Regulations

Regulaminy

Terms and conditions of electronically supplied services by Benefit Systems S.A.

These Terms and Conditions shall come into effect December 1, 2025

Terms and conditions of electronically supplied services by Benefit Systems 362 KB PDF

 

The regulations are valid until November 30, 2025

Terms and conditions of electronically supplied services by Benefit Systems 366 KB PDF

 

Terms and Conditions for card use under the Multisport Programme

Terms and Conditions for card use under the Multisport Programme into effect December 1, 2025

Terms and Conditions for card use under the Multisport Programme 154 KB PDF

 

The regulations are valid until November 30, 2025 

Terms and Conditions for card use under the Multisport Programme 94 KB PDF

Terms and Conditions of the “MultiSport Bike” Programme

The Regulations are valid until 24.08.2023r.

I. General provisions

  1. These Terms and Conditions set out the rules for the Public Bicycles System operated in the Cities Covered by the Programme as part of the Programme described below.
  2. These Programme Terms and Conditions shall be in force along with the Nextbike Terms and Conditions and the Privacy Policy, documents that are made available free of charge at www.nextbike.pl in a manner that enables viewing their contents, as well as their acquisition, reproduction and recording. These documents may also be obtained at the head offices of: Nextbike Polska S.A. and Benefit Systems S.A.
  3.  Any matters not regulated in the Programme Terms and Conditions shall be governed by the Terms and Conditions of the Public Bicycles Systems operated by Nextbike.
  4. The Programme laid down in these Terms and Conditions shall continue until 31 December 2021.
  5.  Contact details:

a) Benefit Systems S.A.: Plac Europejski 2, 00-844 Warszawa, e-mail: infolinia@benefitsystems.pl phone: 22 242 42 42 (calls charged at the operator’s rate);

b) Nextbike Polska S.A., ul. Przasnyska 6b 01-756 Warszawa, e-mail: info@nextbike.pl phone: 22 123 06 09 (calls charged at the operator’s rate);

  1. By creating an account as part of the Programme, the Eligible Participant may use bicycles in various cities of Poland where Nextbike Polska S.A. operates.

II. Definitions

  1. Program Terms and Conditions shall mean these Terms and Conditions of using the Programme by Eligible Participants.
  2. Nextbike Terms and Conditions (Public Bicycles Terms and Conditions) shall mean the terms and conditions of using Public Bicycles Systems in the Cities Covered by the Programme, in particular the conditions, rights and obligations, and the liability of the persons who choose to rent bicycles via the Public Bicycles Systems. Acceptance and fulfilment of all the Nextbike Terms and Conditions shall constitute the basis and condition of the authorisation to rent a bicycle in the relevant Public Bicycles System.
  3. Agreement shall mean the agreement between the Eligible Participant and the Operator setting out the mutual rights and obligations specified in the Nextbike Terms and Conditions. The Agreement containing the provisions of the Nextbike Terms and Conditions shall be understood as automatically concluded once the Eligible Participant signs up in the Public Bicycles System, and on the condition that the Eligible Participant submits a statement of acceptance of the Nextbike Terms and Conditions and the Programme Terms and Conditions.
  4. Cities Covered by the Programme shall mean the cities of Poland where the use of the Public Bicycles System has been covered by the Promotion. The list of Cities Covered by the Programme can be found at www.multisportbike/list-cities. The list of Cities Covered by the Programme may be changed as agreed between the Operator and the Programme Organiser.
  5. Cities Excluded from the Programme shall mean the cities of Poland where the use of the Public Bicycles System has been excluded from the Promotion. The list of Cities Excluded from the Programme can be found at www.multisportbike/list-cities. The list of Cities Excluded from the Programme may be changed as agreed between the Operator and the Programme Organiser.
  6. Programme Organiser shall mean Benefit Systems SA, with its registered office in Warsaw at the following address: Plac Europejski 2, 00-844 Warsaw, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS No. 0000370919, NIP [tax identification number]: 8361676510, REGON [business statistical number] 750721670.
  7. Operator shall mean Nextbike Polska S.A., providing services connected with handling the Public Bicycles System, ul. Przasnyska 6b, 01-756 Warszawa, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000646950, REGON [business statistical number] 021336152, NIP [tax identification number] 8951981007.
  8. Sports Card shall mean the MultiSport cards issued by the Programme Organiser that are active during the Programme period and that enable the use of sports facilities under the MultiSport Programme offered by the Organiser.
  9. Programme shall mean the possibility for the Eligible Participant to rent and use a bicycle free of charge once on any given day for the first 60 minutes of the rental period. The Programme shall not cover the electric bicycles system.
  10. Operator’s Privacy Policy shall mean the Operator’s document other than these Terms and Conditions, which sets out the conditions under which the Operator processes the Participant's personal data. The Privacy Policy is available at https://nextbike.pl/polityki-prywatnosci.
  11. Public Bicycles System shall mean the bicycle-sharing system started by the Operator in the Cities Covered by the Programme, including in particular bicycles, technical infrastructure, software and equipment enabling the rental of bicycles.
  12. Operator’s Schedule of Fees and Penalties shall mean the price list for services and fees related to the use of the Public Bicycles System, which is available in the relevant Nextbike Terms and Conditions and which is an integral part of the Agreement. In accordance with Programme rules, the fee specified in the Operator’s Schedule of Fees and Penalties shall apply to the first paid rental on a given day of more than 60 minutes, as well as to every subsequent rental of more than 20 minutes on a given day.
  13. Eligible Participant shall mean the user of an active Sports Card who has joined the Programme by accepting the Programme Terms and Conditions, and the relevant Nextbike Terms and Conditions, and who has signed up in the dedicated Public Bicycles System for the promotional campaign. In the Nextbike Terms and Conditions, the Eligible Participant is defined as the “Customer”. The personal data of Eligible Participants shall be processed and made available in accordance with their consents given when signing up to the Public Bicycles System.
  14. Nextbike Customer Service Office (BOK) shall mean the platform set up by the Operator to enable Customers to contact the operator by phone via the hotline at 22 244 13 13 or 22 382 13 12, and by e-mail at multisportbike@nextbike.pl, and to use a 24-hour service. Information on BOK operations is published at www.nextbike.pl;
  15. BENEFIT SYSTEMS Customer Service Department shall mean a unit that can be contacted by phone at 22 242 42 42, available 24/7 between 7 a.m. and 10 p.m., excluding public and religious holidays, and by e-mail at infolinia@benefitsystems.pl
  16. Prepaid Account shall mean the Eligible Participant’s personal account in the billing system of the Public Bicycles System. The Prepaid Account shall be used for credit and debit transactions relating to the use of services and products offered under the Public Bicycles System in accordance with the Schedule of Fees and Penalties. The Eligible Participant may credit the Prepaid Account with funds paid in advance.
  17. Top-Up Amount shall mean the amount in respect of rental fees credited to the Prepaid Account.

