General terms of reference

Terms and conditions of lease in the Lease Agreement
I.
General provisions
  1. The lessor is the provider of the ‘Green bike’ service, which is the rental of bicycles for individuals.

  2. The purpose of this agreement is to provide a framework for the terms and conditions of renting bicycles for all types of programs and packages provided by the lessor within the ‘Green bike’ service. More specifics are provided in the Green bike application and on the website www.zelenybicykel.sk. These specifics determine in particular the prices of the rental, the methods of payment and the length of time the lessee is entitled to use the bicycle.

  3. The conclusion of individual lease contracts within the ‘Green bike’ service is done:

    • on the lessee's order made through the mobile application ‘Green bike’
    • through the website www.zelenybicykel.sk or via SMS
    • by smart card

    The lessee can use the bicycle upon payment for the program of their choice. Both parties of this agreement are bound to obey all the obligations arising from this contract and from the conditions determined for the individual ‘Green bike’ programs and services.

  4. The lessee acknowledges and agrees that the selected program will be automatically renewed up to the time when the lessee changes or cancels it.

  5. The lessor provides the ‘Green bike’ service only during the season from 21st March up to 21st October of the calendar year. The lessor has the right to shorten this period unilaterally in case of long-term unfavorable weather for riding a bicycle. The lessor will inform the lessee about this by e-mail or SMS.

  6. The lessor secures and protects the personal data according to the current law. The processed personal data are confidential and will be used exclusively for the realization of this agreement and will not be otherwise published and disclosed to a third party.

II.
Special lease conditions
  1. The lessor leases the bicycle to the lessee for temporary personal use. The lessee must not allow the bicycle to be used by another person, even if that person is registered with the lessor’s system.

  2. The lessee is entitled to use the bicycle only for the purpose for which it is intended, and is obliged to comply with all applicable legislation, in particular the traffic rules. The lessee is obliged to comply with all applicable legislation related to the road transport sector as well other applicable legislation.

  3. The lessee is obliged to pay all penalties imposed by competent authorities as a result of a breach of the applicable legislation by the lessee or persons to whom they allowed to use the rented bicycle.

  4. The lessee uses the bicycle exclusively at their own risk, and at every take-over and every return of the bicycle they are required to check its technical state, in particular the brakes, the tires and their pressure, the tightening of the wheels, pedals and handlebars. The lessee is obliged to report any issue to the lessor via the web application through the ‘bicycle problems’ button or by phone at the lessor’s number. The lessee is not permitted to use the bicycle if the deficiency found could be even worsened by further usage or would prevent safe usage.

  5. The lessee is obliged to use the bicycle in such a manner as to avoid its overloading, damage, destruction, or being stolen.

  6. The lessee is liable for any damage or non-material harm caused by or in connection with the use of the bicycle. In the event the lessor is liable to pay any damage or non-material harm caused by the lessee to third parties, the lessee is liable to pay the damage to the lessor. If such damage or non-material harm is caused by another person to whom the lessee allowed use of the bicycle the obligation to pay for it is with the lessee.

  7. The lessee is obliged to immediately notify the lessor about any accident, damage or stolen bicycle that occurred at the time the lessee was using it. In such case the lessee is obliged to provide the lessor and police officers with all necessary cooperation to clarify the incident.

  8. The lessee is obliged to pay the lessor for any damage they are liable for.

  9. The lessee shall not interfere with the technical condition of the bicycle, remove or supplement any technical part of the bicycle, including the lock, basket, advertising space and advertising stickers. The only exception are the lights based on article 10 of this document.

  10. When using the Green bike at night, in the dark or reduced visibility, the lessee is required to be thoroughly illuminated. The lights are not part of the bicycle equipment and the lessee is obliged to use their own lights.

  11. Green bikes are primarily intended to be used within the town. If the lessee travels between the towns or to a village, they are obliged to use a bicycle helmet.

  12. The lessee acknowledges that the load capacity of the basket placed on the bicycle is 3 kg and the maximum load of the bicycle is 120 kg.

  13. The lessee is authorized to use their own child seat, while being responsible for its proper fitting and usage.

III.
Receipt and return of a bicycle
  1. The lessee can take the locked bicycle only from the special stand for the Green bikes. The map of the stands is available on the webpage www.zelenybicykel.sk. Green bikes parked at other places are borrowed by other users or prepared for other purposes.

  2. The lessee agrees with the processing of personal data under the current law.

  3. The lessee is aware that bicycles can be equipped with a GPS locator to prevent them from being stolen and agrees with any possible localization.

  4. The lessee is aware and agrees that the stands designed for Green bikes are monitored by the lessor’s camera system of the lessor to protect these stands and bicycles. The lessee agrees that the recordings might be used in case of a crime, offense or damage.

  5. Parked bicycle can be unlocked from the labeled stand only through the lessor’s system with the smart card, SMS or via web / mobile app.

  6. The supplemental cable lock may not be visibly left with a valid code and at a time when the bicycle is not used, the lessee is required to set the lock numbers to zero.

  7. The lessee cannot change the cable lock’s code without the instructions of the lessor or in contradictions with such instructions. The lessee is obligated to change the code according to the instructions of the lessor received via the SMS, web or mobile Green bike app. If the lessee makes a stopover during the use of the bicycle (for example, for the purpose of shopping) it is possible to change the lock code. The lock code is required to be kept secret and to prevent it from being seen.

