General Terms of Contract

General Terms and Conditions for the Use of the Community Bike Rental System „KOMBIbike”

Preamble

KOMBIbike Public Bike Rental System is a public rental bike system implemented in the framework of the project “KOMBIbike” - Cross-border Public Bike Sharing System in the Pons Danubii region, project ID: SKHU/1601/2.2.1/109, project title: KOMBI – Cross-border Integrated Bike Sharing System operating in towns of Komárno, Nové Zámky, Nesvady and Hurbanovo in Slovakia, and Komárom, Tata, Oroszlány, Kisbér in Hungary. The public bike rental system KOMBIbike (hereinafter referred to as “KOMBIbike”) provides a new type of transport in cross-border towns of Slovakia and Hungary.

Regular users can rent a bike by purchasing the KOMBIbike Card, while temporary users are provided a possibility to register on the website or downloading the KOMBIbike application to use the system.

The public bike sharing system is operating 24 hours a day.

KOMBIbike Card is a plastic card with a unique identifier (“smart card”) entitling its user to rent one bicycle at a time. The KOMBIbike Card is valid for a month, 6 months or 24 months, and can be purchased at designated points of sales after concluding a bicycle rental agreement, purchasing the card and topping up a minimum amount to be used. Using the KOMBIbike Card entitles the User to rent a bike with a unique KOMBIbike design directly at the docking station using a card reader marked KOMBIbike. The chosen card selling point will issue an invoice/bill about the fee purchasing the card, renting a bike and the amount topped up to use the bicycle.

In order to use the KOMBIbike System, Temporary Users have to register on the website www.kombibike.eu or download the application KOMBIbike. The tickets can also be purchased at any of the points-of-sales offering KOMBIbike Card. Following registration and the purchase of ticket, rental is possible at the terminal of the rental stations, using the PIN code received in an email.

Bicycles for rent are locked at the docking station with electronically controlled locks.

The KOMBIbike Public Rental Bike System is owned by the European Grouping of Territorial Cooperation Pons Danubii.

The document of General Terms and Conditions (hereinafter GTC) contains the conditions for renting KOMBIbike bicycles. The GTC forms an integral part of the KOMBIbike rental agreement concluded between the Provider of KOMBIbike system and the User of KOMBIbike bicycles.

I. DEFINITION OF TERMS

The terms used in General Terms and Conditions are defined as the following:

Docking station: construction for fixing the KOMBIbike bicycle at the rental stations. The components of the docking station are: the TAG reader, the card reader, the lock and two high power led light sources.
KOMBIbike bicycle: means of transport with a unique design, the frame and the components of the vehicle are not standard, the bicycle seat cannot be removed.
Provider: Európske zoskupenie územnej spolupráce Pons Danubii, s ručením obmedzeným (Pons Danubii European Grouping of Territorial Cooperation), address: Námestie generála Klapku 1/1, 945 01 Komárno, Slovenská republika, Company registration number: 45 230 021, IČ Tax number: SK2023156751, e-mail: office@ponsdanubii.eu
User: A natural or legal person who is concluding the bicycle rental agreement with the Provider. The User purchases either the KOMBIbike Card to be used for a definite period of time or registers as a temporary user and will be entitled to rent a bicycle receiving a PIN code in an email to use the bicycle.
KOMBIbike Card: a magnetic card available at the card selling points for a definite period of time: a month, 6 months or 24 months.
Stations: Bike rental stations located within the administrative area of the settlements participating in the project, consisting of the terminal, a specified number of docking stations and a specified number of KOMBIbike bicycles.
Card Selling Points: Contracted partners, where the KOMBIbike Card (magnetic card) can be purchased and topped up with the required sum. The list of card selling points, address and opening hours are accessible on the website: www.kombibike.eu .
Call center: a telephone line available for the Users or those interested in the service to get information about functioning of the System, register the reported damages, and as a result, steps are taken to eliminate the occurred technical problems and any kind of damage reported. Phone number for call centers: + 421 907 665 248; +36 30 013 7709
Terminal: equipment for reading the KOMBIbike Card or an equipment used for renting a bike using a PIN code received by the User in an email. The equipment is interconnected with the station, which consists of a PC, system reading the card, monitor and a control keyboard.
System: KOMBIbike Public Bike Rental System is a public rental bike system implemented in the framework of the project “KOMBI - Cross-border Integrated Bike Sharing System”, project ID: SKHU/1601/2.2.1/109.
Website: The website www.kombibike.eu is operated by the Provider.
Application: mobile phone application operated by the Provider called KOMBIbike

