Regulations

§ 1. Definitions

“Regulations” – this document;
“Service” – means the Internet service, located at https://cylindersi.pl/, including subpages;
“Privacy Policy” shall mean the privacy policy of the Website, available under the Privacy Policy tab;
“Service Provider” – it is understood to mean Cylinders Sp. z o.o., based in Warsaw, ul. Plac Bankowy 2, 00-095 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under KRS No.: 0000726678, assigned NIP No.: 5252746380 and REGON No.: 369912123; the Service Provider’s registration files are in the District Court for the city of Warsaw. st. The company is a member of the Warsaw Stock Exchange in Warsaw, XII Commercial Department of the National Court Register;
“Customer Service Office“- it is understood as a part of the Service Provider’s organizational structure, which performs the User’s service activities provided for in the Regulations; contact with the Customer Service Office is possible via e-mail: [email protected] and telephone number: 536 804 404, 24 hours a day 365 days a year.
“User” – means an adult natural person, a legal person and an organizational unit without legal personality, but able to acquire rights and incur obligations in its own name, who uses the Website or the Service;
“Customer” – means the User who books a vehicle rental;
“Consumer” – means a natural person performing a legal transaction with the Service Provider that is not directly related to his/her economic or professional activity;
“Service” – means one of the services offered by the Service Provider;
“Newsletter” – means a free newsletter of the Service, which the User may subscribe to and receive periodically at the indicated e-mail address.

§ 2. General provisions

The Service is operated by the Service Provider.
The Regulations set out the rules for the use of the Site, the type and scope of Services provided, including Services provided electronically, the terms and conditions for booking vehicle rental and concluding, executing and terminating contracts, the complaint procedure, the handling of disputes, as well as the principles of personal data protection.
The content of the Terms and Conditions is available on the Website under the “Terms and Conditions” tab and can be recorded by the User at any time by saving or printing the page. At the request of the User, the Service Provider will provide the User with the content of the Terms and Conditions in the form of an electronic file.
The User using the Service is obliged to refrain from activities that are inconsistent with generally applicable laws, in particular from providing content of an unlawful nature or unauthorized interference with the content of the Service.
The Service Provider provides by electronic means Services consisting, in particular, in enabling the User to register an account on the Website, to order the Newsletter, and also provides the User with a contact form and a vehicle rental reservation form.
In order to ensure the security of the transmission of messages and data, the Service Provider shall take technical and organizational measures appropriate to the degree of security risk of the Service provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted over the Internet.

§ 3. Technical requirements

In order to use the Service, the User should have:
1. A computer or other multimedia device with access to the Internet;
2. An operating system capable of running a web browser;
3. Internet browser, whereby for the proper functioning of the Website the browser should accept cookies;
A user registering an account on the Site, ordering the Newsletter, or booking a vehicle rental should additionally have an e-mail address.

§ 4. Content of the Service

The prices specified in the Service are expressed in Polish zloty and do not include value added tax (VAT).
The types and characteristics of vehicles that can be reserved, as well as rental rates, are specified in the Service.

§ 5. Registering an account and logging into the Service

Registration of an account on the Website is voluntary and free of charge. The service is provided for an indefinite period. Account registration is required to book a vehicle rental.
To register an account, fill out the registration form. After registration, the User may change or save additional data to his/her account.
At the time of account registration, the User may additionally subscribe to the Newsletter by checking the appropriate box of the registration form.
Registration of an account on the Website requires reading and accepting the Terms and Conditions and the rules for processing personal data (Privacy Policy), by checking the appropriate boxes on the registration form.
The data, provided during the registration of an account on the Website, is processed in order to create an individual account of the User, which makes it possible to save the data in the account for use in completing the vehicle rental reservation form in the future. The legal basis for data processing is the service contract. The provision of data is voluntary, however, the provision of data specified in the registration form as required is necessary for the creation of an account and the conclusion of a contract for the provision of services (without these data it will not be possible to register an account). Data will be processed for the duration of the service, and thereafter may be kept for the period of the statute of limitations for claims to and against the Service Provider.
A user who has registered an account can log in to it by entering his e-mail address and the established password in the login tab.
It is recommended that the User keep the password confidential, in a way that prevents unauthorized persons from learning it, and change it regularly.
The user may cancel the account at any time free of charge (termination without notice). The request to delete the account should be addressed to the Service Provider in writing or to the Customer Service via e-mail.

