TERMS AND CONDITIONS FOR THE USE OF BICYCLES AND THE USE OF THE SERVICE Slovnaft BAjk

These General Terms and Conditions for the Use of a Bicycle and the use of the Slovnaft BAjk service define the basic rights, obligations and conditions of the use of Bicycles and the use of the BAjk sharing service in Bratislava, capital of the Slovak Republic, operated by Slovnaft Mobility Services, s.r.o.

I. GENERAL PROVISIONS AND INTERPRETATION OF THE TERMS

1.1. For the purposes of these General Terms, the following terms have the following meanings:

  • (i) Application is the mobile application of the Slovnaft BAjk App or other such application created and made available for the purpose of providing the Services.
  • (ii) Bicycle means a specialized means of transport designed for the purpose of providing Pedal-Driven Services on which two wheels are mounted on a rigid frame. For the purposes of these General Terms and Conditions, the bicycle is also the so-called smart bicycle equipped with a GPS locator and, optionally, electric bicycles or other bikes included by the Operator in BAjk sharing system. For the purposes of these General Terms and Conditions, “bicycles” means all their accessories, in particular control electronics and electronic docking devices.
  • (iii) Price list is the price list issued by the Operator for the purpose of providing the Services, as amended, available on Internet Page, in the Application, as well as wherever you can rent the Bicycle. The pricelist includes the prices of services provided within the Service, mainly the Pre-Payment, the amount of the Deposit, the amount of the Credit and the fee for using the Bicycles for the Users, or other prices and fees.
  • (iv) Partial rental agreement is the rental agreement between the Operator as the lessor and the User as the lessee under the terms set forth in these General Terms and Conditions, which along with the Appendices to these General Terms and Conditions set forth the terms of the temporary rental relationship for Bicycles.
  • (v) Deposit is the amount stated in the Price List that will be blocked on the card of the One-time User and under the terms set forth in these General Terms and Conditions in accordance with the terms set out in these General Terms and Conditions for the compensation of any claims by the Operator, mainly the payment of the Service price.
  • (vi) Service availability or just availability means the possibility of the User using the Service for a period of 7 (in words: seven) days per week and 365 (in words: three hundred sixty-five days) days of the year, unless the Operator notifies about the Accessibility limit in accordance with these General Terms and Conditions. The Operator is entitled to limit the Accessibility of the Service in particular, but not limited to, in the following cases: due to adverse weather conditions, traffic or security restrictions or other restrictions in the city of Bratislava limiting or preventing the provision of the Service, the maintenance or servicing of the Bicycles or Docking Stands or other planned or immediate measures (shutdowns) performed for the purpose of the Operator or its partners (subcontractors) operating the Service. The Operator will inform the User about the limitation of Service Availability will by publishing a notice, in particular on the Website and/or on the page of the Services created on the Facebook social network and/or in the Application. The availability of the Service may also be limited by the amount of rented Bicycles or Docking Stations, which the User can check on the Website and/or in the Application.
  • (vii) Docking stations are docking stations designed for parking the Bicycles, smart docking stations with a terminal enabling the payment of the Service or registration. For the purposes of the General Terms and Conditions, docking stations include substitute stands called “extra stands” enabling Bicycle parking as well as the software located in the docking stations, allowing for registration and/or payment.
  • (viii) Website means the website www.slovnaftbajk.sk or another/other Website established for the Service.
  • (ix) Infoline is the infoline available to the User on business days from 7:00 am to 7:00 pm (unless otherwise specified by the Operator) by the Operator on a published telephone number, or at an e-mail address or via a contact form on the Website for the purposes of reporting events and information or obtaining information related to the Service, particularly defects of the Bicycles and their accessories, accidents, or other damages, loss, theft of Bicycles and other issues related to the temporary rental of Bicycles. The infoline communicates in Slovak language.
  • (x) One-time user is a User, a natural person who is not a Regular User who has registered on the website, in the Application, or other available method for the purpose of one-time (or repeated one-time) use of the Service, and has paid the cost of using the Service in accordance with these General Terms and Conditions.
  • (xi) Credit is the amount paid by the Regular User in accordance with these General Terms and Conditions toward the Operator, which allows the User to use the Service after the drawing in the Price List of the intended (especially the daily) limit included in the Pre-Payment price and also serves as a payment of the price of providing the Service, unless the Regular User exhausts this limit. By doing so, the amount of usage will be charged to the Regular User for each completed 6 (in words: six) minutes of use of the Service after the limit has been exceeded. Upon payment of the Pre-Payment, the Credit Price will be calculated in the Pre-Payment Price in accordance with the Price List, and the Credit may then be redeemed in the amount determined by the Regular User among the possible credit adding options specified by the Operator.
  • (xii) Regular user is a User, a natural person who has registered with Website, the Application, or any other available method for the purpose of reusing the Service during the prepayment period, for which purpose a user account has been created and the Pre-Payment and Credit for the use of the Service has been paid in accordance with these General Terms and Conditions.
  • (xiii) The Operator is Slovnaft Mobility Services, s.r.o., with its registered office: Vlčie hrdlo 1, 824 12 Bratislava, ID: 51 632 187, registered in the Commercial Register of the Bratislava I District Court, Section: Sro, File No. 127285/B
  • (xiv) Pre-Payment is the amount paid by the Regular User to the Operator, the amount of which is set in the Price List depending on the period for which the Pre-Payment is paid (for example, a month or year) and which entitles the Regular User to temporarily use the Bicycle for a defined period within the limits in the Price List (for example, using a Bicycle for one trip not exceeding 30 (in words: thirty minutes) and within Availability.
  • (xv) Complaint policy is the complaint policy of the Service issued by the Operator and published in the Application, on the Website and also anywhere where a Bicycle is available for rental, which governs the liability for defects, the method of filing and handling a complaint, the time limits for filing and handling a complaint, the procedure for rejecting complaints, entitlement from recognized complaints and so on. The Complaint Policy is an Appendix to these General Terms and Conditions.
  • (xvi) Service or Services means the provision of services related to the automated renting of Bicycles, whereby the Operator permits the User to temporarily use the Bicycle in accordance with the availability under the terms and conditions set forth in these General Terms and Conditions (bikesharing).
  • (xvii) The Users is a One-time User or Regular User.
  • (xviii) General Terms and Conditions or GTC are these general terms and conditions for the use of Bicycles that define the basic rights, obligations and conditions of the use of Services.
  • (xix) The Act is Act No. 102/2014 on consumer protection in the sale of goods or provision of services on the basis of a remote contract or contract concluded outside the premises of the seller and on the amendment and supplement of certain laws, as amended.

1.2. Unless otherwise expressly provided by the individual clauses, these General Terms and Conditions are considered to be a Framework Rental Agreement entered into between the Operator as the Lessor and the User as the lessee. Individual Partial Rental Agreements will be concluded under the terms set forth in these General Terms and Conditions.

1.3. By concluding the Partial Rental Agreement, the User agrees to these Terms and Conditions and its appendices, in particular the Complaint Policy and the Processing of Personal Data, and undertakes to observe it as part of the agreement.

