statute
§1. General provisions.
1. These regulations (hereinafter: “Regulations”) define the terms and conditions for using the rental services of Scooters and Powerbanks to power Scooters (hereinafter: QOOL RENT System) using the Mobile Application installed on the Customer’s device that meets the technical requirements specified in these Regulations.
2. The condition for using the QOOL RENT System is the Customer’s provision of: the personal data required for registration, acceptance of the conditions set out in these Regulations, reading the Price List and the Privacy Policy along with the GDPR, Customer registration in the Mobile Application and payment for the selected Tariff Plan.
3. In order to process the complaint and consider complaints by QOOL RENT, the Customer should complete the required data in his user profile available on the Mobile Application.
4. The QOOL RENT Regulations, along with the Privacy Policy and the Price List, are available free of charge on the website www.QOOL.rent and in the Mobile Application, in a way that allows you to read its content, as well as its acquisition, playback and saving.
5. Contact:
QOOL RENT Limited Liability Company
ul. Chwaszczyńska 45, 81 – 578 Gdynia
QOOL RENT Limited Liability Company
ul. Chwaszczyńska 45
81 – 578 Gdynia
REGON 521112738
NIP 5862376763
KRS 0000950221
§2. Definitions.
1. QOOL RENT Mobile Application / Mobile Application – a mobile application that enables the use of the QOOL RENT System, available on devices with iOS and Android. The Application can be used on smarton devices that meet the technical requirements, which allow you to download the Mobile Application from an online store. The condition for downloading and using the Mobile Application is permanent access to the Internet.
2. QOOL RENT HELP (QOOL RENT HELP) – this ought to be understood as a service launched by the Operator and maintained by the Operator POMOC QOOL RENT, providing customers with contact with the Operator by:
a) Mobile Application
b) electronic mail to the address [email protected]
Please be advised that we do not provide customer service by phone! Information about HELP QOOL RENT is published on the Website
on the website: https://qool.rent/pomoc/ , the Operator reserves that HELP via e-mail may be available only if it is not possible to notify via the Mobile Application.
3. Account blocking – it ought to be understood as a preventive measure consisting in preventing the use of the QOOL RENT System, which may be used by the Operator, in the event of a breach by the Customer of the provisions of these Regulations, in particular a breach that damages the property of the owner of the QOOL RENT System and / or Operator.
4. Bonus – it ought to be understood as additional QOOL Points awarded to the Customer on the terms specified in the Price List.
5. Price list – it ought to be understood as the price list of services and fees in the QOOL RENT System, which is an integral part of the Agreement. The price list is attached as Appendix 1 “PRICE LIST” to these Regulations and is available on the Website and in the Mobile Application.
6. Rental Time – it ought to be understood as the time counted from the moment of booking a scooter or renting it without prior booking, until the return of the scooter, by pressing the END button in the Mobile Application.
7. Customer ID – telephone number provided by the Customer during registration.
8. Customer / User – it ought to be understood as a natural person who is 18 years of age, participant of the QOOL RENT System, who accepted the Regulations and registered in the QOOL RENT System, and as a result concluded an Agreement with the Operator for the rental of a Scooter or the rental or purchase of a Powerbank. In terms of customer data, before the first ride and upon receipt of the complaint, it will be necessary to provide full user data, both the Customer ID, telephone number, and address of residence, which allow for complaint activities.
9. Active user – a Customer who, within 6 months from the last top-up of the Wallet, recharged the Wallet or used a different Tariff Plan available in the QOOL RENT System or used the Scooter Rental services in the QOOL RENT System in the same period.
10. Customer Account / Account – it ought to be understood as a personal Customer account created during registration for the purposes of using the QOOL RENT System, as well as charging fees in accordance with the Price List.
11. Theft of the Scooter – it ought to be understood as theft within the meaning of Art. 278 § 1 of the Act of June 6, 1997 of the Penal Code (i.e. Journal of Laws of 2021, item 2345, as amended) and no Return of the Scooter in the QOOL RENT System after 24 hours from the start of the Scooter Rental Time and in the following situations: using the Scooter outside the territory of the Republic of Poland, using the Scooter in an area more than 25 km away from the Area of operation of the QOOL RENT System in which the Rental took place, transport of the Scooter using another means of transport outside the Area of Operation of the QOOL RENT System in which the Rental took place.
12. Top-up amount – this ought to be understood as a top-up amount of at least PLN 30, paid in exchange for QOOL Points towards Rentals collected in the Client’s Wallet or towards Packages.
13. Minimum Portfolio Status – it ought to be understood as a minimum number of QOOL Points, amounting to a minimum of 5 QOOL Points, which enable the Scooter Rental.
14. Operator – it ought to be understood as QOOL RENT Limited Liability Company based in Gdynia, at ul. Chwaszczyńska 45
15. Operator POMOC QOOL RENT – it ought to be understood as QOOL RENT Limited Liability Company based in Gdynia, Chwaszczyńska 45, which is the entity handling all complaints and notifications of users while using the application
16. The area of operation of the QOOL RENT System – the area of providing services available within the QOOL RENT System. The boundaries of the service area are variable. The current boundaries of the area of service provision are each time made available in the Mobile Application.
