Terms and Conditions for the Provision of Electronic Services by SzczecinCityBikes
- General Provisions
- These Terms and Conditions define the types, scope, and conditions for the provision of electronic services by SzczecinCityBikes, operating under the business name “PLATINUM ŁUKASZ TARGOWSKI,” with its registered office in Szczecin (70-453) as part of SzczecinCityBikes’ operations in Szczecin.
- These Terms and Conditions for the Provision of Electronic Services by SzczecinCityBikes in Szczecin were issued pursuant to Article 8(1)(1) of the Act of July 18, 2002, on the Provision of Electronic Services (consolidated text: Journal of Laws of 2017, item 1219) (hereinafter “ Terms and Conditions”).
- SzczecinCityBikes in Szczecin (70-461) at 27 Marszałka Józefa Piłsudskiego Street, including its website, is operated by the company “PLATINUM ŁUKASZ TARGOWSKI,” headquartered in Szczecin (70-453) at 19 Papieża Jana Pawła II Avenue, NIP: 8522407561, REGON: 320008330, which, as a business entity, is registered in the Central Register and Information on Economic Activity.
- These Terms and Conditions set forth:
- The type and scope of services provided electronically by the company “PLATINUM ŁUKASZ TARGOWSKI,” with its registered office in Szczecin, via the website available on the Internet at: https://szczecincitybikes.pl/,
- Technical Terms and Conditions for the Provision of Electronic Services,
- Terms and Conditions for Making Reservations Through the Online Reservation System Available at: https://szczecincitybikes.pl/, which enable the booking of a service (hereinafter “Reservation Agreement”),
- Rules and procedures for filing complaints.
- These Terms and Conditions, as well as the provision of electronic services and the conclusion of distance contracts, are governed by Polish law, in particular the Act of April 23, 1964—the Civil Code, the Act of May 30, 2014, on Consumer Rights, the Act of July 18, 2002, on the Provision of Electronic Services, and the Act of August 29, 1997, on the Protection of Personal Data.
- These Terms and Conditions are available on the website https://szczecincitybikes.pl.
- The operator of the SzczecinCityBikes website in Szczecin is the company “PLATINUM ŁUKASZ TARGOWSKI,” headquartered in Szczecin
- The Service Provider's email address is as follows: biuro@szczecincitybikes.pl
- Service Provider's phone number: +48 501 33 00 34
- The terms used in these Terms and Conditions have the following meanings:
- Customer – a service recipient who is a natural person, a legal entity, or an organizational unit without legal personality that uses the services provided electronically by the Service Provider, and who may also use the Service Provider’s services, obligated to comply with these Terms and Conditions;
- Service Provider - the company “PLATINUM ŁUKASZ TARGOWSKI,” with its registered office in Szczecin (70-453) 19 Pope John Paul II Avenue ,
- Company - SzczecinCityBikes in Szczecin (70-461) at 27 Marszałka Józefa Piłsudskiego Street, operated as part of the Service Provider’s business activities,
- Telecommunications Law - Act of July 16, 2004—Telecommunications Law (consolidated text: Journal of Laws of 2017, item 1907)
- Company Website – the Company’s website, available at https://szczecincitybikes.pl/
- Information and Communications Technology System - a set of interconnected IT devices and software that enables the processing and storage of data, as well as the transmission and reception of data via telecommunications networks using terminal equipment appropriate for the given type of network, as defined in the Telecommunications Law,
- Provision of Services Electronically - the performance of a service provided without the simultaneous presence of the parties (remotely), through the transmission of data at the Customer’s individual request, sent and received using electronic data processing equipment, including digital compression, and data storage, which is entirely sent, received, or transmitted via a telecommunications network as defined by the Telecommunications Law,
- Service or services - services provided electronically by the Service Provider, as described in Section 2 of these Terms and Conditions,
- Means of electronic communication - technical solutions, including information and communication technology (ICT) devices and associated software tools, that enable individual remote communication through data transmission between ICT systems
- Contact Form – an online form available on the Company’s website used for communication between the Customer and the Company,
- Reservation System – an online system through which a Customer can book the Company’s services directly via the Company’s website,
- Before using the services provided by the Service Provider through the Company’s website, the Customer agrees to review these Terms and Conditions and declares that he or she understands and accepts their content.
