FOR OPERATION OF SHARED ELECTRIC BIKES IN THE CITY OF TRNAVA

 

I. General Provisions

1. 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 (hereinafter as “the Hire Subject”) 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.
   
   
2. 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, (Act on Free access to Information) which is obligatory for the City of Trnava.

 

II. Basic Conditions

1. 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 bikesharing.trnava.sk.
   
   
2. Registration is available for all persons over 18 years of age.
   
   
3. Users can be registered in the Bikesharing System in three ways:

• On the website bikesharing.trnava.sk
• By means of the mobile application “Freebike”

 

 

5. An electric bike is herein understood as belonging among those electric bikes which are to be hired by the User available at a station or at a freely accessible public place. Communication between the User and the Bikesharing System is carried out via a) a mobile application, b) a website using a User’s number (login) provided after conclusion of the Hire Contract, or c) via a cardif the User expresses the wish to own one in the course of the Hire Contract conclusion. In the case of the card loss or theft, a new card can be issued to the User for a payment amounting to €10.

6. The Users of the Bikesharing System shall identify themselves against the City by means of their access data, 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 both the login and PIN can be blocked. The Users shall be entitled to change their PIN at any time on their account at the bikesharing.trnava.sk website address. Each User shall be responsible for technical protection of one’s mobile telephone or any other equipment in order to avoid any misuse of one’s login data, i.e. for instance by means of a secured access to the device, an anti-virus programme or a similar programme.

7. The User is not allowed to share their bike with other persons, with an exception as granted under section 3 herein. The User is obliged to avoid any damage to the electric bike. The User shall bear the damage caused by oneself, or by any person with access enabled by the User by one’s own conduct or due to act of omission of access to the electric bike.

8. The electric bike is used and returned by the User to the City by means of the Bikesharing System. An electric bike is left to be used by a User when that bike is 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 or one’ ard (options for returning of the Hire Subject are included in the price list).

III. Regulations for the Use of Electric Bikes

1. 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 at the latest, particularly:

• the brakes – both front and rear,
• operational capacity and position of the handlebars
• the condition of wheels and tyres.

2. 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 and 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.

 

3. 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.

4. 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 throughout the period when the electric bike is used, 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 as a result of their acting or omission of an obligation resulted thereto, the User shall pay the costs necessary for returning the electric bike to its original state and in the case of any damage caused to the electric bike the User shall pay its purchase price to the City. The City disclaims from any damage that might arise to the User in this respect.

5. 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.

6. The electric bike can only be used in publicly accessible places. Entering closed premises and private lands with the electric bike is forbidden.

7. Riding the electric bike in the pedestrian zone on Hlavná Street in Trnava is forbidden. In case that this prohibition is violated by the User, his account shall be blocked for violation of GBCs and he shall be sanctioned with a contractual penalty corresponding to a relevant price list available on the website bikesharing.trnava.sk.  the User’s account shall be unblocked again after the contractual penalty has been paid by him.

8. 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 bikesharing.trnava.sk The electric bike cannot be returned outside of a classified red zone.

9. Parking (i.e. leaving) shared city electric bikes into a bike tower is forbidden. In case that this prohibition is violated by the User or any other person and damage is incurred by  the operator or to the third party, he shall be obliged to compensate all the damage caused by him. The registered User’s account shall be blocked and he will be sanctioned with a contractual penalty amounting to the sum as indicated in the relevant price list available on the website bikesharing.trnava.sk. In consequence, the contract with the User shall be terminated pursuant to the article X herein. Repeated registration of the User is not permitted.

10. Electric bike must not be locked with a bike lock or in any other manner.

11. Authorization of use can be controlled by an authorized employee of the City of Trnava. The User shall be obliged to prove cooperation.

 

IV. Road Traffic Regulations

 

1. 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.

 

V.  Traffic Accident

1. 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, +421 917 335 430, through email bikesharing@trnava.sk, 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.

 

2. 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 by the electric bike.

 

VI. Electric Bike Theft

 

1. Theft of the electric bike, or attempted theft during which damage has been incurred by the electric bike, must be reported by the User to the City and to the District Directorate of the State Police of the Slovak Republic without any delay.

