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General Terms and Conditions

General Terms and Conditions (GTC) for Bicycle Sharing Systems Operated by nextbike Czech Republic s.r.o.

Effective from April 1, 2024

The following general terms and conditions apply to the use of shared bicycles and electric bicycles (hereinafter referred to as “bicycles”) offered by nextbike Czech Republic s.r.o. Sections § 1 – § 8 of our terms and conditions define the rights and obligations regarding the use and rental of shared bicycles. Sections § 9 – § 19 regulate the business relationship between nextbike Czech Republic s.r.o. as the provider of shared bicycles and its customers.

Definitions

  • Provider: nextbike Czech Republic s.r.o.
  • Customer: A registered user who has created and activated an account with nextbike by linking a payment card. The customer is therefore the person who also owns this payment card.
  • Customer Account: An account created by the customer through the nextbike app or the website www.nextbikeczech.com for the purpose of using nextbike shared bicycles.
  • Registration: The creation of a nextbike account and provision of information necessary to use nextbike shared bicycles.
  • Activation of Customer Account: Occurs by entering valid payment card details and transferring an amount of CZK 50 (in Kladno CZK 300 from October 21, 2023), which serves as a riding credit for the customer. This credit can be used in all countries where nextbike operates.
  • Rental: The period from unlocking the shared bicycle to properly returning and locking the shared bicycle.
  • Start of Rental: The time interval starting with unlocking the bicycle in the app or via nextbike customer service.
  • End of Rental: Occurs by locking the bicycle at an official station or in a flexible zone by pressing the lock lever above the rear wheel, the bicycle’s sound signal, and checking the properly returned bicycle in the app.
  • Parking: A pause during the use of the bicycle (by selecting the parking mode in the app), where the customer can leave the bicycle temporarily locked outside the station. During parking, the rental is still charged until the bicycle is returned to an official station or flexible zone.
  • Return: The end of the rental, performed by the customer by pressing the lock lever above the rear wheel and checking the end of the bicycle rental in the app.
  • Rental Fee: The amount charged to the customer for the given ride.
  • Official Station: A place designated for returning nextbike bicycles, displayed on the app map and website, marked with an inverted drop icon. When clicking on the “drop”, the station number and name are displayed. Otherwise, it is a bicycle returned outside the official station.
  • Flex Zone: An area designated for returning bicycles, displayed on the app map and website as a blue shaded area.
  • Bonus Station: Using a bonus station grants the user a special benefit (e.g., extra riding minutes, extra riding credit, or a free ride).
  • Extra Riding Minutes: Always added to the riding tariff of the respective city when borrowed from a bonus station.
  • Extra Riding Credit: This riding credit, credited to the nextbike user account, is only usable for nextbike bicycle rides and cannot be redeemed for cash.
  • Subsidized Rental: A rental that is free of charge for the end user and financed by another entity. Usually, free rides are subsidized by the city hall (e.g., the first 15 minutes of each ride) or a private entity.
  • Nextbike Subscription: A monthly or yearly subscription, providing the customer with an extra 30 free minutes for each rental.
  • nextbike GmbH: The parent company of nextbike Czech Republic s.r.o., which provides nextbike shared bicycle rentals in Europe.

§1 Authority of General Terms and Conditions (GTC)

nextbike Czech Republic s.r.o. (hereinafter referred to as the “provider”) rents bicycles to registered customers (hereinafter referred to as the “customer”), provided that the products and services are available. Rental is possible either by phone or through the nextbike app for smartphones supporting iOS, Android, Windows, or Huawei. Any agreements made verbally between the parties that differ from these GTC must be approved and confirmed in writing by the provider. The general terms and conditions apply to the operation of nextbike in the Czech Republic. For nextbike systems in other countries, the conditions of local providers apply.

