General Terms and Conditions for the Use of the Community Bike Rental System „GYŐRBIKE”
Preamble
Regular users can rent a bike by purchasing the GYŐRBIKE Card, while temporary users are provided a possibility to register on the website or downloading the GYŐRBIKE application to use the system.
The public bike sharing system is operating 24 hours a day.
GYŐRBIKE Card is a plastic card with a unique identifier (“smart card”) entitling its user to rent one bicycle at a time. The GYŐRBIKE Card is valid for 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 GYŐRBIKE Card entitles the User to rent a bike with a unique GYŐRBIKE design directly at the docking station using a card reader marked GYŐRBIKE. The 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 GYŐRBIKE System, Temporary Users have to register on the website gyorbike.hu, download the application GYŐRBIKE or on docking station terminal. For Regular Users passes can be purchased at any of the points-of-sales offering GYŐRBIKE Card.
In case of using a docking station terminal for registration, the unique PIN code will be sent to the user via SMS and e-mail to the phone number and e-mail address provided during registration. The unique PIN code can be used to rent a bicycle after successful payment.
In the case of websites and applications, a unique PIN code will be sent to the e-mail address provided during registration after successful payment. This unique PIN code entitles the user to start using the bicycles.
Bicycles for rent are locked at the docking station with electronically controlled locks.
The GYŐRBIKE Public Rental Bike System is owned by the Municipality of Győr County City. It is operated by Győr Projekt Kft., a company 100% owned by the Municipality of Győr County City.
The document of General Terms and Conditions (hereinafter GTC) contains the conditions for renting GYŐRBIKE bicycles. The GTC forms an integral part of the GYŐRBIKE rental agreement concluded between the Provider of GYŐRBIKE system and the User of GYŐRBIKE bicycles.
I. Definition of terms
The terms used in General Terms and Conditions are defined as the following:
1. Docking station: construction for fixing the GYŐRBIKE 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.
2. GYŐRBIKE 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.
3. Provider: Győr Projekt Kft.
address: Hungary, 9025 Győr, Radnóti Miklós utca 46.
Tax number: 23186855208
e-mail: info[a]gyorbike.hu
4. User: A natural or legal person who is concluding the bicycle rental agreement with the Provider. The User purchases either the GYŐRBIKE 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 unique PIN code to use the bicycle.
5. GYŐRBIKE Card: a magnetic card available at the card selling points for a definite period of time: 1 month, 6 months or 24 months.
6. Stations: Bike rental stations located within the administrative area of Győr County City, consisting of the terminal, a specified number of docking stations and a specified number of GYŐRBIKE bicycles.
7. Card Selling Points: Contracted partners, where the GYŐRBIKE 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: gyorbike.hu/sales-points-and-customer-service
8. Customer service: Látogatóközpont / Tourinform Győr
9021 Győr, Baross Gábor út 21.
9. Terminal: equipment for reading the GYŐRBIKE Card or an equipment used for renting a bike using a unique PIN code. The equipment is interconnected with the station, which consists of a PC, system reading the card, monitor and a control keyboard.
10. Website: The website gyorbike.hu is operated by the Provider.
11. Application: mobile phone application operated by the Provider called GYŐRBIKE
II. Scope of the GTC
This document on General Terms and Conditions (GTC) contains the conditions for renting GYŐRBIKE bicycles. GTC forms an integral part of the GYŐRBIKE bicycle rental agreement concluded between the GYŐRBIKE User and the Provider. The User is accepting these terms and conditions of use by registering in the system on the GYŐRBIKE website or GYŐRBIKE application, as well as by purchasing GYŐRBIKE 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. 2:12. § (2) b) of the Civil Code is appropriate for the Users under the age of 14 years of age, and does not require the consent of a legal representative to enter the bicycle rental agreement.
The present GTC shall remain in effect for an indefinite term starting on 1. August 2024. 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 effect, 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 GYŐRBIKE 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 GYŐRBIKE Card is regarded as acknowledgment of the amended GTC.
