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When registering, the client agrees to automatic re-payments which occur when her/his credit balance is in minus. The automatic re-payment and automatic balancing of a client’s account happen every day around midnight CET in maximum amount of 500 CZK.

The automatic re-payment is active for period of 2 years since registration of the user and it is possible to cancel by contacting the customer service line through email that user receives upon every notification of such re-payments.

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GENERAL TERMS AND CONDITIONS

for the system of shared electric bikes: Freebike

1. General Provisions

1.1. These General Terms and Conditions (GTC) govern the mutual rights, obligations and principles of a contractual relationship based on a Vehicle Rental Agreement (hereinafter referred to as the "AGREEMENT") between the CLIENT and Freebike s.r.o. (hereinafter referred to as the "COMPANY") located at Křižíkova 237/36A, 186 00 Prague 8, company identification number: 27143503, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 99560. Client means a natural person who has entered into a subscription agreement with the COMPANY (hereinafter referred to as the "CLIENT"). The COMPANY communicates with the CLIENT and rents him / her a bicycle with an alternative electric motor via the system of shared bikes called Freebike (hereinafter referred to as the "SYSTEM").

1.2. The relevant AGREEMENT between the COMPANY and the CLIENT is entered into at the moment of the takeover of the bike by the CLIENT registered in the SYSTEM in the manner described in these GTC..

1.3. The station of the bike SYSTEM is an automated dispensing and receiving device in which bicycles are locked. A station is also defined as any place where the SYSTEM allows parking of the bikes in the station or in ZONES with the possibility of parking the bikes.

1.4. The ZONE means a clearly defined area. There are two types of ZONES; a red one and others

  • The red ZONE is an area where the bike can be used to ride and returned only to a station.
  • Other areas are ZONES where the bike can be used to ride and returned outside of a station.

2. Basic conditions

2.1. The CLIENT is entitled to temporary use of, under conditions defined in these GTC and for a fee defined in the pricelist which forms an integral part of these GTC, the bicycles Freebike owned and operated by the COMPANY. A bicycle (hereinafter referred to as the "BIKE") means a bicycle Freebike with an alternative electric motor prepared by the COMPANY in a rack or other suitable location (virtual stations or bicycle parking zones) for a CLIENT’s rental.

3. CLIENT’s user account

3.1. The communication between the CLIENT and the SYSTEM takes place via a mobile application, a client card or a web page, by means of the CLIENT'S number that is used as a login and which the CLIENT receives when registering.

3.2. The COMPANY identifies the CLIENT through his / her number (login) and a PIN. It is recommended to keep the PIN secret. Login and PIN together form the CLIENT’s login information. All responsibility for the misuse of login information is borne by the CLIENT. The CLIENT is obliged to inform the COMPANY of any potential loss or misuse of the login information so that the login information may be blocked. The CLIENT may change the PIN at any time via the system's website at www.freebikeprague.com

4. Operation of the system

4.1. The bike is rented and returned through the SYSTEM. The CLIENT can find rental and return locations in the Freebike application or on the SYSTEM's website.

4.2. The moment of the takeover (beginning of the rental) is the removal of the bike from the appropriate lock of any station of the SYSTEM, unlocking of the bike via a mobile application, or use of a client card, which makes the CLIENT log into the system.

4.3. The moment of the return of the bike (termination of the rental) means the insertion of the bike into a free lock at any station of the SYSTEM or locking of the bike through the functionality of the bike, mobile application or client card. The CLIENT must make sure that the bike is properly locked (the check is carried out via the mobile application or the color signalization on the bike).

4.4. The return of the bike (termination of the rental) muse be done in publicly accessible location. If the CLIENT fails to do, he/she will be charged according to the pricelist.

4.5. The minimum and maximum rental period is not fixed, the rental fee is charged according to the respective pricelist depending on the chosen rate, and for every minute commenced.

4.6. The CLIENT may suspend his / her rental via the application; the maximum period of the rental suspension depends on the type of rate.

4.7. The CLIENT is obliged to return the bicycle properly at the end of the rental, taking into account the type of zone in which he / she is located. In a red zone, the bike can only be returned at designated virtual stations. In other zones, the bike can be returned to virtual stations, as well as, outside of them. Parking outside the stations is charged according to the valid pricelist.