  8. The lessee cannot share their Green bicycle smart card or access data that could allow another person to use the service or unlock the bike.

  9. The lessee is obliged to return the bicycle after the end of the usage to the stands marked for Green bikes. This list is published on the lessor’s website.

  10. The lessee is entitled to take only one Green bike at the same time and is obliged to return it no later than 12 hours of using it.

  11. The maximum rental time of a bicycle is determined by the current program chosen by the lessee. If the lessee exceeds this period, the lessor is entitled to charge fees according to the current price list published on the lessor’s website.

IV.
Contractual penalties
  1. The lessee is liable to pay the lessor a fine of EUR 500 in the event of breach of the contractual obligations, if:

    1. permits the bicycle to be used by another person,

    2. provides another person with the access card or access data to enable the use of the lessor’s services or to unlock the bicycle,

    3. intentionally damages or steals the bicycle,

    4. the lessee interferes with the technical conditions of the bicycle, removes or adds any technical parts of the bicycle, such as the lock, basket, advertising space and advertising stickers, with the exception of the lessee’s own lights,

    5. the lessee changes the cable lock’s code in contravention of the instructions of the lessor or without such instructions or if the lock code was not changed according to the lessor’s instructions, this does not apply in the event of a stop during use of the bicycle (e.g. for shopping),

    6. the lessee does not return and does not lock the bicycle as instructed by the lessor in the stands marked for Green bikes.

  2. If the lessee repeatedly violates any of the obligations in the manner mentioned in points 1 (a), (b), (d), (e) and (f) of this article, the lessor shall notify the lessee about this offense by SMS. In the event of further breaches of obligations, the lessor may block lessee’s account without compensation and withdraw from this contract.

  3. If the lessee intentionally damages or steals the bicycle, the lessor is entitled without any prior notice to block the lessee’s account without compensation and to withdraw from this contract.

V.
Responsibility for defects
  1. The lessor is responsible for defects in the service provided under the provisions of the Civil Code.

  2. The lessee can make a claim against the services by phone: +421 (0) 944 25 12 15, or by e-mail: info@zelenybicykel.sk.

  3. The lessor is obliged to determine the way of immediately settling the claim, in complex cases not later than within 3 days. Settlement of the claim cannot take longer than 30 days. After the expiration of the 30-days period for claim settlement, the lessee has the right to withdraw from the contract.

  4. The lessee has the right to contact the lessor with a request for redress if the lessee is not satisfied with the way the lessor has concluded the claim or if the lessee believes that the lessor has violated the lessee’s rights. The lessee has the right to make a proposal to start an alternative dispute resolution if the lessor responded negatively to the request for correction or did not reply within 30-day period. The list of alternative dispute resolution entities can be found on the website of the Ministry of Economy of the Slovak Republic: http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov

  5. The lessor at www.zelenybicykel.sk also provides a link to the consumer dispute resolution online platform http://ec.europa.eu/consumers/odr/.

  6. Activity supervisory authority: SOI Inspectorate for the Trencin Region, Hurbanova 59, 911 01 Trencin, phone no.: +431 (0) 32 6400 109.

VI.
Termination of the contract
  1. The contract is concluded for an indefinite period.

  2. The contract may be terminated by an agreement, by written notice of both parties or by written withdrawal from the contract.

  3. The notice period is one month and begins on the first day of the calendar month following the calendar month in which the notice was delivered to the other party. The notice may be given for any reason or without stating any reason.

  4. The lessor may withdraw from this contract in the cases referred to in article VI, points 2 and 3 of this contract. The contract is canceled by the delivery of the notice to the lessee.

  5. The lessee has the right to withdraw from the contract without giving any reason within 14 days of its conclusion. The lessee may make the resignation by a clear statement, e.g. by letter sent to the address of the lessor referred to in article I of this contract or by e-mail to info@zelenybicykel.sk. If the lessee uses the option to send the resignation by e-mail, the lessor shall send a confirmation of withdrawal to their e-mail address. For this purpose, the lessee can use the template for withdrawal, which is published on www.zelenybicykel.sk.

  6. Upon termination of the contract, the lessor returns all the payments the lessee has paid in regard to the conclusion of the contract, in particular the rent. The payments to the lessee shall be returned without undue delay, not later than 14 days after the lessor has received a notice of withdrawal. The reimbursement shall be made in the same manner as the lessee used when paying to the lessor if the lessee expressly disagrees with this payment method, without being charged of any extra fees. If the lessee has requested to start being provided with the services during the withdrawal period, the lessee is obliged to pay the lessor the price for the services actually provided from the date on which the lessee notified their decision to withdraw from this contract to the lessor.

  7. Termination by either party or withdrawal from the contract by the lessor must be delivered in person or sent to the address of the other party indicated in the title of the contract. Termination or withdrawal are considered as delivered even if they are returned to the sender as undeliverable.

  8. This contract also expires by terminating the operation of the ‘Green bike’ service by the lessor. This is announced by the lessor on the webpage or via SMS.

VII.
Final provisions
  1. The agreement was concluded as an expression of the free, certain, and serious will of the parties, was not signed under duress, or under appreciably unfavorable conditions.

  2. The lessee declares that they have the capability to conclude this agreement.

  3. This contract was drawn up in electronic form.

  4. The lessee has read the contract properly, understood the contents of the contract and agrees with the contents without reservation, and then authorized it by SMS.

  5. This agreement enters into force and effect on the date of its authorization.

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