III. General terms of use of the Programme

  1.  In order to be able to use the Programme, the Eligible Participant needs to have the Sports Card, provide the required personal details during the registration process, and accept the rules laid down in the Programme Terms and Conditions and the Nextbike Terms and Conditions. In addition, the Eligible Participant must maintain a minimum balance in the Top-Up Account of at least PLN 0 (zero zloty) at the time of each rental.
  2. The Operator shall rent the bicycle to the Eligible Participant on the basis of the Nextbike Terms and Conditions and the Programme Terms and Conditions. The Eligible Participant shall comply with the Nextbike Terms and Conditions and the Programme Terms and Conditions., and in particular shall top up his/her prepaid account to at least PLN 0 within 7 days after the balance falls below PLN 0, and shall use the bicycle in accordance with the Nextbike Terms and Conditions and the Programme Terms and Conditions.
  3.  The Eligible Participant may rent one bicycle per day under the Program.
  4. For the avoidance of doubt, the Programme shall cover only one first bicycle rental per day by the Eligible Participant. The free-of-charge bicycle rental referred to in the previous sentence is subject to the rules of the Programme, and relates only to the first continuous bicycle rental of up to 60 minutes on a given day regardless of the number of minutes used (i.e. the first rental may be shorter than 60 minutes, provided, however, that unused minutes shall not be carried over to subsequent bicycle rentals). Where the Participant exceeds the time covered by the Programme, i.e. uses the bicycle during the next minute after the first 60 minutes of the first rental on a given day, the use of the bicycle will be subject to fees charged in accordance with the Operator’s Schedule of Fees and Penalties. 
  5. Programme Participants shall not be entitled to receive any cash equivalent under the Programme.
  6. Prior to entering into the Agreement, persons aged 13 or over, but under 18 (hereinafter referred to as minors) are required to provide the Operator with written consent from at least one parent or legal guardian for entering into the Agreement, and a declaration on their assumption of liability for any damage, in particular damage caused by non-performance or improper performance of the Agreement, and to meet current payments specified in the Schedule of Fees and Penalties. In the declaration, the parents or legal guardians must undertake to replenish the minor's account in the Public Bicycles System so that the account is active at the time of rental. In order to maintain a written form of the legal transaction, the guardian shall place his/her handwritten signature on the consent. A scanned copy of the letter shall be e-mailed to info@nextbike.pl or sent by post to the Operator's address, or submitted in person at the Operator's headquarters.

