The bike sharing system in the town of Celje, the municipality of Laško, the municipality of Žalec, the municipality of Polzela, the municipality of Zreče, the municipality of Slovenske Konjice,the municipality of Štore and municipality of Šentjur is named KOLESCE and provides an automated bike rental service. The town of Celje, the municipality of Laško, the municipality of Žalec, the municipality of Polzela, the municipality of Zreče, the municipality of Slovenske Konjice, the municipality of Štore and the municipality of Šentjur are the operators of the KOLESCE system while Nomago d.o.o., storitve mobilnosti in potovanj, d.o.o., Vošnjakova 3, 1000 Ljubljana, provides maintenance services for this bike sharing system.
General terms and conditions of the bike sharing system (“general terms and conditions”) in chapters I to VIII determine the rights and obligations for the use and rental of bikes, while the chapters IX. to XX. Govern the contractual relationship between the system operator and the users.
All users of the Kolesce system commit to act in accordance to these general terms and conditions. These general terms and conditions represent a contract between both parties according to Article 120 of the Obligations code of the Republic of Slovenia (OG RS nos. 97/07, 64/16 and 20/18).
- Introductory provisions
- 1) The town of Celje, the municipality of Laško, the municipality of Žalec, the municipality of Polzela, the municipality of Zreče, the municipality of Slovenske Konjice, the municipality of Štore and the municipality of Šentjur (“operator”) rent out bikes and e-bikes to registered users (hereinafter referred to as “user”) if these products and services are available.
- Nomago, storitve mobilnosti in potovanj, d.o.o. (“Service provider«).
- Address: Vošnjakova 3, 1000 Ljubljana
- Website: nomago.si
- Phone number: 014317760
- E-mail: firstname.lastname@example.org
- Call center number: 014317760
- Website of the bike sharing system: kolesce.si
- The bike sharing system includes a bike rental terminal, stands and separate racks for regular bikes and e-bikes. The components of the KOLESCE system are branded as Nomago bikes, a part of the nextbike network which provides bike sharing services all over the world. Its locations are available at: nomago.si.
- The operator or the service provider will maintain the system in such a way that ensures 24-hour availability during the use of the systems. Force Majeure events are an exception to this clause. The operator is not liable for the availability of the bikes at individual points of the system.
- The operator (and service provider) collects GPS location information and bike usage data (e.g. location of the rental bike at the beginning and end of the rental period, parking processes and location of the bike, shall be collected insofar as it is necessary for the purpose of carrying out the contractual relationship with the customer. (This also includes the use of the data to detect and eliminate errors and malfunctions in the rental process and in the overall operation)).
- Registration and confirmation
- Application for registration (“application”) is possible either via smartphone app, online at kolesce.si, at a rental terminal, by telephone or in person directly at the sales location.
Underage users over 14 years of age are permitted to open a user account with the written consent of a parent or legal guardian, who complete the form at www.kolesce.si. In such cases, the parent or legal guardian is consenting to claim joint-liability in connection to any contractual breaches between the user and the operator. Parents or underage users can only apply in person by bringing the completed application along with the supplied registration form to the sales location.
- The users must provide the following to register for the use of the system: mobile phone number, name and last name, city and area code, country, e-mail address, chosen rate, credit card number/PayPal username or a direct debit form as well as their consent to the general terms and conditions.
- Following receipt of all relevant personal data, the service provider decides whether or not to accept and approve the registration. As part of the application process, the operator gains authorization to utilize the services of the selected payment partner to check the creditworthiness of the applicant.
- Upon registration, the applicant shall receive a personal identification number (PIN) which they may use to log into the mobile app, online customer account and rental terminals in the Kolesce system.
- Approval of the application shall result in the issuing of an activation notice. This notification may occur orally, in written form, via telephone, email or SMS or at a rental terminal.
- If the user wants to rent bikes in other nextbike systems (not part of the KOLESCE system), they enter a contract with a different operator in accordance to the terms and conditions of other systems. The KOLESCE operator is not liable to the users in any shape or form in regard to the use of such systems. The user provides his/her explicit agreement to the general terms and conditions of other operators and the acceptance of their regional price differences before using any other systems.
- The fee that the user pays upon registering for the system using a smartphone, online, terminal or in person at the sales locations is 1 EUR (or according to the current price list), which will be added to the user account balance and can be used for rental costs in the future. The fee that the user pays upon registering for the system by calling the call center is 3 EUR (or according to the current price list), which will be added to the user account balance and can be used for rental costs in the future. Dependent upon the choice of rates, the service provider is authorized to charge periodic rental fees.
