• City bike rent operator used abusive clauses. It amended its regulations illegally and wrongly charged consumers with an additional fee
• President of UOKiK has imposed more than PLN 791 thousand fine on Nextbike Polska.

Nextbike Polska Spółka Akcyjna w restrukturyzacji is a leading operator of city bike systems. Bike rentals of this entrepreneur are located in a dozen or so towns and cities in Poland. As President of UOKiK found, the company, in its agreements with consumers, applied the clauses of abusive nature. Following the decision of President of UOKiK, Nextbike Polska has to pay more than PLN 791 thousand fine.

Amendment to the Regulations? Only provided that there exist valid grounds

Consumers use Nextbike rental via their smartphone applications. They are required to set up and supply an individual user account where the company makes settlements for the time of using its bike. Although each bike rental agreement is concluded for definite term (until the bike is returned), the agreements related to user accounts are a continuous obligation concluded for indefinite term. Consumers deposit their monies there and if the monies are not used up, they are transferred to the next rental. Amendments to such agreements depend on a relevant modification clause.

The provisions challenged by President of UOKiK authorised the entrepreneur to unilaterally amend the provisions contained in the regulations, with no specific grounds therefor. Nextbike Polska took advantage of this authorisation in 2020 when in a few localities in Poland it had introduced a one-off fee of PLN 10 for using customer accounts. As a result, the current consumer accounts were charged with this fee and those users who had less money deposited on them received debt collection calls to pay the missing values amounting to few zlotys.

-Nextbike Polska did not specify in what circumstances it might amend the regulations or what those amendments might relate to. Consumers were not able to predict what fee they would be charged with. Changes in the price of the service in the case of a contract concluded for indefinite time are conditional on the relevant provisions stipulated before the conclusion of the contract. They must clearly specify important grounds authorising one to modify the obligation. For this entrepreneur, the clauses in agreements were abusive ones and should not have been used - says Tomasz Chróstny, President of UOKiK.

Amendments to the regulations were communicated to consumers via electronic mail. If within 14 days consumers failed to notify the company in writing that they would not consent to them, the company concluded that they had been accepted. On the other hand, non-acceptance was tantamount to the agreement termination for the city bike operator. This is yet another example of the way the company disturbed the balance of the parties to the obligation.

Nextbike Polska Spółka Akcyjna w restrukturyzacji will have to pay more than PLN 791 thousand as soon as the decision becomes final and will have to inform its consumers about the decision of the President of UOKiK who will be able to assert their rights in court on this basis. Additionally, a relevant declaration will be published by the entrepreneur on its website and on its Facebook profile.

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