IV. Registration

  1. In order to use the Public Bicycles System, the Eligible Participant shall sign up in accordance with the Programme Terms and Conditions.
  2. The registration takes place in the online portal at http://multisportbike.pl/.
  3. During the registration process, the following personal data must be provided:

Sports Card number*

Telephone number*

First name*

Last name*

Residence address (street, house/ apartment no.)*

Postcode/ZIP*

Town*

Country*

E-mail address*

4. At the time of the registration, the data concerning the Sports Card number shall be transferred by the Operator to the Organiser so that the Organiser can verify the validity of the Sports Card.

V. Payment methods

The methods of payment for services and products offered under the Public Bicycles System are described in the relevant Nextbike Terms and Conditions.

VI. Rental under the Programme

  1.  The bicycle may be rented if the Eligible Participant meets the requirements set out in Clause III (1) of these Terms and Conditions.
  2. The bicycle may be rented at any Public Bicycles System Station, in accordance with the rules set out in the relevant Nextbike Terms and Conditions.

VII. Rental duration

  1. The Eligible Participant shall return the bicycle no later than at the end of the twelfth rental hour.
  2.  If the bicycle rental exceeds twelve hours, fees and penalties shall be charges in accordance with the Schedule of Fees and Penalties for all the systems operated by Nextbike Polska, available at nextbike.pl/regulaminy.

VIII. Return

The terms of return, as well as issues relating to repairs and breakdowns, are governed by the relevant Nextbike Regulations.

IX. Fees

  1. Fees shall be calculated at the rates specified in the Schedules of Fees and Penalties attached to the Nextbike Terms and Conditions. Fee calculation shall be based on the number of minutes of rental counted from the moment the bicycle is rented in the Public Bicycles System Terminal, or from the moment of receipt of the locking code for the combination lock until the bicycle is put in the smartdock, or until a bicycle return confirmation is obtained from the Public Bicycles System, taking into account the fee rules specified in the Programme.
  2. The fee calculation time is divided into one-hour periods. In accordance with the rules of the Programme, the fee specified in the Operator’s Schedule of Fees and Penalties for the paid bicycle rental on each day of the Programme's duration shall be calculated after exceeding 60 minutes for all Systems in the Cities Covered by the Programme.
  3. If the bicycle use fees exceed the account balance, the Eligible Participant shall top-up his/her Prepaid Account to at least PLN 0 within 7 days of the occurrence of such a situation. If the amount due is not settled, the Operator reserves the right to take appropriate legal steps against the Eligible Participant to recover the payment due under the Agreement. The Operator shall have the right to claim statutory interest on overdue amounts from the due date until the date of actual full payment.
  4. Top-ups made by the Eligible Participant shall be fully available to be applied towards the services offered by the Operator.

X. Operation of the Eligible Participant’s account after the end of the Programme

  1. After the end of the Programme, the Eligible Participant’s account shall be deactivated.
  2. Any amount in excess of PLN 0 (zero zloty) paid by the Programme Customer to the prepaid account towards future rentals shall be returned to the bank account indicated by the Customer. After the end of the Programme, the Customer shall send the required information, i.e. the telephone number, first name, surname, address and bank account number, to the address specified in Clause I (5b) of these Terms and Conditions.

XI. Complaints

  1. The recommended time limit for filing a complaint is 7 days from the date of the event giving rise to the complaint.
  2. All complaints concerning the services provided under the Terms and Conditions may be filed:
    1. to the extent relating to the Programme – electronically to Benefit Systems’ e-mail address: infolinia@benefitsystems.pl, or by post to: Benefit Systems SA, ul. Plac Europejski 2, 00-844 Warszawa, Poland, in an envelope marked: Complaint – city bicycles. 
    2. to any other extent – to info@nextbike.pl, with a note: Complaint – MultiSport. 
  3. If the data or information provided in the complaint needs to be supplemented, before the complaint is considered, the Operator or the Programme Organiser, as the case may be, shall request that the complainant supplement the complaint as appropriate.
  4. The Operator and the Programme Organiser shall not consider any complaints which do not contain such data as: the first name, surname, Sports Card number, address, and telephone number, which are needed to identity the Eligible Participant.
  5. Filing a complaint shall not relieve the Eligible Participant from the requirement to meet his/her obligations towards the Operator in a timely manner.
  6. The Operator and the Programme Organiser shall consider the complaint within 14 days of its receipt or supplementation, and within 30 days in the event of particularly complex cases. If it is necessary to supplement the complaint, the time limit for handling the complaint shall start to run from the date receipt by the Operator or the Programme Organiser of the supplemented documents or additional clarifications/ information. If the time limit for complaint handling cannot be met, the Operator or the Programme Organiser shall notify the Eligible Participant of the delay, indicating the reason for the delay (circumstances which need to be determined), and the anticipated time limit for complaint handling.
  7. The Eligible Participant agrees to have a reply to the complaint sent by e-mail or by post to his/her correspondence address in the manner indicated in the complaint. In particularly justified cases, the Operator or the Program Organiser may send a reply to another e-mail address indicated by the complainant.
  8. Complaint handling consists of identifying the problem reported by the Eligible Participant, evaluating its validity and resolving it or taking appropriate measures to eliminate any irregularities, and their causes, and providing a reply that is exhaustive and professional in form and substance.
  9. The Eligible Participant shall have the right to appeal against the decision made by the Operator or the Programme Organiser. Appeals should be sent regardless of the method of service – by post or e-mail – no later than within 14 days of the Eligible Participant’s receipt of the decision to be appealed against. The appeal shall be considered within 14 days of its receipt by the relevant entity.
  10. Notice on out-of-court dispute resolution