2. 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 thereof, (particularly if they leave the electric bike unlocked from the Bikesharing system, 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.

 

VII. Charges for Electric Bike Use

 

1. The User shall be obliged to pay the City a charge for use of the electric bike according to the relevant  price list available on the website bikesharing.trnava.sk.

2. After a payment for the period is settled by the User, the City shall add a credit to the User account in the Bikesharing system amounting to a payment for the period by a relevant price list indicated on a bikesharing.trnava.sk website.The 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, payment for returning of the electric bike outside a classified area and the payment for breaks.

3. If an owed sum exceeds the available credit amount, the User shall be obliged to remunerate the City for the sum without any delay i.e. within 5 working days at the latest. A contractual sanction will be charged for every day of delay, amounting to 1 % of the outstanding sum.

4. If after the end of a period the outstanding credit charged by the User is exceeding the amount of the payment for a period it can be added to the User’s credit for the following season in case the User pays a payment for the following period

5. In case of extraordinary circumstances due to force majeure (especially but not only the COVID-19 pandemic) and based on the decision of the Mayor of Trnava the User’s credit can be transferred to the following season.

 

VIII. Sanctions and Penalties

 

1. If the User uses the electric bike in any manner contradictory to the GBCs of the Bikesharing System, or fails to protect appropriately 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 Eur 100-. The User account shall be unblocked again after the penalty has been paid by him. The contractual penalty may be imposed repeatedly in case of constant violation of these GBCs by the User. This does not affect the User’s duty to remunerate the City for any damage incurred by the City in this respect.
   
   
2. In case of violation of the art. III, par. 7 and 9 respectively of these GBCs the contractual penalty shall be imposed on the User in accordance with a relevant price list indicated on a website bikesharing.trnava.sk.
   
   
3. 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.
   
   
4. The City shall be entitled to decide on possible reduction of the contractual penalty or that it is not imposed with an account taken on individual circumstances of a particular case.

 

IX. Personal Data Protection

1. 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, as amended, (hereinafter as “Act No.18/2018 Coll”) with respect to name and surname, address, date of birth, ID card number or number of any other card proving one’s identity.
   
   
2. With respect to fulfilment and execution of one’s rights and obligations within the indicated contractual relationship with the City, 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.
   
   
3. The personal data being processed are confidential, are to be used exclusively to execute the Hire Contract and GBCs herein, and will be disclosed only to the extent of a contract being made publically available which is obligatory in accordance with the Act on freedom of information and not be otherwise disclosed or provided to any third party.
   
   
4. 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.

X. Termination of a Contractual Relationship

1. The contractual relationship between the User and the City shall be terminated by:

a. withdrawal from the Contract,

b. termination of a contractual relationship

c. notice

d. agreement of contracting parties.

2. The User can withdraw from the contract within 14 days of conclusion of the Transport Means Hire Contract. After withdrawal of the User from the Hire Contract, the remaining credit of the User shall be used to settle any receivables against the City by the User and remaining credit is to be returned to them  upon a written request.

3. The contractual relationship between the User and the City shall be terminated if the User fails to increase their credit for the following period. After termination of the contractual relationship, the remaining credit shall be used to settle any receivables against the City by the User and remaining credit is to be returned to them upon a written request.

4. 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 head of 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. After a notice given a credit amounting to a fee for the period is deduced from the User account and any accounts receivables of the City against the User shall be settled and the remaining credit is to be returned to the User.

5. Accounts receivable by the City from the User shall remain valid even after the contractual relationship has been terminated.

6. 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.

XI. Common and Final Provisions

1. 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.

2. 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.

3. The existence of the above-mentioned extrajudicial methods shall not affect any other options for dispute resolution.

4. The Hire contract concluded, and each use of the electric bike, shall be governed by the GBCs.

5. Relationships not amended by these GBCs and the Hire Contract shall be governed by relevant legal regulations.

6. These GBCs became valid and effective on 25 February 2020.

7. 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 bikesharing.trnava.sk.

