REGULATIONS for using the JAVELO System

SHORT-TERM RENTAL

 

I. Preamble 

 

These Terms and Conditions apply to use of the bike rental system provided by JAVELO System – Jaworznicki Rower Miejski, hereinafter referred to as JAVELO, operating within the administrative boundaries of the City of Jaworzno, in accordance with Annex 3 to the Terms and Conditions. The Terms and are available free of charge on the www.javelo.pl website and in the mobile application during registration, with the short-form Terms and Conditions being available at the JAVELO Stations.

 

II. Definitions

2.1. Terms and Conditions - these terms and conditions appl to use of the JAVELO System, the scope of rights, obligations and possible liability of the Operator and the User. Acceptance of and compliance with all the terms and conditions for using the system is a mandatory condition in the registration process in the JAVELO System. The User concludes an agreement with the JAVELO Operator upon the acceptance of the terms and conditions and registration in the JAVELO System.
2.2. Agreement - an agreement between the User and the JAVELO Operator, establishing mutual rights and obligations specified in the Terms and Conditions. The agreement is automatically concluded at the moment of registering the User in the JAVELO System and after submitting an acceptance of these terms and conditions.
2.3. JAVELO System - a 24/7 self-service bike rental system, including in particular: bikes and the software required for their proper functionality, legal and organizational principles of operation, Contact Center, IT system ensures information transfer and handling contacts with Users, website, applications for mobile devices, hereinafter referred to as “JAVELO System”.
2.4. Ordering Party – the Municipality of the City of Jaworzno, Grunwaldzka 33 Street, 43-600, Jaworzno
2.5. JAVELO Operator - an organizational unit that provides services related to the operation of the JAVELO System. The JAVELO operator is BikeU Sp. z o.o., ul. Rondo ONZ 1, 00-124 Warszawa

2.6. User - a person who has registered an account in accordance with the JAVELO terms and conditions, who has accepted the JAVELO terms and conditions and has paid the initial fee.
2.7. JAVELO service - technical service of the system dealing with the maintenance, allocation and repairs of the JAVELO System.
2.8. Contact Centre - an element of the JAVELO customer service system, which allows Users to contact the JAVELO operator 24/7 by phone, by contacting the +48 32 783 17 11 number, and the bok@javelo.pl e-mail address. The contact details of the JAVELO Contact Centre are available on the website www.javelo.pl, in the Freebike 2.0 mobile appliaction and on JAVELO bikes. The Contact Centre operates in Polish and English

2.9. System operation area - the area within the administrative borders of the City of Jaworzno, 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, including the zones where a bike return is allowed and not allowed.
2.10. Period of operation of the JAVELO System - the period in which the Operator provides the Users with the JAVELO System. In accordance with the agreement concluded between the Operator and the Ordering Party, the JAVELO System will be available from July 1st, 2023 to December 15th, 2025.

2.11. JAVELO Station – an area enabling rental and return of a bike in the JAVELO System, marked with the JAVELO System symbol, where bikes are returned (parked) free of charge. The information regarding the Javelo Station placement can be found on the map found at every JAVELO Station, the www.javelo.pl website and the Freebike 2.0 mobile application, hereinafter referred to as ‘Station’

2.12. External lock – a manual lock equipped with a combination lock found attached to every JAVELO bike. It allows the bike to be safely parked while in use and protects it from theft.

2.13. Login data - personal and unique login and PIN numbers assigned to the User automatically, which the User receives during the registration process in the JAVELO System. The login data are displayed on the computer or telephone 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 User in the JAVELO System during contacts with the Contact Centre. Sharing your login details with third parties is prohibited.

2.14. Freebike 2.0 mobile application - software application designed to run on mobile devices, such as mobile phones, smartphones or tablets. The mobile application complements the JAVELO web application but does not replace its operation. Any changes to the account should be made via the website www.javelo.pl. The provider of the Freebike 2.0 Mobile Application is Homeport. The application is available for download free of charge in Google Play stores and Apple AppStore The application is available on iOS and Android.
2.15. Price list – a list of fees in the JAVELO System, which constitutes Annex 2 to the Terms and conditions. The price list is available on the website and at every JAVELO Station.
2.16. Prepaid User Account - an individual User account in the billing system of the JAVELO System, containing the history of payments, history of bike rentals and returns, the duration of the agreement and the User's personal and contact details.

2.17. PayU S.A. - PayU S.A. ul. Grunwaldzka 186, 60-166 Poznan - an online payment service provider supporting payments to the JAVELO System. By making a payment via PayU, the User accepts the service provider's terms and conditions.

