RULES for Adgar Fit Bikes System (AFB) In force since 1 October 2015

Transcription

1 I. Preliminary Provisions RULES for Adgar Fit Bikes System (AFB) In force since 1 October This document lays down the rules and conditions for the use of Adgar Fit Bikes (AFB) system (hereinafter: AFB) 2. The AFB Rules are provided free of charge at the reception desks of the buildings participating in the AFB system in a manner which enables reading their contents. II. Definitions 1. Rules these Rules describing the terms and conditions for the use of the AFB System, in particular the conditions, scope of rights, obligations and responsibilities of persons hiring bikes under the AFB system. Approval of the Rules and compliance with all the terms and conditions stipulated therein are the basis and the precondition for the consent to hire a bike under the AFB System. 2. Loan Agreement an agreement between the Client and the Operator providing for mutual rights and obligations stipulated in the Rules. It is deemed that an Agreement incorporating the provisions of these Rules is automatically concluded upon Client s registration in the AFB System, and on condition of the Client s statement of acceptance of the Rules. 3. Operator the entity rendering the AFB services, i.e. Green and Efficiency Services Real Estate Solutions spółka z ograniczoną odpowiedzialnością spółka komandytowa. Sp. k. 4. AFB System a bike loan system activated by the Operator, which applies in particular to bikes, technical infrastructure, software and equipment which enable bike hiring. 5. Client AFB System participant who has accepted the Rules and registered in the AFB System. 6. AFB Service the activities rendered by the Operator in connection with the use, repair and maintenance of AFB. 7. AFB Station a set of bike stands. 8. Table of Charges a list of AFB fees and charges forming an integral part of the Agreement. The table is available from reception desks at Adgar buildings. 9. Securing Procedure each procedure undertaken by the Operator in the event a bike is not returned within the required deadline and in the required condition, in particular explanatory, collection and court procedures. 10. System Participant an entity which concluded a relevant framework cooperation agreement with the Operator. 11. Usage Zone Poland. 12. Bike Loan hiring a bike from an AFB Station as described in sec. VI and VII below. 13. Bike return returning a bike to the AFB station. The process of return is described in sec. IX. 14. Adgar Buildings office buildings owned by the Adgar Group, located in the capital city of Warsaw at: ul. Rzymowskiego 53, Al. Jerozolimskie 181, Postępu 15, 17a and 17b, Konstruktorska 11a for which building cards are issued. 1

2 III. AFB System 1. The AFB System can be used by System Participant s employees holding active building cards, who have accepted the conditions of these Rules. 2. The Operator loans a bike to the Client subject to the conditions specified herein. The Client undertakes to comply with the conditions of these Rules and use the bike in accordance with the Rules. 3. The Client may hire one bike at a time. 4. A hired bike can be used within the Usage Zone. IV. Rules for Use 1. The Client shall be liable for using the bike in accordance with its intended purpose, for recreation only and in line with the provisions of these Rules. 2. The Client agrees to return the bike in a technically operational condition which is the same as at the time of its hiring. The Client shall be liable for the effects of violation of the law currently in force while using the AFB System. 3. The AFB System bikes may only be used for non-commercial purposes at the Client s risk and responsibility. 4. The Client shall abide by all statutory duties relating to bike riding. 5. The Client shall be responsible for the bike from the moment of its collection from an AFB Station until its return to the AFB Station. 6. In particular the Client shall take measures to prevent damage and theft of the bike from the moment of collecting the bike from any AFB Station until its return to any AFB Station. 7. If the bike is stolen while being used by the Client, the Client shall notify the Operator thereof an promptly report the theft at the nearest Police station. 8. AFB System bikes cannot be used by persons under the influence of alcohol and other intoxicants, psychotropic agents or substitute agents within the meaning of the regulations on counteracting drug addiction; strong anti-allergy medicines, other medications, if they adversely affect the ability to drive or operate vehicles, or other agents adversely affecting the user s motor abilities. 9. The Client shall be fully and exclusively liable for all tickets, fines, etc. s/he gets in connection with using the bike and undertakes to pay the same. 10. If inappropriate use of an AFB System bike leads to proven damage, the Client undertakes to repair and reinstate the bike to its original (before the loan) condition. 11. If the bike is inappropriately returned by the fault of the Client, the Client shall incur the costs of its continued loan and shall be liable for potential theft or damage. If the Client encounters difficulties to return the bike, s/he shall contact the Operator. 12. Any deliberate destruction of the Operator s property may lead to opening court proceedings (or any other applicable proceedings). The Operator shall be entitled to claim all justified costs, including the costs of legal representation, from the person causing damage/destruction. 13. The Client shall be liable for any potential damage arisen from non-performance or inadequate performance of the Agreement, where such damage may involve the bike replacement cost specified in the Table of Charges. 2

