CONTENTS:
GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE LENDING LIBRARY
TERMS AND CONDITIONS OF THE RENTAL AGREEMENT
TERMS AND CONDITIONS FOR CONCLUDING A TOUR AGREEMENT
PAYMENT METHODS AND DEADLINES
COMPLAINT HANDLING PROCEDURE
OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
RIGHT OF WITHDRAWAL
PROVISIONS FOR ENTREPRENEURS
OPINIONS
ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS
FINAL PROVISIONS
ZANNEX NUMBER 1 TO REGULAMIN WYPOURN INTERNET:
GENERAL RENTAL CONDITIONS (OWW)
This Rules and Regulations of the Lending Library Internet was prepared by the lawyers of the service Regulations.co.uk. Online Rental www.escooters.krakow.pl cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be null and void, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer.
In the event of any inconsistency between the provisions of these Rules and Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.
Online lending available at the following web address www.escooters.krakow.pl is run by KOALAS.DIGITAL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków (registered office and delivery address: Aleja Powstania Warszawskiego 15, 31-539 Kraków); entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0001034646; the register court where the company's records are kept: District Court for Kraków Śródmieście in Kraków, IX Economic Department of the National Court Register; share capital of: PLN 5,000; NIP: 6751782064; REGON: 525234310, e-mail address: go@escooters.krakow.pl and contact phone number: +48 572 552 076.
The administrator of the personal data processed in the Online Lending Library in connection with the implementation of the provisions of these Regulations is the Lender. Personal data shall be processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Internet Lending Service. The privacy policy includes
primarily the rules regarding the Administrator's processing of personal data in the Online Lending Service, including the basis, purposes and period of processing of personal data and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Lending Service. The use of the Online Lending Library, including the conclusion of Rental Agreements, is voluntary. Likewise, the related provision of personal data by a Customer or Client using the Online Rental is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and the Lender's statutory obligations).
Definitions:
RENTAL PRICE - the Lender's remuneration under the Vehicle Rental Agreement.
CONCIERGE - a consulting service for visiting Krakow.
WORKING DAY - one day from Monday to Friday excluding public holidays.
REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
ORDER FORM - Electronic Service, an interactive form available on the Online Rental that allows you to place an Order, in particular by adding Vehicles to the electronic list and specifying the terms of the Rental Agreement, including the Rental Period and payment method.
ORDER FORM - Electronic Service, an interactive form available on the Internet Lending Service that allows you to place an Order for a Tour, to rent a Vehicle, to use another service such as.
Concierge.
DEPOSIT, REFUNDABLE DEPOSIT - the amount indicated to the Customer when completing the Order Form, paid to the Lender by the Customer, at the latest upon receipt of the Vehicle, securing the coverage of the Rental Agreement due to the Lender on the date of return of the Vehicle by the Customer.
CUSTOMER - an adult (1) natural person having full legal capacity, and in cases provided by generally applicable laws, also a natural person having limited legal capacity; (2) legal person; or (3) organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Loan Agreement or Tour Participation Agreement with the Lender.
CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.
RENTAL PERIOD - the time for which the Rental Agreement is concluded, calculated from the First Day of Rental to the date of return of the Vehicle to the Lender.
GENERAL TERMS AND CONDITIONS OF RENTAL, GTCs - a separate document setting forth the terms and conditions of the Rental Agreement, which apply in the absence of any agreement to the contrary between the Customer and the Lender.
FIRST DAY OF RENTAL - the day on which the Vehicle is delivered to the Customer (commencement of the Rental Period),
understood as the day the Vehicle is made available for collection by the Customer or the day the Vehicle is delivered to the Customer
VEHICLE - an electric scooter available at the Online Rental that is the subject of the Rental Agreement between the Customer and the Lessee. The exact description of the Vehicle is indicated on the Internet Rental website, next to the particular Vehicle.
TERMS AND CONDITIONS - these regulations of the online rental service.
RESERVATION - a reservation made using the Order Form available on the Online Rental website. Reservation precedes the moment of conclusion of the Rental Agreement.
