General Terms and Conditions of Use

of the Halubike System

 

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.
  3. A user is an adult natural person who acquires the right to use a bicycle via QR 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. The Halubike System Operator is UTE d.o.o., 52100 Pula, Flaciusova 1, OIB (tax number): 10563743608.
  8. 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 rented a bicycle using a QR 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 with a QR code:

The user can register directly at a Halubike terminal by using a QR code. This method is used to acquire the right to rent a bicycle according to the available and valid price list. In this case, by scanning the QR code for an electric or mountain bike located at the docking station and registering on the GO2BIKE web app, the user agrees to the general terms of use. By selecting the prepaid top-up option, the user can enter his or her personal data and amounts, and make payments and possible top-ups, etc. by using a credit card. The use of this billing option, on behalf and for the account of Viškovo Tourist Board, is provided by the GO 2 bike d.o.o. company and 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.

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

QR 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 via QR code:

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

After scanning the QR code for an electric or mountain bike, the user is required to enter further details necessary for registration on the GO2BIKE web app (the user’s name, e-mail address, mobile phone number, password, and credit card number). By accepting the general terms of use and selecting the prepaid top-up option, the user can enter his or her data and amounts, make payments and possible top-ups, etc. by using a credit card.

The use of the bicycle is completed after the bicycle has been properly returned to the slot. The amount is then automatically deducted from the user’s prepaid account according to the time of use and the applicable Halubike system price list by using the WSPay secure card payment system. The billing unit used to determine the duration of bicycle rental is 1 minute and the rental is charged according to the exact time of use.

By accepting the General Terms and Conditions, the user accepts that the manager has the right to reserve funds anew by means of card tokenisation via the WSPay secure system in the event that the user has exceeded the amount paid on his or her prepaid account. In this case, the billing unit shall be 1 minute. A delay of 15 minutes will be tolerated. 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 QR 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 General Data Protection Regulation. The rental period begins from the moment the user takes the bicycle from the slot, that is, when the bicycle is unlocked at the station.

 

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 user can use a bicycle by no later than the end of Halubike system working hours on the day when he or she rented the bicycle. It is not possible to rent a bicycle for more than one day. The billing unit used to determine the duration of bicycle rental is 1 minute and the rental is charged according to the exact time of use. After the expiry of the rental period, the user is required to return the bicycle to the terminal. The user can use a bicycle several times a day, provided it is returned to the terminal by the end of Halubike system working hours.

 

4.1. Acquiring the right to use a bicycle via QR 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:

In the event the user fails to return the bicycle to the terminal in accordance with paragraphs 1, 4 and 10 of the General Terms and Conditions, the Manager has the right to reserve the funds in line with the Halubike price list by means of card tokenisation via the WSPay secure system. 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 QR code. In this case, the billing unit shall be 1 minute.

If the user fails to return the bicycle to the Halubike terminal 24 hours after the beginning of use, 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, a time period of 24 hours from the beginning of use will be charged as the time of use in line with the Halubike system price list.

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 QR 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:
    • for transporting any other persons apart from the rider (especially children, for safety reasons)
    • for riding outside the administrative borders of the Municipality of Viškovo
    • for transporting inflammable substances or explosive, poisonous or dangerous materials
    • for taking part in bicycle races or bicycle testing events
    • in the event of strong wind or bad weather
    • 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.

 

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.

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 charge the amount of damage by means of card tokenisation via the secure WSPay system and will contact the user in writing at the address provided by the user when acquiring the right to use the bicycle via QR code, to inform him or her about the amount of damage caused. 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 QR code about the required amount and request payment within a certain deadline with a warning about possible debt enforcement.

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 at inappropriate locations, contrary to 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 591, Rijeka Police on +385 (0)51 335 234, 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,
  • a proof that the user has rented the bicycle,
  • 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 591, Rijeka Police on +385 (0)51 335 234, or the Emergency Call Centre by dialling 112. If the user fails to report the accident, he or she will be liable to the Halubike System Manager 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 First 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 Halubike General Terms and Conditions of Use.

The price list for Halubike services will be applied from 1 March 2020 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 591. 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, and mobile phone number. 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 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

These General Terms and Conditions will be made available in the Halubike System Manager’s office, on the Viškovo Tourist Board website (http://visitviskovo.hr .hr) Viškovo 31, Viškovo, and on the Halubike System website (www.halubike.hr).

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 591. Other information about Viškovo Tourist Board is available at www.visitviskovo.hr

 

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