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Regulations

General terms and conditions of entering into an agreement on transport
by means of municipal public transport with the use of
URBANCARD – the Wrocław Municipal Card

 



Chapter 1
General Provisions


§1


The passenger may conclude an agreement on travelling by means of municipal public transport with the Wrocław Commune by purchasing the ticket coded on URBANCARD, the Wrocław Municipal Card.


§2


The general terms and conditions of concluding an agreement on travelling by means of municipal public transport with the use of URBANCARD shall set forth the rules governing the purchase of the card-coded ticket, the card’s issuance and use, the rules governing the filing of complaints about the ticket and the card and control of the card-coded ticket.


§3


The terms used herein shall have the following meaning:
1)Wrocław Commune – the organiser of transport by means of municipal public transport;
2)operator – the entity providing the services of selling municipal public transport tickets coded on URBANCARD under the agreement signed with the Wrocław Commune;
3)passenger – the person concluding an agreement on transport with the Wrocław Commune by purchasing the URBANCARD-coded ticket;
4)card-coded ticket, ticket – the season ticket in the form of an electronic record on proximity card, mentioned in resolution No VIII/275/99 of the Wrocław Municipal Council dated 23 April 1999 on the rules governing the payment for transport services by means of local public transport, authorising to travel by means of municipal public transport organised by the Wrocław Commune, in accordance with the effective tariff, excluding time and agglomeration tickets;
5)Resolution – resolution No VIII/275/99 of the Wrocław Municipal Council dated 23 April 1999 on the rules governing the payment for transport services by means of local public transport;
6)URBANCARD Wrocław Municipal Card, hereinafter referred to as URBANCARD or the card – the electronic proximity card being the carrier of tickets and other municipal services;
7)coding – recording the ticket on URBANCARD with the use of an appropriate device;
8)sale’s confirmation – a terminal printout confirming the coding, which contains the transaction date, the ticket type, the price, the point of sale’s designation, the card number;
9)URBANCARD personalisation – the process of inputting into the server’s database of: the card number, the passenger’s first name and surname, the address of residence, the birth date, PESEL number, the concession’s validity term, the student’s ID number, the (university) student’s ID number, the e-mail address, the telephone number, the photograph and printing the card number, the photograph, the passenger’s first name and surname on the card, in the event of a name card, or printing “Bearer’s Card” and the card number in the case of a bearer’s card;
10)ticket replacement – an adjustment of a ticket wrongly coded on URBANCARD;
11)ticket cancellation – removal of a ticket from URBANCARD;
12)card loss – the card loss, damage or theft;
13)service terminal – a device installed in points of sale, designed for selling and coding tickets in the card;
14)self-service terminal (stationary automated machine) – a stationary device designed for selling and coding tickets in the card;
15)mobile terminal – a mobile device installed at means of municipal public transport organised by the Wrocław Commune, designed for coding tickets purchased via the operator’s website on the card;
16)point of sale – a place where tickets are sold to passengers;
17)BOK – URBANCARD Customer Service Office, performing the function of the point of sale and the customer service point in respect of collection of applications, personalisation and issuance of ready-made cards, review of ticket-related complaints, informing customers of the rules governing the URBANCARD’s use, regulations of passenger transport and issuance of sales documents in the form of VAT invoices to URBANCARD’s users on the basis of the proof of purchase;
18)POK – URBANCARD Customer Service Point, performing the function of the point of sale and the customer service point in respect of collection of applications and issuance of ready-made cards, informing customers of the rules governing the URBANCARD’s use and regulations of passenger transport;
19)PPW – URBANCARD Application Collection Point, performing the function of the point of sale and the customer service point in respect of collection of applications for issuance of URBANCARD, informing the customers of the rules governing the URBANCARD’s use and regulations of passenger transport, established on a temporary basis until 31.12.2010;
20)General Terms and Conditions – these terms and conditions of concluding an agreement on transport by means of municipal public transport with the use of URBANCARD.


§4


1.Under these General Terms and Conditions, the Wrocław Commune shall conclude a transport agreement with the passenger upon coding the ticket used for the purposes of municipal public transport on URBANCARD by the operator.
2.The following types of URBANCARD shall be used:
1)name card;
2)bearer’s card.
3.URBANCARD shall not bear any external information on tickets coded therein.
4.URBANCARD shall include an integrated railway ticket in the sticker’s form, authorising to make use of railway transport under the agreement concluded by the Wrocław Commune with the railway carrier when the passenger has purchased an integrated ticket.
5.The entitlements to pay the concession fares for public transport organised by the Wrocław Commune have been determined by the Resolution.
6.URBANCARD shall be operated by the operator selected by the Wrocław Commune.
7.The operator’s tasks shall include:
1)accepting the applications for card issuance;
2)card personalisation;
3)issuance of ready-made cards;
4)reviewing complaints about URBANCARD and tickets coded on UBRANCARD;
5)informing the passengers of the card use rules;
6)informing the passengers of the passenger transport regulations;
7)passing to the Wrocław Commune the complaints lodged at BOK or POK, concerning the work of controllers and carriers, organisation of municipal transport, within two business days of the date of receipt thereof, either in the electronic form of by fax;
8)selling the card-coded tickets at Points of Sale of the operator’s distribution network the list of which may be found on the website.
 



