General Terms and Conditions of Use

of the Halubike System

Viškovo, September 2018

These General Terms and Conditions of Use of the Halubike System stipulate the conditions of bicycle rental and use, user registration, personal data protection, and other details of the Halubike service.

 

TERMINOLOGY USED IN THESE GENERAL TERMS AND CONDITIONS

  1. The Halubike System is a public bicycle rental system in the area of the Municipality of Viškovo. The owner of the bicycles is the Municipality of Viškovo, Vozišće 3, Viškovo, OIB (tax number): 28350474809.
  2. The Halubike System Manager is Viškovo Tourist Board, Viškovo 31, Viškovo, OIB (tax number): 10440877323. It provides bicycles on its own behalf for the account of the Municipality of Viškovo by entering into a contractual relationship with bicycle users.
  3. A user is an adult natural person who acquires the right to use a bicycle on the basis of a rental agreement or via QRPay code, and who is personally responsible from the moment he or she takes the bicycle from the Halubike terminal slot until the moment the bicycle has been properly returned and registered in the system.
  4. A Halubike terminal is a public bicycle system station which comprises an integrated dock with LCD touchscreen, an advertisement panel, and slots for mountain and electric bikes.
  5. A dock is integrated into a case with a touchscreen, and is located at every station, i.e. terminal. It can be used to check available slots and bicycles, to enter the single-use rental code, and to view general system information.
  6. A slot is a parking space for public mountain or electric bicycles. Every slot has its own padlock and RFID card reader that are used to lock/unlock bicycles.
  7. A bicycle rental card is an RFID card which is assigned to a registered user who has signed a rental agreement in his or her own name. With the card, the user can unlock and use the bicycle.
  8. A single-use code is an alphanumeric code issued by the Halubike System Operator after registration, and provides for the rental of bicycles during the contracted period.
  9. The Halubike System Operator is UTE d.o.o., 52100 Pula, Flaciusova 1, OIB (tax number): 10563743608.
  10. A commission is made up of people appointed by the Halubike System Operator to determine the damage done to a bicycle during its use, in an act of gross negligence, or in the case of theft.

 

1. TERMS AND CONDITIONS OF BICYCLE USE

A bicycle can be used by any adult natural person who owns a valid personal ID card and who has concluded a rental agreement with the Halubike System Manager or who has rented a bicycle using a QRPay code. By accepting these Terms and Conditions, the user hereby declares under full material and criminal liability that he or she is an adult person.

Bicycles from the Halubike System will be available for rent every year from 15 March to 1 November. The period of use may be extended or shortened in accordance with a decision of the Municipality of Viškovo depending on weather conditions.

Bicycles from the Halubike System can be used from 06:00 to 21:00. The user commits to return the bicycle to the allocated spot (the terminal) before 21:00.

At night and in the case of reduced visibility, cyclists riding on a road must wear a reflective vest, reflective cycling clothes or other reflecting marking. From dusk until daylight (i.e. at night), and also during the day in the event of reduced visibility, the white front light and red back light on the bicycle must be switched on in accordance with Traffic Safety Act.

 

2. USER REGISTRATION

2.1. Registration through a rental agreement:

The user can register in person with the Halubike System Manager during the working hours of the Viškovo Tourist Board office at the address Viškovo 31, Viškovo.

The user concludes a rental agreement with Halubike System Manager. By signing the bicycle rental agreement, the user accepts these General Terms and Conditions, confirms that he or she was familiar with them before signing the agreement, and agrees that these should apply together with the agreement. The bicycle rental agreement is signed for a period of one month, except when it is impossible to acquire the right for bicycle use for such a period because the Halubike System stops operating in accordance with a decision of the Municipality of Viškovo. In such cases, the user signs a rental agreement for the period until the Halubike System stops operating and pays a monthly fee based on the valid price list (e.g. if the user wants to conclude a contract on 10 October, and the Halubike System operates until 1 November, the user will sign a rental agreement for the period until the Halubike System stops operating and pay a monthly fee based on the valid price list). After signing the agreement, the user receives an RFID card or an alphanumeric code for the contracted period of time.

