GENERAL BUSINESS CONDITIONS
FOR A REAL OPERATION OF BORROWING SHARED ELECTRIC BIKES IN THE CITY OF TRNAVA
1. General Provisions
These general business conditions (hereinafter “GBCs”) amend the mutual rights, obligations and principles of a contractual relationship based on a Transport Mean Hire Contract (hereinafter “the Hire Contract”) concluded in accordance with Section 630 and subs. of the Commercial Code between the City of Trnava (hereinafter “the City”) as a lessor of transport means, namely an electric bike registered in a system of electric bike hire (hereinafter “the Bikesharing System”), and a natural person, namely a citizen or visitor to the City of Trnava (hereinafter “the User”), as a lessee of transport means.
The Hire Contract shall be concluded for an indefinite period of time, starting from the date when the Hire Contract is signed by the User, based on registration in the Bikesharing System in the manner herein specified. The Hire Contract shall be subject to disclosure pursuant to Act No. 211/2000 Coll. regarding free access to information, as amended, which is obligatory for the City of Trnava.
2. Basic Conditions
After successful registration in the Bikesharing System, the User shall be entitled to temporary use of an electric bike for a payment, as indicated in the price list under the conditions defined herein, which comprises an inseparable part of these GBCs and it is published on the website www.arboriabike.sk.
Registration is available for all persons over 18 years of age.
Users can be registered in the Bikesharing System in three ways:
- Personally at the City Office in Trnava
This requires the User to personally attend the contact point, i.e. The City Office, Trhová 3, 917 71, Trnava, where they conclude the Hire Contract as part of a registration process. The following data will be required from the User by the City of Trnava: name and surname, address, date of birth, ID card number or other relevant card number. The data provided are to be verified by the City of Trnava against an ID card or other identification document, which is a condition of the User’s registration in the Bikesharing System. After successful registration, a user account is created, enabling the User to use the electric bikes.
- On the website www.arboriabike.sk
- By means of the mobile application “Freebike”
After registration under point 2 or 3, a Bikesharing account is created in the system for the User. However, the account will be blocked until the Hire Contract is signed. The User shall be obliged to sign the Hire Contract in person at the City Office in Trnava within 2 working days of the date of registration, or before their first ride at the latest. The following data will be required from the User by the City of Trnava: name and surname, address, date of birth, ID card number or other relevant card number. The data provided are to be verified by the City of Trnava against an ID card or other identification document, which is a condition for conclusion of the Hire Contract and for successful registration of the User to the Bikesharing System. Registration is successful after the Hire Contract is signed with the User. The User’s account shall subsequently be unblocked so that the User can start using the electric bikes.
An electric bike is herein understood as belonging among those electric bikes which are to be hired by the User. It shall be available at a station or at a freely accessible public place. Communication between the User and the Bikesharing System is carried out via a mobile application, a website using a User’s number (login) provided after conclusion of the Hire Contract, or via a card if the User expresses the wish to own one in the course of the Hire Contract conclusion. In the case of card loss or theft, a new card can be issued to the User for a payment amounting to €10.
The User of the Bikesharing System shall identify themselves against the City by means of their numbers, which are a login number and a PIN. It is recommended that the PIN be kept secret. The City shall disclaim from any misuse of either the login number or the PIN. The User shall be obliged to report on any loss or misuse of the login or PIN to the City, so that the numbers can be blocked. The User shall be entitled to change their PIN at any time on their account at the www.arboriabike.sk website address. Each User shall be responsible for technical protection of one’s equipment in order to avoid any misuse of one’s login data, i.e. for instance by means of an anti-virus programme or a similar programme.
The User is not allowed to share their bike with other persons, with exceptions as granted under section 3 below. The User is obliged to avoid any damage to the electric bike. The User shall bear the cost of damage caused by themselves, or by any person with access enabled by the User due to sharing of access to the Bikesharing System.
The electric bike is used and returned by the User to the City by means of the Bikesharing System. In the moment when an electric bike is left to be used by another User, that bike can be unblocked via the mobile application or using a User card for login into the Bikesharing System. The electric bike is returned by the User when they log out of the system via the mobile application or their card. The User shall be obliged to check that the bike has been returned in the proper manner by means of the mobile application and the colourful light signalling on the electric bike.