2.18 Subscription – a collection of fees and terms and conditions of the use of the JAVELO system connected to those fees. The available subscription types are listed in the following section of these Terms and Conditions: ‘X. Subscriptions’

2.19. Initial fee - the one-time, non-refundable fee of PLN 10 + VAT (= PLN 12.30), paid by the User during the registration process in the JAVELO System, in full to be used towards rentals. The amount given refers to the SUBSCRIPTIONS based on the rules of the JAVELO System prepaid User accounts.

2.20. Top-up - a voluntary payment to the User's Account. Every top-up that will not be fully used by the User is subject to a refund.

2.21. Additional fee - a fee imposed on the User by the JAVELO Operator in the event of bearing the costs of repairs, restoring the bike or as a result of improper use of the bike by the User, described in Annex 2 to these terms and conditions.

2.22. Rental time - time counted from the moment of bike is rented until its correct return at the JAVELO Station or other area, where such return is allowed. The rental time is calculated in seconds.

2.23. Bike rental - starting to use a bike. Bike rental is described in point IX. of these Terms and conditions: "Bike rental".

2.24. Bike return - ending the rental at any JAVELO Station. The return of the bike is described in point XII. of the Terms and conditions: "Bike return".

2.24. Security measures - actions taken in the event of violation of these terms and conditions, described in point XVII. "Security measures ".

2.26. Complaint - User's request to the Operator for a refund of an incorrectly charged fee for using the JAVELO system. The rules for filing complaints are described in point XV. "Complaints".

2.27. Claim - User's request to the Operator due to improper functioning of the JAVELO System. The rules for submitting complaints are described in point XV. Of the Regulations: "Complaints and Claims".

2.28. Special Actions - promotional and information campaigns carried out for JAVELO System Users during the operation of the JAVELO System to promote the JAVELO System.

2.32. Voucher - a code issued by the System Operator to top up the User's Account with the amount specified in the voucher.

2.30 Bonus – an Operator’s special action, where the Operator allows an additional. non-refundable top-up of PLN 5 to an account registered in the JAVELO System if that account’s owner returns a bike returned outside of a JAVELO Station to a JAVELO Station. The bonus is available to use for rentals in the JAVELO System until the conclusion of the Agreement and is non-refundable

 

2.31 Recurring payments – payments done regularly within a specific time period. These payments are done automatically after authorizing credit card (or prepaid card) during the initial payment process. The card’s information is registered by PayU and saved for initiating future payments.

The template of the statement is attached as Annex 1 to the Terms and conditions and is available on the website www.javelo.pl. The statement must be delivered to the JAVELO Operator by sending it by registered mail to the address of the JAVELO System Operator, whose current data is available on the website www.javelo.pl. The use of a rented bicycle by minors shall be conditional on holding a valid bicycle driving licence or a driving licence in a relevant category.

V. Responsibility / Obligation

5.1. The User is obliged to use the bike in accordance with the Terms and conditions and to abide by the Highway Code.

5.2. The User is obliged to return the bike in the condition not deteriorated from the condition in which they rented it.

 

5.3. The User has to return a JAVELO bike within 12 hours since rental.

 

5.4 The requirement listed in the point 5.3 does not include Users of special actions

 

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

 

5.6. Sharing the JAVELO bike with a third-party does not free the User of the responsibility for any damages or theft, until the bike is returned to a JAVELO Station

 

5.7. It is forbidden to ride a bike by more than one person at the same time, otherwise the Operator will enable security measures.

5.8 The User is fully responsible for the consequences of events resulting from the breach of applicable law and the Terms and conditions while using the JAVELO System. The JAVELO operator does not bear any responsibility in this respect.

 

5.9. It is forbidden to use a bike lock that is not an element of the JAVELO System to lock a bike at a JAVELO Station. The JAVELO Operator reserves the right to remove the improper bike lock used by the User and enable security measures.

5.10. In the event of a breach of these Terms and Conditions, especially is the breach results in any damage done to the Operator, the Operator is allowed to block a User’s account until the matter is resolved.

5.11. The User is obliged to immediately notify the JAVELO Contact Centre of the bike theft made during the bike rental period and immediately report the theft to the nearest Police station. The User 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 period referred to in section 5.5 of these Terms and Conditions. The guide to properly notifying the authorities of theft can be found on the www.javelo.pl website

 

5.12. The User is obliged to immediately call the Contact Centre if they have a problem with the rental or return of the bike, especially in the case of returning the bike using a combination cable lock, or finding any faults in the bike, or failure of the JAVELO system infrastructure, in particular faults disclosed while using the bike. In the event of a defect which prevents the use of the bike in a safe manner or which may lead to damage to the bike, the User is obliged to immediately return the bike to the nearest JAVELO Station and report this fact to the Contact Centre.

