Rental terms
This is a translation provided for convenience. The legally binding version of this document is the Polish one.
These terms set out the rules for renting electric bicycles and for using the repair services provided by Black-Ebike Viktor Holovatiuk.
§ 1. General provisions
- The lessor is Black-Ebike Viktor Holovatiuk (correspondence address: ul. Zeusa 1, 01-497 Warszawa), NIP 5223353620, REGON 543221806 (the Lessor).
- The lessee is the natural person who enters into an electric bicycle rental agreement with the Lessor (the Lessee).
- Bikes are handed over and returned at ul. Wolska 84, 01-141 Warszawa.
- Contact: phone +48 729 441 556, e-mail golovatiuk2302@gmail.com, chat in Telegram.
- These terms are made available free of charge before the agreement is concluded, in a form that allows them to be downloaded, stored and printed.
§ 2. Definitions
- Bike — the electric bicycle together with the equipment handed over to the Lessee (charger, lock, helmet, where issued).
- Agreement — the rental agreement concluded for the fixed term stated in the Booking.
- Booking — an order for a rental on a chosen date, placed via the app, chat or in person.
- Deposit — a refundable security for the Lessor's claims under the Agreement.
- Rental period — the time from handover of the Bike until its return, as stated in the Booking.
§ 3. Rental conditions
- A Bike may be rented by a person who is at least 18 years old and presents valid photo identification (dowód osobisty lub paszport).
- The Lessor checks the document in order to conclude and perform the agreement and to protect its property. The data recorded and the retention periods are described in the RODO notice for rentals.
- The Lessor may refuse to hand over a Bike if:
- the person does not present identification, or the data raises justified doubts,
- the person appears to be under the influence of alcohol or other intoxicants,
- a previous rental by that person ended with damage to or non-return of a Bike.
- A refusal on the grounds listed in paragraph 3 does not give rise to any liability for damages on the part of the Lessor; amounts already paid are refunded.
- The Lessee may not sublet the Bike or pass it to third parties.
§ 4. Booking, price and payment
- The price follows from the length of the Rental period and is presented to the Lessee before payment, broken down into its components.
- The system selects the cheapest available combination of rates for the Lessee (day, week, month). The Lessee chooses dates, not a tariff.
- Current base rates:
- day — 45 zł,
- week — from 150 zł (depending on the model),
- month — 700 zł.
- Payment is made online (BLIK, card, transfer) or in cash at the shop. Online payments are handled by Przelewy24. The payment-card operator is PayPro SA Agent Rozliczeniowy, 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 i Wilda in Poznań, VIII Commercial Division, under KRS 0000347935, NIP 7792369887, REGON 301345068. The Deposit is settled separately and is not part of the rental price.
- Delivery of the Bike to an address is an additional paid service, charged according to the price shown at Booking.
- A change of prices does not affect Bookings that have already been paid for.
§ 5. Deposit
- The Deposit is 100–200 zł depending on the model of the Bike; its amount is shown at Booking. It is taken at handover — in cash or as a hold on a payment card.
- The Deposit is solely a security for the Lessor's claims. It is not a contractual penalty or an additional rental fee.
- The Deposit is returned in full immediately after the complete and undamaged Bike is returned, and no later than within 7 working days, in the same form in which it was taken.
- The Lessor may retain part of the Deposit only up to the amount of actual and documented damage as referred to in § 8, and provides the Lessee with a calculation.
- If the damage exceeds the Deposit, the difference is settled under the general rules of the Civil Code. If the damage is lower, the surplus is refunded.
§ 6. Handover and return
- At handover the parties inspect the Bike together. Any damage noticed is recorded before the Rental period begins.
- The Lessee receives a technically sound Bike with a charged battery and the equipment stated in the Booking.
- The Bike is returned to the location in § 1(3) during opening hours, at the latest on the final day of the Rental period.
- For a late return the Lessor charges the daily rate for each started day of delay. This is not a contractual penalty but payment for the actual continued use of the Bike.
- If the Bike is not returned within 48 hours of the end of the Rental period despite contact from the Lessor, the Lessor is entitled to report the matter to law enforcement.
