Valid from July 2020
General Terms and Conditions (GTC) for Bike Sharing Systems Operated by nextbike Czech Republic
The following general terms and conditions are valid for the use of rental bikes and ebikes (furthermore only “bike”) offered by nextbike Czech Republic. Paragraphs §1 – §8 of our terms and conditions determine the rights and obligations for the use and rental of bikes. Paragraphs §9 – §19 regulate the business relationship between nextbike Czech Republic as operator of the rental system and its customers.
Definition of terms
- Provider – nextbike Czech Republic s.r.o.
- Customer – registrated user, who has an active nextbike customer account
- Customer account – an account, which is established via nextbike application or website www.nextbikeczech.com. It serves for renting nextbike bikes
- Registration – establishing nextbike customer account and providing information necessary for renting nextbike bikes
- Activation of nextbike customer account – it is done through registration of valid credit card and transfer of 50 CZK, which serves as customer´s credit. This credit can be applied in all countries of nextbike presence and it is not possible to cash it out
- Rental – length of using a nextbike bike. It runs from opening a bike untill locking it
- Start of rental – rental starts running with confirmation of a bike rental in nextbike application
- End of rental – rental finishes when a bike is returned to the official station, customers push the lock down and check the return in nextbike application, section rental history
- Parking – temporary stoppage in using a bike (through parking mode in nextbike application), which allows customers to lock a bike out of station without fine. Time of rental is still running within parking mode
- Return a bike – end of rental, which is done by taking a bike to an official station, locking the bike and checking the return in nextbike application, section history
- Fare – money charged to a customer for time of rental
- Official station – a place defined for bike returns, which is marked in the map of application or online at www.nextbikeczech.com as a drop. After clicking at this drop, name and number of the station shows up. If there is no name or number of a station, it is not an official station but it is a bike returned out of station and returning other bikes is not allowed there
- Flexi zone – area defined for bike returns. It is marked in the map as blue area
- Bonus station – riding a bike from/to this station activates a special benefit (ex. extra credit, free minutes, free ride)
- Extra free minutes – time of rental which is free of charge. It is acquired by riding a bike from/to a bonus station
- Extra credit – money added to a customer´s account, applicable only to rentals of nextbike bikes, which can not be cash out
- Free ride – rental free of charge acquired by riding a bike from/to a bonus station, with limitation up to 4 hours
§1 Jurisdiction of the Terms and Conditions (GTCs)
- nextbike Czech Republic r.o. (“provider”) rents bicycles to registered customers (“customer”) as far as the products and services are available.
- Rentals are possible either by telephone or via nextbike app for smartphone, supporting iOS, Android or Windows.
- Individual agreements made orally between parties before or during the contractual period, deviating from these GTCs must be approved and confirmed in writing by nextbike Czech
- Terms and Conditions are valid for nextbike Czech Republic. For nextbike in different countries individual conditions apply.
§2 Registration and confirmation
- Application for registration (“application”) is possible either via nextbike app for smartphone, supporting iOS, Android or Windows or online at nextbikeczech.com . In order to become a registered customer, the applicant must be at least 16 years.
- As part of the application process, the provider is authorised to utilise the services of payment partner Apco System Limited (Apcopay) or Adyen, to check the creditworthiness of the applicant.
- Upon registration, the applicant shall receive a personal identification number (PIN) which they may use to log into the smartphone app and online customer account.
- Approval of the application shall result in the issuing of an activation This notification may occur via email or SMS.
- Following successful registration, the customer may rent nextbike Czech Republic bikes and other bikes from nextbike brands throughout the world. An overview of individual locations may be viewed online at nextbikeczech.com. If the customer wants to rent bikes from different brands as registered, the customer will be asked to find out local divergent rates and GTCs.
- A valid payment card must be provided prior to the time of rental. For verification the provider will charge an amount of 50 CZK which will be added to one’s credit balance. This credit can be used in all types of tariff, in all countries of nextbike presence, it doesn’t expire and cannot be returned.