RENTAL AGREEMENT - a contract for rental of a Vehicle concluded or entered into between the Customer and the Rental Company at the Rental Company's premises on the basis of an Order previously placed through the Internet Rental Service.
AGREEMENT FOR PARTICIPATION IN A TOUR - agreement for participation in a TOUR concluded between the Client and the Service Provider on
Based on the Order made by the Customer through the Order Form.
SERVICE AGREEMENT - an agreement for the provision of services, including in particular the Concierge service, available for ordering through the Online Lending website.
TOUR - a Tour available on the Website, including the services indicated in its description, provided by the Service Provider, which may be the subject of an Order placed by the Client, and may then be the subject of a Tour Participation Agreement concluded between the Service Provider and the Client. Detailed information about the Excursion is indicated on the Website in the description of the given Excursion.
ELECTRONIC SERVICE - a service provided electronically by the Lender to the Customer through the Internet Lending Service.
RESERVATION SERVICE - the service of reserving the Vehicle for the Customer, i.e. providing the Customer with the opportunity to use the rental of the Vehicle and conclude the Rental Agreement during the period indicated by the Customer in the Order.
USER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT - Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
LENDER, SERVICE PROVIDER - KOALAS.DIGITAL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ z
headquartered in Krakow (registered office and delivery address: Aleja Powstania Warszawskiego 15, 31-539 Kraków); entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0001034646; register court where the company's records are kept: District Court for Kraków Śródmieście in Kraków, IX Economic Department of the National Court Register; share capital of: PLN 5,000; NIP: 6751782064; REGON: 525234310, e-mail address: go@escooters.krakow.pl and contact phone number: +48 572 552 076.
INTERNET RENTAL - Internet rental service available at the Internet address:
APPLICATION - a statement of intent by the Client and aimed directly at the conclusion of a Trip Participation Agreement for the available dates, which may lead to the conclusion of a Trip Participation Agreement with the Service Provider under the terms and in the manner specified in these Regulations.
RENTAL ORDER - a document specifying the basic elements of the Rental Agreement, in particular: the date of the Order, the Rental Period, the amount of the Deposit, the Rental Price, the Vehicles that are the subject of the Rental Agreement.
The following Electronic Services are available at the Online Lending Service: Account, Order Form (Service
Reservation) and the Contact Form.
Account - the use of an Account is possible after a total of two consecutive steps have been performed by the Customer - (1) completing the Registration Form, (2) clicking on the "Create an account". In the Registration Form, it is necessary for the Customer to provide the following details of the Service Recipient: e-mail address and password.
The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the address: go@escooters.krakow.pl.
Order Form - use of the Order Form begins when the Customer selects the service the Customer is interested in (including, for example, a Tour, a Rental Vehicle, or another service such as Concierge. The Customer then adds the service to an electronic shopping cart and completes the Order Form. Placement of the Order and conclusion of the Rental Contract, the Service Contract or the Tour Contract, respectively, occur after the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking on the action box on the Online Rental website that allows payment via Google Pay or Apple Pay - in the case of another
payment type - fields "I buy and pay" - up to this point it is possible to modify the entered data on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Rental). In the Order Form, it is necessary for the Customer to provide the following data indicated as
mandatory.
The Order Form Electronic Service is provided free of charge and is of a one-time nature and terminates when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.
Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:
(1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a web browser with the current version: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) enable cookies and Javascript in the web browser.
The Client is obliged to use the Online Lending Service in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The recipient is required to enter data in accordance with the facts. The Client is prohibited from providing unlawful content, including Illegal Content.
The mode of complaint procedure regarding Electronic Services is indicated in item. 6. of the Regulations.
The conclusion of the Rental Agreement, the Tour Participation Agreement, as well as the Service Agreement, between the Customer and the Lender/Service Provider shall take place after the Customer has placed an Order using the Order Form in the Online Lending Service in accordance with Section. 2.1.2 of the Regulations.
The price of the service shown on the Online Rental website is given in Polish zloty and includes taxes. The total price, including taxes, of the service that is the subject of the Order is communicated to the Customer in the course of placing the Order, including when the Customer expresses his/her willingness to be bound by the Rental Contract, the Tour Participation Contract or the Service Contract, respectively.