4.8. Bike season is the period for which the company operates the system and guarantees its full functionality. The COMPANY reserves the right to extend or shorten the bike season, i.e. the system's operating time in the given year.

5. Payment for the use of the bike

5.1. The CLIENT agrees to pay the COMPANY for the rental of the bike a fee according to the pricelist. Payment of the fee is made by subtracting the amount from CLIENT'S CREDIT. CREDIT is the amount the CLIENT pays to the COMPANY and which is reduced by individual payments for the rentals of a bike. In cases, where the amount owed exceeds the real current CREDIT amount, and the CLIENT did not balance the owed amount on his / her own, system will automatically make an automatic re-payment

5.1.1. When registering, the client agrees to automatic re-payments which occur when her/his credit balance is in minus. The automatic re-payment and automatic balancing of the users account happens every day around midnight CET in maximum amount of 500 CZK.

5.1.2. The automatic re-payment is active for period of 2 years since registration of the user and it is possible to cancel by contacting the customer service line thru email that user recieves upon every notification of such re-payments.

5.2. The CLIENT is entitled to terminate his / her participation in the SYSTEM at any time. The CLIENT terminates his / her participation in the SYSTEM by sending a written notice of termination to the COMPANY by email or to the COMPANY's postal address.

5.3. The CLIENT has the possibility to request the return of the unused CREDIT upon termination of his / her participation in the SYSTEM. This service is charged according to the pricelist. After all of the COMPANY claims against the CLIENT have been settled, the unused CREDIT will be returned to the CLIENT. The unused CREDIT, from which the fee for the return of the CREDIT will be deducted, can be paid back to the CLIENT only via a non-cash national bank transfer.

5.4. The COMPANY is entitled to exclude the CLIENT from the system and to terminate therefore his / her authorization to use the SYSTEM for the following reasons:

  • Failure to comply with the basic terms and conditions of using the system defined in these GTC.
  • Violation of the general traffic regulations governed by Act No. 361/2000 Sb, to regulate the road traffic.
  • Due to proven harm to the COMPANY's name while using the shared bikes Freebike.
  • If an amount owed is not paid.

6. Basic rules for use

6.1. The CLIENT may only be a person over 16 years of age.

6.2. A CLIENT older than 18 years may allow a person under the age of 16 to use the SYSTEM by, for example, providing his / her login information (LOGIN + PIN) or by providing means of payment, etc., but he / she assumes all responsibility for such a person.

6.3. A CLIENT older than 18 years can rent a maximum of bikes according valid and actual price list. In such a case, the CLIENT is responsible for all the bikes as if he / she had rented and used them himself / herself.

6.4. Every CLIENT uses the bike at his /her own risk. The CLIENT is obliged to check visually the technical condition of the bike before the beginning of the rental, and to check the following components in particular, immediately after taking over of the bicycle:

  • the front and rear brake functionality
  • tightening of the wheels in the centers
  • tightening of the center (the center must not be loose)
  • tightening of the headset
  • operability of the handlebars and seat
  • condition of the wheels and tires

6.5. If the CLIENT detects a defect in the technical condition, he / she is obliged to inform the COMPANY by email or via the defect reporting function in the Freebike mobile application and to return the bike immediately. The CLIENT is not entitled to modify, repair, change any parts by himself / herself or otherwise interfere with the bike.

6.6. The CLIENT agrees to take proper care of the bike and to use it with due managerial care so as not to cause any damage or excessive wear to the bike. Throughout the rental period, the CLIENT is fully responsible for damage incurred on a bike and for damage to health and property to third parties caused by the use of the bike, regardless of whether the bike has been used by himself / herself or has left its use to another person. In the event of loss or complete destruction of the bike, the CLIENT shall pay its full price, and in the case of damage, the cost of its restoration. The COMPANY is not liable for any damage that may incur to the CLIENT in connection with the use of the bike.

6.7. The CLIENT is obliged to secure the bike in a way to prevent its misuse, theft or damage. The CLIENT agrees not to leave the bike at places where the theft of the bike or the violation of the rights of third parties (e.g. parking the bicycle where it is forbidden) may be expected.

6.8. The CLIENT agrees not to leave the bike at places where it would become an obstacle, especially at busy places where collision with the guiding elements for the blind, with pedestrians and other participants of the traffic might occur, or at places of cultural or other value.