3. Regulations for the Use of Electric Bikes
Each User shall take responsibility for use of the electric bike and shall be obliged to check the technical condition of the bike immediately before appropriation, particularly (i) the brakes – both front and rear, (ii) central firmness of the wheels, (iii) firmness of the centre, which must not move, (iv) firmness of the head nut, (v) the operational capacity and position of the handlebars, (vi) the condition of wheels and tyres.
No electric bike may be used by any person under the age of 18, except when written consent is provided or amended to the Hire Contract concluded at a City Office in Trnava by the statutory representative of a person over the age of 16 during the process of Hire Contract conclusion for the use of an electric bike. If the User enables use of the Bikesharing System to any person under the age of 18, e.g. by providing their access data (login + PIN), payment means, etc., they shall assume all responsibility for that person.
If the User finds any defect in the technical condition of the electric bike, they shall be obliged to report it to the City via a contact telephone number or email, by filling in a contact form, or using the mobile application function “Problem Reporting”. They shall also be obliged to return the electric bike without any delay. The User is forbidden to perform any repairs on the electric bike, to modify it in any manner, to replace single parts, or to otherwise interfere with the electric bike. The above mentioned does not relate to modification of the seat height.
The User shall be obliged and committed to treating the bike as a proper caretaker, and to using the same in such a manner as to avoid any damage or excessive wear. The User shall be responsible for each and every damage caused to the electric bike, as well as for damage to the health and property of third parties caused by use of the electric bike under their access data, regardless of whether they or another party were using the bike at the time. If the electric bike is stolen or damaged throughout the period when it is being used by the User, the User shall pay the price of the electric bike to the City. In the case of any damage caused to the electric bike, the User shall pay the costs necessary for returning the electric bike to its original state. The City disclaims from any damage that might arise to the User in this respect.
The User shall be obliged not to leave the electric bike in places where there is a high risk of theft or of violation of third person rights.
The electric bike can only be used in publicly accessible places. Entering closed premises and private lands with the electric bike is forbidden.
Riding the electric bike in the pedestrian zone on Hlavná Street in Trnava is forbidden.
The User shall be charged for returning the electric bike outside of a classified area.The amount of the sum is indicated in the relevant valid price list, available on www.arboriabike.sk
Authorization of use can be controlled by an authorized employee of the City of Trnava and by members of the City Police. The User shall be obliged to prove cooperation.
4. Road Traffic Regulations
When using the electric bike, the User shall be obliged to follow traffic regulations as stipulated by relevant legal regulations in force, particularly Act No. 8/2009 Coll. on road traffic, as amended, and subsequent legal regulations. Sharing of the electric bike by more than one person at the same time is forbidden.
5. Traffic Accident
If the User is involved in a traffic accident, they shall be obliged to proceed in accordance with valid and effective legal regulations. They must inform the City without any delay on the contact number, through email, or by filling in the contact form.
At the same time, they shall be obliged to co-operate with the City as much as is necessary to resolve the event.
The User shall bear responsibility for any damage incurred by third parties, in accordance with generally binding legal regulations and to the extent of the infliction. The user must remunerate the city for any damage incurred to the electric bike.
6. Electric Bike Theft
Theft of the electric bike, or attempted theft during which damage has been incurred by the electric bike, must be reported to the City and to the State Police of the Slovak Republic without any delay by the User. If the User, through their own actions or neglect, violates the conditions for claiming insurance payouts via an insurance policy, or fails to comply with the GBCs hereof, particularly if they leave the electric bike unlocked, in an inappropriate place, etc., and the electric bike is stolen, damaged or destroyed, the User shall be obliged and committed to remunerate the damages to the City.
7. Charges for Electric Bike Use
The User shall be obliged to pay the City a charge (lease) for use of the electric bike according to the price list available on the website www.arboriabike.sk. The hire payment shall be accrued by deduction of an amount from the User’s credit. Credit is understood as a sum deposited by the User, which can then be reduced by single payments to the City for hire of the electric bike. If an owed sum exceeds the available credit amount, the User shall be obliged to remunerate the City for the sum without any delay. A contractual sanction will be charged for every day of delay, amounting to 1% of the outstanding sum.
8. Sanctions and Penalties
If the User uses the electric bike in any manner contradictory to the GBCs of the Bikesharing System, or fails to protect the electric bike against misuse, theft or damage, the City of Trnava shall be entitled to block that User’s account and require a contractual penalty amounting to 100-Eur, even repeatedly. This does not affect the User’s duty to remunerate the City for any damage incurred by the City in this respect.