- The customer is obliged to inform the service provider immediately of any changes to their personal information which occur after the registration is successfully completed as long as the rental contract is still valid. This includes any information that is required for registration as well as any payment related information.
- The user can order a customer card for the bike sharing system online or at the sales location and pay a 2 EUR fee (according to the current price list) and in accordance with the instructions on kolesce.si. If the user loses his/her customer card, he/she should immediately notify the customer call center or send a demand to deactivate his/her user card to the service provider’s email address. Deactivating the card does not automatically deactivate the associated user account.
III. Terms and conditions for using the bikes in the KOLESCE system
- The rental bikes may not be used:
- by persons who are younger than 14 let (in accordance with article 1, chapter II of the general terms and conditions),
- to carry other persons in particular children,
- for travel outside of the Savinjska region municipalities,
- for hiring to third parties,
- by individuals under the influence of alcohol, drugs and other illegal substances (zero tolerance for alcohol, illegal substances and other psychoactive substances)),
- In unfavorable weather conditions (e.g. strong wind, rain, stormy weather) or any weather conditions that are unfavorable to bike usage, since the driver may experience such weather conditions to a greater extent in relation to a normal bike because the back wheel of the bike is covered.
- The user is obliged to obey traffic laws and other legislation.
- Freehand (“no-hands”) operation of the bike is not allowed at any time.
- It is forbidden to use the bike basket in an improper manner and/or overload it (maximum allowable load: 5 kg). The customer is obliged to ensure that all transported goods and items are properly fastened and secured at all times.
- Unauthorized modifications or alterations to the rental bike are not allowed.
- Should unauthorized or improper use of the rental bike be determined, the operator is authorized to terminate the contractual relationship and block the user from further rentals and usage of the bikes.
- Following the successful return of the rental bike, if the user wishes to reuse the returned bike he/she shall be required to initiate a new rental process.
- The user is not allowed to change the provided lock code or to provide it to third parties.
- The user is explicitly forbidden from handing over (for free or against payment) the bike to a third party.
- Bike rental limitations
Unless otherwise agreed, the user can rent only one bike using a single user account.
- Duration of Rental
- The chargeable rental period of a bike begins when the service provider provides the code for the integrated bike lock to the user or by automatically unlocking the frame lock on smart bike.
- The user has to inform the operator of the end of the rental period in accordance with the provisions in chapter VIII. Upon provision of this information, the chargeable rental of the bike that will be recorded in the user account will end. The official end of the rental period shall be marked with the receipt of information by the user from the service provider or the rental terminal. The user must immediately inform customer service about any problems.
- The maximum time of continuous bike rental is 24 hours.
- The conditions and the instructions for bike rental
- The user can rent a bike using a terminal, mobile app, phone call, user card or personally at a sales location as long as their user account is active.
- The user has to make her-/himself familiar with the condition and the appropriate use of the rental bike before rental.
- The user is in addition obliged to check before use that the bike is in a roadworthy and safe condition (e.g. tires, brakes, lights etc.). Should the user determine technical defects or deficiencies at the beginning of, or at any point during, the rental period, he/she has to notify the customer call center, end the rental and immediately stop using the bike . If there is a technical defect or deficiency after rental but before the user uses the bike, the rental will be canceled by the operator.
- Defects such as tire damage, rim defects or gear shift failures must also be reported immediately. If the bike is found without its lock, the user is obliged to call customer service.
VII. Parking of the Rental Bikes
- The bike must be parked in plain sight. The user is obliged to follow road traffic regulations when parking. Furthermore, he/she must ensure that the bike does not hinder road safety, that other vehicles and/or traffic is not obstructed and that no damage is done to third parties or their property. The integrated lock is to be used every time that the bike is parked.
- In particular, it is not allowed to park rental bikes permanently or temporary
- at traffic lights
- at parking ticket machines or parking meters
- at traffic signs
- on walkways which are thereby reduced to a width of less than 1.50 meters
- in front of, in or near emergency exits and fire department service zones
- where the bike covers local advertisements
- to lock the bike at fences of private or public buildings
- on train and bus platforms
- on public bike racks
- in buildings, backyards/ courtyards or within any type of vehicles at any time.