- The court with jurisdiction to resolve disputes that may arise from services provided electronically is the court having jurisdiction over the Service Provider’s place of business.
- The Service Provider shall make these Terms and Conditions available to the Customer free of charge prior to the conclusion of the service agreement via electronic means, as well as - upon the Customer’s request - in a manner that allows the Customer to access, view, and save the content of the Terms and Conditions using the Customer’s information and communications technology system.
- Types and Scope of Electronic Services
- The Service Provider provides services to the Customer to the extent and under the terms and conditions set forth in these Terms and Conditions.
- The services provided electronically by the Service Provider as part of the Company's business operations are:
- Maintenance of the website at: https://szczecincitybikes.pl/ through which the Customer can obtain information about the Company and the services it provides, enabling the Customer to send and receive data made available by the Company via its website;
- operating an online bicycle reservation system at the Company, through which a contract for services provided by the Company may be concluded remotely.
- These Terms and Conditions constitute an integral part of the agreements for the provision of electronic services entered into by the Service Provider and the Customer. The Customer may review these Terms and Conditions at any time, particularly before entering into a reservation agreement. The Terms and Conditions are available at: https://szczecincitybikes.pl/ and on the website https://szczecincitybikes.pl/ before making a reservation through the reservation system.
- Acceptance of the Terms and Conditions during the booking process, as well as acceptance of the Terms and Conditions through the use of the contact form, constitutes the conclusion of a contract for the provision of electronic services without the need to draw up a separate contract; this does not, in and of itself, constitute the conclusion of a Booking Agreement. The Customer agrees to the Terms and Conditions by placing an order, confirming that they have read the Terms and Conditions when making a reservation or using the contact form, or by implication, if the Customer continues to use the website after reading the Terms and Conditions. https://szczecincitybikes.pl/. In case of doubt, it is deemed that the contract for the provision of electronic services is concluded at the moment the Customer enters the Company’s website address into a web browser.
- Making a payment when placing a reservation or when submitting a contact form via the website's control panel https://szczecincitybikes.pl/ means that the Customer has read the Booking Terms and Conditions, understands them, agrees to the terms set forth therein, and accepts the terms of service.
- The customer is required to comply with these Terms and Conditions.
- The customer may discontinue using the services provided electronically on the website at any time https://szczecincitybikes.pl/. If a Reservation Agreement has been entered into, the termination of the use of the services provided electronically does not affect the rights or obligations arising from the conclusion of that agreement.
- The Customer is prohibited from providing, in any form, content of an unlawful nature, including, in particular, content that is offensive, misleading, or infringes on the rights of third parties, as well as content containing viruses or that may cause damage or disruption to the operation of computer systems.
- The Customer is required to comply with the prohibition on the misuse of electronic means of communication and to refrain from transmitting, through or to the Service Provider’s information and communication technology systems, any content that could disrupt the operation of or overload the information and communication technology systems.
- A particular risk associated with the use of electronic services is the possibility that unauthorized persons may gain access to data transmitted over the network or stored on computers connected to the network and tamper with that data, which may result in consequences such as data loss, alteration, or the inability to continue using the electronic services offered via the website https://szczecincitybikes.pl/.
- The costs of the Customer’s Internet connection to the Service Provider’s website shall be borne by the Customer, in accordance with the price list of the telecommunications provider through which the Customer gained access to the Internet, including the transmission and receipt of electronic data from the website https://szczecincitybikes.pl/.
- The customer is not subject to any additional fees imposed by the Service Provider in connection with the use of the website https://szczecincitybikes.pl/.