Once an Order is placed, the Service Provider shall immediately confirm its receipt and simultaneously accept the Order for execution. Acknowledgement of receipt of the Order and its acceptance for execution is made by the Service Provider/Lender sending the Client an appropriate e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the statements of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Excursion Participation Agreement or the Service Agreement. Upon the Client's receipt of the above email, the relevant contract between the Client and the Service Provider/Lender is concluded.
The content of the concluded Rental Agreement, Tour Participation Agreement or Service Agreement is recorded, secured and made available to the Client by (1) making these Terms and Conditions available on the website of the Online Rental, and (2) sending the Client the e-mail message referred to in Section. 3.3.2 of the Regulations. The content of the Contract is further recorded and secured in the Service Provider's computer system.
The Lender shall make available to the Client the following methods of payment for the executed Rental Agreement and Tour Participation Agreement:
Payment in cash at the place where the Customer picks up the Vehicle or at the starting point of the Tour.
Electronic and credit card payments via Przelewy24.pl and Google Pay - the possible current payment methods are specified on the Online Rental website in the information section on payment methods and on the website https://www.przelewy24.pl/, https://policies-.google.com/terms?hlen-US.
Settlement of electronic payment and payment card transactions is carried out according to the Client's choice via Przelewy24.pl or Google Pay. Handling of electronic payments and payment cards is carried out by:
Przelewy24.pl - the company PAYPRO SPÓŁKA AKCYJNA with its registered office in Poznań (address: ul. Pastelowa 8, 60-198 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number 0000347935, share capital: PLN 5,476,300.00, NIP 7792369887, REGON 301345068.
GooglePay - Google Ireland Limited with registered office at Gordon House, Barrow Street, Dublin 4, Ireland. A company registered and operating under the laws of Ireland (Registration Number: 368047 / VAT Number: IE6388047V).
Payment by wire transfer to the Lender/Servicer's bank account.
Apple Pay - Apple Distribution International Ltd. based in Cork, Ireland (registered address: Hollyhill Industrial Estate,
Hollyhill, T23 YK84, Cork Ireland) a company registered and operating under the laws of Ireland (Registration Number 470672).
Payment term:
The customer is obliged to make payment within 1 calendar day from the date of placing the Order, but not
later than the previous day before the First Rental Day or the day on which the Tour takes place, as applicable.
This section 6 of the Regulations sets out the procedure for handling complaints common to all complaints submitted to the Vendor, in particular complaints regarding Vehicles, Rental Agreements, Tour Contracts, Electronic Services and other complaints related to the operation of the Vendor or the Online Rental Service.
A complaint can be made, for example:
In writing to the following address: 15 Aleja Powstania Warszawskiego, 31-539 Kraków;
It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the nature and date of the irregularity or non-conformity with the contract; (2) the demand for a method of bringing the complaint into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact information of the complainant - this will facilitate and expedite the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
If the complainant changes the contact information provided during the processing of the complaint, he is obliged to notify the Seller.
The complainant may attach evidence (e.g. photos, documents) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and expedite consideration of the complaint by the Seller.
The seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its
receipt.
The basis and scope of the Vendor's statutory liability are set forth in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Electronic Services Act of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information regarding the Provider/Lender's liability provided by law is indicated below:
In the event of a complaint about the Rental Service or services under the Tour Participation Agreement, the liability of the Lender/Servicer is determined by the provisions of Articles 471, 491, 743-751 of the Civil Code. These provisions, in particular, define the basis and scope of the Lender/Service Provider's liability to the consumer in the event of non-compliance in the event of non-compliance of the service with the relevant contract.
In the event of a complaint about a digital content or service or a movable item that serves only as a carrier of digital content, the Lender/Service Provider's liability is determined by the provisions of the Consumer Rights Act, in particular Articles 43h - 43q of the Consumer Rights Act. These provisions, in particular, define the basis and scope of the Lender/Service Provider's liability to the consumer if the service or content does not comply with the relevant contract.
In the case of a complaint about a movable item (including a movable item with digital elements), but excluding a movable item that serves only as a carrier of digital content, the Lender/Servicer's liability is determined by the provisions of the Consumer Rights Act, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions, in particular, define the basis and scope of the Lender/Servicer's liability to the consumer if the item does not conform to the relevant contract.
