1. General provisions
- The blinkee.city service is rendered by Green Electricity Sp. z o.o. with its seat in Warsaw at 12/428 Erazma Ciołka street, 01-402 Warsaw, entered to the Polish National Court Register (KRS) 0000643112, Polish Tax Identification Number (NIP): 5272783384, Polish Statistical Number (REGON): 365684398. Contact details: phone: +48 (22) 290 25 25, e-mail: email@example.com.
- blinkee.city Service – a service rendered remotely and connected with disclosing by Green Electricity Sp. z o.o. with its seat in Warsaw of an electronic platform where Clients can hire vehicles and Owners (Partners) can disclose them for rental to Clients.
- Green Electricity – Green Electricity Sp. z o.o. renders services connected with blinkee.city operation and is the blinkee.city service’s delivery operator. It is a limited liability company with its seat in Warsaw at 12/428 Erazma Ciołka street, 01-402 Warsaw, registered by the District Court for the capital city of Warsaw in Warsaw, 12th Economic Division of the National Court Register (KRS) under KRS no.: 0000643112, Polish Tax Identification Number (NIP): 5272783384, Polish Statistical Number (REGON): 365684398. Contact details: phone: +48 (22) 290 25 25, e-mail: firstname.lastname@example.org. For more information about Green Electricity, please visit www.blinkee.city/pl.
- blinkee.city System – system launched by Green Electricity for intermediation in renting Vehicles, including software allowing to rent Vehicles.
- Mobile Application – application granting access to renting Vehicles available at mobile devices with Android and iOS operating systems.
- Vehicle – a vehicle that is equipped in a telemetry device and which can be rented via the blinkee.city System. Each vehicle is described in the system and in the app. Various price lists are applied depending on the type of vehicle. The system differentiates two types of vehicles:
- Scooter – a two- or three-wheeled vehicle with electric engine of up to 4 kW, with its construction limiting the speed to 45 km/h,
- Bicycle – vehicle with the width of less than 0.9 m and put into motion using muscle strength of the person riding it; a bicycle can be equipped in electric motor, initiated by pressing an auxiliary, fed with the voltage of no more than 48 V and with continuous rated power of no more than 250 W. A bicycle in the blinkee.city system has a lock on the rear wheel protecting against unauthorised rental.
- Renting period – period as of renting a Vehicle until returning it in a proper manner as specified herein.
- Area of rendering services – area where it is possible to rent and return a Vehicle without additional expenses. Service rendering’ area have been fixed at www.blinkee.city.
- Price list – price list of blinkee.city services and fees constituting an integral part hereof. The price list is available www.blinkee.city.
- Activation fee – optional fee made by the Client when making registration in the blinkee.city System. Paying the fee shall mean expressing Client’s consent to provisions hereof and at the same time shall constitute the first payment for the Top-up amount. The amount of Activation fee has been specified in the Price List. Activation fee is not mandatory to complete account activation.
- Top-up amount – fee for renting made to Green Electricity’s account.
- Prepaid account – Client’s personal account in the blinkee.city System where credit and debit transactions are made for the use of services offered by the blinkee.city System according to the Price list and Additional fees price list.
- Partner – an entity making a Vehicle available to a Client using the blinkee.city System across a specific Territory. Partner’s data (assigned based on exclusivity to a specific Territory) are available to the Client at www.blinkee.city. A Partner (Territory depending) can be also Green Electricity.
3. Data of blinkee.city Partners
- A party to individual contracts on renting Vehicles concluded via the blinkee.city System across a given Territory shall be Green Electricity at all times.
4. General conditions on using blinkee.city
- Conditions of using blinkee.city by Clients shall be:
- holding a physical person status under the Polish civil code,
- being over 18 years of age,
- being 13 years-of-age in case of using bicycles, upon prior written authorisation for use signed by parents. Specimen authorisation is available at: www.blinkee.city,
- holding a valid driving license of at least AM category or higher (required authorisations to drive electric scooters with up to a 4 kW electric motor),
- holding a driving license honoured in Poland, other European Union country, Switzerland, Lichtenstein, Norway, Island, or recognised as international driving license compared to the state driving license, provided it allows to drive a vehicle in Poland,
- submitting personal details required at the registration stage,
- accepting conditions specified herein.
