from the receipt of completed statement of the cancellation of the Agreement to the TORVELO Operator. If complete data is not provided, the Operator shall request the Customer to complete the required information. Operator reserves the right to leave the application unresolved until all the required data is provided.

16.7. The initial fee or the unused part of it, available on the Customer’s Account, excluding any unused bonuses, are refundable only in the events of withdrawal or termination of the Agreement with TORVELO or with TORVELO System’s closure at the end of the current Agreement with the city of Toruń.

16.8. The refundable initial fee or the unused part of it is returned to the same payment source from which it had been paid. The refund is made within 30 days since the formal resignation is provided by the Customer to the zwrot@torvelo.pl address, as long as the Customer provides the following details:

login,
first and last name,
home address,
e-mail address used for payment via PayU,
the bank account’s number,
the amount of money available on the Customer’s Account (excluding bonuses).

16.9. The Customer should fully use the funds available on their Account. The Operator does not refund top-ups left on the Customer’s Account after the operational period of the System has ended

XVII. Security measures

17.1. Should the Customer breach the Terms and Conditions, the TORVELO System Operator reserves the right to implement security measures, such as:

temporary or total blockade of the Customer's Account,
charging a handling fee,
making a telephone or e-mail contact with the Customer in order for them to voluntarily settle the amount due when the Customer's Account balance is negative,
blacklisting the Customer,
reporting cases of theft or damage to the TORVELO System property to the competent authorities authorized to prosecute and punish the perpetrators,
termination of the Agreement referred to in point 17.2.

17.2. The TORVELO Operator reserves the right to terminate the agreement on participation in the TORVELO System at any time in the event of a breach by the Customer of the Terms and Conditions, in particular in the event of:

providing incorrect or incomplete data during the registration process, described in the section 6.3. of these Terms and Conditions,
registration and use of TORVELO System bikes by a minor without submitting a signed "Statement on Registering with Parental Consent" referred to in point 4.6,
failure to settle the amount due for exceeding the maximum permitted duration of the rental referred to in clause 12.8 and Table of Charges within 21 days,
failure to settle a negative balance within 21 days,
use of the bicycle and / or bicycle infrastructure in an unlawful manner,
unauthorized cycling,
bike theft,
not attaching the rented bike to the Station via the combination lock during the return process three times.

XVIII. Final Provisions

18.1. The TORVELO Operator reserves the right to amend the provisions of these Terms and Conditions. The customer will be informed about the change of the provisions by e-mail within 7 days from the planned change of the Terms and Conditions. Failure to object to the introduced changes within 7 days from the delivery of the new Terms and Conditions means acceptance of the changes introduced by the Customer. Failure to accept the amended Terms and Conditions results in the termination of the contract for the provision of services referred to in section XVI of the Terms and Conditions.

18.2. Renting a bike and accepting the Terms and Conditions are tantamount to a declaration of health that allows for safe use of the bike, as well as cycling skills and knowledge of the provisions of law in the field of the Highway Code.

18.3. The TORVELO Operator reserves the right to accept the return of the bike as a result of a notification or intervention by law enforcement services (Police, Municipal Police) towards the Customer whose behavior has been interpreted as threatening the safety or violating the provisions of the Road Traffic Law. This applies in particular to driving under the influence of alcohol or drugs. At the same time, the Operator may then temporarily suspend the Customer's account, preventing the continuation of the rental.

18.4. With the consent of the Ordering Party, the Operator may shorten the period of operation of the TORVELO System in the event of unfavorable weather conditions.

18.5. The Operator is not responsible for not fulfilling or improperly fulfilling the obligations under the Agreement caused by circumstances treated as Force Majeure. Force Majeure is understood as events beyond the Operator's control, which could not be foreseen or prevented, and which disrupt or prevent the fulfillment of the Agreement. The period of occurrence of the consequences of Force Majeure does not postpone the deadlines for the performance of services specified in the Agreement.

18.6. In matters not regulated by these Terms and Conditions, the applicable law shall apply.

18.7. If there is a conflict between the Polish version and any translation of these Terms and Conditions, the Polish version shall apply.

APPENDICES

The statement on registering with parental consent
Table of Charges
TORVELO System’s operational area (marked in green)

Appendix 1

STATEMENT ON REGISTERING WITH PARENTAL CONSENT
with the TORVELO System (Toruń City Bike)

In line with the provisions of chapter III (3.6) of the Regulations of the Toruń City Bike 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.

………………………. ………………………………
(place, date) (first and last name)

* - delete as applicable

Appendix 2

Table of Charges (gross)

URBAN TARIFF

A one-time, refundable initial payment – 10 PLN

0-30 minute rental* - 0 PLN + 0.25 PLN of charge for the rental

30-60 minute rental* - 1 PLN

60-120 minute rental* - 3 PLN

120-180 minute rental* - 5 PLN

Every consecutive hour* - 7 PLN

This tariff allows rental of one bike per account. The maximum time limit for a single rental is 12 hours. Exceeding this limit will result in charging the Customer 200 PLN of additional fees.

An effective return of a stolen or discarded bike to a Station will result in a 5 PLN bonus added to the caller’s account, provided they have an active TORVELO account (as per sections 2.34 and 2.35 of the Terms and Conditions).

Bike replacement cost – 3400 PLN

The cost of removing the non-TORVELO bicycle lock from the bike – 200 PLN

Minimal account balance required for rental – 10 PLN

*rental is counted in seconds

*fees for the rental add up to each other, e.g. an 80 minute long rental will cost 0.25 PLN + 1 PLN + 3 PLN = 4.25 PLN.

TOURIST TARIFF

A one-time, non-refundable payment – 15 PLN

Active immediately after the fee is processed.

Active for 24 hours.

Every rental within the 24 hour period is free.

This tariff allows rental of two bikes per account. The maximum time limit for a single rental is 24 hours. Exceeding this limit will result in charging the Customer 200 PLN per bike of additional fees.

Bike replacement cost – 3400 PLN

The cost of removing the non-TORVELO bicycle lock from the bike – 200 PLN

Appendix 3

The TORVELO System’s operational area (marked in green)

Strefa Użytkowania Torvelo_Załacznik nr 3 do Regulaminu