The user acquires the right to use the bicycle for a period of one month according to the availability of bicycles at the terminal.

After the expiry of the contract period, the user must return the RFID card, otherwise he or she will be charged an amount for damage or card loss. The amount will be charged from the security deposit in accordance with the valid Halubike System price list.

 

2.2. Registration with a QRPay code:

The user can register directly at a Halubike terminal by using a QRPay code. This method can only be used to purchase a daily ticket. In this case, the user purchases an alphanumeric code for the Halubike service by scanning the QRPay code for an electric or mountain bike located at the docking station. After registering and accepting the General Terms and Conditions, payment is made using the user’s credit card. The same method applies to any subsequent payments due to exceeding the time limit. The use of the QRPay system, on behalf and for the account of Viškovo Tourist Board, is provided by Kupuj online d.o.o. Company and the WSPay online card authorisation and payment system. The bicycle rental agreement shall be regarded as concluded after the General Terms and Conditions have been accepted, the payment has been made, and the invoice has been issued.

Within the meaning of these General Terms and Conditions, a daily ticket is a ticket that can be used in the period from 06:00 to 21:00 in accordance with the restriction referred to in paragraph 4 of the Terms and Conditions and depending on the availability of bicycles at the terminal.

The system accepts the following cards: MasterCard, Visa, Amex, Diners, Maestro and Discover.

QRPay uses the WSPay system for card authorisation and payment.

WSPay is a secure online payment system that supports real time payment by credit and debit card and other payment methods. WSPay guarantees to the buyer and the trader that the card data are entered and transferred in a secure way, which is confirmed by the fact that WSPay has a PCI DSS certificate. WSPay uses an SSL certificate with 256-bit encryption and the TLS 1.2 cryptographic protocol as the highest degree of protection for entering and transferring data.

 

3. ACQUIRING THE RIGHT TO USE A BICYCLE AND STARTING TO USE THE HALUBIKE SYSTEM

3.1. Acquiring the right to use a bicycle by means of rental agreement:

The user can use the bicycle after signing a rental agreement and collecting an RFID card or after receiving an alphanumeric code issued by the Halubike System Manager person in charge.

The Halubike System Manager and the user will conclude a bicycle rental agreement if the conditions for bicycle rental contained in paragraphs 1 and 2 of these General Terms and Conditions have been met. The Halubike System Manager will then provide the user with an RFID card for bicycle rental in line with the valid price list (attached to the General Terms and Conditions), which the user shall keep for the entire duration of the agreement and which will be activated within 24 hours of being issued, or with an alphanumeric code for the contracted period of time, which the user will use to rent the bicycle. When signing the rental agreement, the user is required to pay a security deposit to the amount of 300 kn for a mountain or electric bicycle.

If during the agreement period the user uses the security deposit (partially or in full) due to the reasons stated in paragraph 4.1 of the General Terms and Conditions, the Halubike System Manager shall notify the user via the e-mail address provided in the agreement of his or her obligation to pay any additional deposit amount. Until this amount has been paid, the Halubike System Operator will deactivate the RFID card or alphanumeric code, and the user will not be able to use the Halubike System. The Halubike System Manager shall apply the same procedure if the user uses the bicycle based on a rental agreement, and the damage caused to the bicycle does not exceed the available amount of the deposit according to paragraph 7 of these General Terms and Conditions. This amount will be deducted from the security deposit.

After the expiry of the agreement, the remainder of the deposit will be returned to the user.

When concluding a bicycle rental agreement, the Halubike System Manager shall obtain the following data from the user:

  1. First name and surname
  2. OIB (tax number)
  3. Address (street and house number, area, zip code, e-mail)
  4. Telephone/mobile phone number
  5. IBAN account number for the refund of the remaining amount of the security deposit

 

3.2. Acquiring the right to use a bicycle via QRPay code:

If the user registers for use directly at a Halubike terminal using a QRPay code, he or she first needs to scan the QRPay code located on the dock. The scanning method depends on the type of mobile phone and technology it uses (scanning via phone camera app, QRPay code reader app, etc.)