- The customer is obliged to inform nextbike Czech Republic immediately of any changes to their personal information which occur during the business
§3 Terms and Conditions of Use
- The rental bikes may not be used
- by persons who are younger than 16 years,
- to carry more persons at once, in particular young children,
- for journeys outside of Czech Republic without written consent from nextbike Czech Republic,
- for hiring to third parties,
- by individuals under the influence of alcohol or drugs (zero legal (alcohol) limit),
- if the bikes are used in unfavourable weather conditions, (e.g strong wind, rainy weather, stormy weather) or any weather conditions that are unfavourable to bike usage. The use of bikes during any adverse weather conditions is at one’s own risk and nextbike advises the user not to use the bike in such conditions.
- The customer is obliged to obey all road and traffic laws and regulations.
- Freehand (“no-hands”) operation of the bike is not allowed at any time.
- It is forbidden to use the bicycle basket in an improper manner or overload it (maximum allowable load: 5 kg). The customer is obliged to ensure that all transported goods and items are properly fastened and secured at all It is not allowed to transport live animals there. Nextbike Czech Republic s.r.o. is not responsible for any damage occured on transported things and damage caused by transported things.
- Unauthorized modifications or alterations to the rental bike are not allowed.
- Should unauthorized or improper use of the rental bike be determined, nextbike Czech Republic is authorized to terminate the business relationship and block the customer from further rentals and usage and require financial compensation.
- If a customer leaves bikes to a third party to use it, he/she has to guarantee, that the third party considers our GTC. The customer is responsible for the actions of any third parties authorised to use the bike to the same extent as for his/her own actions. When lending the bike to a third person, he/she must be older than 16 years.
§4 Rental Limitations
- Return of a bike is possible in a city where rental started.
- Unless agreed upon, each customer may rent up to four bikes on one customer account at once. Every bike is counted as one rental. When renting more bikes at once, special offers are valid only for one bike (ex. free 15 minutes).
- There is a limit 20 rentals per 24 hours.
- Once the free minutes have been used, this benefit can only be used again after 10 minutes, otherwise the fee will be charged.
§5 Duration of Rental
- The chargeable rental period of a bike begins with the confirmation of chosen bike in the application.
- The customer has to confirm the provider of the end of the rental period in accordance with § 8. After confirmation of the end of rental, fare appears. The official end of the rental period shall be marked with locking the bike a checking in nextbike application, in section Customer service must be informed about any problems via the service hotline or application immediately.
§6 Condition of Rental Bikes
- The customer has to make her/himself familiar with the condition and the appropriate use of the rental bike before rental.
- The customer is in addition obliged to check that the bike is in a roadworthy and safe condition before Should the customer determine technical defects or deficiencies at the beginning of, or at any point during, the rental period, he/she has to notify the provider’s customer service or application and eventually end the rental.
- Customer is obliged to report immediately any damage of a bike, especially if the bike is found without its lock, to the customer service.
§7 Parking of the Rental Bikes
- If the customer decides to suspend the ride, it is necessary to park the bike (time of the rental still The customer is obliged to follow road traffic regulations while parking. Furthermore, he/she must ensure that the bike does not hinder road safety, that other vehicles and/or traffic is not obstructed and that no damage is done to third parties or their property.
- In particular, it is not allowed to park rental bikes permanently or temporary
- at traffic lights
- at parking ticket machines or parking meters
- at traffic signs
- on walkways which are thereby reduced to a width of less than 50 meters
- in front of, in or near emergency exits and fire department service zones
- where the bike covers local advertisements
- on train and bus platforms
- in buildings, backyards/ courtyards or within any type of vehicles at any
- on guiding plates for the blind
- at or in front of post boxes
- in front of doors or gates or in their swivel range in
- or in front of driveways
- The rented bike must be locked properly when not in use, even if the customer leaves the bike unattended for a short time. More information about how to lock a bike can be found on YouTube.
- The client shall not be allowed to park the bikes permanently in parks /green spaces or on private The client shall be allowed to park the bikes temporarily on private property only once allowed to do so by any person/s having the authority to grant such permission
- Failure to comply will result in the charging of service fees, unless the customer is able to show that the actual expense incurred was lower in accordance with the current price list available online of any official fines and/or claims on the part of any third parties incurred as a result of non-compliance with these regulations or legal regulations.
§8 Returning of Rental Bikes
- The returning of rental bikes is allowed only to the defined areas, marked with station name and station number in the nextbike application and online at nextbikeczech.com. Exceptions apply for individual locations with flexi zones.