The provisions contained in sections 6.8.2. and 6.8.3. of the Regulations concerning the consumer shall also apply to the Customer who is a natural person concluding an agreement directly related to his/her business activity, when it follows from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Out-of-court dispute resolution methods include (1) allowing the parties' positions to be brought closer together, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g., through arbitration (conciliation court). Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, the rules of access to these procedures, and a friendly search engine for entities engaged in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
The consumer has the following examples of out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court; (2) a request for out-of-court dispute resolution to a provincial inspector of the Inspectorate; or (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at. porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, 8:00 a.m. - 6:00 p.m., call charge at the operator's tariff).
Important - The ability to file complaints through the ODR platform will expire on March 20, 2025, and the platform itself will be abolished on July 20, 2025. At http://ec.europa.eu/odr a platform for online dispute resolution between consumers and businesses at the EU level (the ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website address: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to, among other contracts: (1) for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (2) for the provision of services for which the consumer is obliged to pay the price, if the Lender/Servicer has performed the service in full with the express and prior consent of the consumer, who was informed before the performance began that after the Lender/Servicer's performance, he/she will lose the right to withdraw from the contract, and has acknowledged this; (3) for the provision of digital content not delivered on a tangible medium, for which the consumer is liable to pay the price, if the Lender/Servicer has commenced performance with the express and prior consent of the consumer, who was informed prior to the commencement of performance that after the Lender/Servicer's performance the consumer will lose the right to withdraw from the contract, and has acknowledged this, and the Lender/Servicer has provided the consumer with the confirmation referred to in Art. 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act.
Subject to sec. 8.1 of the Terms and Conditions, a consumer who has entered into a remote agreement may withdraw from it within 14 calendar days without stating a reason and without incurring costs. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal may be made, for example, in electronic form via e-mail to the address: go@escooters.krakow.pl.
A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act. The consumer may use the sample form, but it is not mandatory.
The period for withdrawal from the contract begins from the date of conclusion of the contract.
In the case of withdrawal from a remote contract, the contract is considered not concluded.
In the event of effective withdrawal from the contract by the consumer, the Service Provider is obliged to return all payments made by the consumer to the consumer immediately, no later than 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract. The Service Provider shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for him.
The provisions contained in this Section 8. of the Terms and Conditions concerning the consumer shall also apply to the Customer or Client who is an individual concluding a contract directly related to his/her business activity, when it is clear from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
This Section 9 of the Terms and Conditions and all provisions contained herein are addressed to and thus binding only on the Customer or Service Recipient who is not a consumer. In addition, this section of the Terms and Conditions and all provisions in the
contained therein are not directed to, and therefore do not bind, the Customer or Service Recipient who is a natural person entering into the contract
directly related to his/her business activity, when it is clear from the content of this agreement that it does not have a professional character for this person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, unless the application to these persons of the provisions contained in this section of the Regulations is not prohibited
The Lender/Servicer shall be entitled to take measures at any time to verify the truthfulness, reliability and accuracy of the information provided by the Client. In the scope of verification, the Lender shall be entitled, among other things, to require the Client to produce documents, certificates or certifications necessary for verification.
The Lender/Servicer shall have the right to withdraw from the contract concluded with the Customer/Servicer within 14 calendar days from the date of its conclusion. Withdrawal from the contract in this case may occur without giving any reason and does not give rise to any claims on the part of the Customer/Service Provider to the Lender/Service Provider.
The Lender/Servicer shall have the right to limit the available payment methods, including requiring prepayment in whole or in part and regardless of the payment method selected by the Customer/Servicer and the fact of concluding the agreement.
The Lender's/Servicer's liability to the Client/Servicer, regardless of its legal basis, is limited - both as a single claim and for all claims in the aggregate - to the amount paid for the Order, but not more than one thousand zlotys. The Lender/Service Provider shall be liable to the Customer/Service Recipient only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Customer/Service Recipient.
Any disputes arising between the Lender/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Lender/Service Provider.