II. REGISTRATION

2.1. The use of Bicycles within the Service is possible only upon the registration of the User on the Website or Application or in any other available method.

2.2. Only a natural person who is at least 16 (in words: sixteen) on the day of registration may register.

2.3. The User is responsible for the accuracy and veracity of the data provided in the registration.

2.4. Upon the successful registration and payment of prices pursuant to the Price List, the User will be sent an e-mail message and an SMS message to him/her during the registration with his/her unique access data (in particular the PIN code) that will enable the use of the Service (unlocking of the Bicycle). These access data are valid for the period specified in these General Terms and Conditions or the Price List and are exclusively designated for him/her personally.

2.5. Upon the proper termination of a chargeable ride (including a ride covered by drawing from Credit), the User will provide a specified e-mail address at the time of registration for sending the ride calculation. Subsequently, an automatic settlement of the payment is made toward the Operator which, in the case of a One-time User, is withdrawing funds from the payment card given at the time of registration and, in the case of Regular User, withdrawing the corresponding amount of the Credit if the terms under these General Terms and Conditions are met.

2.6. With respect to the payment of the Pre-Payment it applies that:

  • (i) the Pre-Payment amount is set in the Price List depending on the period the Pre-Payment is paid for (for example, a month or a year).

  • (ii) the amount of the Pre-Payment includes the amount of the Credit determined pursuant to the Price List. Once this amount of Credit has been drawn, it is necessary to recharge the Credit pursuant to these General Terms and Conditions.

  • (iii) the period of validity of the applicable Pre-Payment begins at the moment when the Pre-Payment amount is duly credited in the Operator’s account.

  • (iv) after the expiration of the pre-pad period, a re-payment of the price is required for the next use of the Service depending on the type of service selected (one-time/regular/other).

  • (v) the paid Pre-Payment represents the amount of the rental for a specified period and, in the case of non-use of the Services, is not refunded.

2.7. In respect of Credit, it applies that:

  • (i) the amount of the Credit is valid until its expiration or the longest for a period of 12 (in words: twelve) months beginning with the moment of the proper crediting of the Pre-Payment amount in the Operator’s account.

  • (ii) the period of validity begins the moment the amount of the Credit is credited to the account of the Operator.

  • (iii) the amount of the Credit not used in the relevant period is transferred only once to the next Pre-Payment Period, provided that the Regular User has paid a new Pre-Payment at the latest by the end of the period for which the Pre-Payment has been paid. In case the conditions for the transfer of Credit are not met, the unused Credit will not be refunded.

  • (iv) after the expiration of the period of validity of the Credit or the withdrawal of the paid Credit, the re-payment (recharging) of the Credit is necessary for further use of the Service.

  • (v) in the event that the amount of the Credit is not sufficient to pay the rental price pursuant to the Price List, the amount due will be debited to the Regular User from the closest paid (recharged) Credit.

  • (vi) without the payment of Credit (despite the payment of the Pre-Payment), the use of the Service is not possible. The specified does not apply, in the case of Point 2.7. ii) of these GTC’s.

2.8. With in respect of the Deposit, it applies that:

  • (i) The Operator is entitled to use the amount of the Deposit or a part thereof to cover any damages or other claims arising from and for which the User is liable according to these GTC’s or generally binding legal regulations, in particular in the event of damage to the Bicycle and/or the Docking Station due to reasons on the User’s side. The Operator is entitled to use the whole or a portion of the Deposit referred to above, while the payment from the Deposit does not relieve the User of the liability for the compensation of all damage incurred toward the Operator due to the User’s activity.

  • (ii) the amount of the Deposit not utilized in favor of the Operator under the terms of these GTC’s will be unblocked in accordance with the One-time Bank Rules. The Operator is not responsible for deadlines or any damages that occurred with the blocking of the Deposit or the deadline for its return. In the event that the prerequisites for use of the Deposits for the Operator specified in these GTC’s are met, the respective amount will be settled in favor of the Operator.

  • (iii) in the case of a full day ticket for the use of the Service, the Deposit on the One-time card of the User will be blocked only once, regardless of the number of rides on the given day.

2.9. The Regular User acknowledges that the payment of the Pre-Payment or Credit entitles him/her to use the Bicycle in the scope and manner defined in these General Terms and Conditions. Registration or payment of the Pre-Payment or Credit does not mean guaranteed unlimited Availability.

2.10. Prior to the expiration of the Pre-Payment or Credit, the Operator will inform the Regular User in good time of this by sending an e-mail message to the e-mail address specified during registration.

III. TERMS FOR USAGE OF A BICYCLE

3.1. The use of the Bicycle (provision of the Service) is possible after entering the PIN code or other access data issued to the User upon the successful registration and fulfillment of the other terms set forth in these General Terms and Conditions, in particular the payment of the relevant rental price.

3.2. The PIN code or other access data will be delivered to the User upon the fulfillment of the terms set forth in these General Terms and Conditions (especially regular registration and the payment of the respective rental price) by sending an SMS to the mobile phone number and e-mail message to the e-mail address specified during registration. The correctly specified mobile phone number and e-mail address are the User’s responsibility. In the event of the non-delivery of access data (mainly the PIN code) no later than 5 (in words: five) minutes from meeting the conditions its sending, the Infoline should be contacted immediately as soon as possible (see Point 1.1, Paragraph ix).

3.3. In the case that a One-time User does not start riding within 24 (twenty-four hours) of the delivery of the PIN code to unlock the Bicycle, this PIN code will be deactivated and the use of the Service on its basis will no longer be possible.

3.4. The use of the Service is not possible if the User has recorded debt by the Operator related to the provision of the Services.

3.5. A Bicycle can only be used by a natural person older than 16 years (in words: sixteen) and a person qualified to do so in accordance with the generally binding legal regulations and these General Terms and Conditions. A younger person is entitled to use the Bicycle exclusively with his/her legal guardian while the use of the Bicycle by such a person is fully covered by his/her legal guardian.

3.6. The Operator is not responsible for the use of the Bicycle by people unfit to comply with generally binding legal regulations and these General Terms and Conditions, but only those people who have used the Bicycle despite the specified.

3.7. In relation to the use of Bicycle, it is always necessary to comply with the obligations under the generally binding legal regulations and these General Terms and Conditions, in particular the following instructions must be observed:

  • (i) The Bicycle is intended for temporary usage in accordance with these GTC’s and only for the personal use of the person registered for this purpose or other people to whom the right of usage is directly established by these General Terms and Conditions.

  • (ii) The Bicycle is only allowed to be used in the territory of Bratislava and using the Bicycle outside the city limits is expressly forbidden.

  • (iii) The User is required to use the Bicycle/or Docking Station in such a way that it does not lead to damage, destruction or theft.

  • (iv) We do not leave the Bicycle to a person who is not medically fit or for whom it is not possible due to his/her current state of health.

  • (v) it is forbidden to ride the Bicycle under the influence of alcohol or any narcotic and psychotropic substances, including drugs that reduce the ability to ride the Bicycle.