17. Parking “P” – a place in the Green Zone intended for parking Scooters, for parking in this place, the Customer receives a bonus in accordance with the Price List. Location areas of places designated for Parking “P” are variable and determined by the QOOL RENT Operator. The current places designated for Parking P are each time available in the QOOL RENT Mobile Application.
18. Powerbank – it ought to be understood as a portable battery device for charging the internal batteries of Scooters, mobile phones, cameras, etc., which can be rented or purchased by the Customer on the terms described in §11 of the Regulations.
19. Portfolio – it ought to be understood as the current number of QOOL Points in the Client’s Account.
20. QOOL Points – funds purchased by the Customer assigned to the Customer Account, intended for the payment of services in the QOOL RENT system, including the rental of Scooters and Powerbanks.
21. Regulations – this ought to be understood as these Regulations, describing the rules and conditions for using the QOOL RENT System, in particular the scope of rights and obligations and the responsibility of persons using the possibility of renting Scooters and Powerbanks in the QOOL RENT system, available on the website www.qool. rent and in the Mobile Application.
22. Booking a Scooter – it ought to be understood as an additional function thanks to which the Customer, for via the Mobile Application, QOOL RENT may remotely book the Scooter before the Rental. Reservation is payable. The booking time is deducted from the daily rental limit within the Packages. The booked Scooter awaits the User for a maximum of 10 minutes, after which the Reservation is automatically canceled. This feature is not always available.
23. Scooter Stop – it ought to be understood as an additional function thanks to which the Customer, via the QOOL RENT Mobile Application, can remotely block the Scooter during the Rental. The stop of the scooter is payable. The parking time is subtracted from the daily borrowing limit within the Packages. During the stop, the Scooter waits for the User for a maximum of 60 minutes, then the Stop is automatically canceled and the Rental ends. This feature is not always available.
24. Act on Road Traffic – Act of 20 June 1997, Road Traffic Law (ie Journal of Laws of 2021, item 450, as amended).
25. Hulajnoga / Sculajnogi – Electric scooter lent by the Operator to the Client for the duration of the rental. The types of Scooters provided by the Operator in the QOOL RENT System are different.
26. QOOL RENT Service – it ought to be understood as activities performed by the Operator in relation to the operation, repairs and maintenance of the components of the QOOL RENT System.
27. Red Zone – this is a part of the QOOL RENT System Operation Area, in which the Customer is obliged to move at a limited speed and return the Scooter, with the proviso that a return outside the “P” Parking lot is possible after paying the fee in accordance with the Price List. The Red Zone area defined by the QOOL RENT Operator is available in the QOOL RENT Mobile Application. The customer is obliged to comply with the provisions of the Road Traffic Act in force in the zone.
28. Blue Zone – it is a part of the QOOL RENT System Operation Area, where the Customer cannot park or return the Scooters. The Blue Zone area defined by the QOOL RENT Operator is available in the QOOL RENT Mobile Application. The customer is obliged to comply with the provisions of the Road Traffic Act in force in the zone.
29. Prohibited Zone – it ought to be understood as places / areas where the Customer cannot move the QOOL RENT Scooter. First of all, the Prohibited Zone includes all water reservoirs, sea shore, beaches, dunes. The area of the Prohibited Zone defined by the QOOL RENT Operator is available in the QOOL RENT Mobile Application.
30. Green Zone – this is a part of the QOOL RENT System Operation Area, which is not the Blue Zone, Red Zone and Prohibited Zone. In the Green Zone, the Customer may move with the Scooter and return the Scooter, with the proviso that the return outside Parking “P” is possible after paying the fee in accordance with the Price List. The area of the Green Zone defined by the QOOL RENT Operator is available in the QOOL RENT Mobile Application.
31. Website – it ought to be understood as the website www.qool.rent launched by the Operator, containing the most important information about the QOOL RENT System.
32. QOOL RENT System – it ought to be understood as a system for renting Scooters and Powerbanks launched by the Operator, including in particular Scooters, technical infrastructure, software and devices enabling the rental of Scooters and Powerbanks, Reservation, Parking and Return of Scooters and Powerbanks.
33. Agreement – it ought to be understood as the Agreement between the Client and the Operator, establishing mutual rights and obligations set out in these Regulations. It is considered that the Agreement containing the provisions of the Regulations is automatically concluded upon registration of the Customer in QOOL RENT and provided that the Customer submits a declaration of acceptance of the Regulations.
34. Scooter Rental / Rental – this ought to be understood as unblocking the Scooter, using the QOOL RENT Mobile Application, in order to travel. The rental process is specified in detail in §8 of the Regulations.
35. Return of the Scooter – this ought to be understood as the end of the Rental and the return of the Scooter in the manner described in § 10. Of the Regulations.
§3. General rules for the use of QOOL RENT.
1. The condition for using the QOOL RENT System is the provision by the Customer of the data required at registration, completing the profile and accepting the conditions set out in these Regulations.
2. The Customer undertakes to comply with the terms of the Regulations and applicable law, in particular the provisions of the Road Traffic Act.
