RULES AND REGULATIONS OF THE CARGO BICYCLE RENTAL SERVICE COMPANY

 

These Rules and Regulations define the principles of use of the cargo bicycle, model City One or Babboe Big (hereinafter referred to as: the Bicycle), owned by the Capital City of Warsaw, on behalf of which Zarząd Dróg Miejskich [Management of Municipal Roads] acts, ul. Chmielna 120, 00-801 Warsaw (hereinafter referred to as the Owner),

and made available by

CENTRUM ŚWIATOWIDA SP. Z O.O. z siedzibą w Warszawie przy ul. Komitetu Obrony Robotników 45a (kod pocztowy 02–146), wpisaną do rejestru przedsiębiorców Krajowego Rejestru Sądowego prowadzonego przez Sąd Rejonowy dla m.st. Warszawy w Warszawie, XIV Wydział Gospodarczy Krajowego Rejestru Sądowego pod numerem KRS 0000376009, zarządzającą centrum handlowo- usługowym Galeria Północna, ul. Światowida 17, 03-144 Warszawa (hereinafter referred to as the Rental Entity).

The use of the Bicycle is subject to the following rules:

1. The bicycle is intended to be ridden by a sober adult.

2. The bicycle is intended for a user with the maximum weight of 100 kg.

3. The bicycle may be rented upon confirmation of the availability of the bicycle on the desired date; to rent a bicycle, an enquiry shall be made at the following e-mail address: informacja@galeriapolnocna.pl, or by telephone (22) 812 84 84.

4. It is forbidden to exceed the permitted load capacity of the bicycle, which is 100 kg in case of a cargo box.

5. Children can be transported in the cargo box on designated benches (2 or 4 seats depending on the model). The total weight of the children should not exceed the maximum load capacity of the cargo box as specified in item 4 above. During the ride, children must use the safety belts provided for them as part of the bicycle equipment. When riding, children must remain seated and must not extend their arms or other parts of their body beyond the perimeter of the cargo box. During use, children must not consume solid food or liquids because of the risk of choking. Failure to comply with these rules may result in injury/personal injury to children or loss of health or life.

6. The bicycle is not designed to carry hazardous products, i.e. in particular corrosive, flammable ones, etc. Try to keep the centre of gravity of the load as low as possible. The load must be evenly distributed to avoid overloading the front of the bicycle, i.e. in front of the axis of the front wheels. The load should not protrude beyond the outline of the cargo box.

7. From the moment of rental throughout the entire period of bicycle use, the user of the bicycle must not be under the influence of alcohol or drugs. In case of doubt, the Rental Entity is entitled to demand immediate return of the bicycle or to refuse to provide the same. The Rental Entity may report the situation to the authorised bodies.

8. The bicycle is made available (rented) free of charge at the designated time and place for free use.

9. The bicycle is made available on the basis of these Rules and Regulations and a rental report signed by and between the Rental Entity and the User.

10. At the moment of rental the User is obliged to:
a. present a valid identity document with a photograph;
b. read the Rules and Regulations and sign the declaration of acceptance thereof;
c. leave the contact telephone number of the mobile phone they are carrying;
d. indicate the planned duration of the bicycle rental (the duration of the bicycle rental cannot exceed 72 hours);
e. indicate to the Rental Entity the route or approximate area where the bicycle will be used;

11. The User’s personal data shall be processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation – “GDPR”). The controller of the Users’ personal data is the Rental Entity. The data processor is Diamentowe Szatnie Gerard Widuch, Maria Widuch s.c. in the scope of acceptance and release of bicycles. The Users’ personal data shall be processed exclusively for the purposes related to the performance of the agreement on the provision (rental) of the bicycle (Article 6(1)(b) of the GDPR), as well as for the exercise and defence of possible claims related to the performance of the agreement (Article 6(1)(f) of the GDPR). The data may also be made available, for legitimate purposes, to the Owner and other public authorities or law enforcement and judicial authorities, on the basis and within the limits set out by generally applicable laws, in particular to exercise and defend possible claims related to the performance of the agreement or to ascertain the commission of criminal offences by the Users, as well as to insurance companies for the purpose of loss adjustment in connection with the use of the bicycle by the User. The data shall not be transferred to recipients in third countries and no automated decisions shall be made on the basis of the data concerning the Users. The provision of personal data is voluntary, but necessary for the purposes of renting a bicycle. If no data is provided or incorrect data is provided, the agreement cannot be concluded and the agreement already concluded may be terminated immediately by the Renal Entity. The User has the right to access their personal data, to rectify, erase or restrict its processing, as well as the right to data portability and to lodge a complaint to the supervisory authority (President of the Office for Personal Data Protection). The data shall be processed by the Rental Entity for the duration of the agreement on the provision (rental) of the bicycle and thereafter may be stored for a period of one (1) year. In cases where it is necessary to exercise or defend claims, the data may be processed for these purposes until the proceedings have become final and the adjudicated claims have been settled. If you have any questions regarding the processing of your personal data or wish to exercise the above rights, please contact us by e-mail at dataprotection@gtc.com.pl or by registered letter to the Rental Entity’s address.

12. The User is obliged to:
a. take care of the equipment entrusted to them, including its safety;
b. use the equipment in accordance with its intended use;
c. carry a working and active mobile phone specified in item 8 c) at all times while using the bicycle and keep in contact with the Rental Entity by means of this phone (receiving calls during the use of the bicycle while keeping the traffic safety rules in mind);
d. comply with these Rules and Regulations, applicable traffic regulations, local regulations and the Rental Entity’s reasonable recommendations;
e. return the bicycle to the rental service company from which it was rented, within the specified time and in a condition not deteriorated in relation to the condition in which it was released;
f. report any damage or defects of the rented bicycle;
g. inform about any damage caused by the bicycle to the property of third parties;
h. cover any and all costs of repair and restoration of the equipment to its original condition from before the rental in case of proven damage resulting from improper use.

13. The User is not allowed to make the bicycle available to third parties.

14. The User shall be fully financially liable for the entrusted bicycle and for damage occurring in connection with the use thereof. The value of any damage caused to the bicycle shall be determined by the bicycle manufacturer.

15. In the case of a breakdown or any damage to third party’s property the User is obliged to immediately notify the Rental Entity about it by calling the following telephone number: (22) 812 84 83.

16. In the case of a collision with another road user (bicycle, car, pedestrian) or any other damage to the bicycle resulting from its use in traffic or caused to the bicycle by a third party, the User is obliged to notify the Rental Entity about the fact at the telephone number specified in the preceding item and, if necessary, stay on the spot until the arrival of the relevant services (ambulance, police, municipal security guard services), unless it is in conflict with the need to obtain medical care or provide medical assistance to a third party. The User is obliged to take measures to minimise the damage caused and to avoid further damage and to secure the bicycle with a safety chain if possible.

17. The Rental Entity has the right to refuse the rental or to restrict the duration of the rental without giving any reason.

Any comments concerning the operation of the rental service company should be sent to: rowery@um.warszawa.pl