8. Any amendments and annexes thereto shall be declared by the City on its website bikesharing.trnava.sk at least 14 days before being put into effect.

9. By registration in the Bikesharing System in accordance with the art. II, par. 3 letter b) and c) and conclusion of the Hire Contract in accordance with the art. II, par. 3, letter a) the User confirms that he or she has read the GBCs and agrees with them.

10. Hire Contracts concluded during the trial run shall remain valid.

Amendment

to the General Business Conditions for the Operation of Shared Electric Bikes in the City of Trnava no. 1

 

Article no. I

Subject of the Amendment

1. The new Article 3a) has been included after the Article no. 3 “Regulations for the Use of Electric Bikes” of the General Business Conditions for the Operation of Shared Electric Bikes in the City of Trnava (hereinafter “GBCs”), and including the heading, it is worded as follows:

 

“3a) Specific regulations for the use of cargo bikes

 

A cargo bike is defined as a specific type of an electric bike and regulations specified in the Amendment.

The cargo bike is specifically designed to be used by parents with children. Children occupy the designated front part of the bike.

 

The cargo bike User may only be a natural person who meets all the following conditions:

a) Is validly registered in the Bikesharing System of the City of Trnava according to the GBCs,

b) is a citizen of the City of Trnava,

c) is over 18 years of age and simultaneously is a parent of at least a 1-year-old child or has a 3-or-more-year-old sibling,

d) has paid the deposit at the time of booking.

 

 

Cargo bike condition of use:

a) The User is allowed to carry an additional passenger only if the passenger meets the conditions for transportation, and bears the full responsibility for the passenger’s safety,

b) the User is obliged to secure the cargo bike with an appropriate locking device (a bike lock) when parking the cargo bike and when it is left unsupervised ,

c) when carrying a passenger under 15 years of age, the User is obliged to ensure that the passenger is equipped with head protection (a helmet) throughout the whole period of use,

d) the User must not exceed the maximum permitted weight of 150 kg which includes the user, passengers, and cargo.

 

Passenger conditions:

a) minimum 1 year of age,

b) maximum 15 years of age,

c) maximum height of 140 cm.

 

The cargo bike can be booked during business days from Monday to Thursday.

The cargo bike booking options:

a) Personal booking at the Trnava City Hall during office hours 8:00 a. m. — 8:00 p. m.,

b) telephone booking at: 033/32 36 301 or,

c) booking via e-mail at cargobike@trnava.sk.

Booking confirmations shall be properly announced by the City of Trnava on its official website.

 

The use of the cargo bike is free of charge.

 

The bike is borrowed and returned at the City Hall located on the following address: Hlavná Street 1, Trnava.

 

It can be borrowed and returned daily from 8:00 a. m. to 8:00 p. m.

The single-use period of the cargo bike is 1 hour minimum and 3 hours maximum on business days, weekends, or holidays. The User is obliged to return the cargo bike at the agreed time.

 

The cargo bike is used and returned in accordance with the Borrowing Protocol signed between the Provider (a city employee in charge) and the User.

By signing the Appropriation Protocol, the User accepts the obligation to pay the €50 refundable deposit, which can be paid in following ways:

1. 1. Via the Freebike mobile application:

a) The User signs in to the cargo tariff,

b) and pays the refundable deposit.

1. 2. Via the bikesharing.trnava.sk website:

a) The User clicks on the “Cargo bikes” link,

b) and pays the refundable deposit.

1. 3. In the cash office and client centre at the Trnava City Office:

a) in cash,

b) or by card.

The refundable deposit for each cargo bike borrowed shall be used:

a) to replace the cargo bike or its parts in case of loss or damage,

b) or to pay the penalty for exceeding the agreed time of use. The amount of the penalty for exceeding the time of use for more than 15 minutes amounts to €20.

The deposit shall be refunded:

a) within 10 business days following the end of the bike-sharing season in the given calendar year,

b) if User loses interest in the provided service, within 10 business days following the proven announcement of the User to quit using the cargo bike system.

After proper clearance, the Provider shall refund the deposit in the corresponding sum.