3. The condition for registering and using the QOOL RENT System is providing true data and accepting the conditions set out in the Regulations. The administrator of personal data is QOOL RENT Limited Liability Company with its registered office in Gdynia, ul. Chwaszczyńska 45, 81 – 578 Gdynia. Providing personal data is voluntary, but necessary for the full use of the QOOL RENT System. In order to use the QOOL RENT System, it is necessary to have and indicate the full, current address of the Customer. Failure to provide personal data prevents the use of the full functionality of the QOOL RENT System, e.g. Customer Service. Information on the security and processing of personal data is available in the Privacy Policy and in the GDPR Information Clause at: www.qool.rent and in the Mobile Application.
4. The Parties to the Agreement are obliged to notify each other of any change of addresses or other identification data of the Parties provided during registration in the System.
§4 Rules for the use of Scooters.
1. The Customer is responsible for the use of the Scooter in accordance with its intended purpose and the terms of the Regulations and the provisions of the Road Traffic Act. In the event of non-compliance with the conditions set out in the Regulations and the provisions of the Road Traffic Act, the Operator has the right to block the Customer Account. Detailed conditions of the Account Blocking are described in § 16 of these Regulations.
2. The Customer undertakes to return the Scooter in the same condition as at the time of the Rental. The Customer is responsible for the consequences of events resulting from the violation of applicable law and the Regulations when using the QOOL RENT System.
3. The Client is responsible for the Scooter from the moment it is rented until it is returned. In particular, the Customer is obliged to take measures to prevent dirt and damage beyond standard use and theft of the rented Scooter.
4. In the event of suspicion of the Theft of a Scooter made during the Rental, the Customer is obliged to notify HELP QOOL RENT about it immediately via the Mobile Application or by e-mail, and immediately report the suspicion of the Theft of a Scooter to the Police. Failure to submit a notification by the Customer in accordance with the preceding sentence will result in the imposition of a fee on the Customer in the amount specified in the Price List.
5. In the event that an accident or collision occurs during the Scooter Rental, the Customer undertakes to write a statement or call the Police to the scene. In addition, in the event of the above event, the Customer is obliged to inform about the above-mentioned HELP QOOL RENT immediately via the Mobile Application or by e-mail.
6. Any breakdowns of the Scooter should be reported to POMOC QOOL RENT in the Mobile Application immediately after noticing the defect. In the event of any failure that prevents further driving, the Customer is obliged to stop and notify HELP QOOL RENT via the Mobile Application, and follow the information provided by POMOC QOOL RENT.
7. It is forbidden to use the scooters of the QOOL RENT System by people under the influence of alcohol or other intoxicants, psychotropic substances, substitutes or new psychoactive substances within the meaning of the provisions of the Act of 29 July 2005 on counteracting drug addiction (i.e. Journal of 2020, item 2050, as amended); strong antiallergic drugs and other drugs, the taking of which, according to the manufacturer’s leaflet, is associated with the prohibition or recommendation to refrain from driving.
8. The Client is obliged to use a dedicated bicycle lane or a bicycle lane. In the absence of such a road or lane, the Customer using the Scooter is obliged to strictly comply with the provisions of the Road Traffic Act.
9. The customer is forbidden to tow or tow another vehicle, transport another person, animals or cargo.
10. The QOOL RENT scooter is designed for city riding. It is forbidden to use the QOOL RENT scooters for mountain rides, jumps, stunt tricks. It is forbidden to race and use Scooters to pull or push anything. It is forbidden to hang anything on the steering wheel or other elements of the Scooter.
11. It is the Client’s responsibility to make sure before riding that the Scooter is fit for use, in particular that the tires and brakes of the Scooter are operational and that the lighting of the Scooter works. The Customer is also obliged to verify the battery status available in the Mobile Application.
12. If any defect of the Scooter is found during the rental of the Scooter, the Customer is obliged to immediately report this fact to HELP QOOL RENT via the Mobile Application.
13. The maximum load of the scooter intended for use by 1 person cannot exceed 125 kg.
14. It is forbidden to use any security features that are not part of the QOOL RENT System in order to immobilize the Scooter. The operator reserves the right to remove any incorrect security measures applied by the customer. All costs of restoring the Scooter to the condition enabling the rental to be carried out shall be borne by the Customer.
15. It is forbidden to make any repairs, modifications or replacements of parts in the rented Scooter on one’s own, the only authorized entity for these activities is the QOOL RENT Service.
16. The customer bears full and total responsibility and undertakes to cover all fines, fees, etc. related to the use of the Scooter by him and imposed on him due to his fault. The Customer is not responsible for fines, fees, etc. that have been imposed on him, and result from the sole fault of the Operator.
17. The customer is responsible for any damage and destruction resulting from non-compliance with the Regulations and the provisions of generally applicable law. The customer may be charged with the costs of repairing such damage, including the cost of restoring the Scooter. The amount of fees for repairing damage and restoring Scooters are set out in Appendix 1 “PRICE LIST” to these Regulations. For the necessary repairs, the Operator will issue an appropriate bill or VAT invoice at the Customer’s request.
18. In the event of non-compliance with the Regulations of the Return of the Scooter, the Customer bears the costs of its further rental and is responsible for any theft and damage. In the event of difficulties with the return of the Scooter, the Customer is obliged to immediately contact QOOL RENT HELP.
19. Any damage to the elements of the QOOL RENT System will result in the necessity for the perpetrator to bear the costs of repair or restoration, and, consequently, may result in the initiation of court proceedings. The operator has the right to claim all reasonable costs, including legal costs, from the perpetrator of the damage and destruction.