3 V. Charges 1. Payments may be made in cash only to an authorised employee of the Operator at the reception desk of Adgar Plaza A st. Postępu 17A in Warsaw, or at the reception desk of Adgar Park West al. Jerozolimskie 181 in Warsaw, Adgar Wave reception of the building st. Rzymowskiego 53 in Warsaw or in the Adgar reception of the building Centre Business II st. Konstruktorska Payments are being calculated according to rates quoted in a table of charges, being an enclosure to this Regulations. 3. The operator has the right to calculate statutory interest on overdue amounts from the day of the maturity to the actual day of making payment of the full amount. VI. Loan 1. The bike may be hired at any AFB Station located at Adgar buildings by approaching the reception desk at the building and declaring the intention to loan a bike. After the Client s eligibility has been verified, the reception employee issues a key to the bike security lock and records the place and time of the key collection. 2. The loan starts upon the end of the procedure described in sec The Client shall ensure, before the ride, that the bike can be used for the intended purpose, in particular that its tyres are inflated and its brakes are operational. The bike should also be checked for damage and if any damage is identified, it should be promptly reported to the person who issued the key to the bike security lock. After releasing the bike, the Client shall secure the rope so that it does not get caught in the wheel. 4. If any defect is identified during the use of the bike, the Client shall promptly inform the Operator thereof (by phoning the reception desk employee) and bring the bike to the nearest AFB Station. 5. If the Client uses a bike which is not in a fully operational conditions, the Client may be held liable for defects or damage resulting therefrom provided the defect was identifiable by the Client. 6. A hired bike shall be used in accordance with its intended purpose. AFB bikes cannot be used for mountain trips, jumps, stuntman acts, racing, pushing or pulling any objects. 7. If the provisions of these Rules are violated, and in particular if such violation leads to damage sustained by the Operator, the Operator reserves the right to freeze the Client s account until the matter is clarified. VII. Loan Duration 1. If the permitted loan period, i.e. 24 hours, is exceeded, fines and penalties shall be charged in accordance with the Table of Charges. 2. The bikes may be used free-of-charge during weekends (Saturdays, Sundays) and holidays on condition that they are returned by 10 a.m. of the first business day following the weekend or holiday. 3

4 VIII. Repairs and Breakdowns 1. All breakdowns should be reported by phone to the Operator. If any breakdown occurs which prevents continued ride, the Client shall stop and notify the Operator thereof and take the bike to the nearest AFB Station. 2. Clients shall make no repairs, modifications or part replacements in the hired bike on their own. The AFB Service shall be the only entity authorised to take such measures. 3. The Client shall be responsible for ensuring that s/he is able to contact the Operator throughout the loan period. IX. Return 1. The Client shall return the bike by fastening it to the bike stand or another bike in the AFB Station using the security lock and returning the key to the reception desk staff. 2. After returning the key to the reception desk employee, the Client should produce his/her card for verification. 3. If the bike is not properly returned as specified in X.1 and X.2, the Client shall be liable for the costs of its continued loan and shall be liable for any potential theft if it results from failure to comply with the aforesaid security measures. X. Complaints 1. The Client may lodge a complaint within 7 days of an event underlying the complaint. 2. All complaints relating to services provided under the Rules may be lodged in writing at the reception desks of the Adgar Buildings. If the data or information provided in the complaint is incomplete, the Operator, before considering the complaint, requests that the complainant provides the missing particulars. 3. The Operator shall consider the complaint within 14 days of its receipt or of provision of the missing information. 4. The Client agrees that the reply to a complaint be sent via . In justified situations the Operator may send a reply to another address indicated by the complainant. 5. The Operator shall provide a response to a complaint, including the reasons therefor and information about possible appeal. The Client may appeal against the decision issued by the Operator. Appeals should be sent, regardless of the manner of sending (post, ), no later than within 14 days of delivery to the Client of the decision subject to appeal. The appeal shall be considered within 14 days of its receipt by the Operator. XII. Final Provisions 1. The acceptance of these Rules and the bike loan shall be equivalent to: an assurance that the Client s health condition enables him/her to use the bike safely; an assurance that the Client can ride a bike, holds the required license and is familiar with the traffic code. 4

5 2. The Operator reserves the right to terminate the Agreement subject to a 3-day notice if the Client is in breach of the provisions of these Rules (e.g. no acceptance of the new rules is provided, the bike is not returned within the required deadline). 3. The Operator shall be entitled to make changes to the Rules. The information about such changes to the Rules shall be sent to the employer s address. If the Operator does not receive information in writing of non-acceptance of the change within 7 days of its sending to the Client, it shall mean that such change was accepted by the Client. 4. Legal regulations, and in particular the Civil Code and the Traffic Code shall apply to the extent not provided for in these Rules. 5

6 TABLE OF CHARGES Charges Gross value Hire Period: from 1 to 24 hours (and on weekends and holidays, when the bike is returned according to the provisions specified herein) PLN 0.00 Bike hire fee second day PLN 50 third day PLN 100 every next day PLN 100 Penalties Theft, loss of the bike Destruction of the bike PLN 1,500 according to the calculation 6

7 CONTACT LIST Adgar Park West Al. Jerozolimskie 181 Warsaw, security building reception phone number: Adgar Plaza A: Ul. Postępu 17A Warsaw Reception phone number: Reception A Adgar Business Centre II Ul. Konstruktorska 11A Warsaw Reception phone number: Adgar Wave Ul. Rzymowskiego 53 Warsaw Reception phone number: Reception B 7