Chapter 2
 Rules Governing the URBANCARD Use


§ 5


The following general rules governing the use of URBANCARD shall be in force:
1)URBANCARD may be issued solely with the ticket being coded therein, excluding the situation where the card is obtained as a carrier for other services;
2)all URBANCARDs issued shall be valid for indefinite term;
3)URBANCARD must not be broken, bent or otherwise physically damaged;
4)URBANCARD must not be subject to high and low temperatures and chemical substances, strong magnetic or electric fields;
5)defective URBANCARD shall be replaced in the complaint mode;
6)damages resulting from the card’s use contrary to the purpose thereof shall not be subject to complaint.


§6



The following general rules governing the use of name cards shall be in force:
1)the passenger may purchase only one name card;
2)it shall be possible to code a name ticket, regular and concession, on the name card;
3)the date until which the entitlement to concession is valid shall be coded on the name card of a passenger entitled to use the concession tickets;
4)a concession name ticket may be coded solely on a card where the term during which the passenger is entitled to enjoy the concession is determined, with the proviso that the expiry date of the concession ticket may not fall later than the concession’s expiry date;
5)in order to extend the term, specified earlier, until which the passenger is entitled to use concession tickets one needs to present at BOK or POK the document entitling to the continued concession;
6)the obligation to extend the term, mentioned under item 5, shall not apply to children at the age from 4 to 16, since the entitlement is coded for a continual term until the age of 16;
7)after the expiry of the concession’s term, the passenger may code only regular tickets on the name card;
8)in the case of the name card’s loss, the passenger should report the lost card personally at BOK in order to reproduce the funds coded therein in a new card.


§7


The following general rules governing the use of bearer’s cards shall be in force:
1)it shall not be possible to code name tickets on the bearer’s card;
2)it shall be possible to code bearer’s tickets, regular or concession, on the bearer’s card:
3)in the case of the bearer’s card’s loss, the passenger may report the lost card at BOK upon presenting the proof of purchase in order to prevent the possibility of using the card.


Chapter 3
 Rules Governing the Issuance of URBANCARD


§8


The following general rules governing the issuance of name cards shall be in force:
1)the first name card shall be issued free of charge;
2)in order to issue the name card it shall be required to purchase one of the tickets,
excluding the situation where the card is obtained as a carrier for other services;
3)the name card shall be issued on the basis of a written application filed with the operator or via the operator’s website; if the application has been filed via the website, the passenger shall be obliged to present an ID document when collecting the card, and if the ticket is to be a concession one – also the document entitling to the concession;
4)if the application for issuance of the name card is filed via the website, an application of the same content as a written one and detailed instructions shall be displayed at the website address;
5)in order to be issued with the name card, the passenger shall file an application, photograph, ID document and – being entitled to travel by means of public transport on a concession basis – the document entitling to the concession;
6)the deadline for processing of an application for name card’s issuance shall be 5 business days;
7)one may collect the name card at the operator’s – at BOK or POK indicated in the application;
8)the name card shall be issued to the passenger against written acknowledgement, upon having presented an ID document;
9)the passenger should collect the name card within 30 calendar days of the date of the application’s submission;
10)in the case of any change of personal details, the name card’s user shall be obliged to notify the operator thereof.


§9


The following general rules governing the issuance of bearer’s cards shall be in force:
1)the bearer’s card shall be issued free of charge;
2)it shall be required to purchase one of bearer’s tickets in order to be issued with the bearer’s card;
3)the bearer’s card shall be issued to the passenger by the operator at BOK, POK or at points of sale.
 



Chapter 4
 Rules Governing the URBANCARD Coding


§10


The following rules governing the URBANCARD coding shall be in force:
1)it shall be possible to code two tickets at URBANCARD at the same time.
2)the ticket shall be purchased via the tickets’ distribution network organised by the operator;
3)the ticket’s coding on the card, excluding purchase via the website, shall be confirmed by a printout containing the transaction date, the ticket’s type, the price thereof, designation of the point of sale, the card number;
4)the printout from the coding device shall not confirm the entitlements to travel by means of municipal public transport;
5)the start date of the validity term of the ticket purchased shall be determined by the passenger at the purchase time and recorded both on URBANCARD and in the IT system;
6)the end date of the validity term of the ticket purchased must not exceed 6 months of the date of the ticket’s purchase;
7)the terminal at the points of sale, the self-service terminal, the mobile terminal and the operator’s website enable to read the validity term and the type of ticket coded on URBANCARD.