- The Service Provider ensures the confidentiality of the Customer’s communications, including information transmitted via the Internet through the Company’s website, as well as data concerning and entered by Customers, solely within the Service Provider’s information and communications technology system and only to the extent that such information is not public or its disclosure is not necessary for the Service Provider to properly provide its services, or its disclosure is not required by applicable law or by a government authority.
- Access to up-to-date information regarding changes to the manner and scope of providing services electronically, as well as to the information referred to in Article 6 of the Act on the Provision of Electronic Services, The Service Provider will provide this information via the Company’s website or via email using the contact form.
- Information regarding specific risks associated with the use of electronically provided services is included in Appendix 1 to the Terms and Conditions.
- Reservation Agreement
- Pursuant to these Terms and Conditions, the Service Provider provides electronic services related to the operation of an online bicycle reservation system, enabling the Customer to reserve a bicycle for a specific date.
- The provisions of this Section 3 also govern the rules for making reservations, canceling reservations, methods and deadlines for payment of reservations, and reservation confirmations, in connection with the remote conclusion of a contract for the company’s services.
- As part of the service provided electronically for the purpose of entering into a Reservation Agreement through the reservation system available on the Company’s website, the Service Provider provides the Customer with electronic forms that allow the Customer to make a reservation in order to enter into a Reservation Agreement.
- The Customer is required to provide the information marked as required. The information provided by the Customer must be current and accurate. The Customer bears sole and full responsibility for any consequences resulting from the provision of false information.
- A reservation agreement may be entered into with the Service Provider through the reservation system available on the website https://szczecincitybikes.pl/. The Reservation Agreement is concluded after the Customer has been informed of the type, scope, and price of the specified services, the Customer has selected a specific service, the Customer has made payment in accordance with the selected service offer, and the reservation has been submitted through the reservation system. Payment is processed directly by the system during the booking process. The Booking Agreement is concluded upon the Company’s acceptance of the booking—via an automatic email notification confirming payment and booking to the address provided by the Customer.
- Reservation agreement made through the reservation system on the Company's website.
- A reservation agreement may also be concluded via electronic communication—by email or phone—directly with the Company. The Reservation Agreement is concluded after the Customer submits a statement confirming the conclusion of the Reservation Agreement, upon receipt of a guaranteed email confirmation of the reservation from the Company sent to the email address provided by the Customer, from the Company’s email address: biuro@szczecincitybikes.pl.
- Making and paying for a reservation through the system on the website https://szczecincitybikes.pl/ means that the Customer has read the Reservation Terms and Conditions, understands them, agrees to the terms set forth therein, and accepts the terms of service.
- For reservations made through means other than the reservation system, the Customer will receive the Terms and Conditions via email. The Customer’s acceptance of the reservation terms constitutes acceptance of the Terms and Conditions.
- The conclusion of the Reservation Agreement results in the conclusion of a distance service agreement between the Customer and the Service Provider.
- Prices listed on the website https://szczecincitybikes.pl/ These are gross prices (including VAT). All information regarding prices and the scope of services is provided through the reservation system and on the website.
- The transaction is conducted in PLN. Prices listed in other currencies are for reference only and are converted using an approximate exchange rate. The binding transaction price is the price listed in PLN.
- If the Customer makes a transfer, the Customer is responsible for all costs associated with the transfer, including commissions and other fees charged by the bank or financial institution through which the Customer makes the transfer.
- Payment methods available through the reservation system:
- payment card: Visa, Visa Electron, MasterCard, Maestro, MasterCard Electronic,
- ePrzelew: Pay with Inteligo, Eurobank Online Payments, Pay with ING, mTransfer, MultiTransfer, Pay with Nordea, Przelewy24, BPH Transfer, Crédit Agricole Online Transfer, Pay with iPKO, Pekao24Przelew, Pay with Citi Handlowy, PayWay Toyota Bank, MeritumBank Transfer, Pay with BOŚ, Pay with Alior Bank, Millennium Deutsche Bank Polska S.A., Bank Pocztowy, BS Wschowa, Plus Bank S.A., Kredyt Bank S.A., Raiffeisen Bank Polska S.A.