 

5.13. The User bears responsibility for the state of the bike from the moment it’s rented until the moment it is returned, excluding the section 4.6. of these Terms and Conditions. The User is especially responsible for any damage done to the bike as a result of the User’s fault, from the moment the bike is rented from a JAVELO Station to the moment the bike is returned at a JAVELO Station.

 

5.14. The User 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 damage done to the JAVELO System’s infrastructure (bikes, Stations) the User is obliged to cover any and all repair expenses. The JAVELO Operator will provide the User with a bill or an invoice for any damaged JAVELO infrastructure, send it to an e-mail address attached to the User’s JAVELO User account and charge the User’s prepaid account.

5.16. Any intentional damage done to the JAVELO System will result in the Operator notifying the authorities, create a compensation liability on the side of the culprit and provide the culprit with the requirement to pay any fees resulting from the damage done.

5.17. Any possible damage resulting from non-performance or incorrect performance of the contract, only in cases attributable to the User, shall be borne in full by the User.

5.18. It is forbidden to use the JAVELO 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 JAVELO 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 basked has the capacity 15 litres and minimal carrying capacity of 5 kgs. 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 User. The JAVELO operator shall not be liable for any damage to the items or goods transported in the basket.

5.20. The User is obliged to use the bike in accordance with its intended purpose. The JAVELO bicycle, which is a means of public transport, is intended to move between JAVELO 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 In the event of exceeding the 12 hour rental time limit an additional charge will be placed on the User’s account. The amount can be found in the Price List – Appendix 2 to these Terms and Conditions

5.22. It is forbidden to use the bikes of the JAVELO System for commercial purposes, otherwise additional fees will be imposed on the User in accordance with point 13 of Annex 2 to the agreement.

 

5.23. The User is obliged to act in a way that will minimize the possibility of any damages or improper use of the bike.

5.24. The User is obliged to have means to contact the JAVELO Contact Centre during the entire rental.

VII. Personal data protection

7.1. The administrator of personal data is the JAVELO System Operator: BikeU sp. z o.o., with headquarters in Warsaw (00-124 Warszawa), ul. 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 User 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: ochronadanych@javelo.pl

7.3. Personal data provided by the User is processed by the JAVELO Operator solely for the purposes of the JAVELO 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 User's personal data by the JAVELO Operator is the contract concluded and being performed between the JAVELO Operator and the User, the conclusion of which takes place through the User's acceptance of the Terms and conditions, the obligation to fulfill legal obligations, as well as the legitimate interest pursued by the JAVELO Operator (in particular establishing, investigating or defense of claims).

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

 

a) Ordering Party – the Municipality of the City of Jaworzno, Grunwaldzka 33 Street, 43-600, Jaworzno, on the basis of the rules included in the Agreement between the Ordering Party and the JAVELO System Operator;

b) entities acting on behalf of the JAVELO Operator on its behalf, which provide and support the JAVELO Operator's ICT systems (general ICT infrastructure, e-mail, etc.), in particular a provider of technical and ICT infrastructure, software for the JAVELO 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 JAVELO 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 JAVELO System Operator ensures that all its employees and associates processing personal data of Users 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 User 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 JAVELO 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 JAVELO Operator;
• request the deletion of any data for the processing of which the JAVELO 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 User, unless our grounds for processing override the interests, rights and freedoms of the User;
• 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 User can exercise the rights indicated above, excluding the last point, by:

(1) e-mail contact at the following address: ochronadanych@javelo.pl
(2) written contact by traditional mail to the address of the JAVELO Operator.

7.7. The User'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 User's activity are not subject to any profiling activities, nor are they the basis for automated decision making.

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

7.10. Personal data will be processed by the JAVELO Operator as long as the User has an account in the JAVELO System, it will be necessary to provide services or for the period of providing bicycle rental services to the JAVELO System Organizer. The Operator will also store the User's personal data as necessary to comply with legal obligations, resolve disputes or enforce the provisions of concluded contracts (in particular towards the JAVELO System Organizer and the Users).

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

VIII. Payments
8.1. All payments in the JAVELO System are made via PayU S.A.

8.2. All payments are made to a dedicated User account on the website www.javelo.pl and in the Freebike 2.0 mobile application.