After scanning the QRPay code for an electric or mountain bike, further instructions for registration will be provided (user’s first name and surname, e-mail, mobile phone number, password, credit card number). After making the payment using the WSPAy secure system, the user receives an alphanumeric code to unlock the bicycle, which he or she enters into the dock, and chooses an available bicycle. The code will unlock the bicycle, and the user can remove it from its slot and start using it.

A QRPAy code can only be used to acquire the right to use a bicycle for a period of one day and not for monthly use.

By accepting the General Terms and Conditions, the user accepts that the manager has the right to reserve anew the full amount of the security deposit by means of card tokenisation in the WSPay secure system in the event that the user has used the deposit partly or in whole due to the reasons stated in paragraph 4.1 of the General Terms and Conditions. The Halubike System Manager is obliged to inform the user of this by using the e-mail address he or she provided when acquiring the right to use the bicycle via QRPay code.

The information collected about the user can be used by the Halubike System Manager only for the needs of the Halubike System and the user as stipulated in these General Terms and Conditions, and in accordance with the signed rental agreement and the General Data Protection Regulation. The rental period begins from the moment when the user places the card to use the bicycle on the indicated spot on the slot or enters the single-use code into the Halubike terminal dock.

 

4. RESTRICTIONS ON THE RIGHT TO USE BICYCLES AND THE HALUBIKE SYSTEM

Halubike bicycles are intended for public use and must be available to as many users as possible. For this reason, a single user can use the same bicycle for a maximum of 180 minutes during one ride, after which the bicycle should be returned to the terminal. The user can use a bicycle several times a day, provided it is returned to the terminal no later than after 180 minutes.

 

4.1. Acquiring the right to use a bicycle by means of rental agreement:

If the user fails to observe the rules for using and returning the bicycle referred to in paragraphs 1 and 4 of the General Terms and Conditions, he or she accepts that the manager has the right to take the following measures:

For exceeding the maximum time limit of one ride (180 minutes), an additional fee will be charged based on the valid Halubike price list. The fee will be charged depending on the length of the time exceeded, and will be charged from the security deposit to the amount of 30 kn for every additional hour. The fee is charged as full hours. A delay of 15 minutes will be tolerated.

In the event the user fails to return the bicycle to the terminal in accordance with paragraphs 1 and 10 of the General Terms and Conditions, an additional fee will be charged based on the valid Halubike price list. The fee will be charged depending on the length of the time exceeded, and will be charged from the security deposit to the amount of 30 kn for every additional hour. The fee is charged as full hours. A delay of 15 minutes will be tolerated.

If the user fails to return the bicycle 24 hours after registration at the Halubike terminal, and fails to comply with paragraph 7 of the General Terms and Conditions, the bicycle will be deemed as stolen, i.e. it will be considered that the user has unlawfully kept the bicycle. In this case, the time period from the expiry of the maximum duration of one ride (180 minutes) until the expiry of 24 hours since registration (a maximum of 21 hours) will be charged as additional time in accordance with the valid Halubike price list, and the fee will be calculated as full hours.

In case the additional time exceeds the amount of the available security deposit, the rest of the amount will be charged and there will be a warning about possible debt enforcement.

 

4.2. Acquiring the right to use a bicycle via QRPay code:

If the user fails to observe the rules for using and returning the bicycle referred to in paragraphs 1 and 4 of the General Terms and Conditions, he or she accepts that the manager has the right to take the following measures:

For exceeding the maximum time limit of one ride (180 minutes), an additional fee will be charged. The fee will be charged depending on the length of the time exceeded, and will be charged from the pre-authorised amount on the user’s credit card to the amount of 30 kn for every additional hour.

The fee is calculated as full hours. A delay of 15 minutes will be tolerated.