- The Partner shall rent a Vehicle to the Client under provisions specified herein based on Individual contract on rental a Vehicle.
5. Accountability / Obligations
- Rights and duties as well as Green Electricity’s accountability:
- Green Electricity is not bound to provide a Mobile application to all mobile devices. Devices supported operate in the Android and iOS systems.
- Green Electricity shall reserve the right to technical modifications of functions and content of the Mobile application not impacting provisions of the Contract concluded with a Client.
- Green Electricity shall undertake efforts for the technical conditions of Vehicles make it possible to use them properly, however an entity responsible for Vehicles’ technical condition shall be a Partner.
- Green Electricity – provided it is not a Partner – shall not be liable for damages incurred by the Client due to failure to perform or undue performance of the Individual contract on Vehicle rental in particular due to Vehicle’s technical condition, its malfunction, uncharged battery, or insufficient battery level.
- Client’s obligations:
- The Client shall be the only person who can drive a Vehicle. One cannot give the Vehicle to drive to other persons.
- The Client undertakes to give the Vehicle back in good technical condition, the same as at the moment of renting, subject to regular use principles of the Vehicle. The Client shall be liable for outcomes of violating valid provisions of law by him when using the Vehicle, as specified herein.
- The Client shall be liable for the Vehicle as of renting it until returning it, hereunder. The Client shall, in particular, be liable for undertaking relevant actions to prevent damages and stealing of the Vehicle rented, occurring as of renting the Vehicle until returning it.
- Any and all malfunctions shall be reported by phone, by e-mail, or via an app form to the Partner via Green Electricity. In the event of any malfunction making it impossible to continue to drive, the Client shall be bound to stop and inform the Partner or Green Electricity by phone.
- Should the Vehicle rented be part of an accident, theft, fire, or damages (including those caused by animals), the Client shall be bound to immediately contact relevant public services (fire-fighters, police, etc.) and Green Electricity’ co-workers (+48 22 290 25 25). The Police/fire fighters needs to be informed that a Vehicle being part of an accident has an electric motor.
- The Client shall be bound to inform the Partner via Green Electricity in writing or via electronic mail (to the address: email@example.com) about any and all details of the event within 2 hours as of the event.
- The vehicle holds a third party liability policy.
- It is prohibited to use Vehicles by people under influence of alcohol, drugs, psychotropic substances or alternative substances as specified in drug prevention principles, strong antiallergic drugs or other drugs which by definition prevent or recommend to prevent from driving vehicles.
- It is not allowed to use the Vehicle for rallies, jumps, stunts, motor sport events, any type of races, road tests, learning to drive, or paid transport services, as well as to use the Vehicle to pull and push any item without Green Electricity’s prior consent.
- It is not allowed to transport elements or substances the condition, size, shape, or mass of which can impact road safety.
- It is not allowed to transport flammable, toxic, or other dangerous substances.
- It is not allowed to use the Vehicle against provisions of law.
- It is not allowed to transport children below the age of 12.
- It is not allowed to travel with the Vehicle abroad.
- It is not allowed to use the Vehicle in a manner contrary to road traffic principles.
- The Client shall be liable and undertakes to cover all fines and public-law related fees imposed on the Client due to using the Vehicle by him.
- In case of proven claims due to improper use of the Vehicle for reasons on the side of the Client, the Partner (directly or indirectly via Green Electricity) can demand the Client to repair the claim in part or in total applicably to binding provisions of law. The estimative amount of claim, depending on a specific event, can be as follows:
|No.||Event||Estimative amount of claim|
|1||Helmet loss/forfeiting.||PLN 550|
|2||Cost of body and paint repairs, spare parts and fitting, in case the repair is the Client’s liability.||Cost of repair services, not more than PLN 1000.|
|3||Cost of Vehicle repair should the Client have driven the Vehicle under the influence of alcohol and other drugs.||Total cost of repair including transport of the vehicle and potential court fees.|
|4||Parking/returning the Vehicle improperly, in an unauthorised place.||PLN 100 cost of vehicle relocation + cost of potential administrative proceedings (fine).|
|5||Cost of Vehicle transport to administrative borders of the Service Rendering Area in case of completing the renting services beyond the Services Rendering Area.||PLN 100 transport cost + renting time accrued.|
|6||Vehicle’s value.||PLN 13,530 (incl. VAT).|
- The Client shall be liable for claims for reasons on his part due to failure to perform or undue performance of provisions hereof. The Client shall be liable for claims to third parties under general principles.