§ 7. Rules for using the Bike
- The Lessee uses the Bike in accordance with traffic regulations and the intended purpose of the equipment.
- The Lessee undertakes in particular to:
- lock the Bike whenever it is left unattended,
- not leave the Bike overnight in a public place,
- charge the battery only with the charger received from the Lessor,
- not carry out repairs or modifications independently.
- It is prohibited to use the Bike: under the influence of alcohol or intoxicants; for racing or jumps; to carry persons or loads beyond the permitted weight; outside the territory of the Republic of Poland without the Lessor's prior consent.
- The Lessor recommends riding with a helmet. A helmet is provided free of charge on request.
§ 8. Liability
- The Lessee is liable for damage caused through their fault, including damage to, loss of, or theft of the Bike during the rental.
- The Lessee is not liable for:
- normal wear resulting from proper use,
- technical faults not caused by the Lessee (electronics, battery or motor failures, wear of tyres and brakes).
- In the event of theft, the Lessee immediately notifies the Police and the Lessor and provides confirmation of the report. Returning the lock and keys is a condition for accepting that the Bike was properly secured.
- The Lessee's liability is limited to the actual amount of the damage, determined by the cost of repair or — in the case of a total loss — the value of the Bike less depreciation.
- The Lessor is not liable for items left on the Bike, nor for damage caused to third parties by the Lessee's breach of traffic regulations.
§ 9. Breakdown during a ride
- In the event of a breakdown the Lessee stops riding, secures the Bike and contacts the Lessor.
- Where the breakdown is not the Lessee's fault, the Lessor — at its choice and depending on its capacity — repairs the Bike, replaces it with a working one, or collects it from the location within Warsaw at no extra charge.
- For the time the Bike was unusable for reasons not attributable to the Lessee, the Lessor reduces the rent proportionally or extends the Rental period.
- Independent repair at an external workshop requires the Lessor's prior consent; without it, the costs are not reimbursed.
§ 10. Extension and early return
- The Lessee may extend the Rental period provided the Bike is not already booked by someone else. An extension requires payment for the additional period before it begins.
- Returning the Bike early does not entitle the Lessee to a refund of the rent for the unused period, unless the early return results from circumstances attributable to the Lessor.
§ 11. Withdrawal and cancellation
- Under Article 38(1)(12) of the Polish Consumer Rights Act, the right to withdraw from a distance contract does not apply to contracts for services relating to vehicle rental where the contract specifies a date or period of performance. A Booking with specific dates is such a contract.
- Regardless of paragraph 1, the Lessor allows a Booking to be cancelled:
- free of charge — up to 24 hours before the start of the Rental period; the amount paid is refunded in full,
- later — the Lessor refunds the amount paid less 50% of the value of the first rental day, covering the cost of holding the Bike for that date.
- Refunds are made immediately and no later than within 14 days, using the same payment method the Renter used (for online payments — a refund to the same transaction via Przelewy24), unless the Renter expressly agrees to another method that involves no cost for them.
- If the Lessor cannot hand over the Bike for reasons on its side, it refunds all amounts paid immediately and no later than within 14 days.
§ 12. Complaints
- Complaints may be submitted to golovatiuk2302@gmail.com, by phone at +48 729 441 556, or in person at the shop.
- The Lessor examines the complaint and replies within 14 days of receiving it. Failure to reply within that period means the complaint is upheld.
- Consumers may use out-of-court complaint and redress procedures, including assistance from the district (municipal) consumer ombudsman and the EU online dispute resolution platform at ec.europa.eu/consumers/odr.
§ 13. Personal data
The controller of the Lessee's personal data is the Lessor. Processing is described in the Privacy policy and the RODO notice for rentals.
§ 14. Final provisions
- Matters not governed by these terms are subject to the Polish Civil Code and the Consumer Rights Act.
- The Lessor may amend these terms for valid reasons (a change of law or of the scope of services). Agreements already concluded remain subject to the terms in force on the day of conclusion.
- Provisions less favourable to a consumer than mandatory legal rules are not binding on the consumer; the relevant statutory provisions apply instead.
- Disputes are settled by the court having jurisdiction under general rules. Polish law applies.