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), Nextbike Polska S.A. hereby provides an electronic link to the ODR platform: https://webgate.ec.europa.eu/odr. The ODR platform offers out-of-court solution to disputes between traders and consumers.Resolving disputes by means of this method is voluntary.

XII. Withdrawal from the Agreement

The Eligible Participant may withdraw from the agreement with the Operator in accordance with the rules set out in the relevant Nextbike Terms and Conditions.

XIII. Termination

The Eligible Participant may terminate the Agreement with the Operator in accordance with the rules set out in the relevant Nextbike Terms and Conditions.

XIV. Miscellaneous

  1. Any matters not regulated herein shall be governed by the applicable laws, in particular the Civil Code and the Road Traffic Act.
  2. These Terms and Conditions may be amended from time to time. Amendments to the Terms and Conditions shall be notified to the Eligible Participants by means of a relevant notice of amendments published by the Operator on its Website and containing a summary of the amendments to the Terms and Conditions, with the notice to be maintained on the Operator’s Website for at least 14 consecutive calendar days. Any Eligible Participants who communicated his/her e-mail addresses to the Operator shall be additionally notified by the Operator by means of a notice sent to the indicated e-mail address, and containing a summary of the amendments to the Terms and Conditions. Communication of amendments to these Terms and Conditions shall be made not later than 14 calendar days before the effective date of the amended Terms and Conditions. These Terms of Use and amendments hereto shall be available on the Website at: nextbike.pl/regulaminy
Terms and Conditions of the “MultiSport Bike” Programme

The Regulations are valid from 24.08.2023r.

I. General

  1. These Terms and Conditions set out the rules for the Public Bicycles System operated in the Cities Covered by the Programme as part of the Programme described below.
  2. These Programme Terms and Conditions shall be in force along with the Nextbike Terms and Conditions and the Privacy Policy, documents that are made available free of charge at www.nextbike.pl in a manner that enables viewing their contents, as well as their acquisition, reproduction and recording. These documents may also be obtained at the head offices of: Nextbike Polska S.A. in restructuring and Benefit Systems S.A.
  3. Any matters not regulated in the Programme Terms and Conditions shall be governed by the Terms and Conditions of the Public Bicycles Systems operated by Nextbike Polska S.A. in restructuring and Nextbike’s subsidiaries.
  4. The Programme laid down in these Terms and Conditions shall continue until 31 December 2025.
  5. Contact details:
    1. Benefit Systems S.A.: Plac Europejski 2, 00-844 Warszawa, e-mail: bok@benefitsystems.pl, phone: 22 242 42 42 (calls charged at the operator’s rate);
    2. Nextbike Polska S.A. in restructuring, ul. Przasnyska 6b 01-756 Warszawa e-mail: multisportbike@nextbike.pl,  phone: 22 123 06 09 (calls charged at the operator’s rate);
  6. By creating an account as part of the Programme, the Eligible Participant may use bicycles in various cities of Poland where Nextbike Polska S.A. in restructuring operates.