  • (vi) it is always necessary to adhere to road traffic rules and to respect other participants.

  • (vii) in cases established by law and, where necessary, especially during night hours or reduced times of visibility, the User is required to be illuminated and to use necessary reflective elements.

  • (viii) before starting the ride, it is always necessary to check the technical condition of the Bicycle, especially the ability to ride and brake performance. If Bicycle is damaged or suspected of not being properly capable, it will be forbidden to use such a Bicycle and its defective state shall be reported to the Infoline, through the Website or the Application. If the User uses the Bicycle, he/she is liable for any damages caused and is not entitled to exercise the claims arising from the defective provision of the Service.

  • (ix) if the User, before or at any time during the rental, notices a defect of the Bicycle or Docking Station, he/she is obliged to report it through the Infoline and to stop using the Bicycle immediately. If the User uses the Bicycle, he/she is liable for any damages caused and is not entitled to exercise the claims arising from the defective provision of the Service.

  • (x) in the event of a defect being found that does not allow the correct usage of the Bicycle, the Bicycle must be returned no later than 2 minutes (two minutes) from the start of the rental to the designated location (Docking Station or stand marked “Extra Stand”). Such use of the Bicycle is not subject to a fee. If the User uses the Bicycle, he/she is liable for any damages caused and is not entitled to exercise the claims arising from the defective provision of the Service.

  • (xi) it is forbidden to ride a Bicycle without holding the handles, to hold on to a motor vehicle, give a ride to several people on one Bicycle, ride on rails and carry items in your hand or other people.

  • (xii) it is not advisable to ride the Bicycle after adverse weather conditions or when there is reduced visibility, during adverse weather conditions, and to make calls or use headphones.

  • (xiii) it is recommended to ride cycling trails while wearing helmets and reflective elements and indicate change of direction to other road users.

  • (xiv) The Bicycle is only allowed to be used by the User unless these GTC’s explicitly provide otherwise.

  • (xv) it is forbidden for more than 1 (in words: one) person to ride a Bicycle as well as carrying other people or animals on the Bicycle.

  • (xvi) any items transported on the Bicycle should always be secured in such a way that they do not cause damage to the Bicycle or to third parties or other things.

  • (xvii) it is forbidden to make any changes to the Bicycle with the exception of the seat adjustment. Attaching a child seat to a bicycle is done only at the User’s own risk, who is responsible for its correct installation and use.

  • (xviii) if the Bicycle is used outside the city, the User is required to use a helmet in cases provided for by law. The helmet is not part of the Bicycle equipment, so the User is required to provide it him/herself.

  • (xix) The User acknowledges that the load capacity of the Bicycle is max. 120 kg and the load capacity of the basket placed on the Bicycle is max. 10 kg.

  • (xx) the use of the Bicycle is solely the User’s responsibility in regards to the selected route and places of riding or the suitability of the path.

  • (xxi) in the event that, for reasons on the User’s side, there is an imposed fine or other penalty related to the use of the Service, in particular, non-compliance with the legislation on a section of road traffic, the User is responsible for its fulfillment to the fullest extent.

3.8. Unless expressly agreed otherwise with the Operator, 1 (in words: one) a Regular User can buy an unlimited number of programs at one time, while one program at one time can be conferred for just one bicycle.

3.9. In the event that the User rents multiple Bicycles at the same time according to Point 3.8, he/she is responsible for familiarizing the people who will use the rented Bicycle with these GTC’s as well as the observance of these GTC’s by these people. Damage to Bicycles or Docking Stations by these people is the responsibility of the Regular User, who has allowed them to use the Bicycle.

3.10. In the event that the User allows their actions or omission of actions, the use of the Bicycle by a third party in breach of these General Terms and Conditions, he/she is responsible for any damages whatsoever caused to the Operator, including any damage caused by the third party toward the third party.

3.11. The Regular User is entitled to use the Bicycle within a paid Pre-Payment within the time limit set in the Price List valid at the time of his/her registration. If the ride exceeds the set time limit, the cost of the ride over the specified time will be charged from the Credit according to the Price List.

3.12. At the same time, one User can only use one type of Service (the User cannot have a daily ticket as well as a monthly ticket).

IV. PARKING AND RETURN OF BICYCLES

4.1. The Bicycle must always be returned in accordance with these General Terms and Conditions; unless otherwise stated, it must be returned no later than 24 (twenty-four hours) from its unlocking.

4.2. If you are temporarily not riding on the Bicycle, but it has not been returned, it is necessary to lock it by locking the Bicycle to the designated point or other location to allow proper locking and the prevention of damage.

4.3. The Bicycle can never be placed or parked in such a way as to endanger the safety or flow of traffic, the health or the life of people or cause any damage.

4.4. Upon the end of the rental, the Bicycle must be returned to any Slovnaft BAjk docking station. The Bicycle’s front wheel has to be inserted into the marked position on the docking stand and locked with the Bicycle’s locking mechanism. The sound signal and “LOCKED” information on the Bicycle display confirm the correct locking and end of the rental.

4.5. If there is no free docking stand at the destination docking station, you need to lock the Bicycle with the substitute stand labeled “EXTRA STAND”. If it is not possible to return the Bicycle at the destination stand in the way specified in the previous sentence, the User is required to return the Bicycle to the nearest possible free docking station or substitute stand. The availability of places for returning the Bicycle can be verified on the Website or in the Application. Upon the proper locking under this provision of the General Terms and Conditions, the rental of the Bicycle will be terminated.

4.6. In the event that the Bicycle is not properly returned by one of the methods described above, the charging period continues until the moment of its proper return and locking.

V. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The User is responsible for the proper performance of the obligations arising from the generally binding legal regulations and these General Terms and Conditions. In the event that a breach of law or of the General Terms and Conditions causes damage (property, health, life, or otherwise) to the Operator or a third party, the User shall be liable to the fullest extent for such damage.

5.2. The User uses the Services and always uses the Bicycle under his/her own responsibility.

5.3. The Operator is not responsible for the use of the Bicycle by people who are not eligible under these General Terms and Conditions or applicable legislation.

5.4. The User may use the Bicycle exclusively for his/her needs and is not entitled to allow its use by a person who has not fulfilled the conditions for use set forth in these General Terms and Conditions.

5.5. The User is not authorized to provide the PIN code or other access data for the use of the Bicycle assigned to him/her by the Operator to another person except those who will use the Bicycle if the User rents more Bicycles in accordance with these GTC’s. The User is required to take steps to keep the PIN code secret so that it cannot be used by an unauthorized person.

5.6. The Operator is entitled to refuse registration, terminate registration, or not allow the use of the Services by a person who has breached the conditions set forth in these General Terms and Conditions, caused damage to the Bicycle, or the health, life or property of another person not demonstrated to be authorized in the usage of the Bicycle.

5.7. In the event of an accident or any other damaging incident, the User is obliged to inform the Operator immediately by means of the Infoline or the Operator’s contact email on the Website or in the Application as well as the relevant institutions or authorities, in particular the police.