In the event the user fails to return the bicycle to the terminal in accordance with paragraphs 1 and 10 of the General Terms and Conditions, an additional fee will be charged. The fee will be charged depending on the length of the time exceeded, and will be charged from the pre-authorised amount on the user’s credit card to the amount of 30 kn for every additional hour. The fee is calculated as full hours. A delay of 15 minutes will be tolerated.

If the user fails to return the bicycle 24 hours after registration at the Halubike terminal, and fails to comply with paragraph 7 of the General Terms and Conditions, the bicycle will be deemed as stolen, i.e. it will be considered that the user has unlawfully kept the bicycle. In this case, the time period from the expiry of the maximum duration of one ride (180 minutes) until the expiry of 24 hours since registration (a maximum of 21 hours) will be charged as additional time, and the fee will be calculated as full hours.

In the event that the additional time exceeds the amount of the available security deposit, the user, by accepting the General Terms and Conditions, accepts that the Halubike System Manager has the right to charge additional time of use or future payment of bicycle use for the reasons specified in section 4.2 of the General Terms and Conditions by tokenising the card via the WSPay safe system, all in line with the valid Halubike price list. The Halubike System Manager is obliged to notify the user of this via the e-mail address provided by the user when acquiring the right to use a bicycle by using a QRPay code.

If the amount available on the user’s credit card is not sufficient or the credit card cannot be charged for any other reason on the user’s part, the Halubike System Manager will notify the user in writing at the address provided when acquiring the right to use a bicycle via QRPay code about the required amount and request payment within a certain deadline with a warning about possible debt enforcement. Until the required amount has been paid, the Halubike System Operator will block the user in question, who will not be able to use Halubike services.

 

5. CONDITIONS OF USE

  1. Within the meaning of these General Terms and Conditions, the bicycle must be used within the administrative boundaries of the Municipality of Viškovo.
  2. The user is personally responsible for observing traffic rules and other legal obligations.
  3. The user has to ride the bicycle with both hands on the handlebars.
  4. The basket on the bicycle can be used to carry items with a maximum weight of 5 kg. When putting items into the basket, one should be careful not to overload the basket and to secure the items to prevent them from falling out during the ride.
  5. The user is not allowed to make any changes to the bicycle.
  6. It is recommended that the user wears a protective helmet.
  7. The user is not allowed to rent out the rented bicycle to a third person. The user is personally responsible for the rented bicycle.
  8. Before using the bicycle, the user must check if the bicycle is suitable for use and if all parts that could affect the safety of the ride (pedals and chain, handlebars, tyres, brakes, lights, etc.) function properly.
  9. Any faults on the rented bicycle that the user notices during its use should be immediately reported to the Halubike System Manager. In such cases, the Halubike System Manager will provide the user with another, functional bicycle, if available.
  10. The user must return the bicycle in the same condition in which it was rented. Any expenses that might occur because the user has failed to comply with this rule shall be borne by the user (e.g. cleaning the bicycle and similar).
  11. During the rental period, the bicycle may not be used:
    1. for transporting any other persons apart from the rider (especially children, for safety reasons)
    2. for riding outside the administrative borders of the Municipality of Viškovo
    3. for transporting inflammable substances or explosive, poisonous or dangerous materials
    4. for taking part in bicycle races or bicycle testing events
    5. in the event of strong wind or bad weather
    6. under the influence of alcohol or drugs.

You can contact the Halubike System Manager every day during working hours.

6. PARKING BICYCLES

When parking a bicycle, the user must observe traffic rules and make sure that the parked bicycle does not affect the safety of others. Users who use electric bicycles on the basis of a signed rental agreement and a received RFID card can lock their bicycles when parking.

It is not allowed to park a rented bicycle:

  1. at a traffic light
  2. in passageways narrower than 1.50 m
  3. in emergency exits
  4. in a way that covers advertising spaces
  5. in houses, courtyards or vehicles
  6. at a parking ticket machine
  7. at traffic signs
  8. at pedestrian crossings
  9. in other inappropriate places.