- If the required payment is not made by the due date and the Customer does not contact the Company, the reservation is automatically canceled after the payment deadline has passed, and no reservation agreement is concluded.
- Customer You may cancel or change a reservation by contacting the Company's customer service team via email at: biuro@szczecincitybikes.pl Please include “cancellation/change of reservation no. …” in the subject line of the email. The cost of canceling a reservation is determined by the terms and conditions of the service booked. A reservation can be changed only after the Company has approved the change.
- If the Customer is entitled to a refund due to the cancellation of a reservation, the refund will be issued in the same manner as the original payment (e.g., for credit card payments—to the credit card account; for bank transfers—to the bank account from which the transfer was made) within 14 days of the Company’s approval of the Customer’s reservation cancellation.
- A reservation may be canceled free of charge within the timeframe specified in the individual reservation terms and conditions for the selected service package. In such a case, the prepayment will be refunded within 7 days of the cancellation request. If a reservation is canceled after this deadline or if the Customer fails to pick up the bicycle, the Company will retain 40% of the reservation amount paid by the Customer, unless otherwise specified in the offer for the reserved service.
- Certain service offers may require a non-refundable fee of up to 100% of the booking value, with no option to cancel the reservation.
- Subject to the possibility of canceling a reservation under the terms described above, pursuant to Article 38(12) of the Act of May 30, 2014, on Consumer Rights, the Customer is not entitled to withdraw from the reservation agreement.
- The manner and timing of the Service Provider’s performance of the services depend on the Customer’s selection of the type of service and the deadline for its performance. The Agreement is concluded for a fixed term—for the duration of the service agreement, within the timeframe specified by the parties to the Agreement. The Customer is informed of the manner and timing of the Service Provider’s performance of the services no later than at the time the Customer expresses their intent to be bound by the reservation agreement (service agreement)—via the booking system, and if the agreement is concluded in another manner—in accordance with the method of conclusion—by email to the address provided by the Customer.
- The service provider is liable for the quality of the services provided under the terms set forth in applicable law, in particular under the terms set forth in the Civil Code.
- The service provider does not offer after-sales services or warranties.
- Personal Information
- The Service Provider is the controller of the Customer’s personal data and processes such data for the purpose of concluding, administering, and fulfilling the Reservation Agreement, in accordance with Article 23(1)(3) and (5) of the Personal Data Protection Act.
- The Service Provider processes personal data provided by Customers solely for the purpose for which it was provided and undertakes to keep it confidential and not to disclose it to third parties, unless such disclosure is based on the Customer’s express consent or on generally applicable laws. The Service Provider ensures that Customers’ personal data provided in connection with the provision of electronic services and in connection with the conclusion of a service agreement will be processed solely for the purpose of performing those services, in accordance with the Personal Data Protection Act and the Act on the Provision of Electronic Services.
- In accordance with the provisions of the Personal Data Protection Act, the Customer consents to the Company’s processing of their personal data in connection with the Reservation Agreement or the use of the contact form, after clicking the appropriate checkboxes.
- Customer data is stored and processed in accordance with the provisions of the Personal Data Protection Act and the Act on the Provision of Electronic Services.
- The Service Provider implements all necessary security measures for its servers, connections, and website to protect Customers’ personal data. However, the measures taken by the Service Provider may prove insufficient if the Customer does not follow security guidelines.
- The Customer’s personal data will be used solely for the purpose of facilitating the entire booking process and entering into the Booking Agreement, as well as for responding to questions asked in the contact form, in accordance with the provisions of the Personal Data Protection Act.
- The Service Provider may process the Customer’s personal data that the Customer entrusts to it and that is necessary to establish, define the content of, modify or terminate the legal relationship, and the proper performance of services provided electronically and services provided by the Company, including: first name, last name or company name, address, email address, and phone number.
- The Service Provider may process the Customer’s personal data that the Customer provides to it—first name, last name or company name, address, email address, and phone number—for the purpose of handling complaints submitted by the Customer.