5.8. The User is obliged to inform the Operator through the Infolink or the Operator’s contact email on the Website or the Application on changing the data necessary for the provision of the Service, mainly by changing the e-mail address or telephone number.

VI. COMPLAINTS ABOUT THE SERVICE OR DEFECTS

6.1. All information regarding complaints, lodging of grievances or incentives is contained in the Complaint Policy, which is appended to these General Terms and Conditions.

6.2. In the event that on the Infoline there is reported information, which is, in accordance with the applicable laws, General Terms and Conditions or the Complaint Policy, a complaint, incentive or grievance, the procedure specified in the Complaint Policy shall apply.

VII. DURATION OF RENTAL AND ITS END

7.1. The Partial Rental Rental Agreement between the One-time User and the Operator is considered to be the moment when the One-time User pays a fee for the use of the Service in accordance with these General Terms and Conditions. Unless otherwise specified by these GTC’s, the Partial Rental Agreement under the preceding sentence shall terminate at the time of the proper return of the Bicycle to a designated location pursuant to Article IV of these General Terms and Conditions.

7.2. The Partial Rental Agreement between the Regular User and the Operator is concluded for a period of time determined for the type of the Pre-Payment that the Regular User chooses during registration - a year or a month. The Agreement is considered to be the moment of conclusion when the Regular User pays a fee for the use of the Service pursuant to these GTC’s. Unless otherwise specified by these GTC’s, the Rental Agreement under the preceding sentence will expire after the expiration date for the selected Pre-Payment type.

7.3. As long as the Partial Rental Agreement is concluded for a fixed period of time, this contract cannot be terminated.

7.4. The User expresses his/her explicit consent to the commencement of the provision of the Service before the expiration of the withdrawal period in accordance with Section 7 of the Act. The Operator hereby instructs the User that, by granting consent to the start of the provision of the Service before the expiry of the withdrawal period under the preceding sentence, he/she loses the right to withdraw from the Agreement upon the full provision of the service. By accepting these GTC’s the User confirms that he/she has been properly instructed.

7.5. At the same time, the User acknowledges that, since he/she has requested to start providing the services during the withdrawal period, he/she has the obligation to pay the Operator the price for the actual provision fulfilled by the day he/she announced his/heer decision to withdraw from the contract. In accordance with Section 3, Par. (1) (j) of the Act, the User as a consumer is obliged to pay the price for the actually provided fulfillment by the Operator before the date of delivery of the notice of withdrawal from the agreement. Since the cost of providing the Service is substantially higher, the User undertakes to reimburse the Operator, in the event of withdrawal under the preceding sentence, for the price actually provided, corresponding to the amount of the rental at the amount determined by the Price List.

7.6. Unless otherwise specified above and if the Partial Rental Agreement is considered to be a remote contract under applicable law, the User is entitled to withdraw from the Partial Rental Agreement within 14 (in words: fourteen) days from the date of such an agreement. The withdrawal period will expire after 14 (in words: fourteen) days after the date of the conclusion of this agreement. The agreement is deemed to be concluded at the moment specified in Point 7.1 or 7.2 of these General Terms and Conditions.

7.7. In exercising the right of withdrawal, the User informs the Operator of his/her decision to withdraw from the Partial Rental Agreement by sending

  1. an unambiguous written statement on withdrawal from this Agreement to the address of the Operator’s registered office: Slovnaft Mobility Services, s.r.o., Vlčie hrdlo 1, Bratislava 824 12 or to another address of the Operator registered in the Commercial Register of the Slovak Republic as current at the time of sending the withdrawal. For this purpose, the template for withdrawal from the appendix, which comprises Appendix No. 3 of the General Terms and Conditions.

  2. a template for withdrawal from the agreement or any other unambiguous declaration of withdrawal, as well as electronically through the Website. In the event that the User makes use of this possibility, the Operator will immediately acknowledge its acceptance of the withdrawal by sending an e-mail to the e-mail address he/she has specified when filling out the form.

7.8. The period specified for withdrawal is retained if the User sends a notice on the exercising of the right of withdrawal before the expiry of the period of withdrawal from the agreement.

7.9. The User is also entitled to withdraw from the Partial Rental Agreement for the reasons stated in the applicable legal regulations, these General Terms and Conditions and the Complaint Policy.

7.10. It is obligatory for the User to send the withdrawal from the agreement in writing by sending a written copy of the withdrawal in accordance with Point 7.7 of these General Terms and Conditions. As part of the withdrawal, he/she must unmistakenly indicate their identification data and the reason for withdrawal from the agreement. The agreement is canceled at the moment of the proper delivery of the withdrawal to the Operator. The withdrawal form is Appendix No. 3 of the General Terms and Conditions and will be available to the User simultaneously on the Website and in the Application.

7.11. A prerequisite for withdrawal from the Partial Rental Agreement is that the rented Bicycle has been properly returned in accordance with these General Terms and Conditions.

7.12. The Operator may withdraw immediately from the Partial Rental Agreement with the User without giving an additional time limit to fulfill the breaching of obligations if the breaching of his/her obligations, according to these General Terms and Conditions, incur damages to the Operator, mainly damage to the Bicycle or Docking Stand,

  • (i)

  • (ii) The User does not return the Bicycle properly in accordance with these General Terms and Conditions.

  • (iii) The User revokes his/her consent to the processing of personal data pursuant to Appendix No. 2 to these General Terms and Conditions or in accordance with applicable legislation to the extent that the provision of the Service is no longer possible.

7.13. In cases not specified in Point 7.12 of these GTC’s, the Operator may withdraw from the Partial Rental Agreement due to the breaching of the User’s obligations set forth in these General Terms and Conditions, unless additional fulfillment of the breached obligation has occurred within an additional reasonable period (maximum 30 (in words: thirty) days) determined by the Operator.

7.14. The Operator is obliged to send the eventual withdrawal from the agreement to the e-mail address of the User indicated during registration and to state the reason for withdrawal in the withdrawal from the agreement. The agreement is canceled by the delivery of the withdrawal from the agreement to the User.

7.15. With regard to the nature of the Service provided, there is no indication that if the consumer withdraws from the agreement, he/she will bear the cost of returning the goods according to Section 3, Par. (1) i) of the Act.

7.16. In the case of withdrawal from the Partial Rental Agreement for reasons of breaching the Operator’s obligations, the User will be reimbursed the amount of the paid rental or its proportional part. The specified payments will be refunded to you without undue delay, no later than 14 days from the date on which the Operator’s notice of withdrawal from the agreement was received. Their payment will be executed in the same way as the one used to pay for the Service if the User expressly disagreed with another payment method, without the charging of any additional fees. Payments for transactions that have been duly paid before withdrawal from the agreement and mutually consumed are not reimbursed.

VIII. FEES AND PAYMENT CONDITIONS

8.1. All costs associated with the use of the Services, in particular the Pre-Payment, Credit, Deposit and prices for the rental of the Bicycle are listed in the Operator’s Price :ist, available on the Website, in the Application, and in any place where the rental of the Bicycle is available.