- It is not allowed to independently make any repairs, modifications, replacement of parts in the Vehicle.
- In case of a collision at the Client’s fault, for proper execution of Green Electricity’s third party liability policy, it is mandatory to call the police to the place of the event.
6. Registering/Executing the contract
- Client’s registration and positive verification by Green Electricity are a mandatory condition of using the blinkee.city System. Positive verification by Green Electricity shall be a condition of a possible execution of Individual contracts of Vehicle rental.
- Registration shall take place on-line at www.blinkee.city via:
- filling in the form and proceeding according to information occurring when registering. Data to be provided in the registration process:
- First name
- Last name
- Phone number
- Date of birth
- filling in the form and proceeding according to information occurring when registering. Data to be provided in the registration process:
- As the next step, the User shall disclose photo of a document confirming the right to drive vehicles within the blinkee.city system.
- Optionally, the user can enter a tax identification number (NIP) for invoice issuance.
- Making the activation fee using a payment card, with possibility to save it for future making of payments for using a Vehicle, without having to provide full payment card details (one-click payments).
- Account’s verification and activation can take place as follows:
- by sending a photocopy of the driving license/ID card in the blinkee.city system (“Documents” option)
- in person to the Green Electricity office and to identity confirmation locations specified by Green Electricity,
- by submitting to the e-mail address: firstname.lastname@example.org a driving license/ID card photocopy (both sides).
- It is not allowed to disclose Client’s phone number with access to the mobile Application or private log-in details (login and password) to third parties.
- Clients shall inform Green Electricity and the Partner (via Green Electricity) in writing or by e-mail (email@example.com) about modifying the data (in particular e-mail address, mobile phone number, payment details, loss of permits to drive motor vehicles). In case of lack of updates of data provided, the Client’s account can be blocked.
- Personal details shall be processed only for the needs of the blinkee.city System’s operation and can be disclosed to other entities cooperating with Green Electricity only according to binding provisions of law, to render the blinkee.city services, as well as to conclude and perform Individual contract on Vehicle rental.
- Green Electricity shall be entitled to send e-mail messages to Clients with updates and information about new things and events conducted within the own services direct marketing. The Client shall not receive any unsolicited marketing data of external companies. The Client shall at all times be entitled to appeal against processing of personal data for marketing purposes.
- The Client can also consent to send via text messages and electronic mails information and marketing materials regarding services rendered by Green Electricity and cooperating entities, including within the scope of the blinkee.city System, as well as anonymous questionnaires send via electronic mails or disclosed directly in the blinkee.city System, used to collect demographic and profile data from blinkee.city’s Clients by Green Electricity. Such data shall be used to test Clients’ preferences and adjust Green Electricity’s offer to their expectations, as well as statistical analyses and to create Clients’ collective image provided to marketing partners of Green Electricity. Reception of marketing materials and disclosing the said data shall be at all times voluntary, whereas the Client can at any point resign from receiving information materials or questionnaires.
- The content of specific Individual contracts on Vehicle rental shall be disclosed only to parties to the Individual contracts on Vehicle rental and to Green Electricity. Each Client who completed the registration process, upon logging-in, holds access to all his Individual contracts of renting for a period of storing them in the computer system. Client’s data on specific Individual contracts of renting shall be stored by computer systems in the blinkee.city System. Should there be claims, such data shall be stored until the expiration of the claim proceeding and potential proceeding caused by it, accepting Client’s claim, for proof-related purposes, not longer than 6 years, as of responding to the claim. In case of reports in this date (e.g. compensation, claims redressing) – such data shall be processed in the period of fixing potential responsibility of Green Electricity/Partner/Client and executing the decision made in such proceeding.
- Personal details are processed, stored, and secured according to provisions of binding provisions of law.