    II. Definitions
     
  7. Nextbike Customer Service Office (BOK) shall mean the platform set up by the Operator to enable Eligible Participants to contact the Operator by phone via the hotline at 22 123 06 09, and by e-mail at multisportbike@nextbike.pl and to use a 24-hour service. Information on BOK operation is published at www.nextbike.pl and on websites of the bicycle systems covered by the Programme.
  8. Benefit Systems Customer Service Department shall mean a unit that can be contacted by phone at 22 242 42 42, available every day between 7 a.m. and 10 p.m., excluding public and religious holidays, and by e-mail at: bok@benefitsystems.pl.
  9. Sports Card / Card shall mean a personal MultiSport card issued by the Programme Organiser, which is active during the term of the Programme and enables the use of the services specified in the MultiSport Programme, available for a particular Card type. The list of Cards covered by the Programme can be found at www.multisportbike.     
  10. Eligible Participant’s Account / Account shall mean a personal Account of an Eligible Participant created during registration in the Public Bicycles System, for the purpose of using the Programme.
  11. Top-Up Amount shall mean the amount in respect of rental fees credited to the Account.
  12. Cities Covered by the Programme shall mean the cities of Poland where the use of the Public Bicycles System has been covered by the Promotion. The current list of cities covered by the Programme is available at: http://www.multisportbike.pl/#citieson.
  13. Cities Excluded from the Programme shall mean the cities of Poland where the use of the Public Bicycles System has been excluded from the Promotion. The current list of cities excluded from the Programme is available at: http://www.multisportbike.pl/#citieson.
  14. Minimum Balance shall mean the minimum balance on the Account that the participant should have in order to be eligible to rent a bicycle under the Programme.
  15. Operator shall mean Nextbike Polska S.A. in restructuring, providing services connected with handling the Public Bicycles System, ul. Przasnyska 6b, 01-756 Warszawa, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000646950, REGON [business statistical number]: 021336152, NIP [tax identification number]: 8951981007.
  16. Initial Fee shall mean the registration fee paid by the participant upon registering with the Programme. The amount of the Initial Fee is PLN 10 (say: ten zlotys). The Initial Fee will be offset against the rental fees.
  17. Programme Organiser shall mean Benefit Systems S.A., with its registered office in Warsaw, at the following address: Plac Europejski 2, 00-844 Warszawa, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000370919, NIP [tax identification number]: 8361676510, REGON [business statistical number]: 750721670.
  18. Privacy Policy of the “MultiSport Bike” Programme shall mean the Operator’s and Organiser’s document other than these Terms and Conditions, which sets out the conditions under which the Operator and Organiser process the Eligible Participant’s Personal data. The Privacy Policy is available at: https://multisportbike/polityki-prywatnosci.
  19. Product shall mean the MultiSport Card or the MultiLife Service, respectively.
  20. Programme shall mean the possibility for the Eligible Participant to rent and use a bicycle free of charge once on any given day for the first 60 minutes of the rental period. The Programme shall not cover the electric bicycles system.
  21. Program Terms and Conditions shall mean these Terms and Conditions of using the Programme by Eligible Participants.
  22. Nextbike Terms and Conditions (Public Bicycles Terms and Conditions) shall mean the terms and conditions of using Public Bicycles Systems in the Cities Covered by the Programme, in particular the conditions, rights and obligations, and the liability of the persons who choose to rent bicycles via the Public Bicycles Systems. Acceptance and fulfilment of all the Nextbike Terms and Conditions shall constitute the basis and condition of the authorisation to rent a bicycle in the relevant Public Bicycles System.
  23. Nextbike’s Subsidiary shall mean the company that is the Operator of the Public Bicycles System. The list of Nextbike’s subsidiaries can be found in the Transparency Policy: https://nextbike.pl/polityka-transparentnosci/.
  24. Public Bicycles System shall mean the bicycle-sharing system started by the Operator in the Cities Covered by the Programme, including in particular bicycles, technical infrastructure, software and equipment enabling the rental of bicycles.
  25. Operator’s Schedule of Fees and Penalties shall mean the price list for services and fees related to the use of the Public Bicycles System, which is available in the relevant Nextbike Terms and Conditions and which is an integral part of the Agreement. In accordance with Programme rules, the fee specified in the Operator’s Schedule of Fees and Penalties shall apply to the first paid rental on a given day of more than 60 minutes, as well as to every subsequent rental of more than the free of charge time on a given day.
  26. Agreement shall mean the agreement between the Eligible Participant and the Operator setting out the mutual rights and obligations specified in the Nextbike Terms and Conditions. The Agreement containing the provisions of the Nextbike Terms and Conditions shall be understood as automatically concluded once the Eligible Participant signs up in the Public Bicycles System, and on the condition that the Eligible Participant submits a statement of acceptance of the Nextbike Terms and Conditions and the Programme Terms and Conditions.
  27. Eligible Participant shall mean the user of an active Product who has joined the Programme by accepting the Programme Terms and Conditions, and the relevant Nextbike Terms and Conditions, and who has signed up in the dedicated Public Bicycles System for the promotional campaign. In the Nextbike Terms and Conditions, the Eligible Participant is defined as the “Customer”. The Personal data of Eligible Participants shall be processed and made available in accordance with their consents given when signing up to the Public Bicycles System.
  28. MultiLife Service shall mean a personal product issued by the Programme Organiser granting the User the right to use the services specified in the MultiLife Programme which are available for the given type of the MultiLife Service. The MultiLife Service is issued only in the form of an electronic record (i.e. the MultiLife Service number).