8.2. The Operator is entitled to change the prices listed in the Price List, the change being effective at the moment of publishing the changed version of the Price List at the locations mentioned in the previous point of the GTC’s. The specified does not apply to the payment of the Pre-Payment, the price of which is valid for the whole period for which the the Pre-Payment has been paid.

8.3. The payment for the use of the Services is possible only as a non-cash online payment through payment cards specified by the Operator, such as Mastercard, Maestro, VISA, VISA Electron, Diners Club, JCB, UPI (UnionPay) or others specified by the Operator in the Price List.

8.4. Only the User is responsible for using the respective payment card. By using the card, the User is deemed to be authorized to use it. The Operator is not responsible for the use of a counterfeit credit card, stolen or corporate card.

8.5. The User is entitled to report possible objections to the settlement of the payment to the relevant Infoline in accordance with the Complaint Policy.

8.6. In the case of a 24-hour (in words: twenty-four-hour) ticket, you can use the Service for a total of 12 (in words: twelve) hours for the specified 24 (in words: twenty-four) hours or other time specified in the Price List. After exceeding the specified period, the amount will be credited in favor of the Operator from Deposit and according to the resultant price of the ride pursuant to the Price List.

8.7. In the case of payment of the Service used by the One-time User based on a minute fee, each term is 6 (in words: six) minutes.

IX. PERSONAL DATA PROTECTION

9.1. For the purpose of using the Service the User consents to the processing of his/her personal data and other data in accordance with the Agreement with the Processing of Personal Data, which comprises Appendix No. 2 of these General Terms and Conditions.

X. MAILING OF NEWSLETTERS

10.1. The User, in accordance with the provisions of Section 3, Par. 3 of Act No. 147/2001 Coll. on Advertising and on Amendments to Certain Acts, as amended, and in accordance with the provisions of Section 62 of Act No. 351/2011 Coll. on Electronic Communications, as amended, hereby grants to the Operator consent to the mailing of “newsletters” (information regarding the Services or, where applicable, services or goods of third parties) to the e-mail address specified by the User upon registration.

10.2. The revocation of consent according to Point 10.1 of these GTC’s may be reported to the Infoline or, as the case may be, cancelling the collection of newsletters in the manner specified in the e-mail message in which the newsletter is delivered.

XI. ALTERNATIVE DISPUTE RESOLUTION AND SUPERVISORY BODIES

11.1. The User has the right to submit a proposal for alternative dispute resolution pursuant to Act No. 391/2015 Coll. on the Alternative Dispute Resolution of Consumer Disputes and on Amendments to Some Acts, as amended. The User has the right to contact the Operator with a request for redress if he/she is not satisfied with the manner in which the Operator handled his/her complaint or if he/she believes that it has breached his/her rights. The User has the right to file a proposal for the initiation of alternative dispute resolution if the Operator has responded or rejected his/her request by 30 (in words: thirty) days from the date of its sending.

11.2. The list of alternative dispute resolution entities can be found on the website of the Ministry of Economy of the SR: http://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1.

11.3. At the same time, on its website www.slovnaftbajk.sk the Operator also refers to the Consumer Dispute Resolution Platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=SK.

11.4. The supervisory authority is Slovak Trade Inspection, the SOI Inspectorate for the Bratislava Region, with its registered office at Prievozská 32, P.O. Box 5, 820 07 Bratislava 27.

XII. FINAL PROVISIONS

12.1. By registering, the User expressly agrees to these General Terms and Conditions and their appendices and undertakes to abide by them.

12.2. Unless otherwise specified by law, the Operator is entitled to change the provisions of these General Terms and Conditions at any time, the change being effective at the time of publication of their new wording on the Website and the Application. Any change does not affect the provisions on the price of the Pre-Payment or Deposit applicable at the time of registering the respective User.

12.3. Any communication between the User and the Operator must be in Slovak unless expressly stated otherwise in these General Terms and Conditions or by the Operator.

12.4. These General Terms and Conditions as well as the rights and obligations of the parties arising therefrom are governed by the laws of the Slovak Republic.

12.5. The Appendices of these General Terms and Conditions are:

  1. The Complaints Policy

  2. Personal Data Processing

  3. Form for the Withdrawal from the Agreement

12.6. These General Terms and Conditions shall enter into force and effect on 7 September 2018.

APPENDIX NO. 1 TO THE GENERAL TERMS AND CONDITIONS FOR THE USE OF THE BICYCLE AND USE OF THE Slovnaft BAjk SERVICE

COMPLAINTS POLICY of Slovnaft Mobility Services, s.r.o.

I. INTRODUCTION

Slovnaft Mobility Services, s.r.o., in providing services under the BAjk sharing service in Bratislava, capital of the Slovak Republic, proceeds in accordance with the provisions of the relevant legislation, in particular Act No. 40/1964 Coll. of the Civil Code as amended, the provisions of Act No. 250/2007 Coll. on Consumer Protection and on Amendment of the Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended, Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a remote contract or agreement concluded outside the premises of the seller and on amendments and supplements to certain acts as amended by later amendments.

Due to the specific characteristics of the services provided, this Complaint Policy regulates the procedure for complaining about the quality of the services provided by Slovnaft Mobility Services, s.r.o. when providing services within the bikesharing service “Slovnaft BAjk” in Bratislava, the capital of the Slovak Republic.

With this Complaint Policy, the Operator informs the User of the extent, conditions and manner of carrying out a complaint, including the details of where the complaint can be carried out.

This Complaint Policy is located in a visible place accessible to the User by its publication on the Operator’s website www.slovnaftbajk.sk as well as in the Application and Service Providers - Smart Docking Stations.

II. GENERAL PROVISIONS AND INTERPRETATION OF THE TERMS

2.1. For the purposes of this Complaint Policy, the following terms have the following meanings:

  • (i) Application is the mobile application of the Slovnaft BAjk App or other such application created and made available for the purpose of providing the Services.

  • (ii) Bicycle means a specialized means of transport designed for the purpose of providing Pedal-Driven Services on which two wheels are mounted on a rigid frame. For the purposes of this Complaint Policy, the so-called smart bicycle is equipped with a GPS locator and, optionally, electric bicycles or other bikes included by the Operator in BAjk sharing system. For the purposes of these General Terms and Conditions, Bicycles means all their accessories, in particular control electronics and electronic docking devices.

  • (iii) Price list is the price list issued by the Operator for the purpose of providing the Services, which is available on www.slovnaftbajk.sk as amended, in the Application as well as in the locations of the Service, especially on Smart Docking Stations.

  • (iv) Docking stations are docking stations designed for parking the Bicycles, smart docking stations with a terminal enabling the payment of the Service or registration. For the purposes of the General Terms and Conditions, docking stations include substitute stands called “extra stands” enabling Bicycle parking as well as the software located in the docking stations, allowing for registration or payment.