- The customer has the right to request that personal data be supplemented, updated, correction of their personal data, the temporary or permanent suspension of its processing, or its deletion, if the data is incomplete, outdated, inaccurate, or if it was collected in violation of the law, or if it is no longer necessary to achieve the purpose for which it was collected, and also has the right to submit a written request to cease the processing of their personal data in the cases and under the conditions specified in the Personal Data Protection Act and the Act on the Provision of Electronic Services.
- If the Service Provider becomes aware that the Customer is using the electronically provided service in a manner inconsistent with these Terms and Conditions or applicable laws (unauthorized use), the Service Provider may process the Customer’s personal data to the extent necessary to determine the Customer’s liability, provided that it records, for evidentiary purposes, the fact of receiving such information and its content. The Service Provider may notify the Customer of his or her unauthorized actions, demanding that they cease immediately, as well as of the Service Provider’s exercise of its right to establish the Customer’s liability.
- Technical Specifications
- To use the Company’s website, you must have Internet access and a web browser installed. To use the reservation system properly, you must be using Internet Explorer version 8.0 or higher, Chrome 34 or higher, or Firefox 29 or higher, and JavaScript and cookies must be enabled in your web browser.
- Electronic services are available 24 hours a day, 7 days a week.
- The following technologies may be used in the reservation system: Java, JavaScript, XML, PHP, cookies, HTML, and CSS. Certain pages of the system may require you to log in or use the SSL encrypted transmission protocol.
- Closing the Customer’s browser may result in the deletion of data submitted to the system located on the Company’s website. All settings that affect whether a session is maintained or terminated are located in the Customer’s web browser.
- In order to ensure the highest possible quality of service, the Company may use information stored by the server on the Customer’s device, which is then read each time the web browser connects (so-called cookies). The Customer may at any time change their web browser settings to refuse cookies or to be notified when they are sent. Refusing cookies may cause difficulties in using the Company’s website. The Customer’s use of a web browser whose settings allow cookies to be stored on the Customer’s device constitutes consent to the storage of such cookies on that device.
- Rules and Procedures for Filing a Complaint
- A complaint is defined as a report submitted by the Customer to the Service Provider regarding objections to the services provided by the Service Provider, including the services themselves.
- A customer may file a complaint:
- in writing—by mail to the Service Provider’s registered office or to the Company’s address;
- u— by phone at the company’s number;
- in electronic form—via email to the Company’s email address.
- Complaints regarding a stay at the Company should be submitted in writing, including by email, to the Company without undue delay, no later than 30 days after the service was provided.
- The date on which the Company receives the relevant notification from the Customer is considered the date the complaint was filed.
- The complaint should include the customer's first and last name or company name, as well as a detailed description and an explanation of the reasons for the complaint.
- A response to a complaint is provided immediately, no later than 21 days after the complaint is received.
- In particularly complex cases that prevent the Company from reviewing the complaint and providing a response within the timeframe specified in section 7.6. above, the Company will set an additional deadline for processing the complaint, not exceeding 30 days from the date of receipt of the complaint, and will notify the Customer accordingly.
- A response to a complaint is provided in writing or electronically and is sent electronically or by mail to the mailing address provided by the Customer. Any refund resulting from a complaint will be issued using the same method as the original payment (e.g., for card payments—to the card account; for bank transfers—to the bank account from which the transfer was made) within 14 days.
- The Service Provider shall not be liable for errors in data transmission, including those caused by failures of telecommunications and information technology systems, telecommunications systems, or power supply systems, nor for errors in data transmission resulting from delays on the part of the operator providing the data transmission service. The Service Provider is also not liable for any lack of access to the website due to reasons beyond its control. In the event of a security threat or the need to make technical changes to the website, the Service Provider has the right to block or suspend access to the website without prior notice to Customers regarding the blocking or suspension of access to the website.
- The Service Provider shall not be liable for any damages arising in connection with the use of the Company’s website, including the reservation system or contact form, or the Customer’s inability to use the Company’s website, the IT system, or any other aspect of the Company’s website, subject to mandatory provisions of law.