6.9. The CLIENT agrees to immediately inform the COMPANY of theft or any attempted theft of the bike or to notify the Police of the Czech Republic of this fact, which is also subject to immediate notification to the COMPANY.

6.10. If any breach or neglect of the CLIENT's obligations under the Agreement or the GTC (in particular, failure to lock the bike, leaving the bike at an unsuitable place, etc.), leads to damage to the bike or other damage, the CLIENT agrees to compensate the COMPANY for the damage incurred.

7. Penalties

7.1. If the CLIENT

  • uses the bike in any way that is not compliant to the rules of the SYSTEM,
  • does not sufficiently secure the bike against misuse, theft or damage, then the COMPANY is entitled to require from the CLIENT a contractual penalty up to the amount specified in the pricelist for each such case. This is without prejudice to the CLIENT's obligation to compensate any damage that may occur to the COMPANY.

7.2. If the CLIENT himself / herself causes damage to the bike, he / she is obliged to report this fact immediately to the COMPANY and to compensate the COMPANY for the damage that shall arise on the bike. The amount of damages shall be determined on the basis of an expert opinion with respect to the current pricelist of spare parts.

7.3. The CLIENT agrees to pay all sanctions inflicted by competent authorities of the police, state administration or self-government in connection with the use of the bike if it was used in violation of applicable legal regulations. If a penalty is imposed as a result of the CLIENT's use of the bike or in connection with a breach of the CLIENT's obligations under these GTC (or the AGREEMENT) directly to the COMPANY, the COMPANY is entitled to require from the CLIENT to pay a compensation for the sanction paid and to charge him / her all costs incurred by the COMPANY for the payment of such a sanction.

8. Termination of the AGREEMENT

8.1. The AGREEMENT may be terminated upon mutual agreement, by either party

8.1.1. The CLIENT shall deliver the notice of termination to the COMPANY in accordance with Section 5.2. of these GTC and in accordance with the rules for delivery to the address for service specified in these GTC. The required notice period is 30 calendar days from the date of receipt. The termination by the CLIENT does not have a suspensory effect on the maturity of the CLIENT's obligations. .

8.1.2. The COMPANY may terminate the AGREEMENT in compliance with the point 5.4. or 12.9. of these GTC; in which case, the contractual relationship ceases to exist on the day of the notice of termination.

8.1.3. The COMPANY may terminate the AGREEMENT also in a situation when the CLIENT refuses to agree with automatic re-payment function. Under such condition the COMPANY is unable to charge any occurring due payments.

9. Complaints

9.1. In the event that the CLIENT believes that the COMPANY has not complied with any of its obligations, he/she may submit his/her complaint to the COMPANY.

9.2. The complaint can be sent via e-mail to the contact email specified in these GTC. The CLIENT will provide his/her name, surname, login (see point 3.1 of these GTC), his/her domestic bank account number, the grounds for the complaint including a description of the event and possibly also the bike identification number. The complaint can also be made in person at any of the COMPANY's places of business. In such case, minutes shall be drawn up about such complaint submission, containing the CLIENT´s contact email address. Depending on the nature of the matter, the claim shall be decided as soon as possible, but no later than thirty days.

9.3. Complaints must be filed within ten calendar days of the claimed event, or of the day of the provision of the service. Later complaints shall not be considered.

9.4. Making a complaint has no suspensory effect on the maturity of the CLIENT's obligations.

9.5. The CLIENT shall be informed about the result of the complaint procedure by email.

9.6. If the COMPANY validates the complaint, it shall be resolved by returning the CREDIT to the CLIENT. If, at the time of returning the CREDIT due to an accepted complaint, the AGREEMENT between the COMPANY and the CLIENT has already been terminated, the returned CREDIT can only be remitted to the CLIENT by a non-cash national bank transfer.

10. Traffic regulations

10.1. The CLIENT is obliged to use the bike for riding on the roads where such riding is authorized.

10.2. The CLIENT is obliged to comply with the traffic regulations while riding the bike. As a road user, he / she is obliged to comply with the relevant valid and effective legislation governing road traffic, in particular but not limited to the Act No. 361/2000 Sb, to regulate Road Traffic, as amended (hereinafter referred to as the "ACT"). In the event of repeated breach of traffic regulations or the law, the COMPANY is authorized to sanction such behavior or to remove the user from the system.