- on guiding plates for the blind
- at or in front of post boxes
- in front of doors or gates or in their swivel range
- in or in front of driveways
- The rental bike must be locked properly when not in use.
- The user shall not be allowed to park the bikes permanently in parks /green spaces or on private property. The user shall be allowed to park the bikes temporarily on private property only once allowed to do so by any person/s having the authority to grant such permission
- Failure to comply with these terms will result in the charging of removal fees, unless the customer is able to show that the actual expense incurred was lower in accordance with the current price list available online at kolesce.si. Additionally, the renting user shall be responsible for payment of any official fines and/or claims on the part of any third parties incurred as a result of non-compliance with these general terms and conditions or legal regulations.
VIII. Returning the rental bikes
- The returning of rental bikes outside the defined area of usage is not permitted. They can only be returned to official Kolesce system terminals which are published online (or in the mobile application).
- The user must always place the rented bike into racks at the official Kolesce system stand by inserting regular bikes into designated racks and inserting e-bikes into e-bike racks. The user must push the bike into the rack until he/she hears a sound effect and additionally lock the bike with the integrated lock using the code that he/she received when renting out the bike.
- If there are no free racks at the official Kolesce system terminal, the user can return the bike by using the integrated lock to lock it to another bike in the system or to the stand and logging out of the system. Smart bike can be parked near another bike on the station, the user can lock it by pressing down the leaver on frame lock. The rental will end automatically.
- The user must remember the location where he/she returned the bike for at least 48 hours after returning the bike. This is required because of possible inquiries by the service provider. The user must be able to provide this information to the service provider upon request for a period of 48 hours following the rental period.
- If the service provider cannot find the bike at the location where the user logged out/returned the bike, the service operator will charge a failure to return fee of 30 EUR.
- The cost of exceeding the maximum rental period for a bike is 100 EUR per day.
- The responsibility of the operator/service provider
- Users must immediately notify the service provider if they notice any material defects on the bike during the rental. The operator is not liable for damages to objects which have been transported during a rental either through the use of the bike basket or the cellphone holder. The operator will not be liable in cases of improper and/or unauthorized use of the bike in accordance with the provisions in chapter III.
- The responsibility of the user
- The user is solely responsible for any risks during the use of the system. The user takes full responsibility for damages caused by him/herself to the operator or third parties. The user is solely responsible for any liability claims resulting from actions or events occurring during the rental period or as a result thereof.
- The user is obliged to use the system with appropriate caution, prudence and due care as well as in accordance with the general terms and conditions.
- The user controls the rented bike and is obliged to use it in such a way that prevents it from being damaged, destroyed or lost.
- If the user damages the bike or the bike is stolen because of the user’s negligence, the user is liable for the costs for material and labor or recovery of stolen bikes to an amount up to but not exceeding 150.00 EUR for a regular bike and 600.00 EUR for an e-bike. The limitation of liability above will not be applied of the user damages the bike on purpose or the damages are a result of gross negligence. In such cases, the operator will demand the reimbursement of all incurred expenses and damages. The user shall be made liable for all costs and damages incurred to the operator due to non-compliance with obligations under these terms and conditions.
- The user will be informed immediately in case of any damage. The user is not liable for damages reported after 48 hours following the rental period have passed.
- If the bike is stolen during the rental period, the user must immediately report the theft to the service provider.
- User obligations in case of accident
The customer is obliged to immediately inform the service provider in case of an accident. In cases of accidents involving not only the user, but also third-party property or other persons, the user is also obliged to immediately report the incident to the police. Failure to do so on the part of the user shall result in the user being liable for any and all damages incurred.
XII. Confidentiality of user information
- The user is responsible for preventing unauthorized use of the user data by third parties. This applies, in particular, to their personalized PIN/password.
- The user may change the personal data anytime and as often as he/she wants.
- Should the user have reason to believe that his/her user data has been compromised or misused, they are to inform the service provider of this fact immediately.
- The user may deactivate their customer account either online at kolesce.si or by means of written notification sent to address in the contact information of the service provider, available in chapter I of these general terms and conditions.
XIII. Misuse and Exclusion
- The service provider is entitled, in cases of due reason and in particular in cases of misuse, to cancel the awarded user rights, which means that the user account will be deactivated and the user will not be able to user the services until he/she pays the outstanding debt.
- The limitation of liability in article 2, chapter X, will not be applied if the user allows the misuse of his/her user data on purpose or due to gross negligence.