  • (v) The Operator is Slovnaft Mobility Services, s.r.o., with its registered office: Vlčie hrdlo 1, 824 12 Bratislava, ID: 51 632 187, registered in the Commercial Register of the Bratislava I District Court, Section:<0} Sro, File No. 127285/B

  • (vi) Complaint policy is the complaint policy of the Service issued by the Operator and published in the Application, on the Website www.slovnaftbajk.sk and also anywhere where the Service is provided, which governs the conditions for complaining about the Service, the method of filing and handling a complaint, liability for defects, the method for carrying out and handling a complaint, the time limit for filing and handling a complaint, rejecting complaints, entitlement from recognized complaints and so on. The Complaint Policy is an Appendix to these General Terms and Conditions.

  • (vii) Service or Services means the provision of services related to the automated renting of Bicycles, on the basis of which the Operator permits the User to temporarily use the Bicycle in accordance with the availability under the terms and conditions set forth in these General Terms and Conditions (bikesharing).

  • (viii) The User is a natural person - a consumer who has fulfilled or intends to meet the conditions set out in the General Terms and Conditions for the use of the Service, in particular the payment of the cost of using the Service.

  • (ix) Designated person is Dopravný podnik Bratislava, joint-stock company, with its registered office: Olejkárska 1, 814 52 Bratislava, ID: 00 492 736, registered in the Commercial Register of the Bratislava I District Court, Section: Sa, File No. 607/B

  • (x) General Terms and Conditions are the General Terms and Conditions for using bicycles and using the Slovnaft BAjk service defining the basic rights, obligations and conditions of use of the Services issued by the Operator.

  • (xi) The agreement is the rental agreement between the Operator as the lessor and the User as the lessee under the terms set forth in these General Terms and Conditions, which for this purpose, together with the appendices to the General Terms and Conditions, lay down the terms and conditions of the temporary rental relationship for Bicycles.

  • (xii) Consumer Protection Acts are Act No. 250/2007 Coll. on Consumer Protection and on the amendment of the Act of the Slovak National Council No. 372/1990 Coll. on Offenses as amended and Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a remote contract or agreement concluded outside the premises of the seller and on the supplementation and amendment of certain acts as amended by later regulations.

2.2. By concluding the Agreement, the User expresses his/her consent to this Complaint Policy and undertakes to comply with it as part of the Agreement.

III. LIABILITY OF THE OPERATOR FOR SERVICE DEFECTS

3.1. The Operator is liable for defects in the Services in accordance with applicable laws, the General Terms and Conditions and this Complaint Policy. Defects are understood to mean cases where the Service does not meet the quality requirements of the Service offered in accordance with the nature of the Service offered and/or is not provided in accordance with applicable law or the General Terms and Conditions. Service defects particularly mean:

  • (i) failure to provide the Service in a timely manner in accordance with the General Terms and Conditions, in particular the non-delivery of the PIN to unlock the bicycle despite the proper meeting of all of the User’s obligations,

  • (ii) failure to make payment for the Service or making a payment in a different amount than the Price List,

  • (iii) a defect of the Bicycle or Docking Station not caused by the User before beginning the provision of the Service or during the provision of the Service.

3.2. A complaint according to this Complaint Policy is not the submission of the User as to his/her dissatisfaction with the Services provided, which is not a defect in accordance with the applicable rules or this Complaint Policy, or the dissatisfaction with the process of handling a grievance or complaint itself, if the Complaint Policy or applicable law on consumer protection, do not provide otherwise (hereinafter referred to as “Grievance”).

3.3. The Operator is not responsible for defects in the Service caused by circumstances excluding liability.

3.4. The services provided by the Operator on behalf of business partners are subject to the complaint policies of these business partners (subcontractors).

3.5. The Provider is not liable for any incorrect data provided by the User in the complaint he/she has made.

3.6. Any complaint that will prove that the Operator has breached applicable law, the General Terms and Conditions or the Agreement concluded with the User or that it has contradicted them shall be considered to be justified. A complaint shall be deemed to be a valid complaint even if the Operator does not properly inform the User of the outcome of the complaint within the specified time limit according to this Complaint Policy.

3.7. In the event that the complaint concerns the correctness of the payment for the Service price or the execution of the payment, until the proper handling of the complaint, the Operator is not obliged to refund the rejected payment for the Service to the User.

3.8. Complaints are handled by the Operator. The determined person is also entitled, to the extent set forth in the applicable legislation, to deal with the submissions related to the complaint, mainly to receive the relevant submissions, to instruct the User of his/her rights, to provide him/her with a receipt to accept a complaint or to accept the User’s decision on how to handle the complaint.

3.9. The Complaint Policy does not provide data on warranty repairs since it is about the provision of services in respect of which, in view of their nature, warranty repairs are not available.

IV. TERMS AND METHODS OF CARRYING OUT A COMPLAINT

4.1. The User is obliged to complain about a defect in the Services without undue delay after the defect of the Services has been detected, no later than 30 (in words: thirty) days from the day when the complained-about event occurred.

4.2. A complaint can be made by sending an e-mail to the e-mail address [email protected], by phone on tel. +421 2 5950 5950 or via the contact form on the website www.slovnaftbajk.sk.

4.3. The complaints must include:

  • (i) identification of the complaining User in the scope of: name, surname, place of residence, date of birth, e-mail address, telephone number
  • (ii) a description of the complained-about defect, its place of occurrence and its manifestations
  • (iii) indication of the date when the complaint was made
  • (iv) the proposed method of resolving the complaint.

4.4. The User is required to provide a document (the original or a photocopy to verify its compliance with the original) of the complained-about Service demonstrating its provision (in particular the invoice), unless the complaint concerns the failure to provide a receipt for the Service. In the case of a complaint made by e-mail or through the contact form pursuant to Point 4.2, the document is required to be submitted simultaneously with the sending of the complaint and in the case of a complaint made by telephone, it is required to submit this document no later than 3 (in words: three) days after the call.

V. RECEIVING OF COMPLAINT

5.1. The Operator or Designated Person shall acknowledge receipt of the complaint:

  • (i) in the case of a complaint sent by e-mail by sending an e-mail to the address expressly presented by the User in the e-mail message, otherwise to the e-mail address from which the User sent the complaint,

  • (ii) in the case of a complaint made by phone by sending an SMS message to a phone number expressly presented for this purpose by the User during the telephone call, otherwise to the telephone number from which the call was made,

  • (iii) in the case of a complaint made through the contact form by sending an e-mail to the address expressly indicated by the User in the contact form for this purpose.

5.2. The Operator shall deliver to the User a confirmation on the carrying out of the complaint, which has been delivered in any of the methods specified in Point 5.1 of this Complaint Policy immediately upon delivery/receipt of such a complaint. The specified confirmation is only a confirmation by the Operator on the delivery of the carried out complaint, not the recognition of a complaint or other similar action.

5.3. On the basis of a properly executed complaint in accordance with these Complaint Policy, the Complaint Procedure begins. A properly complaint shall be deemed to be the delivery of a complaint containing all of the elements provided for in these Complaint Policy, including proof of provision of the Service pursuant to Section 4.4 of this Complaints Policy.