The Vendor allows its Customers to access reviews of the Online Rental and the services available at the Online Rental under the terms and conditions indicated in this section of the Terms and Conditions.
Opinions can be shared on an external opinion-gathering service, including through an external widget
posted on the website of the Internet Lending Service.
The Service Provider does not verify whether the reviews highlighted on the Online Rental website are from its Customers who have used the service in question.
Any comments on the opinion may be made in a manner analogous to the complaint procedure indicated in the
Section 6 of the Regulations.
This section of the Regulations contains provisions under the Digital Services Act as it relates to the Online Lending Service and the Lender/Service Provider. As a rule, the Customer is not obliged to provide content when using the Online Lending Service, unless the Terms and Conditions require certain data (e.g., data for placing an Order/Submission). In any case of providing content by the Customer, he/she is obliged to comply with the rules contained in the Regulations.
CONTACT POINT - The service provider shall designate an e-mail address go@escooters.krakow.pl as a single point of contact. The point of contact shall enable direct communication of the Service Provider with the authorities of the Member States, the European Commission and the Digital Services Council, and at the same time shall enable the recipients of the service (including the Service Recipients) to communicate directly, quickly and in a friendly manner with the Service Provider electronically, for the purpose of applying the Digital Services Act. The Service Provider shall indicate the Polish language and the English language for communication with its point of contact.
Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:
At the email address go@escooters.krakow.pl any person or any entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.
The notification should be sufficiently precise and adequately justified. To this end, Service Provider shall allow and facilitate submissions to the email address provided above that contain all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, if applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity
making the report, except for a report on information deemed to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.
The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for purposes of Article 6 of the Digital Services Act with respect to the information to which it relates if it enables the Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information in question.
If the notification contains electronic contact information of the person or entity that made the notification, the Service Provider shall without undue delay send such person or such entity an acknowledgement of receipt of the notification. The Service Provider shall also notify such person or such entity without undue delay of its decision with respect to the information to which the notification relates, providing information on how to appeal the decision.
The Service Provider shall consider all notifications it receives under the mechanism referred to above and make decisions with respect to the information to which the notifications relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purpose of such processing or decision-making, it shall include information on this in the notification referred to in the preceding paragraph.
Information on the restrictions that the Service Provider imposes in connection with the use of the Internet Lending Service, with regard to the information provided by the Service Recipients:
The following rules apply to the Service Recipient when providing any content within the Lending Library
Internet:
the obligation to use the Online Lending Service, including to post content (e.g., as part of opinions or comments), in accordance with its purpose, these Regulations and in a manner consistent with the law and good morals, bearing in mind respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties;
obligation to enter content that is factually correct and not misleading;
Prohibition of providing unlawful content, including prohibition of providing Illegal Content;
Prohibition of sending unsolicited commercial information (spam) through the Internet Lending Service;
prohibition to provide content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
The obligation to have, where necessary, all required rights and authorizations to provide such content on the Online Lending Service, in particular copyright or the required licenses, permissions and consents to use, distribute, share, or publish it, especially the right to publish and distribute it on the Online Lending Service and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
the obligation to use the Internet Lending Service in a manner that does not pose a security risk to the Service Provider's ICT system, the Internet Lending Service or third parties.
The Service Provider reserves the right to moderate Content provided by Service Recipients to the Online Rental Site. Moderation shall be carried out in good faith and with due diligence and on the Service Provider's own initiative or upon notification received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions, or to prevent access to it or to take the necessary measures to comply with the requirements of European Union law and national law compatible with European Union law, including the requirements set forth in the Digital Services Act, or the requirements contained in the Terms and Conditions.
The moderation process may be done manually by a human being or may rely on automated or semi-automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Terms and Conditions. Once such content has been identified, the Service Provider shall make a decision as to whether to remove or disable access to the content or otherwise limit its visibility or take such other action as it deems necessary (e.g., contacting the Client to clarify objections and amend the content). The Service Provider shall clearly and easily understandably inform the Service Recipient who provided the content (if it has his/her contact information) of its decision, the reasons for its decision and the options available to appeal the decision.