- Personal data administrator – Green Electricity – undertakes to keep secret personal data and not to disclose them to other entities, unless the Client authorises him for this purpose or such authorisation stems from provisions of the law. This obligation shall be effective upon expiration of the legal relationship between the Client and Green Electricity, and in case of processing data for information and marketing purposes until revoking a consent to process such details.
- Vehicle rental i.e. concluding an Individual contract on Vehicle rental shall be possible when the Client holds an active account in the blinkee.city System. An active account status shall be interpreted as:
- activating a user’s account based on accurate and verified documents submitted to the system and confirming the right to ride blinkee.city’s vehicles,
- optionally, defining a payment card with a debit option as a payment form, used to charge funds automatically.
- To rent a Vehicle the Client shall launch a mobile application and process according to the steps displayed.
- Igniting/activating the Vehicle shall mean concluding an Individual contract on Vehicle rental with the Partner.
- A party to the Individual contract on Vehicle rental shall be a Partner who operates in the blinkee.city System across a given Territory, hereunder.
- Prior to driving, the Client shall make sure that the Vehicle is fit for the traffic condition, mostly by checking condition of tires and brakes. Should the Vehicle’s fitness to traffic conditions is not guaranteed, the Vehicle should not be used. The diagnosed damages shall be reported to Green Electricity via the mobile app, by e-mail to firstname.lastname@example.org, or by phone ( +48 22 290 25 25) prior to driving. Except for damages which have already been reported to Green Electricity. The vehicle shall be recognised as visually and technically fit until the Client fails to report new damages.
- In case of detecting any damages to the Vehicle, the Client shall be bound to immediately report the problem to the Partner or to Green Electricity, and park the Vehicle in the closest place possible.
- Renting and using an unfit Vehicle by the Client can cause him to be liable for malfunctions or claims therefrom.
- Clients cannot perform repairs or modifications to the Vehicle and they do not have access to devices and batteries assembled in the Vehicle.
- The User shall be bound to cover costs of redressing damages to vehicles occurring in the blinkee.city System and as a result of using Services within the User’s account, where they exceed damages stemming from regular use.
- Should the Partner report the need to make Repairs, and the motion for such Repairs shall be verified by blinkee.city based on justified reasons, Blinkee reserves the right to make payments for justified costs for such Repairs in the Partner’s name, using the payment method specified by a User.
- It is recommended for the Client to hold a mobile phone fit for making calls, in the renting period, to contact Green Electricity.
- At the request of Green Electricity, the Client shall provide specific location of the Vehicle rented at any point to allow Vehicle’s inspection.
- Clients located beyond the Services rendering area can use the Vehicle, however then it is not possible to return the Vehicle and to complete the renting process. Returns shall take place in the Services rendering area.
- Clients can book Vehicles available. This option is available in the Mobile application.
- Such booking made is valid for 15 minutes. Should the vehicle not be rented (i.e. Individual contract on rental will not be concluded) within 15 minutes, the booking is cancelled and the Vehicle shall be again available for use by other Clients.
- Clients can cancel bookings within 15 minutes via the Mobile application without charging additional fees.
- The user can prolong the booking option in the form of a paid pause i.e. assigning a vehicle to one’s account, without actually starting the vehicle. Fee for the paid pause shall be calculated according to the price list.
- First booking within one hour (computed as of completing the first booking) shall be free-of-charge.
9. Car park
- The Client is bound to park the Vehicle in a correct manner (i.e. placing the scooter on a central foot, placing the helmet in the place intended, closing the compartment); in case of a bicycle by blocking the lock in the rear wheel and placing the bicycle in an openly available stand) and under provisions of the Polish Traffic Code.
- The Vehicle can be parked only on a public car park (including also paid public car parks marked with the paid parking zone sign i.e. D-44 “Parking zone” sign) and in places where parking vehicles is allowed.
- Parking in parking spots for the disabled, places with a limited parking time, parking limitations, parking spots for taxis, and private parking spots (e.g. garages, parking spots next to supermarkets or other parking spots of special use) is not allowed.
- Should the Vehicle be parked against provisions hereof and provisions of law, the Client can bear legal liability under commonly binding provisions of law.
- The Client is bound to return the Vehicle in a proper manner.