5.4. Part of the acknowledgment of the receipt of the complaint will also be the instruction of the User about his/her rights pursuant to Section 18, Paragraph 4 of Act No. 250/2007 Coll. on Consumer Protection and on Amendment of the Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended. Also, the User’s suggestion on how to handle the complaint will be included in the confirmation.

VI. METHOD OF HANDLING COMPLAINTS

6.1. The Operator is entitled to refuse a complaint if it is not submitted in accordance with this Complaint Policy or applicable law, in particular if:

  • (i) the submission of the User is not a complaint under applicable law or the Complaint Policy, especially if it is a Grievance,

  • (ii) The User submitted a complaint after the time for submitting a complaint,

  • (iii) The complaint does not meet the requirements set forth by the applicable laws and regulations, according to Points 4.2 and 4.3,

  • (iv) The User has not demonstrated that the complaint relates to the Service provided by the Operator,

  • (v) The User has not provided the Operator with the information or documentation according to Point 7.1, and without providing it, it is not possible to properly process the complaint,

  • (vi) The complained-about defect was caused by the act or omission of an act by the User, especially in the case of breaching the General Terms and Conditions or its appendices.

6.2. The Operator will inform the User of the grounds for declining the complaint in accordance with Point 5.1 of this Complaint Policy.

6.3. If the submitted complaint meets the prerequisites provided for by the relevant legislation and this Complaint Policy, the Operator shall assess its justification.

6.4. In the case of the acknowledgment of the eligibility of a complaint by the Operator, the Operator shall inform the User of his/her rights in accordance with Section 619 et seq. of the Civil Code, and on the basis of a decision by the User, who is exercising these rights, shall determine the manner in which the complaint is provided in accordance with this Complaint Policy and the relevant legislation. The method of complaint handling will be carried out immediately, in complex cases no later than 3 (in words: three) business days from the date of the correct carrying out of the complaint. In justified cases, especially if required by a complex technical assessment of the condition of the product, no later than 30 (in words: thirty) days from the date of the correct carrying out of the claim.

6.5. After determining how the complaint is handled, the complaint will be immediately handled, and in justified cases the complaint can be handled later; however, the handling of the complaint may not take longer than 30 (in words: thirty) days from the date of carrying out the complaint. Upon the expiration of the period for the handling of the complaint, the User is entitled to withdraw from the Agreement or has the right to exchange the defective Service provided for properly provided Service.

6.6. The Operator informs the User on the handling of the complaint in the manner described in Point 5.1 of this Complaint Policy, and the handling will be provided with a written proof of how the complaint will be handled within 30 (in words: thirty) days of the date of the complaint. Written evidence of how the complaint is handled according to the previous sentence will be sent in accordance with Point 5.1 of the Complaint Policy.

VII. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. In the context of the complaint procedure, the Operator may request from the User further relevant information and documentation needed to properly handle the complaint. For this purpose, the User is obliged to provide the Operator with the necessary assistance. The time limit for completing the information/supporting documents shall not be counted against the time limit for handling the complaint according to this Complaint Policy or applicable law.

7.2. If the User is not satisfied with the outcome of the complaint or the way it is handled, he/she may apply his/her claims under the applicable laws.

7.3. The right of the User as a consumer to claim damages under applicable legislation is not affected by the handling of the complaint.

APPENDIX NO. 2 TO THE GENERAL TERMS AND CONDITIONS FOR THE USE OF THE BICYCLE AND USE OF THE Slovnaft BAjk SERVICE

Personal Data Protection

Spoločnosť Slovnaft Mobility Services, s. r. o., with registered office at Vlčie hrdlo 1, 824 12 Bratislava, ID: 51 632 187, registered in the Commercial Register of the District Court of Bratislava I, Section Sro, File No. 127285/B, e-mail: [email protected] (hereinafter referred to as the “Company”) for the purpose of providing services related to the automated rental of bicycles, under which the Company allows users to temporarily use bicycles for short periods under the conditions set out in the relevant documents, in particular the General Terms and Conditions (hereinafter only as "Bikesharing") processing the following personally identifiable information about the Data Subject who is or intends to use the Bikesharing services (hereinafter only as "the Customer"):

  • a) name and surname,
  • b) address of permanent residence,
  • c) date of birth,
  • d) nationality,
  • e) e-mail address:
  • f) telephone number,
  • g) GPS location of customer while riding a bicycle,

In case of not providing personal data required for registration and the provision of the Bikesharing Service in the scope of name and surname, permanent address, date of birth, nationality, e-mail address, phone number and GPS location of the customer while riding a bicycle, it is not possible to provide a Bikesharing service to the Customer.

I. SCOPE, PURPOSE, METHOD AND TIME OF PROCESSING OF PERSONAL DATA PROCESSING OF PERSONAL DATA FOR THE PURPOSES OF PROVIDING THE BIKESHARING SERVICE

1.1. The Company processes personal data in the scope of name and surname, permanent address, date of birth, nationality, e-mail address and telephone number, for the purpose of providing the Bikesharing service,

  • (i) customer registration to provide the Bikesharing service,
  • (ii) providing the Bikesharing service,
  • (iii) issuing an invoice for the provision of the Bikesharing service and fulfilling the remaining accounting, payment and tax obligations in relation to the Customer’s payment for the service,
  • (iv) processing, and handling of complaints submitted by Customers as part of the provision of the Bikesharing service or processing withdrawal from the agreement with the relevant Customer.

The Customer acknowledges that personal data may be provided to the extent necessary to the Subcontractor of the Operator for the purpose of providing the Bikesharing Service or handling of a Customer complaint and relating to the part of the Bikesharing service provided by that subcontractor. The specified data shall be processed and retained for at least the duration of the Customer’s registration, but for a maximum period of time determined by applicable legislation necessary for retaining the data for the proper handling of a complaint and for the purposes of meeting the accounting and tax obligations or for the period necessary to enforce the legal claims resulting from Bikesharing services, for at least 3 years. After the Customer’s valid registration has expired and the aforementioned period expires, the Customer’s personal information is deleted. The Company processes the abovementioned personal data for the abovementioned purpose on the legal basis of the processing of personal data necessary for the performance of the contract - a contract concluded under the General Terms and Conditions for Bicycle Use and Use of the Bikesharing Service, which is Appendix No. 2 of this document Personal Data Protection (hereinafter referred to as "General Conditions") and to which the Customer is a Contracting Party. The Customer acknowledges that in the event of failure to provide the personal data referred to in Point 1.1 of this document, it is no longer possible to provide the Bikesharing service and therefore, in such a case, the Company is entitled to withdraw from the contract under which the Bikesharing service is provided.

1.2. Personal data within the scope of the GPS localization of the bicycle (and hence the Customer) when cycling (tracking and recording of the bicycle’ position), which the Company processes for the purpose of safeguarding the Company’s property (bicycle) and preventing its loss or theft as well as tracking of the route of Customers, the number of kilometers traveled and the number of calories burned for the purposes specified in Point 1.3 of this document. At the same time, in order to provide the Customer with information about the length of his/her bicycle trip per km and a visual representation of the route being taken.