 

7. DUTIES AND RESPONSIBILITIES OF USERS

The user is responsible for the bicycle from the moment the bicycle is taken out of its slot at the Halubike terminal to the moment when the bicycle is correctly returned and registered in the system. The user should check the indicator on the slot to see if the bicycle has been correctly locked (only then has the bicycle been properly returned).

The user uses the bicycle at his or her own risk.

Before using the bicycle, the user must check if the bicycle is suitable for use and if all parts that could affect the safety of the ride (pedals and chain, handlebars, tyres, brakes, lights, etc.) function properly.

The user takes full responsibility for any damage caused to the bicycle or by the bicycle that he or she is responsible for. This includes damage to third parties and the loss (theft) of the bicycle while being used by the user.

In the case of any damage to or loss of the RFID card, the user is required to compensate for the cost of issuing a new bike rental card in line with the valid Halubike System price list. This amount will be deducted from the security deposit.

If the Halubike System Manager checks the computer system and the condition of the bicycle after it has been returned, and damage is revealed that could only have been caused by the user who used the bicycle last, the Halubike System Manager will contact the user in writing at the address provided by the user when signing the rental agreement or when acquiring the right to use the bicycle via QRPay code, inform him or her about the amount of damage caused, and ask for the damage to be paid for within a certain period of time, and also issue a warning of possible debt enforcement. By way of exception, when the user has signed a rental agreement and the amount of damage does not exceed the amount of the security deposit, the compensation will be deducted from the deposit. Likewise, if the user has rented the bicycle using a QRPay code and the amount of damage does not exceed the amount of the deposit, the compensation will be deducted from the funds previously reserved by pre-authorisation on the user’s credit card.

The user is not liable for damage of which he or she has not been informed by the Halubike System Manager in the described way. The aforementioned does not include damage that has occurred as a result of gross negligence or theft. Gross negligence is any behaviour of the user that does not comply with these General Terms and Conditions, negligent use of the bicycle, deliberate damage to the bicycle, damage to the bicycle caused by gross negligence on the part of the user, leaving the bicycle in prohibited places under paragraph 6 of the General Terms and Conditions, and failure to lock the bicycle resulting in it being stolen.

The user is responsible for any additional damage and expenses that may occur due to his or her failure to cooperate with the commission when determining the damage and/or searching for the person who stole the bicycle or caused the damage.

In the event of damage to the bicycle, the user has to notify the Halubike System Manager as soon as possible.

If the bicycle gets stolen during use, the user must, as soon as possible, notify the Halubike System Manager on +385 (0)51 257 591 or 091 2587 590, Rijeka Police on +385 (0)51 493 110, or the Emergency Call Centre by dialling 112.

 

8. DUTIES AND RESPONSIBILITIES OF THE HALUBIKE SYSTEM MANAGER

The Halubike System Manager guarantees that all bicycles available for rent are in good working order but does not exclude the possibility of failures which may occur through their regular use or the user withholding information.

The Halubike System Manager and the Municipality of Viškovo are not liable for injuries sustained by the user or third persons as a result of using the bicycle.

The Halubike System Manager is not liable for users’ personal possessions transported on the bike.

The Halubike System Manager is also not responsible for damage suffered by the user in the case that he or she does not use the bicycle properly (as described in paragraph 5 of these General Terms and Conditions) or in the case of unauthorised use of the bicycle.

In the event a bicycle is stolen, the Halubike System Manager shall request the case number from the competent body and open a file on the stolen bicycle which must contain the following documents:

  • bicycle value card from the bicycle owner’s business books,
  • agreement with the user from whom the bicycle was stolen during its use,
  • record of the commission about the circumstances under which the bicycle was stolen,
  • report on the bicycle theft to the competent authority.