§ 6. Booking a vehicle rental

Reservation of vehicle rental is subject to availability.
Reservations are accepted and processed by the Customer Service Office.
Customers can book a vehicle rental after logging into their account.
The booking process begins by selecting a vehicle and clicking the “Book Now” button, located in the vehicle description sheet. After selecting a vehicle, finalize the reservation by taking the next technical steps, based on the messages displayed to the customer.
To book a vehicle rental, the customer provides the data specified in the reservation form.
Booking requires reading and accepting the Terms and Conditions and the rules of processing personal data (Privacy Policy).
The data you provide when booking a vehicle rental is processed for the purpose of securing a reservation and preparing a vehicle rental agreement. The legal basis for data processing is the customer’s consent. The provision of data is voluntary, however, the provision of data specified in the reservation form as required is necessary for making a reservation and the subsequent conclusion of the contract (without these data it will not be possible to book a vehicle rental). Data will be processed for the time necessary to secure a reservation or to withdraw consent.
The reservation, to be valid, requires confirmation by the Service Provider of the availability of the vehicle. The service provider confirms the availability of the vehicle by sending a message to the Client via electronic mail (e-mail).
The conclusion of the vehicle rental agreement occurs on the date specified as the beginning of the rental, on the basis of separate statements of the parties made in writing. Other terms of the lease are specified in the agreement.
At the latest at the time of collection of the vehicle, the customer is required to pay the fee for the entire rental period.

§ 7. Cancellation of vehicle rental reservation, change and correction of incorrect data in the reservation

vehicle.
To cancel a reservation, change or correct incorrect information in a reservation, contact Customer Service.
In the event of cancellation of vehicle rental, the service provider reserves the right to retain 50% of the rental value.

§ 8. Paying the rent

The Client, after the Service Provider confirms the reservation, may pay for the vehicle rental as follows:
1. bank transfer:

Transfer details:

Cylinders Sp. z o.o.

Street. Plac Bankowy 2, 00-095 Warsaw

mBank

Account no: 21 1140 2004 0000 3802 7757 6345

Foreign transfer details:

mBank

Account no: PL21 1140 2004 0000 3802 7757 6345

SWIFT: BREXPLPWMBK

online internet payments; the payment service provider is Krajowy Integrator Płatności Spółka Akcyjna, based in Poznań, at ul. St. Marcin 73/6, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number 0000412357, NIP number 7773061579, REGON number 300878437, share capital PLN 5,494,980.00 (paid in full).
Cash or credit card, upon receipt of the vehicle.

§ 9. Withdrawal from a contract concluded at a distance or off-premises (applies to the Consumer)