The Company processes the abovementioned personal data for the purposes of securing the Company’s property (bicycle) on the legal basis of the processing of personal data necessary for the legitimate interests of the Company.

Personal data processed for this purpose shall be erased immediately from the end of the valid customer registration or for as long as the abovementioned revoking of consent to the processing of personal data does not arise. Personal data will be retained for the longest time necessary to enforce the legal claims arising from the bikesharing service, i.e. at least 3 years. During the registration period, the personal data is also displayed in the Customer’s user account as a history of his or her rides.

The Company processes the abovementioned personal data for the purpose of securing the Company’s property - in particular the bicycle and the provision of information to the Customer about the length of his/her route traveled on the bicycle in km and a visual representation of the route traveled on the legal basis of the Customer’s consent with the processing of his/her personal data for this purpose.

 

II. CUSTOMER INFORMATION RELATED TO THE PROCESSING OF PERSONAL DATA

Each Customer may exercise the following rights to the processing of his/her personal data:

2.1. The right to revoke consent to processing

The Customer has the right at any time to revoke the processing of personal data concerning him/her, to which he/she has granted his/her consent. If the Customer revokes his/her consent, this does not affect the lawfulness of the processing of personal data processed before the revoking of consent. The Customer may revoke the consent in the same manner as its granting or by sending a notification of revoking of consent to the e-mail address [email protected]

2.2. Right of Access to Personal Data

The Customer has the right to obtain from the Company a confirmation that personal data concerning him/her is being processed. In this case, the Customer has the right to access his or her personal data and information about

  • the purpose of processing the personal data
  • the category of processed personal data
  • the expected retention period of personal data; if this is not possible, information on the criteria for its determination
  • the source from which the personal data originates if it was not provided by the Customer
  • to require the Operator to correct the personal data relating to the Data Subject, to erase or restrict their processing, or to oppose the processing of personal data
  • just to file a proposal for the initiation of proceedings with the Office for the Protection of Personal Data of the Slovak Republic and if his/her rights provided for by Act No. 18/2018 Coll. on the protection of personal data are directly affected
  • The Company is obliged to provide the Customer with his/her personal data that it is processing. For the repeated provision of personal data the Customer requests, the Company may charge an appropriate fee corresponding to the administrative cost. The Company is required to provide personal data to the Customer in the manner required by the Customer (e.g. by e-mail)
  • a circle of people who, in addition to the Operator, in accordance with this agreement, work with the Customer’s personal data,
  • the right to obtain personal data under the above paragraph must not adversely affect the rights of other natural persons.

2.3. The Right to Adjust Personal Data

The Customer has the right so that the Company, without undue delay, corrects inaccurate personal data without undue delay. If a Customer considers that a larger scope of personal data is required to meet the specific purpose of the processing of personal data, the Data Subject has the right to supplement incomplete personal data.

2.4. The Right to Deletion of Personal Data

The Customer has the right so that the Company deletes the Customer’s personal data without undue delay, if:

  • personal data are no longer required for the purpose for which they were acquired or otherwise processed
  • the Customer revokes the consent he/she has granted to the processing of personal data and there is no other legal basis for the processing of personal data i.e. the Company processes personal data only on the basis of the Customer’s consent
  • if the Customer objects to the processing of personal data, in particular the GPS localization of the Customer, which is processed due to the legitimate interest of the Company in the protection of property, and it is shown that the Customer’s legitimate reasons for the protection of personal data prevail over the legitimate interests of the Company.
  • if it is demonstrated that the Customer’s personal data is being processed illegally
  • is a reason for the meeting of the deletion obligation according to Act No. 18/2018 Coll. on the protection of personal data, a special regulation or an international agreement to which the Slovak Republic is bound

2.5. The Right to Restrict the Processing of Personal Data

The Customer has the right to restrict the processing of personal data by the Company if:

  • the Customer attacks/protests the accuracy of personal data during a period allowing the Company to verify the accuracy of personal data
  • the processing of personal data is illegal and the Customer requests the deletion of personal data and requests instead to limit their use
  • The Company no longer needs personal data for the purpose of processing personal data but needs its Customer to exercise the legal entitlement
  • the Customer complains about the processing of personal data through the GPS localization of the Customer during cycling processed for purposes of legitimate interest in securing the Company’s property or name and surname, e-mail address processed for the purpose of sending newsletters until the verification or legitimate reasons on the side of the Operator prevail over the Customer’s legitimate reasons, until it has been verified that legitimate reasons on the part of the Company outweigh the Customer’s legitimate reasons.

If the processing of personal data has been limited on the basis of the above, in addition to retention, the personal data may be processed by the Company only with the consent of the Customer or for the purpose of exercising a legal claim, for the protection of people or for reasons of public interest. A Customer whose processing of personal data is limited on the basis of the abovementioned is obliged to inform the Company before the limitation of the processing of personal data is cancelled.

2.6. The Right to the Portability of Personal Data

The Data Subject has the right to obtain personal data relating to him/her, which he/she has provided to the Operator in a structured, commonly used and machine-readable format and has the right to transfer such personal data to another Operator if this is technically possible and does not require the exercising of inappropriate effort while the exercising of this right must not have an adverse effect on the rights of others.

2.7. Right to File a Complaint with the Supervisory Authority

If a Customer claims that his/her rights are directly affected, established by Act No. 18/2018 Coll. on the Protection of Personal Data, he/she has the right to file a proposal for the initiation of a procedure on the protection of personal data with the Office for Personal Data Protection of the Slovak Republic.

2.8. The Right to Object to the Processing of Personal Data

The Customer has the right to object to the processing of his/her personal data in cases of processing of his/her personal data by the Company, in particular when processing the GPS localization of the Customer when riding a Bicycle due to the legitimate interest of the Company in protecting its property and processing his/her personal data for the purpose of sending newsletters. The Company may not further process personal data unless it demonstrates the necessary legitimate interests for the processing of personal data that prevail over the rights or interests of the Customer or the grounds for exercising a legal claim.

APPENDIX NO. 3 TO THE GENERAL TERMS AND CONDITIONS FOR THE USE OF THE BICYCLE AND USE OF THE Slovnaft BAjk SERVICE

Form for the Withdrawal from the Agreement

SAMPLE FORM FOR CONTRACT WITHDRAWAL

(fill in and send this form only if you wish to withdraw from the contract)

TO WHOM: Slovnaft Mobility Services, s.r.o., with registered office at: Vlčie hrdlo 1, 824 12 Bratislava, ID: 51 632 187, registered in the Commercial Register of the Bratislava I District Court, Section: Sro, File No. 127285/B

Below signed ................................................ (surname and forename), registered office: ......................................... ........, date of birth: ...................................... ...........

I hereby declare that I am withdrawing from the Partial Rental Agreement as the agreement on the provision of Bikesharing Service No. ................................................ concluded with you on ................................................ .

I am withdrawing from the agreement on the grounds that ................................................

In ................................................. on .................................................

________________________________________________________ (Signature of Withdrawer)