10.3. A CLIENT under the age of 18 is legally obliged to use a safety helmet approved in accordance with applicable legislation while driving and to have it properly attached on his / her head.

10.4. The CLIENT is not entitled to ride a bike immediately after drinking alcohol or using any other addictive substance, or at such time after drinking alcohol or using any other addictive substance where he / she could still be impaired by alcohol or other addictive substance. The CLIENT agrees to refrain from riding a bike if his / her medical or physical condition reduces his / her ability to safely and properly use the bike.

10.5. If the CLIENT becomes a participant in a traffic accident, he / she is obliged to immediately inform the COMPANY by email. Furthermore, the CLIENT is obliged to provide the COMPANY with all necessary cooperation in the handling of all administrative tasks connected with the settlement of the insured event. Any damage incurred to third parties is paid by the CLIENT in accordance with applicable legal regulations and the extent of his / her fault. Any damage for any reason not covered by insurance is to be paid by the CLIENT to the COMPANY within the specified extent of the necessary repair or replacement costs.

11. Personal Data Protection

11.1. The CLIENT acknowledges that, in connection with the establishment of the contractual relationship between the CLIENT and the COMPANY and subsequently in the context of the exercise and realization of the rights and obligations under this relationship, the processing of the CLIENT’s personal data occurs, such as his / her identification data (name, last name and date of birth), contact details (phone number, email address and permanent address), payment information (card payment method information, and information about his / her orders history), information about the location of the bike upon its takeover and return, date of registration and details of the phone number verification. These personal data are processed for the duration of the contractual relationship.

11.2. The COMPANY will handle the CLIENT's personal data in accordance with applicable and effective data protection laws (including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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).

12. Joint and Final Provisions

12.1. The CLIENT acknowledges that as a consumer he / she is entitled to make a proposal for the opening of an out-of-court dispute under the AGREEMENT by means of an email address placed on the website of the Czech Trade Inspection Authority www.coi.cz which is also pursuant to Consumers protection Act No. 634/1992 Sb., the competent body for out-of-court settlement of consumer disputes.

12.2. Alternatively, the online dispute resolution platform operated by the European Commission at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS can also be used to submit an out-of-court dispute settlement proposal under the AGREEMENT concluded "online" on the website. Other ways of resolving the dispute are not affected by the existence of these out-of-court ways.

12.3. Relationships not governed by these GTC and the AGREEMENT are governed by Act No. 89/2012 Sb., The Civil Code, as amended.

12.4. These GTC are effective from the 1st of April 2019.

12.5. Any potential changes and additions to the GTC will be announced by the COMPANY on their website and in the Freebike application in the "News" section at least 14 days before their effectiveness.

12.6. COMPANY is entitled to change the GTC unilaterally, with the CLIENT accepting this change by first rental of a bike after the modified GTC being placed on the website www.freebikeprague.com

12.7. European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 (EC) on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

12.8. By his / her registration to the SYSTEM the CLIENT expresses his / her consent to these GTC. The GTC govern each AGREEMENT entered into and every single bike rental.

The contractual relationship between the CLIENT and the COMPANY is terminated if the CLIENT does not use the SYSTEM (which means a takeover and a return of the bike) or does not increase his / her CREDIT for more than one year. The claims of the COMPANY against the CLIENT are maintained even after the termination of the contractual relationship. If a contractual relationship ceases to exist for any reason other than a written request, the undrawn CREDIT shall be subject to the termination of the contractual relationship of the COMPANY as a CLIENT withdrawal fee from the system.

12.10. If any provision of these GTC is invalid or ineffective, or becomes invalid, the invalid provision will be replaced by a provision, whose meaning is as close as possible to the invalid one. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.

12.11. Contact details of the seller: Delivery address Freebike s.r.o., Křižíkova 237 / 36A 186 00 Prague 8, email address infoprague@freebike.com, phone +420 212 242 292.

Appendix I: PRICE LIST

for the system of shared electric bikes: Freebike

1. Introductory provisions

1.1. This price list is an attachment of the General Terms and Conditions (GTC) and indicates prices for using the system including fees charged when violating terms and conditions.