II. Scope of the GTC

This document on General Terms and Conditions (GTC) contains the conditions for renting KOMBIbike bicycles. GTC forms an integral part of the KOMBIbike bicycle rental agreement concluded between the KOMBIbike User and the Provider. The User is accepting these terms and conditions of use by registering in the system on the KOMBIbike website or KOMBIbike application, as well as by purchasing KOMBIbike Card or buying ticket to rent a bike at any card selling points.

Persons under the age of 14 are not entitled to conclude a bicycle rental agreement. The conclusion of bicycle rental agreement is considered to be a legal act within the scope of covering the needs of everyday life, which according to par. 9 of the Civil Code is appropriate for the Users under the age of 14 years of age, and does not require the consent of legal representative to enter the bicycle rental agreement.

The present GTC shall remain in effect for an indefinite term starting on May 10, 2021. The Provider is entitled to amend the GTC and its annexes; such modifications also apply to the contracts effective at the time of the amendment. Potential amendments are announced 10 days before the amendments come into affect, and will enter into force, when published on the website. In case, the User does not wish to acknowledge the amending provisions of the GTC, then he/she is obliged to return the KOMBIbike Card to the Provider at any of the card selling points within 10 days from the announcement date of the amendment published on the website. Failure to return the KOMBIbike Card is regarded as acknowledgment of the amended GTC.

III.Bike Rental Options

III.1.Regular Users

KOMBIbike Card shall in each case be purchased at the Card Selling Points. After the expiry date of the purchased KOMBIbike Card, the User can extend the validity of the card and to purchase a new card solely at the Card selling Points.

Natural person above the age of 18 may possess no more than three KOMBIbike Cards, and accordingly may rent no more than three KOMBIbike bicycles at a time.

Natural persons below the age of 18 may possess no more than one KOMBIbike Card at a time.

In case, the User is a legal entity, may obtain KOMBIbike Card based on a special agreement with the Provider, in which the number of obtained cards will also be determined.

In order to purchase a KOMBIbike Card with permanent character, the Provider and the card seller acting on behalf of themselves, but for the benefit of the Provider will require the following data from the User as a natural person:

- title, name, surname

- permanent address or temporary address (if both are available)

- number of ID card, resp. passport/driving license

- date and place of birth

- name and surname of the User’s mother

- mobile phone number

- e-mail address.

In order to verify the information above, a valid ID card is required. The User is obliged to inform the Provider about all changes in personal data and present the corresponding documents to the Provider at the card selling point within 5 days.

Detailed rules on data management are set out in Article VI of the present GTC.

In case the User is a legal entity, the Extract from the Business Register is required or any further document certifying this registration. The person acting on behalf the legal entity is obliged to prove his/her identity before concluding the bicycle rental agreement.

The KOMBIbike Card entitles the User to use bicycles located in KOMBIbike Rental Stations.

In case the KOMBIbike Card was issued for the User – a natural person is the person the KOMBIbike card was issued for is entitled to use the KOMBIbike card. Should the User transfer the KOMBIbike card or the ID and PIN code issued to him/her to another person, the User for whom the KOMBIbike card was originally issued shall be responsible to the Provider for the activities or potential damage caused by any third person actually using the KOMBIbike card, ID and PIN code issued for the User.

Non-natural person Users may transfer the cards issued to him/her for use to natural persons determined by the User in question. In case of Non-natural person, Users are responsible to the Provider for the activities and damage caused by the persons to whom the KOMBIbike cards were transferred for use.