In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular, taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
Any comments, complaints, complaints, appeals or objections regarding decisions or other actions or inaction taken by the Service Provider on the basis of an application received or a decision of the Service Provider taken in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaint procedure indicated in Section 6. of the Regulations. The use of this procedure is free of charge and allows the submission of complaints electronically to the e-mail address provided. The use of the procedure for filing and processing complaints is without prejudice to the right of the person or entity in question to initiate proceedings before a court of law and does not affect his other rights.
The Service Provider shall consider any comments, complaints, complaints, appeals or objections to decisions or other actions or inaction taken by the Service Provider based on a notification received or decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other notification contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the notification is unjustified or that the
information to which the complaint relates is not illegal and in violation of the Regulations, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, rescind or modify its decision as to whether to remove or prevent access to the content or otherwise restrict its visibility, or take such other action as it deems necessary.
Service Recipients, persons or entities who have reported Illegal Content to whom Service Provider's decisions regarding Illegal Content or content that does not comply with the Terms of Service are directed, shall have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes regarding these decisions, including with respect to complaints that have not been resolved through Service Provider's internal complaint handling system.
The languages of communication of the Lender/Servicer with the Customer are English and Polish.
Amendment of the Regulations:
The Lender reserves the right to amend these Terms and Conditions for important reasons, that is: changes in the law; changes in the methods or dates of payment or performance of the contract; being subject to legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; addition of new Electronic Services; the need to address unforeseen and imminent threats related to the protection of the Online Lending Facility, including the Electronic Services and the Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
Notice of proposed changes shall be sent at least 15 days in advance of the effective date of such changes, provided that a change may be made without observance of the 15-day notice period in the event that the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) needs to amend its Terms and Conditions on an exceptional basis to address an unforeseen and imminent threat related to the protection of the Online Lending Service, including the Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, the implementation of changes shall be effective immediately, unless a longer implementation period is possible or necessary, which shall be notified by the Service Provider in each case.
In the case of continuous contracts, the Customer has the right to terminate the contract with the Service Provider before the expiration of the notice period for the proposed changes. Such termination shall become effective within 15 days of receipt of the notification. In the case of a continuous contract, the amended Terms and Conditions shall be binding on the Service Recipient if the Service Recipient has been properly notified of the changes in accordance with the notification period prior to their implementation and has not terminated the contract during this period. In addition, at any time after receiving notification of the changes, the Service Recipient may accept the changes made and thus waive the continuation of the notification period. In the case of entering into a contract of a nature other than a continuing contract, the amendments to the Terms and Conditions will not in any way affect the rights acquired by the Service Recipient prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions will not affect Reservations already made or submitted and Rental Contracts concluded, executed or performed.
In the event that an amendment to the Regulations would result in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the contract.
In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of generally applicable law.
These Terms and Conditions do not exclude the provisions in force in the country of habitual residence of the consumer entering into a contract with the Service Provider/Lender, which cannot be excluded by contract. The Service Provider/Lender shall in such case guarantee to the consumer the protection afforded to him under the provisions that cannot be excluded by contract.
Terms used in the Agreement and in these T&Cs and beginning with a capital letter have the following meanings:
RENTAL PRICE - Rent due to the Lender from the Customer under the Vehicle Rental Agreement.
CAUTION, REFUNDABLE DEPOSIT - the amount paid to the Lender by the Customer, at the latest upon receipt of the Vehicle, securing the Lender's claims under the Rental Agreement to which the Lender is entitled on the date of the Customer's return of the Vehicle.
PLACE OF RETURN - The place where, in accordance with the Rental Agreement, the Vehicle should be returned by the
Customer.
GENERAL RENTAL CONDITIONS, OWW - this document, setting forth the terms and conditions of the Rental Agreement, which shall apply in the absence of any agreement to the contrary between the Customer and the Lender.
RENTAL PERIOD - the period of time for which the Rental Agreement is concluded, calculated from the First Day of Rental until the day the Customer returns the Vehicle to the Return Location.
FIRST DAY OF RENTAL - the day on which the Vehicle is made available to the Customer for use in accordance with the Rental Agreement (commencement of the Rental Period). The first Rental Day is the date of the Rental Agreement or, alternatively, any other later date specified by the Parties in the Rental Agreement.