- The bike must be returned so that it is clearly visible at one of the locations published online or in the nextbike application and locked via back wheel lock. Through this action customer confirms the end of rental and provides information on rental time and exact return location (station number or GPS).
- Returning bikes to the forbidden zones, defined in the application or on the website nextbikeczech.com is not allowed.
- Customer is obliged to mechanically lock the bike which ends the rental. It is shown in the application. Customer is obliged to check the end of rental in rental history in nextbike application. Customer has to inform nextbike Czech Republic via application or service hotline immediately if the return wasn’t successful.
- The customer must be able to provide this information to nextbike Czech Republic upon request for a period of 48 hours following the rental period.
- Should the customer not return the bike at a defined area as described in paragraph 1 to 3, provide false information or forget to return the bicycle entirely, a service fee will be charged by nextbike Czech Republic to the customer in accordance with the current price list.
§9 nextbike Czech Republic Liabilities
- The no-fault warranty liability of nextbike Czech Republic excludes any material deficiencies existing during the course of the rental agreement. nextbike Czech Republic shall be liable to the customer in any case of malice intent or gross negligence demonstrated by nextbike Czech Republic, as well as by any representatives or agent in accordance with the statutory provisions of nextbike Czech Furthermore, nextbike Czech Republic is only liable for the violation of life, bodily health or culpable violation of essential contractual obligations. Should any essential contractual obligations be breached, the claim for damages shall be limited to the foreseeable damage adhering to the contract. nextbike Czech Republic is not liable for damages to objects which have been transported during a rental either through the use of the bike basket or the cellphone holder, unless the damage was due to intentional or grossly negligent behavior of nextbike. Other than the aforementioned stipulations, the liability of nextbike Czech Republic is excluded.
- nextbike Czech Republic shall not be liable in cases of improper and/or unauthorized use of the bicycle in accordance with §3.
§10 Customer Liabilities
- Use of services provided by nextbike Czech Republic occurs at the customer’s own The customer takes full responsibility for damages caused by him/herself. The customer is solely responsible for any liability claims resulting from actions or events occurring during the rental period or as a result thereof. Claims made by nextbike Czech Republic liability insurer against a customer remain unaffected.
- If the customer causes damages due to any negligent behavior or the bike is stolen because of such, the customer remains liable according to the costs for material and labor costs or recovery of stolen This maximum amount does not apply in cases in which the customer has caused the damage intentionally or where the customer is proved to be grossly negligent in their actions or if the customer returns the bike outside of the respective operation area (Flex zone or station). In such cases, the amount of liability claims applicable shall be determined by the actual amount and real value of damage incurred.
- The customer shall be made liable for all costs and damages incurred by nextbike Czech Republic due to non-compliance with obligations under these terms and conditions.
- If the bicycle is stolen during the rental period, the customer must report the theft immediately to nextbike.
§11 Customer Obligations in Case of Accident
nextbike Czech Republic must be informed of accidents immediately. In cases of accidents involving not only the user, but also third-party property or other persons, the customer is also obliged to report the incident to the police immediately. Failure to do so on the part of the customer shall result in the customer being liable for damages incurred by nextbike Czech Republic owing to infringement of said obligation.
§12 Use of Customer Cards, an e-ticket or Electronic Employee ID Card
- If the customer uses a customer card issued by a nextbike cooperation partner as access medium, he/she agrees, when using the card for the first time, that nextbike may request all customer data necessary for business processes from the cooperation partner.
- When the validity of the customer card of a cooperating partner has expired, the customer account at nextbike Czech Republic shall be deactivated in cases where no means of payment has been recorded. Upon provision of a valid means of payment, the customer shall be allowed again to use the provider’s services.
- Already received nextbike customer cards remain valid and are not transferable to other
- If the customer card is lost, the customer is required to block the card in their own interest, by calling the provider’s hotline. Replacement of the card may not be possible.
§13 Confidentiality of User Information
- The customer is responsible for preventing unauthorized use of the customer’s user data by third parties. This applies, in particular, to their personalized PIN/password.
- nextbike Czech Republic expressly states that nextbike employees are not authorized to and will never request or ask for the customer password.