The User may not transfer the balance on his/her KOMBIbike Card neither partially nor full amount on the KOMBIbike Card of other Users. Topup on KOMBIbike Cards is not limited.

III.1.1. KOMBIbike Card

KOMBIbike card is a plastic card with a unique identifier, which will entitle the holder of the card to rent one bicycle.

It is possible to apply for KOMBIbike card by concluding a bicycle rental agreement and paying the fee of a 1 month, 6 months or annual pass, the fee of the KOMBIbike Card and by topping up the minimum amount to the card at the card selling points.

Validity of the KOMBIbike card is the same as the expiry time of the pass. Expiry time of the KOMBIbike card will automatically be extended by purchasing a new pass at the card selling points, website or via the KOMBIbike application.

Should the User lose, damage or otherwise make useless the KOMBIbike card issued to him/her, or if the card becomes useless otherwise, the User must purchase a new KOMBIbike Card. The User shall be responsible for the KOMBIbike Card and its use issued to him/her in accordance with the contract. The User to whom the specific KOMBIbike Card was issued is liable for the damages caused by the loss of the card as well as responsible for non-contractual (fraudulent) use of the card. The User is obliged to report the loss, damage or destruction of the card to the Provider within 1 (one) working day. It should be done either personally at one of the card selling points resp. on phone by calling the customer service.

III.1.2. Fees paid for KOMBIbike pass and KOMBIbike Card

In order to use the KOMBIbike Card, it is necessary to purchase a monthly, a 6 month or annual pass, which will allow access to the System. The price of the passes and fee to be paid for the KOMBIbike Card are accessible on the website. In case the card is purchased in Slovakia, the fee determined in EUR will be paid, while in case of KOMBIbike Card purchased in Hungary, the fee will be paid in HUF.

If during the validity period of the pass, the rental cost of bicycle increases specified in Section III.1.3., the pass can be returned within 8 days at any card selling point in the country of the original purchase, and the aliquot amount from the price of the pass will be refunded.

Passes can be purchased parallel to application for new KOMBIbike Card or extending the validity of KOMBIbike Card at one of the card selling points, website or using the application.

When purchasing the KOMBIbike Card, it has to be topped up with a minimum amount of 1200,- HUF / 3 EUR. The amount topped up can be used during the validity period of the pass or the validity period of the new card purchased within one month from the expiry date of the previous pass. After the validity of pass expires, the surplus amount will be refunded at the card selling points. The rental cost of the KOMBIbike bicycle will be deducted from the amount topped up. If the balance of the User is zero or negative, resp. the validity of the KOMBIbike Card expires, the eligibility of the User to use the card expires. In this case the docking station gives an intermittent beeping sound. At the time of repeatedly topping up the balance, the negative balance has to be settled, and then an additional minimum amount of 1 200,-HUF / 3 EUR must be topped up. KOMBIbike cards can be topped up at the Card selling Points, on the Website or using the application.

III.1.3. Rental fee

First half hour of each new rental in case of conventional bikes initiated with the purchased and valid pass is free of charge. After the first half hour, each started half hour is considered as rental, and will be charged accordingly. In case of electronic bikes each started half hour is charged. The rental fee is indicated on the Website.

The maximum rental period is 10 hours per occasion.

III.1.4.Renting a bicycle using KOMBIbike Card

The KOMBIbike card entitles the User to start the rental directly at the Docking station. In order to start using the KOMBIbike bicycle, the User should hold or tap the card to the card reader on the Terminal. This is followed by a sound and flashing light signal, after which the lock holding the bike opens. The signal keeps flashing for 20 seconds, during which the User can remove the bike from the docking station. After starting the rental, two minutes are available to check the technical condition of the bike. After this, the rental fee begins to be charged. If any failure (vandalism, puncture, damage etc.) is detected on the bike, it has to be returned to the docking station within the 2-minute period mentioned above. The User is obliged to report any damage on the bike or damage of the docking station at the terminal.