§2 Registration and Confirmation

The registration application (“application”) is possible either through the nextbike app for smartphones supporting iOS, Android, Windows, or Huawei, or online at www.nextbikeczech.com. To become a registered customer, the applicant must be at least 18 years old at the time of approval. During the application process, the provider is authorized to use the payment partner Adyen to verify the applicant’s payment capability. Upon registration, the applicant receives a personal identification number (PIN) to log in to the app via smartphone and on www.nextbikeczech.com. After successful registration, the customer can rent bicycles from the provider and other nextbike bicycles worldwide. A list of their locations is available at www.nextbikeczech.com. If a customer wishes to rent bicycles from a different country or city than the one in which they registered, they will be asked to agree to local rates and GTC. A valid payment method must be provided during registration before the rental period. To verify the validity of the payment card, the customer verifies their nextbike account with an amount of CZK 50 (in Kladno CZK 300 from October 21, 2023). This amount is then converted into riding credit, which can be applied to rentals at all tariff levels and in all countries where nextbike operates. The credit does not expire and is non-refundable. The customer is obliged to immediately inform the provider of any changes to their personal data during the business relationship via email at servis@nextbikeczech.com.

§3 Terms of Use

The nextbike bicycle sharing system must not be used:

  • By persons under 18 years of age.
  • For transporting more than one person at a time, especially small children. (basket, rear cover of the bicycle)
  • For trips outside the territory of the Czech Republic without the provider’s written consent.
  • For renting to third parties for a fee.
  • By individuals under the influence of alcohol or drugs. If the customer discovers any defect in the bicycle during the mandatory inspection before the ride, they are obliged to inform the provider during customer service hours (Monday – Friday 9:00-17:00) at +420581652047, or outside customer service hours through the feedback function in the app or via email (servis@nextbikeczech.com). If bicycles are used in adverse weather conditions (e.g., strong wind, rainy weather, stormy weather, ice, snow), their use under these conditions is at the customer’s own risk, and nextbike recommends that the user does not use the bicycle at all. The customer is obliged to comply with all road and traffic laws and regulations valid in the Czech Republic. It is forbidden to ride bicycles without holding the handlebars. It is forbidden to misuse the bicycle basket or overload it (maximum allowable load is 5 kg). The customer is obliged to ensure that transported items are properly secured at all times. It is not allowed to transport live animals in the basket. The provider is not responsible for any damage to transported items. Similarly, the provider is not responsible for any damage caused by transported items. It is forbidden to use the shared bicycle in a way that could lead to its damage, such as riding down stairs or riding on unsuitable terrain (fields, forests, etc.). Unauthorized modifications or changes to the bicycle are not allowed. If unauthorized or inappropriate use of the bicycle or nextbike station is detected, the provider is entitled to terminate the business relationship, block the customer’s ability to rent shared bicycles, and demand financial compensation. The customer may allow another person over 18 years of age to use the bicycle. In such a case, the customer is responsible for the actions of that person as if they had rented the bicycle themselves and is obliged to ensure that the person follows all customer instructions contained in these GTC. In case of violation of this obligation, nextbike is not responsible for any damage caused by these third parties. For any damage caused to nextbike property, the customer who confirmed the bicycle rental is liable. The customer confirms that they have read the nextbike rules (https://www.nextbikeczech.com/nextbikove-desatero/) and will follow them.

§4 Rental Restrictions

Returning the bicycle is only possible within the city where the rental began. This does not apply to the possibility of traveling between cities:

  • Nový Jičín and Kopřivnice
  • Ostrava and Frýdek-Místek
  • Ostrava, Ludgeřovice and Hlučín
  • Votice and Olbramovice
  • Prague and Říčany
  • Beroun, Zdice, Králův Dvůr, Hýskov, and Tetín. Unless otherwise agreed, each customer can rent up to four bicycles on one nextbike account simultaneously, with each bicycle counting as one rental. If the user rents multiple bicycles on one account simultaneously and subsidized rides are active in the rental city, these subsidized rides apply to up to four rented bicycles simultaneously (e.g., 15 minutes of free riding thanks to city support). The rule stipulated in §4 point 2 does not apply to Multisport and Lítačka benefits, nextbike subscription, and in the case of bicycle sharing operation in the city of Brno, where the subsidized rental applies to only one bicycle. A maximum of 20 rentals can be made within a 24-hour period. After using free minutes (e.g., 15 minutes of free riding thanks to city support), this benefit can be reapplied only after 10 minutes from the end of the rental; otherwise, the rental is charged at the regular rate of the respective city.