1.2. All prices are in Czech Koruna (CZK) incl. VAT.

2.Tariffs

The CLIENT is entitled to temporary use of, under conditions defined in GTC, and for a fee, the bicycles Freebike. The fee for using the system differs based on a type of selected tariff

Tariff: Minute tariff
Ebike 2CZK/min
pedal bike till 10min free, after 1CZK/min
Pause rental
0.50CZK/min

Max pause rental 120min

If more, 200CZK fee
Parking out of station
Red zone forbidden
Other areas fee is 25CZK
Parking at a station is free

Tariff: 365 days
ebike till 15min free, after 2,- CZK/min.
pedal bike till 30min free, after 1CZK/min
Pause rental
0.50CZK/min

Max pause rental 120min

If more, 200CZK fee
Parking out of station
Red zone forbidden
Other areas fee is 25CZK
Parking at a station is free

Tariff: 31 days
ebike till 15min free, after 2,- CZK/min.
pedal bike till 30min free, after 1CZK/min
Pause rental
0.50CZK/min

Max pause rental 120min

If more, 200CZK fee
Parking out of station
Red zone forbidden
Other areas fee is 25CZK
Parking at a station is free

Tariff: Couples 365 days
ebike till 15min free, after 2,- CZK/min.
pedal bike till 30min free, after 1CZK/min
Pause rental
0.50CZK/min

Max pause rental 120min

If more, 200CZK fee
Parking out of station
Red zone forbidden
Other areas fee is 25CZK
Parking at a station is free

Tariff: Nonstop 24h
ebike all rentals for free
pedal bike all rentals for free
Pause rental
All pause rentals for free

Max pause rental 3h

If more, 200CZK fee
Parking out of station
Red zone forbidden
Other areas fee is 25CZK
Parking at a station is free

3. Exceeding the maximal time for pausing a rental

In case the CLIENT exceeds the maximal time od pausing her/his rental, she/he is obliged to pay a contractual penalty of 200 CZK.

4. Ending a rental outside publicly accessible areas

In case the CLIENT terminates her/his rental elsewhere than in the publicly accessible area (or outside of geofence, which is signalized by red boarder of the system), or in red zone in cases where customer service has to end the rental manually, she/he shall pay a penalty of 2000 CZK. Including damages caused to bike.

5. Parking outside virtual stations

If the CLIENT decides to end a rental and park outside a virtual station in the green zone, she/he is obliged to pay 25 CZK fee.

6. Returning the credit

The CLIENT has the possibility to request the return of the unused CREDIT. For this service, there is a charge of 100 CZK.

7. Damages caused by misuse, theft and vandalism

In case of loss or complete damage of a bike, the responsible CLIENT shall pay the COMPANY its entire cost including waste disposal costs and costs related to accident mitigation if any occurs. In case of causing only a partial damage, the CLIENT shall pay costs related to that particular damaged part. Final price for each part consists of purchase and installation costs.

Spare partPrice [CZK, incl. VAT]
Phone holder
200
Bungee
100
Pedals
400
Grips
200
Stickers restoration of fork
120
Stickers restoration of frame
200
Stickers restoration of mudguard
100
Stickers restoration of battery box
200
Advertising panel (includes a replacement of the panel in case of vandalism – scratched, painted, or otherwise damaged)
900
Bake lever
900
Bowden
200
Brake cable
200
Saddle
800
Seat clamp
600
Seat post
800
Front wheel
5000
Rear wheel
10000
Tyres
1500
Replacement of fork
15000
Replacement of frame
15000
The entire ebike Freebike
70 - 90000*

The price list is valid from May 1, 2019

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*Depending on the external costs related to bike disposal, vandalism and accident mitigation.

Selected contract

31 days (299CZK)

Riding: E-bike, each ride up to 15min free, after 2,- CZK/min. Pedal bike, each ride up to 30min free, after 1,- CZK/min. Max. number of simultaneous rentals are 1.
Pause rental: 0.5,- CZK/min. Max length of the pause rental is 120min. If more, 200,- CZK fee.
Parking out of station: Red zone forbidden. Other areas 25,- CZK fee.
Parking at virtual stations: free

Partneři projektu

Státní fond životního prostředí, Ministerstvo životního prostředí, Ekomobilita

Smart Prague

Moje Praha

Automat

Fuzee