A consumer who has entered into a remote or off-premises contract with the Service Provider may withdraw from the contract within 14 days without stating a reason and without incurring costs.
The period for withdrawal from the contract begins from the date of conclusion of the contract.
To meet the deadline it is sufficient to send the statement before its expiration.
The consumer may withdraw from the contract by submitting a statement of withdrawal to the Service Provider. The statement can be submitted on a form, the model of which is attached as Appendix 1 to the Regulations.
In addition, the service provider provides the possibility to submit a withdrawal statement electronically. In such a case, the Consumer may also withdraw from the contract using the model withdrawal form, attached as Appendix 1 to the Regulations, by sending it via e-mail to the Customer Service.
In the event of withdrawal from the contract, the contract is considered not concluded. If the Consumer has made a declaration of withdrawal before the Service Provider has accepted his offer, the offer ceases to be binding.
The Service Provider shall immediately, but no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by him.
The Service Provider shall refund the payment using the same method of payment used by the Consumer, unless the Consumer expressly agrees to a different method of refund that does not incur any costs for the Consumer.
At the time of withdrawal by the Consumer from the contract concluded at a distance or off-premises, the related ancillary contracts concluded by the Consumer shall expire, if based on them the performance is performed by the Service Provider or a third party under an agreement with the Service Provider. The consumer does not bear the costs associated with the termination of these contracts. If the ancillary contract was concluded with a third party, the Service Provider shall inform this person of the Consumer’s withdrawal from the contract.
The right of withdrawal from a contract concluded off-premises or at a distance does not apply to the Consumer for contracts:
1. for the provision of services, if the Service Provider has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance by the Service Provider will lose the right to withdraw from the contract;
2. in which the price or remuneration depends on fluctuations in the financial market, over which the Service Provider has no control, and which may occur before the deadline for withdrawal;
3. in which the object of performance is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet his individualized needs;
4. in which the object of performance is an item that is perishable or has a short shelf life;
5. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
6. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
7. in which the subject of performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Service Provider has no control;
8. in which the Consumer expressly requested that the Service Provider come to him/her for urgent repair or maintenance; if the Service Provider provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the contract with respect to the additional services or items;
9. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
10. for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
11. concluded through a public auction;
12. for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
13. for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the Service Provider has informed him of the loss of the right to withdraw from the contract.
The data will be processed in order to realize the Consumer’s right. The legal basis for data processing is the fulfillment of legal obligations incumbent on the Service Provider. Providing the data specified as required in the withdrawal form is necessary to exercise this right. The data will be processed for the time necessary for the fulfillment of the Service Provider’s legal obligations, and may later be kept for the period of the statute of limitations for claims to and against the Service Provider.

§ 10. Complaint about the Service provided

Complaints about the Service should be addressed to the Service Provider in writing or by e-mail to the Customer Service.
In the complaint, the User should provide his/her name, mailing address and specify the subject of the complaint.
The service provider will respond to the complaint within 14 days of receipt.
Data will be processed for the purpose of processing complaints. The legal basis for data processing is the fulfillment of legal obligations incumbent on the Service Provider. The provision of data is voluntary, however, the provision of data specified for the complaint application as required is necessary for its submission (without these data it will not be possible to submit a complaint). The data will be processed for the time necessary to process the claim, and thereafter may be kept for the period of the statute of limitations for claims to and against the Service Provider.

§ 11. Newsletter

The User may subscribe to the Newsletter of the Service, which will be received periodically at the indicated e-mail address. The service is provided free of charge for an indefinite period.
Ordering the Newsletter requires reading and accepting the Terms and Conditions, the rules for processing personal data (Privacy Policy) and agreeing to receive commercial information via e-mail, by clicking on the link received by the User, at the e-mail address indicated by him, confirming the order of the Newsletter.
The data is processed for the purpose of providing the User with the Newsletter. The legal basis for data processing is the service contract. Providing the data is voluntary, however, providing the data specified in the Newsletter order form as required is necessary for ordering the service and concluding the contract for its provision (without providing these data it will not be possible to order the Newsletter). Data will be processed for the duration of the service, and thereafter may be kept for the period of the statute of limitations for claims to and against the Service Provider.
The user may unsubscribe from the Newsletter at any time free of charge (termination without notice). The request should be addressed in writing to the Service Provider or via e-mail to Customer Service. A user who has registered an account may independently cancel the Service after logging into his/her account.