§5 Rental Period

The charged rental period begins with the unlocking of the selected bicycle in the app. The customer is obliged to confirm the end of the rental period according to § 8. After confirming the end of the rental, the rental fee to be billed will be charged. The official end of the rental period must be confirmed by locking the bicycle and checking the end of the rental in the app. Nextbike customer service must be immediately informed in case of a problem with locking the bicycle. During customer service hours (Monday – Friday 9:00-17:00), inform us via the service line at +420581652047 so that the problem can be resolved immediately (it is necessary for the customer to call while standing by the bicycle), or outside working hours, immediately via feedback in the app or email (servis@nextbikeczech.com).

§6 Bicycle Rental Conditions

The customer must familiarize themselves with the conditions and proper use of the rented bicycle before starting the rental. How to use the bicycle Before starting the rental, it is always necessary to check the condition of the bicycle, especially to test the proper functionality of the brakes. Any problem must be reported immediately:

  • By calling the customer service line (Monday – Friday, 9:00-17:00) at +420581652047,
  • Outside customer service hours, via feedback in the app, which the user can find in the main menu of the app under “Need Help?”. The customer can then rent another bicycle. When using the bicycle, it is necessary to follow the rules of the road and other traffic laws and regulations valid in the Czech Republic. All bicycles are equipped with front and rear lights, including reflectors. The lights turn on automatically at the start of the rental. After the rental ends, they automatically turn off after a few minutes, so there is no need to control them manually. The bicycles are also equipped with reflective strips on the rims and the sides of the pedals. All bicycles have a bell on the left handlebar, which is operated manually by turning it away and towards oneself. The bicycles have front and rear lever brakes. The levers are situated on the handlebars, with the front brake operated on the left side and the rear on the right side. Both brakes should be used evenly. The front brake should be used gently, as sudden squeezing can result in a sudden stop that the rider may not be able to react to. Similarly, excessive use of the rear brake, which has significantly lower effectiveness, can lead to the bicycle skidding. The front brake should also not be used when turning, as this could cause the bicycle to slip. When shifting gears (which can be found on the right handlebar), it is always necessary to stop pedaling or reduce intensity. On flat ground, this moment occurs smoothly; in the case of a steep hill, it is necessary to shift gears before starting the ascent to avoid shifting on the hill. The customer is obliged to check that the bicycle is free of defects before use. If the customer discovers technical defects or deficiencies at the beginning or during the rental period, they must immediately inform the provider’s customer service via the customer service line, available Monday to Friday from 9:00-17:00 at +420581652047. Outside customer service hours, they should write via feedback in the app or email (servis@nextbikeczech.com) and, if necessary, terminate the bicycle rental.

§7 Parking of Rented Bicycles

If the customer decides to temporarily interrupt the ride, they must park the bicycle (rental charging in parking mode continues). The parking mode can be selected in the app in the details of the active rental, where the parking option is found on the toolbar. The parking mode must be confirmed and then the bicycle locked. When the customer wants to continue riding, they cancel the parking mode, the bicycle unlocks, and the customer returns it to one of the official stations or flexible zones. When parking, the customer must comply with traffic regulations. They must also ensure that during parking, the bicycle does not obstruct traffic safety, verify that the bicycle is not an obstacle to other vehicles, and that it does not cause damage to third parties or their property. In particular, it is not allowed to park rented bicycles permanently or temporarily:

  • Near traffic lights
  • Near parking meters or parking ticket machines
  • Near traffic signs
  • On sidewalks that are then reduced to less than 1.50 m in width
  • In front of, inside, or near emergency exits and fire department service zones
  • If the bicycle covers local advertisements
  • At train and bus platforms
  • Inside buildings and courtyards
  • On pathways adapted for the visually impaired
  • Near or in front of mailboxes
  • In front of doors, gates, or within their swing range
  • On driveways or in front of them The rented bicycle must be properly locked when not in use, even if the customer leaves it briefly. More information on how to lock the bicycle can be found on our website or online on YouTube. The customer must not park bicycles permanently in parks, gardens, or other privately-owned areas. The customer is allowed to temporarily park bicycles in privately-owned areas only if they have permission from a person authorized to grant such permission. Failure to comply will result in the charging of fees according to the price list. The customer is also liable for any official fines or claims from third parties that were damaged due to non-compliance with these regulations or legal provisions.

