§1 What is OWW
The abbreviation OWW is used to denote the present document - "General Conditions of Rental". It constitutes an attachment to the rental agreement and defines detailed rules for the rental of electric and traditional bikes by "OPERATOR ASPEN PRIME Sp. z o.o.". for individual and institutional customers.
§2 List of terms and definitions
The following definitions are adopted in this document:
Customer - a physical or legal person who is a party to the contract for temporary rental of equipment by the Lender provided by "OPERATOR ASPEN PRIME Sp. z o.o."
Electric bicycle - a bicycle with additional support, powered by an electric motor from a battery - accumulator, rented to the Customer under a rental agreement Rental service - rental of equipment under the terms of the rental contract.
Contract - regulates in particular the number and type of bicycles, the rental time (date of rental and time of return), the number of days, the place of rental and return, as well as the rental of additional items of equipment and equipment and possible additional benefits. Optional (extra fee) in the rental service is insurance, transportation and emergency assistance. The bike rental service also includes a battery charger for the type of battery used in the bike.
Rental time - the number of hours or days for which the equipment rental contract is concluded. Each rental day begins at 08:00 and lasts until 20:00, regardless of the number of actual hours of equipment rental in a given day. Release / return of the equipment and equipment outside the indicated hours is not possible, unless agreed in advance with the Lender, and the rental agreement then lasts until the effective return of the bicycles, equipment and equipment by the Client within the hours specified in the agreement.
§3 Prices and fees
All prices are contract prices and are stated in gross amounts and include VAT, unless otherwise stated in the rental contract. The customer is entitled to the benefits guaranteed by the rental contract during the term of the contract. The rental fees specified in the rental agreement consist of the following elements: a guarantee deposit (hereinafter: deposit) for the equipment, rented for the duration of the rental agreement and confirmation of the reservation of rental services and services, offered by the rental company "OPERATOR ASPEN PRIME Sp. z o.o.". equipment rental fee. This fee represents the Lender's compensation for the rental of equipment under the rental agreement. This fee is paid in full at the latest at the time of equipment release. The amount and form of payment of the deposit is specified in the equipment rental agreement. Until the execution of the rental agreement, the amount of the deposit shall be a collateral for the execution of the rental agreement. During the term of the rental agreement, the guarantee deposit shall be a security for the rental equipment and the realization of the ordered services offered by "OPERATOR ASPEN PRIME Sp. z o.o." The deposit is refundable in full upon completion of the rental agreement. In special cases, specified in the OWW ( section 6: return of the deposit), the Lender has the right to deduct from the deposit a fee for: repairs / restoration of damaged equipment and reimbursement of other costs, incurred as a result of using the rented equipment contrary to the OWW, failure of the Client to fulfill the rental agreement (e.g. extension of the rental period or change of the place of return of the equipment, not previously agreed with the Lender).
§4 Return of security deposit
The Lender shall return the deposit to the Client upon termination of the rental agreement, unless there are grounds for deducting a portion of the deposit due to events described in these OWW. Confirmation of the termination of the rental agreement is the Client's return of the complete, covered equipment, at the time and place specified in the rental agreement, in an unimpaired technical condition and without serious soiling. The basis for the return of the deposit is the confirmation of receipt of the equipment, signed by the person representing the Client, which is part of the rental agreement. If damage / destruction / loss / soiling / transfer of part or all of the equipment, which is the subject of the contract, is found upon receipt, a protocol is drawn up, confirmed by photographic documentation and signed by the receiving parties. It is recommended that in such a situation the Customer also take photographic documentation. Minor, single scratches, openings, etc. found small damages, not affecting the use of the rented equipment, do not constitute grounds for deduction from the advance payment and are not included in the protocol. Malfunctions resulting from the typical use of the equipment (e.g. chain stretching, loosening of fastening elements, falling out of fastening bolts, brakes becoming loose/broken, derailleur adjustment or failure of bicycle parts, resulting from a manufacturing defect, do not constitute grounds for deduction from the deposit and are not included in the protocol. If the Client does not agree to the drawing up and/or signing of the protocol, the Lender's representative has the right to call the law enforcement service to confirm the facts. If, upon acceptance, the equipment is found to be incomplete/damaged, seriously soiled or otherwise defective, resulting from improper use or repair and reducing its market value, the Lender has the right to deduct from the deposit the cost of repair/replacement/cleaning of the equipment, at list prices in the store www.rower.com.pl and service at ACTIVA Rowery, Ruda Slaska, 15 Kupiecka St. The value of the replacement/repair is deducted from the deposit, and the Customer receives a VAT invoice for the service. If the cost of repair/replacement of the equipment exceeds the value of the deposit, the Lender has the right to claim compensation from the Customer under the rules of the Civil Code. In case of delay in return of all or part of the equipment (extension of the rental time not in accordance with the terms of the contract), the Lender has the right to deduct from the deposit a fee for extension of the rental calculated according to the prices specified in the rental contract (product of the number of rented bicycles x price per hour of rental).