VEHICLE - A vehicle, i.e., an electric scooter, the detailed identification data of which is indicated in the Rental Agreement, together with any additional equipment.
The subject of the Agreement is the rental of a Vehicle by the Customer.
The contract is concluded in writing and includes the most important rental terms, including the type and detailed parameters of the Vehicle, the Rental Price, the Returnable Deposit and the Rental Period.
To the extent not covered by the Agreement, these GTCs shall apply.
The Lender is obliged to provide the Customer with an operable rental, usable for its intended purpose.
Release of the Vehicle by the Lender is conditional upon payment by the Customer of the Refund Deposit and the Rental Price in the amount and manner specified in the Contract.
The vehicle will be ready for pick-up by the Customer on the First Day of Rental during the opening hours of the rental company.
Only the Customer or other authorized person shall be entitled to use the Vehicle during the Rental Period, for
To whom the Client has rented the Vehicle. In the event of entrusting the Vehicle to another third party without the prior express consent of the Lender, the Customer shall be jointly and severally liable with such third party for all acts and omissions of such third party.
The Customer is obliged to use the Vehicle that is the subject of the Rental Agreement only during the Rental Period, in the manner specified in these T&Cs and in a manner corresponding to its characteristics and intended use.
The Customer is obliged to return the Vehicle in an undamaged condition, but is not responsible for the wear and tear of the Vehicle resulting from proper use. In case of damage to the Vehicle caused by the Client, the Lender has the right to claim compensation for the resulting damage within the limits provided by law.
If the Parties find fault or damage to the Vehicle during its surrender or return, the found fault or damage should be marked on the acceptance protocol. In the event that a defect or damage is found during the issuance of the Vehicle, the Lender shall agree with the Client on the further course of action, in particular, the Lender may propose immediate replacement of the Vehicle with another operable Vehicle of the most similar parameters. The replacement time does not count towards the Rental Period. This clause of the T&Cs is not intended to exclude other rights of the Customer that may be available to him under mandatory provisions of law.
The Customer is obligated to use the Vehicle in accordance with its intended use and operating instructions, in accordance with these GTCs and any other documents provided to the Customer at the conclusion of the Rental Agreement and attached to the Vehicle, and in accordance with generally applicable laws.
The Customer shall not transfer the Vehicle to any third party without the express consent of the Lender, and in the event of transfer, the Customer shall be liable for their acts and omissions as for his own acts and omissions.
From the moment the Vehicle is collected until the Vehicle is returned to the Lender, the risk of loss of the Vehicle and damage to the Vehicle is transferred to the Customer.
All charges resulting from the ongoing operation of the Vehicle during its rental, if applicable, shall be charged to the Customer.
In the event of any malfunction, loss or damage to the Vehicle during the Rental Period, the Client should immediately inform the Lender of the problem, using the contact information provided in the Contract, by indicating the Contract number, the details of the Vehicle and a description of the problem. In addition, the Client may be asked to urgently return the Vehicle to the Lender in a manner and place individually agreed upon by the Parties.
If the Customer fails to return the Vehicle, on the last day of the Rental Agreement, the Lender shall
shall be entitled to charge the Customer for non-contractual use of the Vehicle.
The Customer shall be obliged to leave the Vehicle and its equipment in an undamaged condition, but shall not be responsible for the wear and tear of the Vehicle and its equipment resulting from proper use and normal operation.
The Customer is not authorized to tamper with the Vehicle beyond its normal use, including disassembly, violation of warranty protections, tampering with the Vehicle's software, alterations, structural changes and repairs.
The Vehicle Rental Price is indicated in the Contract, is given in Polish zloty and includes taxes. The Client is informed about the total Rental Price, as well as other costs (e.g. Returnable Deposit), and when the amount of these fees cannot be determined - about the obligation to pay them, by the Lender at the latest at the moment of expressing the will to conclude the Rental Agreement.
The Client is obliged to make payment for the Rental Agreement and for the Deposit at the latest upon collection of the Vehicle before its release. Unless otherwise stipulated in the Contract, the Customer may make payment by cash, credit card or bank transfer to the Lender's bank account.