III. Bike Rental Options
III.1. Regular Users
GYŐRBIKE Card shall in each case be purchased at the Card Selling Points. After the expiry date of the purchased GYŐRBIKE 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 four GYŐRBIKE Cards, and accordingly may rent no more than four GYŐRBIKE bicycles at a time.
Natural persons below the age of 18 may possess no more than one GYŐRBIKE Card at a time.
In case, the User is a legal entity, may obtain a GYŐRBIKE 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 GYŐRBIKE 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 can be cognizable at the website: gyorbike.hu
The User is obliged to accept the terms when concluding the bicycle rental contract.
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 of the legal entity is obliged to prove his/her identity before concluding the bicycle rental agreement.
The GYŐRBIKE Card entitles the User to use bicycles located in GYŐRBIKE Rental Stations.
In case the GYŐRBIKE Card was issued for the User – a natural person is the person the GYŐRBIKE card was issued for is entitled to use the GYŐRBIKE card. Should the User transfer the GYŐRBIKE card or the ID and PIN code issued to him/her to another person, the User for whom the GYŐRBIKE card was originally issued shall be responsible to the Provider for the activities or potential damage caused by any third person actually using the GYŐRBIKE 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 GYŐRBIKE cards were transferred for use.
The User may not transfer the balance on his/her GYŐRBIKE Card neither partially nor full amount on the GYŐRBIKE Card of other Users. Topup on GYŐRBIKE Cards is not limited.
III.1.1. GYŐRBIKE Card
GYŐRBIKE 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 a GYŐRBIKE card by concluding a bicycle rental agreement and paying the fee of a 6 months or annual pass, the fee of the GYŐRBIKE Card and by topping up the minimum amount to the card at the card selling points.
Validity of the GYŐRBIKE card is the same as the expiry time of the pass. Expiry time of the GYŐRBIKE card will automatically be extended by purchasing a new pass at the card selling points, website or via the GYŐRBIKE application.
Should the User lose, damage or otherwise make useless the GYŐRBIKE card issued to him/her, or if the card becomes useless otherwise, the User must purchase a new GYŐRBIKE Card. The User shall be responsible for the GYŐRBIKE Card and its use issued to him/her in accordance with the contract. The User to whom the specific GYŐRBIKE 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 GYŐRBIKE pass and GYŐRBIKE Card
In order to use the GYŐRBIKE Card, it is necessary to purchase 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 GYŐRBIKE Card are accessible on the website. In case the card is purchased in Hungary, the fee will be paid in HUF.
Passes can be purchased parallel to application for new GYŐRBIKE Card or extending the validity of GYŐRBIKE Card at one of the card selling points, website or using the application.
When purchasing the GYŐRBIKE Card, it has to be topped up with a minimum amount of 15.000,- HUF. 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. The rental cost of the GYŐRBIKE bicycle will be deducted from the amount topped up. If the balance of the User is zero or negative, resp. the validity of the GYŐRBIKE 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 15.000,- HUF must be topped up. GYŐRBIKE cards can be topped up at the Card selling Points, on the Website or using the application.
III.1.3. Rental fee
Each started half hour is considered as rental, and will be charged accordingly. The rental fee is indicated on the Website.
The maximum rental period is 10 hours per occasion.
III.1.4. Renting a bicycle using GYŐRBIKE Card
The GYŐRBIKE card entitles the User to start the rental directly at the Docking station. In order to start using the GYŐRBIKE 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 GYŐRBIKE rental is available to natural persons over the age of 14, who do not possess a permanent GYŐRBIKE Card. Non-natural persons are not entitled for temporary use of the System.
Temporary rental can be initiated on the Website or using the GYŐRBIKE application.
Temporary rental is available until the User has a valid ticket. In case the User would like to initiate multiple occasional rentals 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 GYŐRBIKE system, registration is required, which can be done on the website gyorbike.hu or by downloading the application GYŐRBIKE.
An 8-digit PIN code in SMS message will be sent to the mobile number provided during registration (in case of using a docking station terminal for registration), or e-mail (in case of web and application registration) which will be used to identify the User. The Provider is not responsible for failed delivery of SMS message.