- In particular, the Service Provider shall not be liable for any use of the Company’s website—including the reservation system or contact form—that is inconsistent with the provisions of these Terms and Conditions, applicable law, or the socio-economic purpose of these services.
- Protection of Intellectual Property Rights
- The Company’s website, including the reservation system, contains content protected by intellectual property law, in particular intangible assets protected by copyright.
- The customer is required to comply with intellectual property laws.
- The Customer is prohibited from using or disposing of content protected by intellectual property rights, including copyright, unless the Service Provider grants written consent or such use and disposal is related to the Customer’s permitted personal use.
- The service provider reserves the right to change the content of the website at any time.
- Final Provisions
- TheThe service provider reserves the right to amend these Terms and Conditions.
- In the event of any changes to the Terms and Conditions, the Service Provider will post the revised Terms and Conditions on the Company’s website.
- The Customer’s continued use of the Company’s website after the Terms and Conditions have been amended constitutes consent to abide by the changes.
- Changes to the Terms and Conditions do not affect any reservation agreement entered into before the changes took effect—the provisions of the Terms and Conditions in effect prior to the changes apply to such agreements.
- These Terms and Conditions are effective as of November 9, 2017.
Appendix No. 1 to the Terms and Conditions for the Provision of Electronic Services
Information on specific risks associated with the use of electronic services provided by the Service Provider as part of the SzczecinCityBikes business
- Service Provider—the company “PLATINUM ŁUKASZ TARGOWSKI,” with its registered office in Szczecin (70-453) as part of the SzczecinCityBikes operation in Szczecin, in compliance with the obligation imposed on businesses under Article 6(1) of the Act of July 18, 2002, on the Provision of Electronic Services (consolidated text: Journal of Laws of 2017, item 1219), hereby informs Customers of specific risks associated with the use of services provided electronically.
- This notice concerns potential risks that may arise in connection with the Customer’s use of electronic services, despite the Service Provider’s implementation of security measures for its ICT infrastructure—in particular, with regard to securing the Company’s website and the personal data provided by the Customer— in a manner that prevents third parties from accessing the content of the transmission constituting the service provided electronically, in particular through the use of cryptographic techniques appropriate to the nature of the services provided by the Service Provider.
- The basic risks associated with using the Internet include, in particular:
- malware (English: malware), which are applications or scripts of various types and kinds designed to have harmful, criminal, or malicious effects on the ICT systems of a network user, such as the Customer, including, in particular, viruses, Trojans (Trojan horses), worms, keyloggers, dialers, wabbits, backdoors, spyware, exploits, rootkits,
- spyware ( spyware), which are programs of various types and kinds that track the activities of a network user, such as the Customer, collect information about the user—usually without the user’s knowledge or consent—and send it to the author of such a program,
- phishing for confidential personal information, such as passwords and other details, by impersonating a trustworthy person or institution (English: phishing),
- hacking into the user’s (i.e., the Customer’s) information and communications system using, among other things, hacking tools such as exploit and rootkit.
- spam, which consists of various types and forms of unwanted and unsolicited electronic messages sent simultaneously to multiple recipients, often containing promotional content, and transmitted via email and instant messaging services.
- To avoid the risks described above, the customer should protect their computer or other electronic device used to connect to the Internet by installing appropriate antivirus software that can be updated regularly.
- Protection against risks associated with customers’ use of electronically provided services may also be ensured by:
- Enabling and using a firewall ( firewall),
- the use of anti-spam software that monitors incoming emails and filters out those that are spam,
- updating all software on a computer or other electronic device used to connect to the Internet,
- using genuine software and applications obtained from a legitimate source,
- Do not open email attachments from unknown sources,
- carefully reading the installation windows for all applications—both known and unknown—including their licenses,
- Disabling macros in MS Office files of unknown origin,
- data transmission encryption,
- regular full system scans using antivirus and anti-malware software,
- installation of security software—for intrusion detection and prevention,
- Use only trusted sources on the Internet.