The Refundable Deposit paid by the Client to the Lender shall be refunded within 7 business days from the date of receipt of the Vehicle by the Lender, after deducting the Lender's receivables under the Rental Agreement. The Refundable Deposit paid by the Client, if it has to be deducted, shall be credited successively to: interest, the Rental Price, compensation for damage or non-return of the Vehicle, other fees, the existence and amount of which shall be notified by the Lender to the Client in accordance with the Contract. The deposit shall be returned in the same manner as the Customer made payment under the Contract.
The Rental Agreement is concluded for the Rental Period stated therein. The beginning of the Rental Period shall be the First Day of the Rental. The Customer is obliged to return the Vehicle that is the subject of the Rental Agreement no later than on the last day of the Rental Period to the Return Location indicated in the Agreement.
The Customer has the right to apply for an extension of the Rental Agreement by using the contact information provided in the Agreement or the appropriate functionality in the escooters.krakow.pl web application and indicating the number of days for which the Rental Agreement is to be extended, no later than 24 hours before the end of the original Rental Period. The Contract may be extended only with the Lender's consent, if the Vehicle has not been previously reserved by another Client. The Lender shall inform the Client about the possibility or impossibility of extending the Rental Agreement, for example, through an email sent in response to the Client's message. The lack of response from the Lender cannot be considered as an agreement to extend the Contract. In the event of an extension of the Contract, the Customer will be required to pay the Rental Price, for each additional day, in accordance with the daily rental rate indicated in the Contract. Otherwise, the terms and conditions of the original Rental Agreement shall apply.
This § 6 of the T&Cs sets forth the procedure for handling complaints common to all complaints submitted to the Lender in connection with the Rental Agreement.
The basis and scope of the Lender's liability to the Customer are defined by generally applicable laws, in particular the Civil Code.
Complaints related to the Contract may be submitted by the Customer, for example, in person, in writing or by e-mail, using the contact information provided in the Rental Contract.
It is recommended that all complaints related to the Vehicle, especially on the subject of its damage, defects or other non-compliance with the Rental Agreement, be reported directly upon receipt of the Vehicle and noted in the delivery and acceptance protocol, and in case of their occurrence at a later time, report them immediately after their discovery during the Rental Period - this will facilitate the execution of the complaint in the least burdensome manner for the Customer.
The Lender recommends that the description of the complaint include: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity, (2) Contract number, (3) details of the Vehicle, (4) expectations of the Customer and (5) contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Lender. The requirements stated in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
If the contact information provided by the complainant changes during the processing of the complaint, he is obliged to notify the Lender.
The complainant may attach evidence (e.g. photos, documents) related to the subject of the complaint. The Lender may also ask the complainant to supplement or provide additional information and send evidence (e.g., photos) if this will facilitate and expedite the Lender's consideration of the complaint.
The Lender will respond to the complaint immediately, but no later than within 14 calendar days from the date of the
its submission.
This section of the Agreement applies only to Customers who are consumers.
Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, the rules of access to these procedures and a friendly search engine of entities engaged in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
The consumer has the following examples of out-of-court means of handling complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court; (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection; or (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including, but not limited to, the Federation of Consumers, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at. porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open weekdays, 8:00 am - 6:00 pm, call charge at operator's tariff).
Amendments to these T&Cs shall not in any way affect the acquired rights of Customers prior to the effective date of such amendments, in particular, amendments to the T&Cs shall not affect Rental Agreements already concluded, executed or performed.
No provision of these GTCs is intended to exclude or limit any rights of consumers under mandatory provisions of law. In the event of any inconsistency between the provisions of these T&Cs and the aforementioned laws, those laws shall prevail.
In matters not regulated by these GTCs, the provisions of the Civil Code, the Act of 30
May 2014 on consumer rights and other generally applicable provisions of Polish law.
These T&Cs do not exclude the laws of the country of habitual residence of the consumer contracting with the Lender, which cannot be excluded by contract. In such case, the Lender shall guarantee the consumer the protection afforded to the consumer under the provisions that cannot be excluded by contract.
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