 

The User is obliged to return the cargo bike including its equipment on the agreed date, which is stated in the Borrowing Protocol. The cargo bike may be returned before the agreed date.

The City of Trnava reserves the right to modify the operating or delivery time of the cargo bike if extra time for technical maintenance or repair is necessary.

 

During the 2020 Bikesharing season, the cargo bikes pilot scheme is available and the Users are selected by the City of Trnava.”

 

1. The following wording in the Article no. 11 “Common and Final Provisions” of the GBCs is:

- hereby repealed:

“Any amendments and appendices thereto shall be published by the City on its website bikesharing.trnava.sk at least 14 days before they enter into effect.”

- and replaced by:

“Any amendments and appendices thereto shall be published by the City on its website bikesharing.trnava.sk at least 2 days before they enter into effect.”

 

Article no. II

Final Provisions

1. The other provisions of the General Business Conditions for Operation of Shared Electric Bikes in the City of Trnava remain unchanged.
2. The Amendment no. 1 of the GBCs shall enter into effect by 15 July 2020.

 

 

The Cargo Bike Appropriation/Return Protocol

 

 

The Provider:

 

Name:	The City of Trnava
Address:	Hlavná 1, 917 71 Trnava
Company registration Number:	00 313 114

 

 

The User:

 

Full name:
Permanent residence:
Birth certificate number:
Personal ID code:

 

 

 

To be filled in by the User:

/delete as appropriate/

 

I am / I am not	registered in Trnava bikesharing.
I am / I am not	a parent of a child older than one year of age.
I am / I am not	a sibling of a person older than three years
I have / I have not	paid the €50 refundable deposit via the Freebike mobile application/or via the website bikesharing.trnava.sk/or at the cash office of the Trnava City Office Client Centre

 

Note:

The Provider is eligible to verify the accuracy of the submitted data in the City of Trnava self-government information system.

 

 

User submission

 

By signing the Protocol, I, the User and the relevant person, consent to processing of my personal data without any reservation. As the relevant person, I hereby declare that the personal data I have provided are true and in accordance with Section 5(n) of Act no. 18/2018 Coll. on personal data protection as amended. I hereby give the City of Trnava, as the service Provider, my consent for processing my personal data submitted in the Protocol including photocopies of identity documents for the purpose of service provision and/or for the purpose of compliance with the internal regulations of the Provider defined in the subject of this protocol. I also agree that the Provider can share my personal with other entities in territory of the Slovak republic entering the legal procedures related to the provision of this service in accordance with the relevant regulations. This consent remains valid while the data of the relevant person need to be processed for a verifiable purpose.

By signing the Protocol, I as the User confirm, that I am familiar with the conditions for the cargo bike use and I agree with them as specified in the GBCs without any reservation.

 

 

 

 

Part A — The Cargo Bike Appropriation Protocol

 

 

Identification number of the cargo bike:
Place of borrowing:
Date of borrowing:
Time of borrowing:
Signature of the authorised person on behalf of the Provider:	Signature of the User:   By signing this, I confirm that the data submitted in this Protocol are accurate.

 

 

Part B — The Cargo Bike Return Protocol

 

 

Identification number of the cargo bike:
Place of return:
Date of return:
Time of return:
Signature of the authorised person on behalf of the Provider:	Signature of the User:   By signing this, I confirm that the data submitted in this Protocol are accurate.

Amendment

to the General Business Conditions for the Operation of Shared Electric Bikes in the City of Trnava no. 2

 Article no. I

Subjet of the Amendment

 

1. The original wording of Section no. 3 of Article no. 10 “The Termination of the Contractual Relationship” is hereby repealed and replaced by the following wording:

“The contractual relationship between the User and the City shall be terminated if the User fails to increase their credit for 2 following periods. After the termination of the contractual relationship, the remaining User’s credit shall be used to settle any receivables with the City, and the remaining credit shall be returned to the User upon a written request.”

 

Article no. II

Final Provisions

 

1. The other provisions of the General Business Conditions for the Operation of Shared Electric Bikes in the City of Trnava remain unchanged.

2. The Amendment no. 2 of the GBCs shall enter into effect by 1 March 2021.