    III. General Terms of Use of the Programme
     
    1. In order to be able to use the Programme, the Eligible Participant needs to have the Product, provide the required personal details during the registration process, pay the Initial Fee (subject to Section XII.1), and accept the rules laid down in the Programme Terms and Conditions and the Nextbike Terms and Conditions. In addition, the condition for using the Programme is the absence of negative balance in the Account at the time of each rental, i.e. the Eligible Participant must maintain a minimum balance of at least PLN 0 (say: zero zlotys).
    2. The Operator shall rent the bicycle to the Eligible Participant on the basis of the Nextbike Terms and Conditions and the Programme Terms and Conditions. The Eligible Participant shall comply with the Nextbike Terms and Conditions and the Programme Terms and Conditions, and in particular shall top up their Account to at least PLN 0 within 7 days after the balance falls below PLN 0, and shall use the bicycle in accordance with the Nextbike Terms and Conditions and the Programme Terms and Conditions.
    3. The Eligible Participant may rent one bicycle per day under the Programme.
    4. For the avoidance of doubt, the Programme shall cover only one first bicycle rental per day by the Eligible Participant. The free-of-charge bicycle rental referred to in the previous sentence is subject to the rules of the Programme, and relates only to the first continuous bicycle rental of up to 60 minutes on a given day regardless of the number of minutes used (i.e. the first rental may be shorter than 60 minutes, provided, however, that unused minutes shall not be carried over to subsequent bicycle rentals). Where the Participant exceeds the time covered by the Programme, i.e. uses the bicycle during the next minute after the first 60 minutes of the first rental on a given day, the use of the bicycle will be subject to fees charged in accordance with the Operator’s Schedule of Fees and Penalties.
    5. Programme Participants shall not be entitled to receive any cash equivalent under the Programme.
    6. Persons who are 13 years or older and under the age of 18 (hereinafter referred to as minors) are required to provide the Operator with the consent of at least one of their parents or legal guardians to conclude the Agreement before concluding it. The parent or legal guardian shall be liable for any damage arising, without limitation, in connection with non-performance or inadequate performance of the Agreement, and shall cover the current liabilities set forth in the Schedule of Fees and Penalties. It is required that the consent of at least one parent or legal guardian for the use of the Account by a minor is sent to the Operator:
    1. in the form of a scanned letter by e-mail to the following address multisportbike@nextbike.pl,  
    2. by registered mail to the Operator’s address,
    3. submitted in person at the Operator’s office.

The consent should include:

    1. the minor’s phone number for which the Account is registered,
    2. name of parent or legal guardian,
    3. consent to the use of the Public Bicycles System by the minor,
    4. name of the minor,
    5. date of birth of the minor,
    6. handwritten signature or qualified electronic signature of the parent/legal guardian (in the case referred to in Section III.7a),
    7. the date and place of issuance of the consent.

The consent template is available at (https://nextbike.pl/app/uploads/2022/03/Oswiadczenie-rodzicow-opiekunow.docx).

    1. Persons under the age of 13 may use bicycles only under supervision of a legal guardian.

      IV. Registration
       
      1. In order to use the Public Bicycles System, the Eligible Participant shall sign up in accordance with the Programme Terms and Conditions.
      2. The registration takes place in the online portal at http://multisportbike.pl/
      3. During the registration process, the following Personal data must be provided:
  1. Product number,
  2. phone number,
  3. first name,
  4. last name,
  5. residence address (street, house/ apartment no.),
  6. postcode/ZIP,
  7. town/city,
  8. country,
  9. e-mail address.
    1. At the time of the registration, the data concerning the Product number shall be transferred by the Operator to the Organiser so that the Organiser can verify the validity of the Product.

      V. Payment Methods

The methods of payment for services and products offered under the Public Bicycles System are described in the relevant Nextbike Terms and Conditions.

  • VI. Rental under the Programme
     
    1. The bicycle may be rented if the Eligible Participant meets the requirements set out in Section III.1 of these Terms and Conditions.
    2. The bicycle may be rented at any Public Bicycles System Station, in accordance with the rules set out in the relevant Nextbike Terms and Conditions.

      VII. Rental Duration
       
      1. Eligible Participant shall return the bicycle no later than before the lapse of the maximum rental time specified in the terms and conditions of the relevant Public Bicycles System.
      2. Exceeding the maximum rental time specified in the terms and conditions of the relevant Public Bicycles System results in charging fees and penalties in accordance with the Schedules of Fees and Penalties of all systems in which Nextbike Polska S.A. in restructuring is the operator, available at www.nextbike.pl/regulaminy. 
  1. Return

The terms of return, as well as issues relating to repairs and breakdowns, are governed by the relevant Nextbike Terms and Conditions.