8.3. The moment when the User received the payment confirmation by e-mail to the e-mail address provided by the User is considered to be the correct payment. A correctly credited payment can be verified on the User's account after logging in to the website or in the Freebike 2.0. application.

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

 

8.5. The JAVELO System Operator is the owner of User’s prepaid accounts.

8.6. During the period when the Agreement is active and after it concludes, the top-ups paid to the User’s prepaid accounts are refundable, excluding the non-refundable initial fee.

 

8.7. At the request of the User the JAVELO Operator can  provide the User with an invoice regarding a paid rental. To receive such invoice the User has to contact the Operator using the bok@javelo.pl e-mail address and provide all niformation necessary for the issuing of an invoice, the correct date and time of the rental and the bike number.

X. Subscriptions

 

10.1. The JAVELO System includes:

• ·      ‘City Tariff
  • o   Any User that chose this Tariff model during the registration process and paid the initial fee is allowed to use it
  • o   The Subscription activates once the payment gets processed.
  • o   The Subscription is active for the whole duration of the Agreement
  • o   The minimal account balance is PLN 10
  • o   The User can rent up to 4 bikes per account account
  • o   The Price List for this subscription can be found in the Appendix 2 to these Terms and Conditions

 

• ·      ‘Monthly 90 minutes’ Subscription
  • o   Any User that chose this Subscription model during the registration process and paid the subscription fee of PLN 30 is allowed to use it
  • o   The Subscription activates once the payment gets processed,
  • o   The Subscription is active for 30 days
  • o   The minimal account balance is PLN 0
  • o   The User can rent up to 4 bikes per account
  • o   Within this Subscription model the User is provided with 90 minutes of free rental time per day, resetting every day and including multiple rentals per day (counted in minutes),
  • o   The unused rental time does not transfer between days,
  • o   In the event of the User exceeding the 90 minute total rental time the Operator will charge the User PLN 0.05 per additional minute of rental
  • o   The Price List for this subscription can be found in the Appendix 2 to these Terms and Conditions

 

• ·      ‘Yearly 90 minutes’ Subscription
  • o   Any User that chose this Subscription model during the registration process and paid the subscription fee of PLN 150 is allowed to use it
  • o   The Subscription activates once the payment gets processed,
  • o   The Subscription is active for a year
  • o   The minimal account balance is PLN 0
  • o   The User can rent up to 4 bikes per account
  • o   Within this Subscription model the User is provided with 90 minutes of free rental time per day, resetting every day and including multiple rentals per day (counted in minutes),
  • o   The unused rental time does not transfer between days,
  • o   In the event of the User exceeding the 90 minute total rental time the Operator will charge the User PLN 0.05 per additional minute of rental
  • o   The Price List for this subscription can be found in the Appendix 2 to these Terms and Conditions

 

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 User to the JAVELO Contact Centre by telephone or mobile application. 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.

 

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 JAVELO Service.

XII. Bike return

12.1. The User returns the bike by parking it within the JAVELO Station area in a way that does not inhibit the flow of traffic of pedestrians and vehicles.

It is possible to return a bike in an easily reachable area (area that will enable other Users to rent the bike) that is not a JAVELO Station within the System Operation Area excluding the Blue zone. Such return will result in an additional charge in accordance with the Appendix 2 to these Terms and Conditions. The User is obliged to park each rented bike in a way described above, providing it with proper security and safe parking not causing the disruption to the flow of pedestrian and vehicle traffic.

12.2. The User returns the bike via the Freebike 2.0 mobile application or by squeezing the brake handle three times.

12.3. The operator provides the User with the possibility to verify the correctness of the return by:
• telephone - JAVELO Contact Centre,
• mobile application,
• website.

12.4. In the event of the lack of possibility to return the bike in the area of a selected JAVELO Station the User is obliged to return the bike close to the JAVELO Station and notify the Contact Centre by providing the correct personal data attached to the User’s JAVELO account, the bike number and the station number. If the Operator is not sure about the provided information they can reject the bike return procedure and await contact from the JAVELO account’s owner.

 

12.5. In the case of improper return of the bike, listed in sections 12.1., 12.2. and 12.4. the User is responsible for costs of the ongoing rental and for any damage done to the bike, including theft.

XIII. Non-return on time
13.1. Non-return of the bike within 12 hours of rental is treated as a breach of the terms and conditions by the User, and thus a breach of the agreement with the JAVELO Operator, which will result in charging fees in accordance with the Price List, account blockade and implementation of the security measures.

XIV. Fees

14.1. The fees for renting a bike are charged according to the Price List from the moment of renting a bike until its correct return at a JAVELO Station.