III.2. Temporary user/ Temporary rental

Temporary KOMBIbike rental is available to natural persons over the age of 14, who do not possess a permanent KOMBIbike Card. Non-natural persons are not entitled for temporary use of the System.

Temporary rental can be initiated on the Website or using the KOMBIbike application.

Temporary rental is available until the User has a valid ticket. In case the User would like to initiate multiple occasional rental with the same debit/credit card, the amount of the deposit will be separately blocked on the card for each bicycle rental initiated. The Provider does not verify, whether the bank card is used legitimately, and therefore the seller does not bear responsibility for the use of the bank card. Such contracts are considered legally concluded, and the seller shall deduce the fees payable for using the bike sharing system from the deposit blocked on the User’s debit/credit card.

III.2.1. Registration

To use the KOMBIbike system, registration is required, which can be done on the website www.kombibike.eu or downloading the application KOMBIBike.

An 8-digit PIN code in an email will be sent to the mobile number provided during registration, which will be used to identify the User. The Provider is not responsible for failed delivery of the email.

If you have already registered in KOMBIbike system, your registration is also valid on online surface of further bike sharing systems: BabiBike, EgerBringa, GyőrBike, MariaValeriaBike, PecsiKe, Tbike, Vbike. The ticket or pass valid to use the KOMBIbike system cannot be used with the mentioned bike sharing systems. In order to use the listed systems, a ticket or pass has to be purchased for the determined area of the system.

III.2.2. Purchasing tickets

After registration, a ticket guaranteeing access to the KOMBIbike system must be purchased, which can be done on the website or via the application.

The ticket is valid for the selected period. This duration is either 24, 72 hours, or 1 week. The valid ticket entitles the User to rent one bike, the duration of which rental may not exceed 10 hours per occasion.

When a ticket is purchased, the system will block 9500 HUF (25 EUR in case the ticket is purchased in Slovakia) as a deposit on the bank account of the User. After the expiry of the purchased ticket, the system will deduct the price of the ticket from the amount of the deposit, and will release the remaining amount on the debit/credit card of the User. The amount of the deposit is used to settle any claims appearing using the bicycle (rental fee, compensation for damages, etc.). If the amount of the deposit is not sufficient to cover all these claims, the User will still be responsible for full payment of the fees not covered by the deposit.

III.2.3. Bicycle rental fee

The rental fee is indicated on the Website under the menu “RENTAL FEE”. Fee for first half hour of using conventional bicycle is not charged. In case of renting electric bicycle, the rent is charged also for the first half an hour use of the bike.

The maximum rental period is 10 hours per occasion.

III.2.4.Bicycle rental with PIN code

Bike rental is possible after registration and ticket purchase. Choose the menu item „Rent with PIN code” then enter your 8-digit PIN code. Following the PIN confirmation, enter the number of the dock. The numbers are shown on the screen of the terminal. You will hear a beeping sound, see a flashing sign and the lock that secures the bike will open. The light flashes for 20 seconds and the bike can be taken out during this time. If the bike is not taken out within this time limit, it is relocked. The User has 2 minutes to check the bike, after that charging the rental fee starts. In case the User finds any problem with the bike (sign of vandalism, puncture, broken parts, etc.), he/she may return the bike to the dock within the 2 minutes free of charge. You can report the damaged bike or dock directly at the terminal. The User is obliged to report the damage of the bicycle or/and the docking stations directly by sending a signal from the terminal.