20. Users are forbidden to transport the Scooter by car, water tram or other means of public transport.
21. While traveling with the Scooter, the Customer may not use cell phones and other devices that limit the Customer’s ability to use the Scooter safely.
§5. Registration.
1. The necessary condition for using the QOOL RENT System is the prior registration of the Client in the QOOL RENT System.
2. Registration is made via the form via the Mobile Application.
3. During the registration process, you must provide the mobile phone number with which the registration is made and complete all personal data required in the form.
4. In order to complete the registration process, an SMS will be sent to the provided mobile phone number, with a confirmation code to confirm the data by the Customer. The confirmation code should be entered in the Mobile Application dialog box. After positive verification of the confirmation code and acceptance of the Regulations, the Customer Account will be created.
§6. Payment methods.
1. Payment for services and products offered within the QOOL RENT System may be made: using credit or debit cards (payment cards) and online payments. Credit or debit card information is processed by an external service provider and is not stored or accessed by the Operator. Payment options and methods may vary depending on the area in which the Scooter is rented.
2. In the case of payment by credit or debit card, the Customer connects the card to the payment intermediary system. The fee for services and products offered within the QOOL RENT System is charged directly from the card.
3. When paying with a credit or debit card, additional fees are charged according to the Price List.
4. All payments are transferred to the Operator’s account.
5. At the Customer’s request, an invoice will be issued. For this purpose, the Customer sends an “Invoice” via the Mobile Application.
6. The operator will send the VAT invoice in an electronic form to the e-mail address from which the Customer contacted. In particularly justified cases, the Operator may send a VAT invoice to another e-mail address provided by the Customer.
§7. Tariff plans.
1. The following Tariff plans are available within the QOOL RENT system:
a) Topping up the Portfolio with the Top Up Amount,
b) Automatic Topping Up of the Wallet with the Top Up Amount,
c) Standard Plan,
d) SMART Package,
e) VIP Package
2. Wallet top-up by purchasing QOOL points:
a) The Customer purchases QOOL Points, which are intended to pay for the rental in accordance with the Price List.
b) Payments made in exchange for QOOL Points are non-refundable.
3. Automatic wallet top-up:
a) activation of the function is possible only with the use of credit or debit cards.
b) The wallet is topped up by the amount of the last top-up. The minimum top-up amount is PLN 30.
c) The wallet is topped up automatically if the number of QOOL points in the Portfolio reaches the Minimum State of less than 5 QOOL Points.
d) The paid amount is converted into QOOL Points.
e) The option of automatic wallet top-up may be turned off by the Customer at any time via the Mobile Application.
4. Standard plan:
a) 3 QOOL Points for the Start of Rental, 0.5 QOOL Points for each commenced minute of Rental.
b) bonus for parking the Scooter at point P – 1 QOOL Point added to the Wallet (settled in a 10-minute cycle, if you park twice in a cycle, you will receive 1 QOOL Point)
5. Packages:
a) The customer buys a package by selecting the appropriate option in the Mobile Application.
b) The use of the package is connected with the obligation of the Customer to pay a fee on the terms specified in the Price List. It is possible to pay for the package
only with credit or debit cards. The fee is charged automatically, in advance, in the billing periods depending on the selected package.
c) The customer may use the following packages:
SMART – PLN 30, monthly package, FREE START OF Rental throughout the day plus 10 minutes of driving daily included in the package price, further minutes 0.5 QOOL Points for each started minute of Rental. Minutes included in the package price unused on a given day do not carry over to the next day.
VIP – individual package, Start of Rental for FREE throughout the day, 0.2 QOOL Points for each started minute of Rental.
The VIP package is intended only for customers residing in the city where the rental takes place. Launching the VIP Package requires prior sending to the Operator via the Mobile Application an inquiry about the possibility of launching the Package, attaching to the inquiry a photo of a document confirming the place of residence in a given city, e.g. an electricity bill, telephone, other utilities, etc.
In the event of a positive verification of the Customer’s place of residence, the operator automatically provides the use of the VIP Package in the Mobile Application. The time of verification of the Customer’s place of residence by the Operator is a minimum of 30 days from the date the Customer sends a query about the possibility of launching the plan.
d) Depending on the selected package, the Customer receives the Rental Time specified in minutes each day during the package period; The amount of Rental Time for individual packages is specified in the Price List.
e) By purchasing a package, the Client agrees that the Operator will charge a fee depending on the selected package.
6. The Client may have only one active Package at a time. The resignation from the Packages does not release the Customer from paying the fees due under the concluded Agreement.
7. In the case of purchasing a Package, the billing period begins when the payment for a given Package is recorded on the Operator’s account.
8. The cost of travel, the purchase price of QOOL points, the price of packages and other fees, as well as the amount of bonuses are specified in the Price List.
9. The operator may suspend or change the package offer at any time.
10. The Operator reserves that the availability of certain packages depends on the Area of operation of the QOOL RENT System.
§8. Scooter rental.
1. The QOOL RENT scooter can be rented only through the QOOL RENT Mobile Application by following the instructions displayed therein.