  • IX. Fees
     
    1. Fees shall be calculated at the rates specified in the Schedules of Fees and Penalties attached to the Nextbike Terms and Conditions. The basis for calculating the fee is the number of rental minutes counted from the moment the bicycle is rented in the Public Bicycles System, taking into account the rules on fees set out in the Programme.
    2. The fee calculation time is divided into one-hour periods. In accordance with the rules of the Programme, the fee specified in the Operator’s Schedule of Fees and Penalties for the paid bicycle rental on each day of the Programme’s duration shall be calculated after exceeding 60 minutes for all Systems in the Cities Covered by the Programme.
    3. If the bicycle use fees exceed the account balance, the Eligible Participant shall top-up their Account to at least PLN 0 within 3 days of the occurrence of such a situation. If the amount due is not settled, the Operator reserves the right to take appropriate legal steps against the Eligible Participant to recover the payment due under the Agreement. The Operator shall have the right to claim statutory interest on overdue amounts from the due date until the date of actual full payment.
    4. Top-ups made by the Eligible Participant shall be fully available to be applied towards the services offered by the Operator.

      X. Complaints
       
      1. The recommended time limit for filing a complaint is 7 days from the date of the event giving rise to the complaint.
      2. All complaints concerning the services provided under the Terms and Conditions may be filed:
  1. to the extent relating to the Programme – electronically to Benefit Systems’ e-mail address bok@benefitsystems.pl or by post to: Benefit Systems S.A., ul. Plac Europejski 2, 00-844 Warszawa, Poland, in an envelope marked: Reklamacja – rowery miejskie [Complaint – city bicycles].
  2. For other matters, to the address multisportbike@nextbike.pl
    1. If the data or information provided in the complaint needs to be supplemented, before the complaint is considered, the Operator or the Programme Organiser, as the case may be, shall request that the complainant supplement the complaint as appropriate.
    2. The Operator and the Programme Organiser shall not consider any complaints which do not contain such data as: the first name, surname, Product number, address, and telephone number, which are needed to identity the Eligible Participant.
    3. Filing a complaint shall not relieve the Eligible Participant from the requirement to meet their obligations towards the Operator in a timely manner.
    4. The Operator and the Programme Organiser shall consider the complaint within 14 days of its receipt or supplementation, and within 30 days in the event of particularly complex cases. If it is necessary to supplement the complaint, the time limit for handling the complaint shall start to run from the date of receipt by the Operator or the Programme Organiser of the supplemented documents or additional clarifications/information. If the time limit for complaint handling cannot be met, the Operator or the Programme Organiser shall notify the Eligible Participant of the delay, indicating the reason for the delay (circumstances which need to be determined), and the anticipated time limit for complaint handling.
    5. The Eligible Participant agrees to have a reply to the complaint sent by e-mail or by post to their correspondence address in the manner indicated in the complaint. In particularly justified cases, the Operator or the Programme Organiser may send a reply to another e-mail address indicated by the complainant.
    6. Complaint handling consists of identifying the problem reported by the Eligible Participant, evaluating its validity and resolving it or taking appropriate measures to eliminate any irregularities, and their causes, and providing a reply that is exhaustive and professional in form and substance.
    7. The Eligible Participant shall have the right to appeal against the decision made by the Operator or the Programme Organiser. Appeals should be sent regardless of the method of service – by post or e-mail – no later than within 14 days of the Eligible Participant’s receipt of the decision to be appealed against. The appeal shall be considered within 14 days of its receipt by the relevant entity.
    8. Information on out-of-court dispute resolution: in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), Nextbike Polska S.A. hereby provides an electronic link to the ODR platform: https://webgate.ec.europa.eu/odr. The ODR platform offers out-of-court solution to disputes between traders and consumers. Resolving disputes by means of this method is voluntary.

      XI. Agreement Termination
       
      1. Withdrawal from the Agreement.
    1. Eligible Participant may withdraw from the Agreement concluded with the Operator – under provisions of the law, without giving any reason, within 14 days from the date of its conclusion. The deadline is considered to have been met if, before its expiration, the Eligible Participant sends a notice of withdrawal to the Operator.
    2. Eligible Participant may withdraw from the Agreement by:
  3. sending to the Operator at the e-mail address given in Section I.5(b) a notice of withdrawal from the Agreement,
  4. sending to the Operator by registered mail to the postal address given in Section I.5(b) a written notice of withdrawal from the Agreement. For this purpose, the Eligible Participant may use the form of withdrawal from the Agreement contained in Appendix 2 to the Consumer Rights Act (Journal of Laws of 2019, item 134 as amended), but this is not mandatory.
    1. In the event of withdrawal from the Agreement, the Agreement shall be deemed not to have been concluded. In the event of withdrawal from the Agreement, each Party shall return to the other everything it has received under the Agreement. The funds will be refunded at the latest within 14 days after the Operator receives the notice of withdrawal from the Agreement. The refund shall be made using the same means of payment that were used by the Eligible Participant in the original transaction, unless the Eligible Participant agreed otherwise in the notice of withdrawal from the Agreement. A different solution should be indicated by the Eligible Participant in the submitted notice.
    2. If, at the request of the Eligible Participant, the performance of services begins before the expiration of the deadline for withdrawal from the Agreement, the Eligible Participant shall pay for the services performed until the withdrawal from the Agreement. The remaining funds in the account shall be refunded no later than 14 days from the date of consideration by the Operator of the notice of withdrawal from the Agreement.
    1. Termination of the Agreement at the request of the Eligible Participant.
    1. The Eligible Participant has the right to terminate the Agreement. The Eligible Participant may give notice of termination as follows:

i.          electronically to the e-mail address specified in Section I.5(b),

ii.         electronically via the contact form on the Website,

iii.        by registered mail to the Operator’s postal address specified in Section I.5(b),

iv.         in person at the Operator’s office.

    1. Termination of the Agreement shall take place immediately, no later than within 14 days from the date of delivery of the notice to the Operator. The effect of termination of the Agreement is the liquidation of the Eligible Participant’s Account in the Public Bicycles System by the Operator.
    2. Before submitting a notice of termination, the Eligible Participant shall top up their Eligible Participant’s Account to a balance of PLN 0. Termination of the Agreement in a situation where the balance in the Eligible Participant’s Account is negative shall not affect the Operator’s right to claim an amount equal to the Eligible Participant’s unpaid amount for services provided by the Operator.
    3. If the funds in the Eligible Participant’s Account exceed PLN 0 on the date of termination of the Agreement, they will be returned to the bank account indicated by the Eligible Participant in the request, unless the Eligible Participant agreed otherwise in the termination of the Agreement. A different solution should be indicated by the Eligible Participant in the submitted notice. Refund will be made no later than within 14 days from the date of termination of the Agreement. In the event that the refund involves additional costs on the part of the Operator in the form of bank transfer costs, such costs will be deducted from the funds to which the Eligible Participant is entitled for refund.
    1. The Operator may terminate the Agreement by giving seven (7) days’ notice for important reason, which may include, without limitation, liquidation of the Programme or discontinuation of its operation or change in the scope of operation of the Programme.
    2. Termination of the Agreement for the provision of services by electronic means by the Operator shall be effected by sending a notice of termination of the Agreement for the provision of services by electronic means to the e-mail address of the Eligible Participant indicated in the Eligible Participant’s Account or by delivering a notice to the Eligible Participant in any other way.
    3. The effect of termination of the Agreement is the liquidation of the Eligible Participant’s Account by the Operator.
    4. In the event that the Eligible Participant’s Account is liquidated, as long as the funds in the Eligible Participant’s Account exceed PLN 0 on the date of termination, they will be returned to the bank account provided by the Eligible Participant. Refund will be made no later than within 30 days from the date of termination of the Agreement. In the event that the refund involves additional costs on the part of the Operator in the form of bank transfer costs, such costs will be deducted from the funds to which the Eligible Participant is entitled for refund.
       
  1. Interim Provisions – applicable only to Accounts created before 24.08.2023.
     
    1. In connection with the introduction of the Initial Fee in Section II.10 of the Terms and Conditions, effective from 24.08.2023, the Participant registered after 24.08.2023 is required to pay the Initial Fee.
    2. The Initial Fee will be offset against the fees charged for exceeding the free rental time, in accordance with the applicable rates and rules set forth in the relevant Terms and Conditions.
       
  2. Final Provisions
     
    1. Any matters not regulated herein shall be governed by the applicable laws, in particular the Civil Code and the Road Traffic Act.
    2. In the case of services of a continuous nature (e.g. account maintenance), the Terms and Conditions may be amended for good cause, which is considered to include:
  1. a change in the law or its interpretation that justifies the need for amendments to the Terms and Conditions,
  2. a change in the service, including in the scope or manner of its provision,
  3. introduction of a new service,
  4. discontinuation of service in whole or in part,
  5. privacy, security and fraud prevention considerations,
  6. removing any doubts or ambiguities of interpretation,
  7. change of data indicated in the Terms and Conditions, including the Operator.

Amendments shall become effective within 14 days from the date of informing the Eligible Participant of the amendments to the Terms and Conditions by publishing them on the website and sending them to the Eligible Participant’s e-mail address. If the Eligible Participant does not accept the changes to the Terms and Conditions, the Eligible Participant may terminate the Agreement with immediate effect by giving notice no later than 14 days from the date the Eligible Participant is informed of the changes to the Terms and Conditions.

    1. In the case of services of a one-time nature (e.g. a single ride) or prepaid services, the version of the Terms and Conditions current at the time of ordering the service shall apply in each case.
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