14.2. Fees for using the JAVELO System depend on the chosen Subscription model and the rental time in accordance with the Price List.

 

14.3. If the fee charged for renting a bike or other fee resulting from the Price List is higher than the funds accumulated on the User's Account, the User is obliged to pay the amount due within 7 days; otherwise, security measures will be enabled.

 

14.4. If the User 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 top-ups made to the Operator's account during the period of operation should be fully used for bike rentals in the JAVELO System and are refundable in the event of withdrawal, resignation or termination of the agreement during the period of operation.

XV. Complaints and Claims

15.1. A complaint regarding an incorrectly charged fee for the use of the JAVELO system shall be submitted via email to: reklamacje@javelo.pl immediately, preferably within 14 days from the date of the event subject to the complaint.

15.2. A correctly submitted complaint must include the User's identification data as referred to in point 6.4. of the Terms and conditions, details of the rental: name of the rental station or the area from where the bike was rented, name of the return station or the area where the bike was returned, 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 User's account. The operator provides access to the complaint forms in editable (.docx) and print (.pdf) versions available on the JAVELO website. The completed form should be sent by e-mail to the address: reklamacje@javelo.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 User to complete the information; the Operator reserves the right to leave the complaint unresolved until all the required data is provided.

15.4. The JAVELO Operator shall resolve a complaint within 7days 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 User'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 JAVELO Operator or the User and the execution of the judgment issued in the case.

15.6. The User has the right to appeal against the Operator’s decision within 14 days of its receipt by the User. Appeals shall be processed within 21 days from their receipt on the e-mail address: reklamacje@javelo.pl.

The User 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 Jaworzno.

15.7. The User 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 JAVELO Operator fails to provide a resolution of the complaint within 1 month from the date of the complaint.

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

15.9. Complaints and claims regarding the operation of the ŁPP System shall be submitted by e-mail to the following address: bok@javelo.pl within 30 days from the date of the occurrence of the event.

 

15.10. The JAVELO Operator will consider a complaint within 7 days since the day it is sent or any previously missing information is provided.

XVI. Withdrawal or Termination of the Agreement

16.1. The User has the right to withdraw from the Agreement without giving any reason within 14 days from the date of Agreement, provided that the service is not used.

15.2. Withdrawal from the Agreement shall be submitted by sending a statement of will of the User which shall be indisputable in regards to its intention to the email address: bok@javelo.pl along with the data enabling User’s identification, as referred to in point 6.4. of the Terms and conditions. The template for the withdrawal form can be found on the JAVELO website.

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 User to complete the required information. Operator reserves the right to leave the application unresolved until all the required data is provided.

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

16.5. The cancellation of the Agreement shall be submitted by sending a statement of will of the User which shall be indisputable in regards to its intention to the email address: bok@javelo.pl, along with the data enabling the User's identification. Cancellation of the Agreement is possible only when the balance on the User's account is not negative. Should the balance be negative, it is necessary to pay the amount due before submitting the statement. The cancellation form can be found on the JAVELO website.

 

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

16.7. Any top-ups issued to the account or their unused portion available on the User’s prepaid account, excluding the initial fee and/or unused bonuses, are refundable in the event of the withdrawal, cancellation or the conclusion of the Agreement. Withdrawal from the Agreement or cancellation of the Agreement causes the deletion of the User's account. The User's account becomes inactive. The above applies during the period of agreement and after its termination.

16.8. The User should use all of the initial fee paid during the registration process within the period of system’s operation as it is completely non-refundable.

XVII. Security measures 

 

17.1. Should the User breach the terms and conditions, the JAVELO System Operator reserves the right to implement security measures, such as:

• temporary or total blockade of the User's account,
• charging a handling fee resulting from the bike being left outside of the System Operation Area or within the Blue zone,
• making a telephone or e-mail contact with the User in order to voluntarily settle the amount due when the User's account balance is negative,
• blacklisting the User,
• reporting cases of theft or damage to the JAVELO System property to the competent authorities authorized to prosecute and punish the perpetrators of torts,
• termination of the agreement referred to in point 17.2.

17.2. The JAVELO Operator reserves the right to terminate the agreement on participation in the JAVELO System at any time in the event of a breach by the User of the terms and conditions, in particular in the event of:

• providing incorrect or incomplete data during the registration process;
• registration and use of JAVELO 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 13.1. and the Price List within 7 days;
• failure to settle a negative balance within 7 days;
• destruction / damage to the infrastructure of the JAVELO System (Bikes, Stations);
• unauthorized cycling;
• bike theft.