§5 Principles of proper use of equipment, covered by the rental agreement
The Customer, by concluding the rental agreement, confirms that he/she has made a test drive and receives the equipment in good working order. The Customer, by concluding the rental agreement, declares that he/she will use the rented equipment in accordance with the law, including traffic regulations, and with due care for the rented items. The Customer and other individuals using the rented equipment are responsible for all incidents caused by the use of the rented equipment, including incidents resulting from violations of the provisions of the applicable law in the use of the rented equipment, with the exception of situations resulting from hidden defects in the rented equipment. Responsibility for minors using the rented equipment during the term of the rental agreement shall be borne by the Customer signing the rental agreement. The Lender shall not be responsible for any damage or loss of valuables by the Customer during the duration of the rental agreement in connection with the use of the rented equipment The Customer is obliged to leave the rented equipment unattended only in safe places and with properly installed security, provided by the Lender. The Client is obligated to take care of the rented equipment, in particular: to leave the rented equipment under proper supervision, with security and in safe places; to use an anti-theft lock provided by the Lender with the bicycle; to take care of cleaning and drying of the rented equipment in case of bad weather conditions or riding through difficult terrain; to take care of leaving the battery only in a partially or fully charged state. The customer is not authorized to carry out independent repairs (beyond ordinary maintenance), modifications, alterations of the rented equipment. If the subject of the contract is found to be used contrary to its intended use, including, for example, riding on the beach, water on the rented bicycles, leaving the bicycle overnight in an open area without proper weather cover and/or without protection, the contract will be terminated immediately and the Customer will be charged with the cost of repairs and restoration of the equipment to use.
§6 Emergency situations
The Lender shall not be liable for the misuse of the equipment covered by the contract by the Customer and other persons on whose behalf the Customer concludes the contract for the rental of the equipment covered by this contract, nor for malfunctions/ defects resulting from the ordinary operation of the equipment (e.g., a flat tire). The cost of theft/loss/loss/destruction/transfer/serious damage to the equipment covered by the contract during the term of the rental agreement shall be borne by the Customer. In case of equipment failure, resulting from manufacturing defects of the rented equipment, or damage caused by the Customer's improper operation / negligence, the Customer is obligated to immediately notify (by phone and if possible - by email) the Lender. Together with the bicycle, the Lender shall provide the Customer with a lock (anti-theft protection) together with one key. The Customer is obliged to return the lock together with the key after the rental period. If the key is missing, the Customer shall be charged for the cost of the anti-theft clasp, deducted from the down payment. In case of theft of all or part of the equipment, covered by the subject of this agreement, the Customer is obliged to immediately notify the Police and the Lender. The Lender shall not reimburse all or part of the cost of the equipment rental if the Customer, for reasons attributable to or resulting from the Customer's will or as a result of force majeure, did not use the equipment rental time in full.
§7 Privacy and data protection policy
The personal data provided by the Customer in the rental agreement are processed only for the purpose of operation of the electric bicycle rental company "OPERATOR ASPEN PRIME Sp. z o.o.". The condition for the conclusion of the rental agreement is the provision of true and correct personal data of the Customer in the application, together with the acceptance of the OWW and consent to the processing of the Customer's personal data, in accordance with the applicable regulations on the protection of personal data. Provision of data for the application and contract is voluntary, but is a prerequisite for the conclusion of the rental agreement. Details of a given rental agreement are made available only to the parties to the rental agreement. The administrator of personal data in accordance with the Personal Data Protection Act is "OPERATOR ASPEN PRIME Sp. z o.o." ul. Budowlanych 64, 45-123 OPOLE, NIP 7543352540. The Customer has the right to access his personal data, correct, complete or correct them. Customers' personal data are processed, stored and secured in accordance with the applicable legal order. The personal data administrator is obliged to maintain the confidentiality of personal data.
§8 Final stipulations
The regulations of the Civil Code shall apply to matters not regulated by these OWW. The Parties declare amicable settlement of disputes. In case of disagreement, disputes will be considered by the Court having jurisdiction over the Lender's residence.