2. It is recommended that the Customer during the Rental has a mobile phone capable of making calls with HELP QOOL RENT.
3. The rented Scooter may be used in the Green Zone, subject to the restrictions in the Blue Zone and the Red Zone, excluding the Prohibited Zone. During the rental period, the User may move around the Blue Zone and the Red Zone, but is obliged to return before the end of the rental and return the Scooter in the Green Zone, otherwise the User is charged with fees resulting from failure to comply with these Regulations.
4. The use of the Rented Scooters is allowed in the Area of operation of the QOOL RENT System, excluding the Prohibited Zone. The map of individual Zones is available in the QOOL RENT Mobile Application, all Zones except the Green Zone, Blue Zone and Red Zone are considered Prohibited Zones.
5. The number of rented Scooters per one Account may not exceed one Scooter at a time.
6. The stoppage is included in the rental time and settled in accordance with the Price List. If the Customer uses the Package, the Stopping Time is deducted from the daily time provided as part of the Package. Standstill is available for all Tariff Plans.
7. Booking of Scooters is voluntary and available in all Tariff Plans. The reservation is payable in accordance with the Price List. The booked scooter awaits the customer for a maximum of 10 minutes, after which the reservation is automatically canceled. This time is deducted from the daily limit of the Rental Time provided as part of a given Package, if the Client rents a Scooter as part of the Package. After the Reservation time is exceeded, the Reservation expires and the Scooter is available to other Users. Time and accrued Reservation fees
are not returned.
8. The operator of the QOOL RENT System does not guarantee the continuous availability of the Scooters, including during service work, the requirement of periodic charging, suspension of operation in a given area, weather conditions limiting or preventing the safe use of the Scooters (e.g. rain, snow, ice, hail, lightning , strong wind, fog etc.) and other events beyond its control.
9. In the event of a breach of the provisions of the Regulations, in particular resulting in damage to the Operator and / or the Ordering Party, the Operator reserves the right to block the Customer Account until the matter is resolved.
§9. Duration of the Scooter Rental.
1. The time of renting a Scooter is limited by the battery charge level of the rented Scooter and the number of QOOL points in the Client’s Wallet.
2. As long as the Scooter battery has a sufficient charge level for riding, which is approximately at least 11% of the battery charge, the Customer may use or stop using the Scooter. If the battery level of the Scooter drops below 11%, the Scooter will automatically turn off and the ride will be completed. In the above case, the Customer should return the Scooter in accordance with the conditions described in these Regulations.
3. It is stipulated that the distance that the Customer can travel at a given battery charge level depends on factors beyond the control of the QOOL RENT System Operator, in particular on weather conditions, driving style, speed, terrain or the User’s weight.
4. The battery charge level is displayed in the Mobile Application, and the Customer is obliged to verify it both before the rental and during the ride.
§10. Scooter Return.
1. The Customer returns the Scooter within the Green Zone, excluding the Blue Zone, the Red Zone and the Prohibited Zone.
2. There are 3 types of scooter returns:
a) regular, premium Return of the Scooter – Return of the Scooter at Parking “P”;
b) a paid return of the scooter – return of the scooter; in the Green Zone: The scooter may be returned in the Green Zone, outside the “P” parking lots, for a fee specified in the “Price List”. The amount of the fee for the Scooter Return in the Green Zone depends on the distance of the Scooter Return point from the nearest “P” Parking. The return of the Scooter in the Green Zone is possible only after making the payment indicated in the Mobile Application and following in accordance with the instructions displayed in the Mobile Application.
c) forbidden return of the Scooter – return in the Blue Zone, Red Zone and in the Prohibited Zone, in particular in hard-to-reach areas, e.g. closed housing estates, private properties.
3. The Customer returns the Scooter by following the instructions provided in the Mobile Application.
4. The scooter should be immobilized in such a way that it stands steadily on its wheels and rests on a leg. The scooter must be parked in accordance with the law, not obstructing bicycle, road and pedestrian traffic.
5. In order to verify the correct parking of the Scooter, the Customer takes a photo of the Scooter, following the outline of the Scooter displayed in the Mobile Application. After the scooter is returned, the photo is verified in the Mobile Application. Failure to take a photo or improperly take a photo of the Scooter (no photo or failure to comply with the outline of the scooter in the Mobile Application) or incorrect parking is associated with the Customer’s obligation to pay a penalty in the amount indicated in the Price List and blocking the account.
6. In the event of difficulties with the return of the Scooter, the Customer is obliged to immediately contact QOOL RENT via the Mobile Application or via e-mail at [email protected]
7. If the Customer is not able to take a photo (e.g. due to a camera failure), he should report this circumstance to the Operator immediately after the Scooter is returned. If the Customer fails to contact the Operator, a fee may be charged in the amount specified in the Price List.
8. If the Scooter is returned to the “P” Parking lot, the Customer receives a bonus in accordance with the Price List, the bonuses are settled in a 10-minute cycle, parking twice during the cycle, the Customer receives 1 QOOL Point.
9. It is not allowed to park or return the Scooter in the Red Zone, Blue Zone and in the Prohibited Zone. If the battery is exhausted or the points in the Wallet are used up in the Blue Zone or the Red Zone, the Customer is obliged, at his own discretion, to either drive the Scooter to the Green Zone or top up the Wallet if all Points are used.