If you have already registered in GYŐRBIKE system, your registration is also valid on online surface of further bike sharing systems: BabiBike, EgerBringa, GyőrBike, KombiBike, MariaValeriaBike, PecsiKe, Tbike. The ticket or pass valid to use the GYŐRBIKE 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 GYŐRBIKE 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 168 hours. 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 15.000 HUF 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 the GYŐRBIKE bicycle is not charged.
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
1. 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 GYŐRBIKE 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 GYŐRBIKE stations. If it happens, the User is obliged to contact the call center.
2. After the Rental, the User may return the GYŐRBIKE bicycle to any empty docking station at any of the GYŐRBIKE 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 GYŐRBIKE to the docking station indicates the end of the bicycle rent.
3. The Provider warrants that for the duration of the Rental, no third party has any right or claim for the GYŐRBIKEbicycle that would restrict, limit or exclude the User from the use of the GYŐRBIKE 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.
4. 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
1. 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 GYŐRBIKE bicycle or GYŐRBIKE 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 GYŐRBIKE bicycle to one of the Rental Stations and submit the GYŐRBIKE card to one of the Card Selling Points. Even if the GYŐRBIKE card is not submitted, the Provider will void the GYŐRBIKE card parallel to the termination. Parallel to termination of GYŐRBIKE Card and withdrawal from the Bicycle Rental Agreement, the User is obliged to pay the Provider the contractual penalty of 25.000,- 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 GYŐRBIKE card concerned by the termination and entitled to claim the amount in excess of the balance from the Lessee through legal means. 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.
2. 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.
3. 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 GYŐRBIKE 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 GYŐRBIKE Card and return the unused balance deposited on the GYŐRBIKE card to the User. The fee paid for issuing the GYŐRBIKE card will not be refunded.
IV. Rules applicable to use of the GYŐRBIKE bicycles
1. Maximum rental period of the GYŐRBIKE is 10 hours per occasion, after the expiry of which period the User must return the GYŐRBIKE bicycle to any Rental Station and dock it to the Docking Station. In case the User is unable to return the GYŐRBIKE 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 GYŐRBIKE bicycle as missing, on the basis of which the Provider shall be entitled to take legal and other actions and initiate corresponding proceedings.
2. The GYŐRBIKE bicycles may only be used in the administrative area of the towns as the exact definition of the territory the bicycles can be used can be found on the website gyorbike.hu
3. The User is obliged to use the GYŐRBIKE bicycle pursuant to the provisions stipulated in the present document about General Terms and Conditions.
4. The User is obliged to use the GYŐRBIKE Bicycle in compliance with the road traffic rules in a professional manner.
5. By taking over the GYŐRBIKE bicycle for use, the User declares that based on health conditions and physical characteristics, he/she is suitable for the use of the GYŐRBIKE 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.
6. 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.
7. 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.
8. The User cannot make any modifications to or cannot repair the bicycle.
9. The User is prohibited from handling over the GYŐRBIKE bicycle to someone else for rent or use. The GYŐRBIKE 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.
10. The GYŐRBIKE bicycle can only be used by the User and no other person can be carried on the bicycle.
11. GYŐRBIKE bicycles are forbidden to use under the influence of alcohol or other psychotropic substances.
12. The User is obliged to report any kind of damage, theft or accident caused by the bicycle on the following phone numbers: + 36 30 875 60 00, + 36 96 311 771, +36 96 336 817 or report the accident resp. damage or theft to the police.
V. Responsibility for damage
1. 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.
2. In order to protect the property of the Provider, the 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 (gyorbike.hu), 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
1. 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.
2. A protocol is prepared about the complaint, which will be addressed to the Provider in written form.
3. The Provider shall provide a written response to the complaint within 30 (thirty) days, as of the date the complaint was submitted.
4. 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 CLV of 1997. law on consumer protection. on alternative dispute resolution.
VIII. Changes in General Terms and Conditions
1. 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 GYŐRBIKE Card on the e-mail address, provided by the User.
IX. Miscellaneous Provisions
1. The present General Terms and Conditions shall enter force on 1. August 2024.
2. With respect to issues not regulated in the present General Terms and Conditions, the provisions of the relevant legal regulations of Hungary shall apply.