§8 Debt Collection and Penalties

Debt Collection: If the customer fails to pay penalties or other due amounts associated with the use of the provider’s services in accordance with these General Terms and Conditions, the provider reserves the right to actively collect these debts. This includes, but is not limited to, the use of internal collection processes, legal actions, or the services of third parties specializing in debt collection. Contractual Penalty for Late Payments: In the event of late payment of penalties or other due amounts, the customer will be charged a contractual penalty of 0.1% of the due amount for each day of delay, starting from the day following the due date until the full payment of the debt. Notification of Unpaid Amounts: The provider undertakes to inform the customer of any unpaid amounts and provide the customer with a reasonable period to settle these due amounts before initiating the collection process. Right to Defense: The customer has the right to inform the provider of any discrepancies or unjust penalties within the specified period. The provider undertakes to duly consider all such objections and act responsibly to achieve a fair resolution. Record of Unpaid Amounts: The provider reserves the right to record all unpaid amounts and related penalties in the customer’s accounts until they are fully settled. Further Measures: If the due amount remains unpaid even after the specified period, the provider reserves the right to take further steps, including, but not limited to, suspending or terminating the provider’s services for the affected customer.

§9 Returning Bicycles

Returning rented bicycles is allowed only to predefined locations, which are shown on the map in the app and on our website (https://www.nextbikeczech.com/mesta/). After selecting the respective city, stations marked with “drops” with the station number and name can be found on the map. Exceptions apply to specific locations where bicycles can be returned to a flex zone. The customer is obliged to check the correct placement of the bicycle in the station in the app. The bicycle must be returned so that it is clearly visible at one of the locations published online at www.nextbikeczech.com (or in the nextbike app) and locked using the lock lever above the rear wheel, thereby confirming the end of the rental and providing the provider with information about the rental period and the exact return location (station number or GPS coordinates). Returning bicycles to a prohibition zone, which is shown in the nextbike app or on the website nextbikeczech.com, is strictly prohibited. To end the rental, the lever on the lock above the rear wheel must be mechanically pressed, thereby ending the rental. This is automatically reflected in the nextbike app. The customer is obliged to check in the app under “My Rentals” (or on the website after logging into the account and in the transaction history) whether this has been done, and if they see that the rental has not been ended, they must immediately inform the operator. During customer service hours (Monday – Friday 9:00-17:00), inform us via the service line at +420581652047 so that the problem can be resolved immediately (the customer needs to call while standing by the bicycle), or outside working hours immediately via feedback in the app or email (servis@nextbikeczech.com). The customer must be able to provide this information to the provider upon request for 48 hours from the rental period. If the customer does not return the bicycle to the defined area as described in paragraphs 1 to 3, provides false information, or fails to request the return of the bicycle, a service fee will be charged according to the current price list. In the cities of Beroun and Kladno, if a free charging dock is available, the bicycle must be placed in the dock and then locked with the lock lever. If the customer receives a notification about an improperly locked bicycle, they must call the customer service line or, if unavailable, inform via the app.

§10 Obligations of nextbike Czech Republic s.r.o.

The provider is responsible for defects in the bikes that have been reported to it and have not been rectified. In the event that a customer uses a bike that is visibly damaged or has any functional limitation, the provider is not liable for any damages resulting from the use of such a bike. The customer is required to inspect the bike, including its functionality, before use. The provider is not liable for damages to items transported during the rental, whether using the bike’s basket or mobile phone holder. The use of bikes for transporting items is done at the customer’s own risk. The provider is not responsible for cases of incorrect and/or unauthorized use of the bike according to §3.