10.The Client is obliged to correctly return and secure the Scooter, referred to in the preceding points, under the pain of:
a) the obligation to repair the damage caused by the return of the Scooter in a manner inconsistent with the Regulations,
b) charging the costs specified in the Price List for picking up the Scooter from outside the “P” Parking,
c) charging a fee for parking the Scooter contrary to the Regulations in the amount specified in the Price List,
d) temporary or permanent blocking of the Customer Account, at the Operator’s choice.
The above fees add up.
§11. Powerbanks.
1. Powerbank QOOL RENT can be rented or purchased only through the QOOL RENT Mobile Application by following the instructions displayed therein.
2. Power banks are available at partner points marked each time in the Mobile Application.
3. The Customer may rent a Powerbank in the following tariff plans, and the Operator charges the Customer with a deposit of PLN 195.00 each time he rents the Powerbank, which is returned to the Customer upon the return of the Powerbank. If there are no funds on the Customer’s payment card to cover the deposit amount, it is not possible to borrow:
a) standard plan PLN 3 for the Start of rental and PLN 2 for each commenced hour of rental, however, once for a maximum of 96 hours from the moment of rental. After 96 hours from the moment of rental, the borrowed Powerbank becomes the property of the Customer, without the possibility of returning the Powerbank.
b) VIP plan package (combined with the VIP package for Scooters) – FREE start of rental and PLN 2 for each commenced hour of rental, however, once for a maximum of 96 hours from the moment of rental. After 96 hours from the moment of renting, the borrowed Powerbank becomes the property of the Customer, without the possibility of returning the Powerbank.
The VIP package is intended only for customers residing in the city where the Powerbank is rented. In order to start the VIP plan, you must first send an inquiry to the Operator via the Mobile Application about the possibility of starting the plan, attaching to the inquiry a photo of a document confirming the place of residence in a given city, e.g. an electricity bill, telephone, other utilities, etc.
In the event of a positive verification of the Customer’s place of residence, the operator provides the option of using the VIP plan in the Mobile Application. The time of verification of the Customer’s place of residence by the Operator is a minimum of 30 days from the date the Customer sends a query about the possibility of launching the plan.
4. The customer may, without prior borrowing the Powerbank, immediately purchase it for PLN 195.
5. QOOL RENT’s liability under the warranty is reserved in the event of ownership
Powerbank passes in accordance with para. 3 or 4 above for a Customer who is a consumer, is limited to one year due to the fact that Powerbanks are used devices each time. In the event that the ownership of Powerbank passes in accordance with paragraph 3 or 4 above for the Client who is entrepreneurs, the liability of QOOL RENT under the warranty is excluded.
6. By purchasing a plan or purchasing Powerbank, the Client agrees that the Operator will charge a fee in the amount specified in the Price List.
7. A customer can only have one active plan at a time. The resignation from the plans does not release the Customer from paying the fees due under the concluded Agreement.
8. If the Customer purchases Powerbank in accordance with sec. 3 or 4 above, the ownership of Powerbank is transferred to the Customer at the time of recording the payment on the Operator’s account.
9. The costs of renting, the price of the plans, the purchase price of Powerbanks and other fees are specified in the Price List.
10. The Powerbank is rented when the Powerbank is unblocked via the QOOL RENT Mobile Application at the partner point.
11. The Powerbank is returned when the Powerbank is returned to the partner point and this fact is marked in the QOOL RENT Mobile Application.
12. The operator may suspend or change the plan offer at any time.
13. The Operator reserves that the availability of specific plans depends on the Area of operation of the QOOL RENT System.
§12. Charges
1. The fees are calculated according to the rates given in the Price List. The fees are charged towards QOOL Points allocated for the payment of the Rental and for other services or products available in the QOOL RENT System, as well as in other cases specified in these Regulations.
2. In the event that the fees charged exceed the funds paid in by the Customer, the Customer is obliged to pay the overdue payments within 3 working days of the arrears. In the event of non-payment of the amount due, the Operator reserves the right to take appropriate legal steps against the Customer in order to obtain payment under the Agreement, including the collection of these funds from the Customer’s credit or debit card, as well as blocking the Account until the payment is made. The operator has the right to charge statutory interest for delay on overdue amounts from the due date to the actual date of payment in full.
3. The fees paid for the Loan may be refunded after the termination of the Agreement and only in the cases and on the terms specified in these Regulations and the law.
4. Upon receipt of the Bonus, the Customer receives Portel Top-up in the form of QOOL Points. The funds from such top-up are used first, before the funds paid in by the customer. Details on the conditions for granting Bonuses are specified in the Price List. The top-up funds in the form of a Bonus are non-refundable.
5. The fee for topping up the account in the form of QOOL Points is reimbursed only if it is not possible to use the Service for reasons attributable to QOOL RENT. In other cases, top-ups are not returned.
6. The paid top-up amount is returned to the Customer if it is not possible to use the Scooter Rental Services for reasons beyond the control of the Customer.
7. In the event of the Customer’s delay with the payment of amounts due to the QOOL RENT Operator, the QOOL RENT Operator reserves the right to provide information about the arrears to the entities indicated by applicable law. The Customer acknowledges that the QOOL RENT Operator has the right to transfer his due amounts due from the Customer under the Agreement to third parties, which will entitle these third parties to claim the said amounts from the Customer. The QOOL RENT operator reserves the right to entrust a debt collection company with the recovery of debts from the Customer and to charge the Customer with the costs of debt collection proceedings.