III.3. Information for the User

In case of power or battery failure at the bicycle station, the User cannot take out the bicycle from the docking station, however after completion of the Rental it will still be possible to return the KOMBIbike bicycle to the Docking Station. The Provider reminds the User if the bicycle is returned to defective docking station, the User will not be able to rent another bicycle at the station or at any other KOMBIbike stations. If it happens, the User is obliged to contact the call center.
After the Rental, the User may return the KOMBIbike bicycle to any empty docking station at any of the KOMBIbike Rental Stations. When the bicycle is returned, the light on the docking station will turn on and flashes for 20 minutes, which means that the rent ended. Returning the KOMBIbike to the docking station indicates the end of the bicycle rent.
The Provider warrants that for the duration of the Rental, no third party has any right or claim for the KOMBIbikebicycle that would restrict, limit or exclude the User from the use of the KOMBIbike bicycle. The User will keep the bicycle in a condition suitable for the intended use. With respect to the fact that there is no permanent personal supervision present at the Rental Stations, it may happen that Users place (return) defective bikes to the station. For this reason, the responsibility to ensure the condition suitable for intended use of the bicycle is divided between the Provider and the User, while the User is obliged to proceed as it is stipulated in section IV/6.
The Provider of electronic communication services may charge for the use of the Internet, mobile or other electronic connection (mobile phone, fixed line, PC with Internet connection, tablet with Internet connection) or for a special method of payment based on the specific or other type of contract. The provider of payment services may also charge fees for the use of their services when paying for the services by the Provider. The provider of the service will not charge any additional fees.

III.4. Provisions on termination of the contract for all Users

The Provider is entitled to terminate the contract without prior notice and without imposing a period for rectification if the User or any third party to whom the User has provided the KOMBIbike bicycle or KOMBIbike Card violates the provisions of the bicycle rental agreement or the provisions of the present GTC. In case of termination, the User or the person authorized by the User to use the System must stop the use of the System immediately, return the KOMBIbike bicycle to one of the Rental Stations and submit the KOMBIbike card to one of the Card Selling Points. Even if the KOMBIbike card is not submitted, the Provider will void the KOMBIbike card parallel to the termination. Parallel to termination of KOMBIbike Card and withdrawal from the Bicycle Rental Agreement, the User is obliged to pay the Provider the contractual penalty of 100,- EUR/ 37.000,- HUF for breaching the obligations stipulated in the Bicycle Rental Agreement and the present GTC. The Provider is entitled to enforce the penalty by deducing it from the balance of any KOMBIbike card concerned by the termination. In case the User has multiple valid contracts at the time of the termination, the Provider is entitled to terminate all contracts for the same reason with an immediate effect.
In case of termination of the contract, the Provider is entitled to refuse entering into a new contract with the User and to inform the Card selling points. Such a decision solely depends on the decision of the Provider.
The User has the right to terminate the contract at any time. Withdrawal from the contract results in the obligation of the User to return the KOMBIbike Card at any of the card selling points, where the purchase was realized. As a result of the User’s withdrawal from the contract, the Provider will cancel the validity of the KOMBIbike Card and return the unused balance deposited on the KOMBIbike card to the User. The fee paid for issuing the KOMBIbike card will not be refunded.
The User – a natural person is entitled to witdhraw from the contract within 14 days from the date of conclusion the contract. If the User exercises an option to use the bicycle rental system within 14 days following the purchase of KOMBIbike Card or ticket, declares using the bike sharing system before the expiration of the 14-day withdrawal period from the contract. The User acknowledges that his right to withdraw from the contract expires with such commencement of the rent.