§11 Customer Obligations

The use of the provider’s services is at the customer’s own risk. The customer assumes full responsibility for any damages they cause. The customer is solely responsible for liability claims arising from actions or events that occurred during the rental period or as a result of it. Liability claims from the provider’s insurer against the customer remain unaffected.

If the customer causes any damage to the provider due to actions contrary to their obligations under these GTC or contrary to the purpose of the rental, including the theft of the bike due to actions contrary to the GTC, the customer is obliged to compensate the provider for the damage, particularly the costs necessary for repair. The customer is responsible for all costs and damages incurred by the provider due to the customer’s failure to comply with these conditions. The customer is considered the registered user who has an active account verified by a payment card. Therefore, the customer is the person who is also the holder of this payment card.

If the bike is stolen during the rental period, the customer must immediately report the theft to the provider via the customer service line, which is available Monday to Friday from 9:00 to 17:00 at +420581652047, or outside customer service hours via email at servis@nextbikeczech.com and also report it to the Police of the Czech Republic.

§12 Customer Obligations in the Event of an Accident

The provider must be immediately informed of any accidents. In cases of accidents involving not only the user but also third-party property or other persons, the customer is required to report the incident to the police immediately. If the customer fails to do so, they will be liable for damages incurred by the provider due to this breach of obligation.

§13 Use of Customer Card, Electronic Ticket, or Electronic ID Card

If the customer uses a customer card issued by a partner for additional cooperation as an access medium, they agree that the provider may request additional customer information necessary for the business purposes of the cooperating partner during the first use of the card. If the validity of the cooperating partner’s customer card has expired, the provider’s customer account will be deactivated in cases where no payment means have been recorded. Upon providing a valid payment means, the customer is allowed to use the provider’s services again. Already accepted nextbike customer cards remain valid and are not transferable to other parties. In case of loss of the customer card, the customer is required to block the card in their own interest via the customer service line. Replacement of the card may not be possible.

§14 Confidentiality of User Information

The customer is responsible for preventing unauthorized use of their user data by third parties. This applies especially to the personalized PIN/password. The provider explicitly states that nextbike employees are not authorized and will never ask for the customer’s password. The customer can change personal data at any time and as often as they wish. If the customer has reason to believe that their user data has been compromised or misused, they must immediately inform the provider. The customer can deactivate their customer account by written notification to the provider at Libušina 526/101, Olomouc 779 00, Czech Republic, or via email at servis@nextbikeczech.com.

§15 Misuse and Exclusion

The provider has the right to cancel customer rights and thus prevent the use of its bikes and services in the event of a valid reason, especially in cases of misuse.

§16 Fees, Prices, and Calculations

The calculation of all fees and services will be based on the prices valid at the beginning of each individual use of the bike. Rental fees are governed by the current price list. Free minutes that the customer has in their account are used to charge the fare. Additional fees (unlocked bike, bike returned outside the station, etc.) are governed by the current price list. Nextbike subscription applies to the rental of one bike. These are generally valid and can only be used by the person to whom they were specially issued in accordance with the current price list. Annual subscription is valid for the riding season and is charged in full immediately. Annual subscription applies only to one bike. The validity is automatically extended unless the customer cancels the subscription in their app, on their account on the website www.nextbikeczech.com, or by request sent to the email servis@nextbikeczech.com. Monthly subscription is valid for 31 days from the order and is charged in full immediately. This subscription applies only to one bike and the specific type of bike. The validity of the subscription is automatically extended unless the customer cancels the tariff in their app, on their account on the website www.nextbikeczech.com, or by request sent to the email servis@nextbikeczech.com. If the customer does not cancel the automatic renewal before the actual renewal, it is possible to request the cancellation of the unused subscription from customer service. The amount for this subscription is credited to the riding credit. In the case of a charge from the payment card, it is possible to return the amount to the payment card at the customer’s request with a fee of 50 CZK for the reverse debit transaction. The cancellation of a special rate contract does not result in the automatic deactivation of the customer’s account with the provider. If the customer wants to deactivate the account, this is done by written notification to nextbike Czech Republic s.r.o., Libušina 526/101, Olomouc 779 00, Czech Republic, or via email at servis@nextbikeczech.com. Credit is non-refundable (cannot be paid out to the payment card), does not expire, and can be used in any city or country where nextbike GmbH operates its service. If the customer cancels the account in the app, this account is automatically deleted only if there is a zero or positive balance (the credit is non-refundable, thus forfeiting upon deletion). If there is an outstanding amount on the account, it must first be paid, and then the account can be deleted.