8. If the payment is withdrawn by the Customer, QOOL RENT has the option of charging a penalty according to the price list for each canceled payment.
§13. Complaints and complaints
1. The operator provides services related to the operation of the QOOL RENT System and is responsible for its proper functioning.
2. The complaint is the Customer’s request for a refund of the fee for non-performance or improper performance of the Agreement by the QOOL RENT Operator and any other reservations of the Customer, including an appeal against the fees charged.
3. Complaints / Notifications should contain at least data such as: name, surname, telephone number (Customer ID) and address of residence for the purpose of verification, allowing for the identification of the Customer and the content of the presented request and description of the event constituting the basis for complaints (if necessary, a photo of the damage / sustained damage). In the absence of data allowing the identification of the Customer, the Operator will leave the complaint unrecognized.
4.All complaints regarding services provided under the Regulations may be submitted:
a) via the Mobile Application.
b) if it is not possible to submit a complaint via the Mobile Application – by electronic means to the e-mail address [email protected],
c) in the event of entering incorrect data in the Mobile Application, submitting a complaint is possible only by traditional mail to the address QOOL RENT Limited Liability Company with its registered office in Gdynia, 45 Chwaszczyńska Street, 81 – 578 Gdynia, with the annotation “COMPLAINT”.
5. QOOL RENT first checks the reports submitted via the Mobile Application.
6. If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Operator asks the person submitting the complaint to supplement it in the indicated scope.
7. The deadline for submitting a complaint is 7 days from the date of the event that caused it.
8. Submitting a complaint does not release the Customer from the obligation to timely fulfill the liabilities due to the Operator.
9. The operator examines the complaint within 14 days from the date of its receipt or supplementation, and in particularly complex cases – within 30 days. If it is necessary to supplement the complaint, the deadline for considering the complaint begins to run from the date of delivery to the Operator of supplementary documents or additional explanations / information required by the Operator. If it is impossible to meet the deadline for considering the complaint, the Operator will inform the Customer about the delay, indicating the reason for the delay (circumstances that must be determined) and the expected date of considering the complaint.
10. A response to the complaint will be sent to the Customer by e-mail or traditional mail to the correspondence address in the manner indicated in the complaint. The operator may send a reply to another address / e-mail address indicated for correspondence by the Customer submitting the complaint.
11. Consideration of the complaint consists in identifying the problem, assessing its legitimacy and resolving the problem reported by the customer or taking appropriate actions to remove any irregularities, the reasons for their occurrence and providing a comprehensive, professional response in the form and content.
12. ASSISTANCE QOOL RENT gives a response that includes the Operator’s position on the complaint, justification and information about the appeal procedure.
13. The Customer has the right to appeal against the decision issued by the Operator. The appeal will be considered within 14 days from the date of its receipt by POMOC QOOL RENT. The appeal should be submitted in one of the following ways:
a) by electronic means to the e-mail address [email protected],
b) by post to the following address: QOOL RENT Spółka z ograniczoną odpowiedzialnością, ul. Chwaszczyńska 45, 81 – 578 Gdynia.
14. The customer may:
a) refer an appeal against the Operator’s decision directly to POMOC QOOL RENT within 14 days from the date of receipt of the response to the complaint;
b) bring an action against the Operator to a competent common court.
§14. Withdrawal from the Agreement
1. The Customer may withdraw from the Agreement – on the basis of legal provisions, without giving any reason, within 14 days from the date of its conclusion. The deadline is considered met if, before its expiry, the Customer sends a declaration of withdrawal from the Agreement to the Operator.
2. If, at the Customer’s request, the performance of the service begins before the deadline for withdrawing from the Agreement and the service is performed within this period, the Customer is obliged to pay for the services provided. Before starting the service, the Customer will be informed via the Mobile Application that after the service is provided by QOOL RENT, he will lose the right to withdraw from the Agreement.
3. The Customer may withdraw from the Agreement by:
a) sending the Operator a declaration of withdrawal from the Agreement to the email address [email protected], b) sending to the Operator to the postal address specified in §1 sec. 5 of the Regulations, by registered letter of a written declaration of withdrawal from the Agreement. For this purpose, the Customer may use the Agreement withdrawal form included in Annex 2 to the Act on consumer rights (Journal of Laws 2017, item 683), but it is not obligatory.
Withdrawal from the Agreement each time requires an indication in the content of the declaration of withdrawal of the Customer’s telephone number connected to the Mobile Application, which telephone number is the Customer’s ID and is necessary to verify the account to which the withdrawal relates.
4. In the event of withdrawal from the Agreement, the Agreement is considered void.
5. If, at the Customer’s request, the performance of the service begins before the deadline to withdraw from the Agreement and the service is provided within this period, the Customer is obliged to pay for the services provided. Before starting the service, the Customer will be informed via the Mobile Application that after the service is provided by QOOL RENT, he will lose the right to withdraw from the Agreement.