- Return of the Vehicle shall be deemed appropriate if:
- the Vehicle has been parked according to provisions of the Traffic Code,
- the Vehicle has been parked in a place available in the Services rendering area specified by Green Electricity,
- in case of scooters:
- the Vehicle has been placed on a central foot,
- helmets have been deposited in a place intended for this purpose,
- a storage and a compartment was closed,
- the Scooter was returned in the service’s rendering area,
- in case of bicycles:
- the lock on the rear wheel has been blocked,
- the bicycle was parked on an openly available bicycle stand, in the selected parking zone marked with letter “P”.
- The app confirmed proper completion of the renting by pressing the “End” button.
- The scope of the mobile network is available across the area where the vehicle has been returned.
- Objects owned by the Partner and located in the Vehicle cannot be removed or thrown out by the Client in the term of and following renting.
- The Client should make sure that upon return the Vehicle is physically available for other registered Client’s of the blinkee.city System (i.e. is not parked on an area with limited access, behind a barrier, etc.).
- Upon choosing the Rental completion option in the Mobile application and when the Vehicle was returned under the said principles, Individual contract on rental between the parties shall be deemed completed.
11. Renting term
- Term of Vehicle’s (in case of a scooter) use by the Client shall be limited through the rented Vehicle’s battery charging level.
- Upon starting the Vehicle in the Mobile application, the Client can receive free minutes for preparation before driving. The amount of free minutes depends on the city and is made available in the price list at www.blinkee.city.
- Until the Vehicle’s (scooter’s) battery holds a proper charging level for driving (at least 20% – a 10 km range), the Client can use or stop to use the Vehicle. When the Vehicle’s battery has run down, the Client should return the Vehicle according to conditions specified herein.
- The battery charging level is displayed on the Vehicle’s (scooter’s) speed meter and in the Mobile application. Depending on the Vehicle’s type, signs standing for a rundown battery can be at the same time displayed on the speed meter as icons of the charging level index. The Mobile application displays the battery charging level in percentage value or kilometres left to drive (distance).
- Both the Partner and Green Electricity shall not replace nor charge the battery in the term of the Individual contract on rental. The Client is not authorised to physically access, replace, or charge the battery.
12. Forms of payments and fees
- The Client shall link his payment card to the payment system. A fee shall be charged directly off the card for each of the individual renting contracts.
- The Client can make recurring payments and one click payments (as specified in the app’s payment system).
- Payment methods available are as follows:
- payment cards
- The Client shall consent to charge his payment card with fees for additional payments, in case of Client’s fault e.g. damage/breaking of a helmet, damage to a scooter, etc.
- By accepting the said terms, the Client confirms accuracy of data entered in the Mobile application.
- In the course of registration via the Mobile application, the Client shall decide which of the payment methods offered he wants to add. The user can amend, edit, or delete added payment methods at any time in the Mobile application. Moreover, the Client can decide which payment method to use for a given service in the course of the payment process.
- Green Electricity shall not process any data connected with payment performance, except for the transaction number, as well as full name of the person making the payment.
- Optional activation fee has been specified in the Price list. Money paid within the Activation fee feed the Prepaid account and are available to be used as minutes. Upon paying the Activation fee, the Client shall receive free minutes to use – number of minutes specified in the Price list.
- Free minutes used shall be displayed as additional account balance (Balance). The cannot request to return free minutes which are presented as additional money in the Client’s balance.
- Fee for using the Vehicle shall be computed per each commenced minute.
- Fees shall be computed based on rates specified in the Price list. The grounds to compute the fee shall be the number of renting minutes computed as of concluding the Individual contract on Vehicle rental until proper return of the Vehicle and return confirmation (end of renting) in the blinkee.city System.
- The Client is bound with the Price list valid as at booking the Vehicle, made available via the blinkee.city System.
- Upon completing the Vehicle’s renting, the Client shall receive information about fees charged for using the Vehicle.
- The Client can independently download an invoice available upon logging into the blinkee.city System in a PDF format.
- In case of arrears in payments, possibility of booking and renting Vehicles shall be stopped until settling amounts due.
- Green Electricity within the scope of Client’s consent to charge the card in his name (recurring) has the possibility to charge the card if the amount under the Individual Contract on Vehicle Renting exceeded the value of funds collected on the prepaid account.