IV. Rules applicable to use of the KOMBIbike bicycles

Maximum rental period of the KOMBIbike is 10 hours per occasion, after the expiry of which period the User must return the KOMBIbike bicycle to any Rental Station and dock it to the Docking Station. In case the User is unable to return the KOMBIbike bicycle to the Rental Station due to the error of the station, the User has to inform the Provider immediately via the call center and will act in accordance with instruction of the call center. In case of exceeding the maximum rental period, the call center shall declare the KOMBIbike bicycle as missing, on the basis of which the Provider shall be entitled to take legal and other actions and initiate corresponding proceedings.
The KOMBIbike bicycles may only be used in the administrative area of the towns Komárno (SK), Nové Zámky (SK), Hurbanovo (SK), Nesvady (SK), Komárom (HU), Tata (HU), Oroszlány (HU) a Kisbér (HU), as the exact definition of the territory the bicycles can be used can be found on the website www.kombibike.eu.
The User is obliged to use the KOMBIbike bicycle pursuant to the provisions stipulated in the present document about General Terms and Conditions.
The User is obliged to use the KOMBIbike Bicycle in compliance with the road traffic rules in a professional manner.
By taking over the KOMBIbike bicycle for use, the User declares that based on health conditions and physical characteristics, he/she is suitable for the use of the KOMBIbike bicycle, and assumes responsibility for potential injuries caused as his/her fault. The User shall take care of his/her own health, asset and liability insurance.
Before using the bicycle, the User has to check the technical condition of the bicycle, whether it is in a suitable technical condition for use. By checking that the bicycle is in proper technical condition for use, the User acknowledges that the vehicle is suitable to be used in traffic.
The User is obliged to protect the bicycle from theft, loss or any kind of damage, and is obliged to act generally expected in that particular situation in order to avoid these situations.
The User cannot make any modifications to or cannot repair the bicycle.
The User is prohibited from handling over the KOMBIbike bicycle to someone else for rent or use. The KOMBIbike bicycle may only be used by the User with an exception of the Users who are legal entities and follow the rules set out in II.1. of the present GTC.
The KOMBIbike bicycle can only be used by the User and no other person can be carried on the bicycle.
KOMBIbike bicycles are forbidden to use under the influence of alcohol or other psychotropic substances.
The User is obliged to report any kind of damage, theft or accident caused by the bicycle on the following phone numbers: +421 907 665 248; resp. +36 30 013 7709 or report the accident resp. damage or theft to the police.

V. Responsibility for damage

The User shall be responsible for any kind of damage caused by inappropriate use of the bicycle, if the bicycle is not used in accordance with the rules stipulated in the present General Terms and Conditions or the User has not fulfilled its obligation under the Bicycle Rental Agreement.
In order to protect the property of the Provider, the KOMBIbike stations are under constant surveillance control. These records will be used in case of vandalism or other damage caused to assets of the Provider.

VI. PERSONAL DATA PROTECTION

The data protection policy is available on the website (www.kombibike.eu), which the User becomes informed about after concluding the bicycle rental agreement and has accepted the content of the current document (GTC) by signing the bicycle rental agreement.

VII. HANDLING COMPLAINTS

The User may report complaints related to the system and services to the Provider both orally and in written form using the contact details provided in this GTC.
A protocol is prepared about the complaint, which will be addressed to the Provider in written form.
The Provider shall provide a written response to the complaint within 30 (thirty) days, as of the date the complaint was submitted.
If the User, a natural person is not satisfied how the complaint was handled or feels that his/her rights had been violated by the Provider, has a right to contact the Provider and claim compensation. If the User receives a negative response for his/her compensation claim, or the Provider does not respond to claim within 30 days from the date the claim was sent, the User has a right in accordance with § 12 of Act No 391/2015 Coll. on alternative dispute resolution. The responsible institution for alternative dispute resolution is the Slovak Trade Inspection (www.soi.sk) or any other authorized legal entity registered as an organization for alternative resolution of disputes on the list of the Ministry of Economy of the Slovak Republic http://www.mhsr.sk/zoznamsubjektovalternativnehorieseniaspotrebitelskychsporov/146987s. The consumer has a right to choose which institution to address for alternative resolution of the dispute. At the same time, the consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/. Information about the fees for complaint proposals can be found on the websites of individual institutions for alternative dispute resolution.

VIII.Changes in General Terms and Conditions

The Provider is entitled to modify or amend the present General Terms and Conditions by publishing the modifications at least 10 days before it enters into force. The modifications and amendments have to be published on the website. If the fee for bicycle rental is increased or the period of free use of the bicycle rental is shortened, the Provider is obliged to inform the User of KOMBIbike Card on the e-mail address, provided by the User.

IX. Miscellaneous Provisions

The present General Terms and Conditions shall enter force on 10th. May 2021.
With respect to issues not regulated in the present General Terms and Conditions, the provisions of the relevant legal regulations of the Slovak Republic shall apply.