6. The return of unused and paid funds takes place no later than 14 days from the date of consideration by the Operator of the declaration of withdrawal from the Agreement, using the same payment methods that were used by the Customer in the original transaction, unless in the declaration of withdrawal from the Agreement The client indicated another possible solution. While awaiting the return of the payment by bank transfer, the Customer is obliged to indicate the bank account number to be returned. The return of QOOL Points is settled according to the Price List.
§15. Termination of the Agreement at the request of the Customer
1. The Customer has the right to terminate the Agreement at any time. The termination may be submitted by the Customer in the following way:
a) Removal of the Account by the Customer via the Mobile Application is tantamount to termination of the Agreement and has the same effects as submitting a declaration of termination of the Agreement, described in point §14 of the Regulations.
b) by electronic means to the e-mail address [email protected],
c) by traditional mail, by registered mail, to the Operator’s postal address specified in §1 section 5 Of the Regulations.
Withdrawal from the Agreement each time requires an indication in the content of the declaration of withdrawal of the Customer’s telephone number connected to the Mobile Application, which telephone number is the Customer’s ID and is necessary to verify the account to which the withdrawal relates.
2. The Package is canceled via the Mobile Application in the Menu / Settings / Packages tab.
3. The notice period is 14 days from the date of delivery of the notice to the Operator or from the date of removal of the account by the Customer. The effect of termination of the Agreement is the liquidation by the Operator of the Customer Account in the QOOL RENT System. If the Client has a Package, the Agreement shall be terminated at the end of the last day of the Package period referred to in clause VII.5. Of the Regulations.
4. During the notice period, the Customer is obliged to pay the outstanding and due payments to the Operator. Termination of the Agreement in the event of non-payment of overdue payments does not affect the Operator’s right to claim an amount equal to the amounts unpaid by the Customer for the services provided by the Operator.
5. The QOOL Points left on the date of termination of the Agreement and unused QOOL Points from the Client’s Portfolio are returned at the Client’s request in the amount of 1 QOOL Point = PLN 0.1. Accounts ”in the Mobile Application
§16. Blocking User Accounts
1. The Operator reserves the right to temporarily or permanently block the Customer Account in the QOOL RENT System in the event of failure to comply with the terms of use of the QOOL RENT Scooters contained in these Regulations.
2. In particular, the Account Blockade may occur when the Client:
a) did not complete the personal data described in detail in point §.3. Regulations, b) uses the Scooters contrary to its intended purpose,
c) incorrectly returned the Scooter.
3. The Account may also be blocked if the Scooter has been lost or damaged after the Scooter has been rented by the Customer.
4. The permanent blocking of the Customer’s Account prevents the creation of another Account in the future and is tantamount to the termination of the Agreement with the Customer due to his fault.
§17. QOOL RENT mobile application
1. The QOOL RENT Mobile Application is available for download free of charge (free of charge) in Google Play and Apple AppStore stores.
2. The use of the Mobile Application is possible on mobile devices with an appropriate up-to-date Google Android or Apple IOS system and with Internet access.
3. Using the Mobile Application is possible after registering in the QOOL RENT System. The provisions of these Regulations in the scope of the terms of use of the QOOL RENT System apply accordingly to the Mobile Application.
4. As part of the use of the Tariff Plans, the Customer is granted a non-exclusive, non-transferable, non-transferable and free license to use the Mobile Application – QOOL RENT System under the conditions specified in these Regulations.
5. The license is granted in the following fields of use:
a) use the System in accordance with its intended purpose,
b) for installation on the Customer’s end device,
c) storing the System in the memory of the end device and for displaying the System on the screen of the end device.
6. The duration of the license results from the selected Tariff Plan and the fees paid according to valid price list.
7. The customer is not entitled to: withdraw, borrow, lend, duplicate,
translation or any other form of disseminating and providing access to the Mobile Application and the QOOL RENT System. It is also forbidden to translate, modify, de-compile or in any other form interfere with the software as well as create studies and extensions that are derivatives of the System.
§18. Final Provisions
1. Acceptance of these Regulations and the rental of a Scooter are tantamount to: a declaration of health enabling safe movement on a Scooter and the ability to ride a Scooter, as well as having the permissions required by law and knowledge of road traffic regulations.
2. The Operator reserves the right to terminate the Agreement with immediate effect if the Customer violates the provisions of these Regulations (e.g. failure to return the Scooter within the required period), and the Customer is entitled to claims against the Operator related to the return of funds from the Customer Account, unless earlier have been used by the Operator to cover the liabilities that are due for the Client.
3. The operator is entitled to amend the Regulations or the Privacy Policy with effect for the future. Information about changes to these Regulations or the Privacy Policy will be made available via the Mobile Application. Information about changes will be sent to Clients 14 days in advance by post or to the e-mail address provided during registration and will be posted on the website www.qool.rent
4. QOOL points loaded by the User before the changes to the Regulations or the Privacy Policy enter into force remain in the user’s account and may be used in accordance with the new content of the Regulations or the Privacy Policy. User Packages launched before the amendment to the Regulations or the Privacy Policy changing their scope or method of use will be converted into the newly applicable Packages as of the date of entry into force of the new content of the Regulations or the Privacy Policy. The User may end the Package after the date of changing the Regulations on general terms.
5. These Regulations are subject to Polish law and should be interpreted in accordance with it.
In matters not covered by these Regulations, generally applicable law shall apply, in particular the Civil Code and the Road Traffic Act.
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