§17 Payment and Delayed Payment

The customer pays the billed amounts by the payment card linked to their nextbike account. If it is not possible to charge the billed amounts, the provider has the right to deactivate the customer’s nextbike account. To activate the account, it is necessary to re-verify the payment card with an amount of 50 CZK (in Kladno 300 CZK valid from October 21, 2023), which will then be converted to riding credit. In the case of a higher outstanding amount than 50 CZK, the corresponding amount will be deducted.

§18 Billing and Compensation

The provider invoices all fees to its customers according to the current rate and price list. Completed rental processes (including costs and time periods) can be viewed by the customer in their account at www.nextbikeczech.com and in the app. This list of all completed rental processes does not include items that are extraordinary and cannot be included in the automated system (e.g., bonuses or service fees). The customer’s account is automatically debited based on the outstanding amount. Any complaints regarding billed charges must be sent to the provider within 14 days of the billing date via feedback in the app or email (servis@nextbikeczech.com). Any due compensations will be credited to the customer’s nextbike account and applied to the next nextbike ride payment, unless the customer specifies otherwise.

§19 Disputes between the Provider and the Customer

Disputes between the provider and the customer are resolved by the competent general courts according to the Civil Procedure Code. The provider will primarily seek an out-of-court settlement of disputes with the customer. The provider informs the customer – consumer that the entity competent for out-of-court dispute resolution in the event of consumer disputes arising from service contracts, or the entity for handling complaints, is the Czech Trade Inspection Authority, ID: 000 20 869, with its registered office at Štěpánská 44, 110 00 Prague 1, established by Act No. 64/1986 Coll. on the Czech Trade Inspection, website: https://www.coi.cz/, to which the customer can address through the e-submission form on the Czech Trade Inspection’s website. More information on out-of-court dispute resolution is available on the website https://www.coi.cz/informace-o-adr/. It is also possible to resolve disputes between the provider and the customer online through the designated ODR platform – see the website http://ec.europa.eu/consumers/odr.

§20 Termination and Deletion of Customer Information

Both contractual partners can terminate the contractual relationship at any time. The right to extraordinary termination is not affected by this provision. The customer can deactivate the customer account by written notification sent to the provider or by electronic termination of the contract sent to the email servis@nextbikeczech.com. Account deactivation can only be done if there is no outstanding amount on the account. After the termination of a special rate, the customer card can be returned to the provider at the address nextbike Czech Republic s.r.o., Libušina 526/101, Olomouc 779 00, Czech Republic.

§21 Privacy Policy

The provider collects, stores, and uses customers’ personal data. If it is necessary to fulfill contractual obligations, conclude a contract between the customer and the provider, or fulfill any other legal obligation of the provider, it is required to use this data only in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), meaning any information relating to an identified or identifiable natural person (i.e., the data subject = you). The provider is authorized to disclose customer information to investigating authorities, including the customer’s address, if proceedings are initiated against the customer for a civil or criminal offense. For payment purposes, the customer’s payment data will be transferred to our payment partners for verification and rental fee settlement. After the registration process, these data are no longer visible to the provider’s employees. Further information regarding the use, management, and processing of personal data may be provided in our Privacy Policy.

§22 Other Provisions

All legal relationships between the customer and the provider are governed by Czech law, particularly Act No. 89/2012 Coll., the Civil Code. The provider is not obliged to compensate the customer for any damages caused by a non-functional application or the unavailability of bikes at the station, either financially or in any other form.

Customer Service:

+420581652047 (Monday – Friday 9:00-17:00)

Email: servis@nextbikeczech.com

Web: www.nextbikeczech.com