- In case of Client’s negative balance due to its insufficient allocation and performance of Individual contract on Vehicle rental, the Client shall be bound to settle payments for the Partner according to provisions of the Price list.
- Green Electricity shall make Clients’ available to pay for services offered within the blinkee.city System using the Mobile application and a website.
- Settlement Agent
SIX PAYMENT SERVICES (EUROPE) SA ODDZIAŁ W POLSCE with its seat in Warsaw at 32 Prosta street, 00-838 Warsaw, entered to the list of entrepreneurs of the National Court Register (KRS) under no. 0000367560 by the District Court for the capital city of Warsaw in Warsaw, 12th Economic Division of the National Court Register under 0000367560, tax identification number (NIP) 107-001-73-60, being an entity rendering payment services as specified in the Polish act on payment services of 19 August 2011 (Journal of Laws 2011.199.1175 as subsequently amended). Client’s personal details: full name, login, e-mail address, shall be provided to a third party (Straal sp. z o.o.) due to rendering technical services for payments made. Disclosing data to Straal sp. z o.o. shall refer only to data necessary for proper operation of payments made. Further to such Clients’ personal details, personal details administrator shall be the Service Provider.
- All vehicles need to have a third party liability insurance.
- The insurance policy does not cover claims caused deliberately by the Client.
- Insurance conditions are conform with general insurance conditions provided by the Insurer.
- The Client can report a claim against the Contract or Individual contract on Vehicle rental to a Partner or Green Electricity at any time whatsoever. Any and all claims referring to services rendered hereunder can be reported in any manner which will provide Green Electricity or a Partner to get acquainted with its content, with special acknowledgment of the following communication forms:
- e-mail address: email@example.com,
- contract details (address) to Green Electricity or to a Partner
- Should data or information provided in the claim require supplementation, prior to examining the claim, Green Electricity or the Partner shall turn to the claimant to supplement it in the scope required.
- Claims lacking data allowing to identify the Client shall not be examined by Green Electricity or the Partner.
- Making the claim shall not release the Client from a duty of timely performance of obligations against Green Electricity or the Partner.
- Any claim shall be examined within 14 days as of reception.
15. Waiving the Contract and the Individual contract on Vehicle rental
- The Client can waive the Contract concluded with Green Electricity under provisions of law – without stating a reason, within 14 days as of execution thereof. The date shall be deemed kept if prior to its lapse the Client shall send a statement on waiving the Contract.
- The Client can waive the Contract i.e. by:
- sending a statement on waiving the Contract to Green Electricity’s e-mail address: firstname.lastname@example.org
- sending a statement on waiving the Contract in a paper form to Green Electricity.
- Provisions of the two indents hereof shall apply respectively to Individual contracts on Vehicle rental, concluded by the Client with the Partner.
- Prior to initiating the Vehicle (interpreted as a moment of commencing to render the service by Green Electricity under an Individual contract on Vehicle rental), the Client shall be informed via the Application that upon satisfying a service by Green Electricity one will lose the right to waive from the Individual contract on Vehicle rental.
- In case of waiving on the Contract or Individual contract on Vehicle rental, it shall be deemed not executed. In case of waiving the Contract, each party shall be bound to return to the other party everything it received under the Contract. Reimbursement of allowances takes place within 14 days as of receiving by Green Electricity a statement on waiving the Contract. Reimbursement of payments is made using the same payment methods used by the Client in the initial transaction, unless the Client agrees to such solution in the statement on waiving the Contract. For the avoidance of doubt, it shall be reserved that waiving the Contract does not impact any potential validity of Individual contracts on Vehicle rental performed by the Parties.
16. Contract termination at the Client’s request
- The Client shall have the right to terminate the Contract at any time. Should funds at the Prepaid account exceed PLN 0 on the date of Contract’s termination, they shall be reimbursed to the bank account from which they were paid or at the Client’s special request, other than as specified on the statement submitted by the Client.
- The amount reimbursed shall be reduced by the unused free minutes represented in the form of virtual zlotys.
17. Final provisions
- Green Electricity reserves the right to terminate the Contract only in cases specified herein. Should an event occur, as specified above, the Contract shall be terminated with a 7-days’ notice period.