If the User uses the electric bike in a manner contradictory to generally binding legal regulations, or violates their obligations resulting from these GBCs or the Hire Contract, and as a result a sanction is imposed directly on the City by respective police authorities or state administration authorities, the User shall be obliged to remunerate the City for this sanction. The City shall be entitled to require compensation for the sanction from the User and to charge the User for all costs incurred by the City in this respect.
9. Personal Data Protection
By registering in the Bikesharing System, the User must be aware that, with regard to the contractual relationship between the User and the City, personal data shall be processed in accordance with Article 6, par. 1., letter b) of the European Parliament and EU Council provision 2016/679 on 24 April 2016, which concerns protection of natural persons with respect to personal data processing, free movement of data, and abolishment of Directive 95/46/ES and Section 13, par. 1, letter b) of Act No. 18/2018 Coll., which concerns personal data protection with respect to name and surname, address, date of birth, ID card number or number of any other card proving one’s identity.
With respect to fulfilment and execution of one’s rights and obligations within the indicated contractual relationship, the User shall be informed about personal data processing in the Bikesharing System within the following scope: contact data (telephone number, email address, permanent residence address), information on the history of orders, information on the location of the electric bike at the moment of its appropriation and return, date of registration into the Bikesharing System, data on telephone number verification.
The personal data being processed are confidential, are to be used exclusively to execute the Hire Contract and GBCs herein, and will not be otherwise disclosed or provided to any third party.
The affected person shall be entitled to exercise their rights in accordance with Articles 15–22 of the European Parliament and EU Council Provision 2016/697, from 27 April 2016, which concerns the protection of natural persons, and Act No.18/2018 Coll. on personal data protection as amended.
10. Termination of a Contractual Relationship
The contractual relationship between the User and the City shall be terminated if the User does not use the Bikesharing System (i.e. the electric bike is not used and returned) or fails to increase their credit for a period longer than one year.
Without stating any reason, the Hire Contract can be terminated by a notice from any contracting party delivered to the address of another contracting party, as indicated in the Hire Contract. The Contract shall be terminated after expiration of a notice period, which begins on the day following the day of the notice delivery to another contracting party. The User can withdraw from the contract within 14 days of conclusion of the Transport Means Hire Contract.
Accounts receivable by the City from the User shall remain valid even after the contractual relationship has been terminated.
After withdrawal of the User from the Contract, the User shall be entitled to the return of all remaining credit. After termination of the contractual relationship, or after termination of the Hire Contract by notice, the remaining credit shall be used to settle any receivables against the City by the User. In such cases, the remaining credit will not be returned to the User and will remain available to the City as remuneration for removing the User from the system.
Termination of the contractual relationship results in termination of the User’s right to use electric bikes from the Bikesharing System. The User will be removed from the Bikesharing System and their account will be blocked.
11. Common and Final Provisions
The User shall be aware that they, as a consumer, shall be entitled to submit a proposal for alternative resolution of disputes to the Slovak Business Inspection, in accordance with the Act No. 319/2015 on an alternative resolution of consumer disputes as amended.
As per Act No. 102/2014 Coll. on consumer protection in the selling of goods or providing services as amended, and in accordance with a contract concluded remotely or outside the vendor’s premises, a Proposal for the extrajudicial resolution of a dispute resulting from a contract concluded via a website can also be submitted via a platform for dispute resolution online, which is operated by the European Commission.
The existence of the above-mentioned extrajudicial methods shall not affect any other options for dispute resolution.
The Hire contract concluded, and each use of the electric bike, shall be governed by the GBCs.
Relationships not amended by these GBCs and the Hire Contract shall be governed by relevant legal regulations.
These GBCs became valid and effective on 1 March 2019.
The City shall be entitled to unilaterally amend the GBCs, and the User shall accept the amendment at their first electric bike appropriation after the amended GBCs are published on the website www.arboriabike.sk
Any amendments and annexes thereto shall be declared by the City on its website www.arboriabike.sk at least 14 days before being put into effect.
By registration in the Bikesharing System and conclusion of the Hire Contract, the User confirms that he or she has read the GBCs and agrees with them.
Hire Contracts concluded during the trial run shall remain valid.