- Any misuse of the card will be sanctioned by confiscating the card and deactivating the user account, which means that the user will no longer be able to use the system in the current year.
XIV. Fees, Prices and Calculations
- Calculation of all fees and services by the operator will be conducted on the basis of the price list that is valid at the beginning of each individual use of the bike. The current price list is available at kolesce.si. By accepting the general terms and conditions the user accepts the responsibility for paying all the incurred fees according to the price list.
- The yearly rate (tariff) is valid for 12 months after registering into our system and paying the yearly rental. The validity of the yearly rental is automatically extended by one year, unless the user cancels the tariff by writing or sending an e-mail to the address of the service provider at least 4 weeks prior to expiration.
- The user is obligated to pay the billed amounts by means of credit card, trough Paypal, by electronic transfer (direct debiting) or by cash. The user may change their preferred method of payment at any time.
- Should it be impossible to process a direct debit due to insufficient funds in the customer’s account due to customers fault or for other reasons for which the customer is responsible, the operator will charge the customer with additional expenses incurred in accordance with the current price list published at kolesce.si unless the user is able to show that the actual expense incurred was lower. In individual cases and insofar as the user is unable to show that the expense was indeed lower, the claims made by the operator may amount to but not exceed the actual expenses incurred.
- If the user’s payment is late, he/she is charged legal interest. Reminder fees in accordance with additional administrative effort and expense incurred may also be charged to the user.
- If the payment is delayed for at least two months or is more than 50 EUR, the operator can immediately deactivate the user account, until the user meets his/her obligations.
- Payment methods:
- online, using mobile applications or terminals with a credit card or thought PayPal
- at the sales location of the service provider or the operator (the sales location list is available on the website) using cash or direct debit cards.
XVI. Billing, Rental Lists, Controlling
- The service provider will issue an invoice according to the current price list, available at kolesce.si. The finalized rental processes (including costs and time periods) may be viewed by the customer in their user account or profile at www.kolesce.si as well as in the mobile app. This listing of all completed rental processes does not include items which are extraordinary and cannot be included by the automated system (such as fees due to non-compliance with these terms and conditions and/or service fees).
- The user is charged automatically when the user selects whether he/she wants to pay the annual rate or pay for a single ride. The service provider reserves the right to demand payment by customers either per telephone or in written form.
- If the users want to issue a complaint to the charged fees, they must submit said complaint in writing within 30 days of receiving the invoice.
XVII. Termination of the contract
- Both parties may terminate the contract at any time. This article does not affect the right to pursue extraordinary termination of the contract as stated in these general terms and conditions.
- The user may deactivate their customer account either online at kolesce.si or by sending a written notice to the service provider at the address that is stated in chapter I of these general terms and conditions or by sending an email to the address: email@example.com.
- Special rates (e.g. Annual rate) are linked to specific contractual periods. The conditions for termination are available in paragraph 2, article XIV .
XVIII. Personal data protection
By accepting the general terms and conditions the user also accepts:
- The operator (and the contractual service provider) collects, stores and uses personal data of the users, where it is necessary to fulfill its contractual obligations or the realization of the contract between the user and operator or to fulfill any other legal duty. The operator acts as the personal data controller.
- For the purpose of payment, the user’s payment data will be transferred to contractual payment processors who consist of the service provider and any subcontractors that process payments and provide accounting services for the rental fees. Following the registration process, this data will no longer be visible to employees of the operator or service provider.
- If the user uses the global nextbike system as described in paragraph 5 of article II of these general terms and conditions, he/she enters a contract with a different operator that acts as a data controller. The user therefore agrees that this data controller will process user data in accordance to their own general terms and conditions and/or privacy policies.
XIX. Conflict resolution
These general terms and conditions will be governed by the laws of the Republic of Slovenia. The operator and user will endeavor to amicably settle any conflicts about the execution and consequences of these general terms and conditions. If the conflict cannot be resolved amicably, the operator and the user will resort to mediation and other alternative conflict resolution methods. If this does not prove successful, the conflicts will be resolved in a court of law.
- Final provisions
These general terms and conditions are valid from September 31st 2019. The current terms and conditions are posted at www.kolesce.si. Any change will be visible at the terminal, on the website or mobile renting app and will be sent by email to all users.
 The service provider runs the system, controls the system as well as provides maintenance and redistribution.