§ 12. Service provider’s profiles on social networks

The Service Provider maintains profiles in social networks, designed to publish information about the Service Provider, the Service offered by the Service Provider, or promotional campaigns conducted by the Service Provider. In addition, some services allow the recipient or observer of the profile to publish content or conduct other forms of activity. Information about the profiles maintained by the Service Provider is available on the main page of the Website.
In order to become a recipient or observer of the Service Provider’s profile, to publish your own content, or to carry out other forms of activity stipulated by the relevant service, you must have an account on this service and perform technical actions in accordance with the rules of this service. The service is provided free of charge for an indefinite period. The recipient or observer may cancel the Service at any time (termination without notice). Cancellation of the service must be done on the basis of technical actions, in accordance with the rules of this service.
The recipient or observer of the Service Provider’s profile is obliged to refrain from activities that are inconsistent with generally applicable laws, in particular from providing content of an unlawful nature.
The provision of data is voluntary, however, the provision of data, to the extent required by the relevant social network, is necessary for the use of the Service (without the provision of such data it will not be possible to use the service). Data will be processed for the period of time that the recipient or observer uses the Service, with content or other forms of activity that are posted by the recipient or observer on the Service Provider’s profile being published until the recipient or observer deletes his or her profile or blog, or the content or activity is deleted.
Other terms and conditions for the use of the relevant social networking site or blog are set forth in the terms and conditions of that site.

§ 13. Data protection

The administrator of the data is the Service Provider.
To the extent permitted by generally applicable law, the recipient of the data may be an entity that provides the Service Provider with services related to its operations, such as an entity providing ICT services, operator of the Site platform, operator of the payment system that supports the form of payment selected by the Client, operator of the rental point where the Client picks up the vehicle, entity providing postal or courier services, entity providing office, accounting, marketing or legal services.
If the basis for processing is consent, the data subject has the right to withdraw consent to the processing of personal data at any time, without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
In situations provided by law, the data subject has the right to request from the Service Provider access to personal data concerning him/her, their rectification, erasure or restriction of processing, as well as the right to data portability and the right to lodge a complaint with the supervisory authority.
Requests for data processing should be addressed to the Service Provider in writing or via e-mail to Customer Service.
Information about the purpose, the legal basis, the requirement to provide and the time of data processing are specified in the sections on the processing of certain categories of data.

§ 14. Out-of-court ways of dealing with complaints and claims (applies to Consumers)

The consumer can use out-of-court means of handling complaints and claims.
The Consumer may apply to the competent provincial inspector of the Trade Inspection to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Service Provider in accordance with Art. 36 of the Law of December 15, 2000. On Trade Inspection (Journal of Laws of 2001 No. 4, item 25, as amended).
A consumer may also request settlement of a dispute arising from a sales contract by a permanent arbitration consumer court at the provincial inspector of the Commercial Inspection, referred to in Art. 37 of the Trade Inspection Law.
Detailed information about out-of-court methods of handling complaints and pursuing claims is also available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection and Provincial Inspectorates of Trade Inspection.

§ 15. Final provisions

All provisions of the Regulations shall be read and interpreted to the extent permitted by generally applicable law. In particular, the provisions of the Regulations do not affect the rights granted to the Consumer.
In matters not regulated in the Regulations, the relevant provisions of generally applicable law shall apply, in particular the Act of April 23, 1964. Civil Code (Dz. U. of 1964 No. 16, item 93, as amended), the Law of May 30, 2014. On consumer rights (Journal of Laws of 2014, item 827, as amended), and the Act of July 18, 2002. On provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).
The Service Provider may change the Regulations for the following reasons:
1. the need to adapt the Regulations to generally applicable laws, a court ruling or a public administration body;
2. The need to correct errors or clerical mistakes in the Regulations;
3. change of contact details, e-mail addresses, names or identification numbers used in the Regulations;
4. Change in the functionality of the Service;
5. Change in the scope or terms of provision of Services, including Services provided electronically;
6. change of technical conditions for use of the Site or provided Services.
Any changes to the Terms and Conditions, upon fulfillment of other conditions provided by law, shall become effective 14 days after their publication on the Site. At the same time, with at least 14 days’ notice, the Service Provider will notify the User having a registered account or ordering the Newsletter of the change in the Terms and Conditions.
A User who does not agree with the changes may resign from the Service at any time free of charge (even after the changes take effect), in particular delete his/her account on the Service or resign from receiving the Newsletter (termination of the agreement with immediate effect).
Amendments to the Regulations do not apply to vehicle rental reservations made in the wording in effect prior to the effective date of such amendments. Such bookings will be made under the terms of the Regulations as in effect at the time of booking.
The regulations are effective as of January 17, 2019.