 

9. NOTIFICATION IN CASE OF EMERGENCY

In the event of a traffic accident, the user shall immediately report the accident to the Halubike System Manager on +385 (0)51 257 591 or 091 2587 590, Rijeka Police on +385 (0)51 493 110, or the Emergency Call Centre by dialling 112. If the user fails to report the accident, he or she will be liable for all damage to the bicycle caused by the accident.

 

10. TERMINATION OF USE AND RETURNING THE BICYCLE

Use of the bicycle terminates the moment the user properly returns the bicycle to the Halubike terminal parking slot. The user is obliged to return/park the bicycle in such a way that it is visible at one of the official Halubike terminals. When returning the bicycle, it must be properly locked and placed in a slot at the Halubike terminal. The user should check the indicator on the slot to see if the bicycle has been correctly locked (only then has the bicycle been properly returned). The locations of all official Halubike terminals are available at the office of the Halubike System Manager, at www.halubike.hr, and can be seen at Halubike terminal docks.

If the user fails to return the bicycle 24 hours after registration to the Halubike terminal and fails to act in accordance with paragraph 7 of the General Terms and Conditions, the bicycle will be regarded as stolen, and the Halubike System Manager will report this to the police at the Second Police Station in Rijeka.

A person found guilty of theft is obliged to pay the purchase price of the bicycle.

 

11. FEES AND PRICES

The fee for Halubike services will be charged based on the price list valid on the day the bicycle is rented at the Halubike terminal in accordance with the 2018 Halubike General Terms and Conditions of Use.

The price list for Halubike services will be applied from 03 September 2018 and published on www.halubike.hr and on the Halubike System Manager website.

 

12. PERSONAL DATA PROTECTION

The data controller is Viškovo Tourist Board, Viškovo 31, Viškovo, telephone number +385 (0)51 257 591 or 091 2587 590. The Halubike System Manager guarantees the confidentiality of personal data made available by the user in any way. Data include first name and surname, OIB (tax number), address, e-mail, credit card number, mobile phone number and IBAN account number for the refund of the security deposit. The Halubike System Manager will not make these data available to anyone except upon the order of a court, state attorney, or law enforcement authority, or when executing other legal obligations.

The Halubike System Manager is responsible for preventing unauthorised or unlawful processing of users’ personal data by third parties. The data that the user has given to the Halubike System Manager when signing the rental agreement on the basis of these General Terms and Conditions may be used only for the purposes determined by these General Terms and Conditions and only for the duration of the contractual relationship between the manager and the user; otherwise the Halubike System Manager shall be liable to the user for any unauthorised use of personal data unless the user has given consent to store the data while there is a specific reason for it.

The user has the right to request from the manager access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to the processing of such data.

In the case that the data subject detects a violation of his or her rights guaranteed by the GDPR, he or she may file a claim or request to determine the violation of such rights with the Personal Data Protection Agency.

The recipient of the data required for fulfilling contractual obligations is the Municipality of Viškovo, Vozišće 3, 51216 Viškovo, when right of use is acquired on the basis of a rental agreement. The data controller will make data available to the Municipality of Viškovo upon request for the purpose of the regular calculation of charges for the provided services.

 

13. OTHER PROVISIONS

Both contracting parties may terminate the bicycle rental agreement at any moment.

The competent court in the event of disputes regarding the use of the Halubike System shall be the Municipal Court of Rijeka.

In the event of any issues not regulated by these General Terms and Conditions, the Civil Obligations Act shall apply.

 

14. PUBLICATION OF GENERAL TERMS AND CONDITIONS

  1. These General Terms and Conditions will be made available in the Halubike System Manager’s office, on the Viškovo Tourist Board website (http://www.tz-viskovo.hr) Viškovo 31, Viškovo, and on the Halubike System website (www.halubike.hr).
  2. For additional information about the Halubike system, Viškovo Tourist Board can be reached by e-mail at info@tz-viskovo.hr or by telephone on +385 (0)51 257 591 or +385 (0)91 2587 590. Other information about Viškovo Tourist Board is available at www.tz-viskovo.hr.

 

English