- The customer may change the personal data anytime and as often as he/she wants.
- Should the customer have reason to believe that his/her user data has been compromised or misused, they are to inform nextbike Czech Republic of this fact
- The customer may deactivate their customer account by providing written notification to nextbike Czech Republic, Libušina 526/101, Olomouc 779 00, Czech Republic or via Email to email@example.com.
- The credit is non-refundable, has no expiry date and can be used in any city or country.
§14 Misuse and Exclusion
nextbike Czech Republic is entitled, in cases of due reason and in particular in cases of misuse, to cancel customer rights and thereby exclude customers from using nextbike Czech Republic services and bicycles.
§15 Fees, Prices and Cancelations
- nextbike’s calculation of all fees and services shall be charged on the basis of the prices valid at the beginning of each individual use of bicycle. Rental fees are to be taken from the current price list.
- Special rates (e.g. Annual rate) are valid for one bicycle per rental. These are also, in general, valid for and may only be used by the person to which they were specifically issued in accordance with the current price list.
- The Annual subscription is valid for a particular season and its full value is debited The tariff is only valid for one bike. The validity is automatically cancelled after 365 days.
- The monthly subscription is valid for 31 days following the order and its full value is debited The tariff is only valid for one bike, one type of bike and in the city of registration. The minimum contractual period is one month. The tariff will be prolonged automatically if not cancelled before expiration in customers´s application or via Email to firstname.lastname@example.org.
- Cancellation of special rate agreements does not result in the automatic deactivation of a customer account with nextbike Czech Republic. Should the customer wish to deactivate an account, this may be done by providing written notification to nextbike Czech Republic, Libušina 526/101, Olomouc 779 00, Czech Republic or via Email to email@example.com.
§16 Payment and Delayed Payment
- The customer is obligated to pay the billed amounts by means of credit card.
- If the debit is not possible, nextbike can deactivate customer’s account.
§17 Billing, Rental Lists, Refunds
- The provider invoices its customers according to the current rate and price list. Finalized rental processes (including costs and time periods) may be viewed by the customer in their account at www.nextbikeczech.com and in the app. This listing of all completed rental processes does not include items which are extraordinary and cannot be included by the automated system (such as fees, bonuses).
- Debiting of the customer’s account occurs automatically. nextbike Czech Republic does reserve the right, however, to remind the payment by customers either per telephone or in written
- Objections to debited charges must be submitted in writing to nextbike within 14 days of the rental. Customer rights following expiry of the objection period, also in cases of rightful claims, remain unaffected. Any refunds due will be credited to the customer’s account and applied to the next due payment unless otherwise dictated by the customer.
§18 Termination and Deletion of Customer Information
- Both contractual partners may properly terminate the contractual relationship at any The right to extraordinary termination is not affected by this provision. The customer may deactivate their customer account by means of written notification sent to nextbike Czech Republic. Written termination notices are to be sent to: nextbike Czech Republic, Libušina 526/101, Olomouc 779 00, Czech Republic; or via email to firstname.lastname@example.org.
- Special rates (e.g. Annual rate) are linked to specific contractual periods. Conditions for termination of special rates are specified in §15 para. 3. Upon termination of a special rate, the customer card may be returned to nextbike Czech Republic, Libušina 526/101, Olomouc 779 00, Czech Republic.
- nextbike Czech Republic collects, stores and uses customers’ personal data, where it is necessary to fulfil its contractual obligations or the realization of the contract between the customer and nextbike or to fulfil any other legal duty. nextbike Czech Republic is obliged to use this data only in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (hereinafter referred to as ” GDPR “) means any information about an identified or identifiable natural person (ie about the data subject = you).
- nextbike Czech Republic is entitled to disclose information about the customer to investigating authorities and to the necessary extent, in particular the customer’s address, should proceedings be initiated against the customer for a civil or criminal offence.
- For the purpose of payment, the customer’s payment data will be transferred to our payment-partners for verification and accounting of the rental fees. Following the registration process, this data is no longer visible to employees of nextbike Czech Republic.
§20 Further Provisions
All legal relationships between the customer and the nextbike Czech Republic will be governed by Czech law, in particular Act No. 89/2012 Coll., The Civil Code.