 


Chapter 5
General Rules Governing the Purchase of Tickets via the Website


§11


The following rules governing the purchase of tickets via the website shall be in force:
1)the customer shall be able to purchase the card-coded ticket via the website;
2)the card-coded ticket shall be purchased, provided that the mandatory data, required by the website service, have been entered by the customer;
3)the ticket purchased via the operator’s website should be coded at the mobile, service or self-service terminal;
4)detailed rules governing the use of service of the card-coded ticket’s purchase via the website shall be presented on the website.
 



Chapter 6
Rules Governing the Filing of Complaints about the Ticket and the Card


§ 12


The following rules governing the filing of complaints about the ticket and the card shall be in force:
1)the Wrocław Commune shall be responsible for processing the complaint about the work of controllers and carriers, and the organisation of municipal transport;
2)the operator shall be responsible for:
a)accepting and handling complaints,
b)timely processing and acknowledgement of complaints about tickets, card processing devices or ticket carriers,
c)issuance of a new card to the passenger;
3)complaints processed by the operator shall include:
a)replacement of the ticket,
b)cancellation of the ticket,
c)reporting the card’s loss;
4)replacement of the ticket – shall concern only undamaged cards, shall take place at the point of sale where the ticket was coded, shall concern the complaint about the coded ticket within the maximum time of 1 h of the coding date, on the same day;
5)cancellation of the ticket – shall concern only undamaged cards, shall take place at BOK, shall concern solely card-coded tickets within their validity term;
6)the card’s loss shall be reported at BOK.


§ 13


In the case of the ticket’s replacement, the procedure shall be as follows:
1)the passenger who found out within one hour of the purchase date that the coded ticket was not in line with his/her expectations may file a complaint with the point of sale where he/she purchased the ticket;
2)if the time which elapsed from the coding date is longer than 1 h or another day started, the complaint may be accepted only at BOK and acknowledged only in the ticket cancellation mode;
3)if there is no proof of purchase of the bearer’s ticket, the complaint may not be accepted;
4)the operator shall collect from the passenger the card being complained about;
5)the operator shall make the transaction’s adjustment in the terminal;
6)if the passenger complains about the coded ticket, the operator shall enter the new ticket’s code;
7)if the value of the new ticket is smaller than the value of the ticket complained about, the operator shall return to the passenger the price difference and confirms the replacement;
8)if the value of the new ticket is greater than the value of the ticket complained about, the operator shall collect from the passenger the price difference and confirms the replacement;
9)if the passenger files a complaint about the validity of the coded ticket, the operator shall enter the new expiry date and confirms the replacement.


§ 14


In the case of the ticket’s cancellation, the procedure shall be as follows:
1)BOK shall accept the passenger’s complaint of the ticket coded on URBANCARD;
2)if the card being complained about is missing or damaged, the complaint may not be accepted;
3)if there is no proof of purchase of the bearer’s ticket, the complaint may not be accepted;
4)the ticket may be cancelled during the entire validity term thereof;
5)the complaint shall be processed within 2 business days;
6)BOK shall accept from the passenger the card with the transaction complained about and fill in the ticket’s cancellation form;
7)BOK shall verify the card-coded ticket in the IT system recording the sales;
8)if the card-coded ticket is compliant with the record in the IT system, BOK shall remove information on the coded ticket from the card;
9)upon cancelling the ticket, BOK shall return to the passenger an equivalent of the cancelled ticket minus the amount of the used ticket (the nominal price divided by the number of the ticket’s validity days multiplied by the number of days remaining until the ticket’s end);
10)in the case of ticket’s cancellation when the validity term thereof has commenced, the BOK employee shall charge a handling fee amounting to 20% of the purchased ticket’s value;
11) in reasonable cases, when a line is liquidated, suspended or its route is changed, thus transport services are not provided in a given area, BOK shall cancel the contract without charging the handling fee for the passenger cancelling the ticket for 2 lines;
12) the passenger shall collect the cash and fill in at the same time the final statement in the complaint form;
13) if the card-coded ticket is not compliant with the record in the IT system, BOK shall retain against receipt the card complained about and shall immediately analyse the situation and provide the passenger with information on that basis.
    


§ 15


In the case of the card’s loss, the procedure shall be as follows:
1)the passenger shall report in writing the card’s loss to BOK;
2)the passenger may block the funds coded on the bearer’s card on the basis of the presented proof of purchase;
3)no duplicate of the bearer’s card shall be issued;
4)BOK shall fill in the complaint form on the basis of the report;
5)the complaint shall be accepted on the condition of presenting ID;
6)BOK shall retain against receipt the card complained about if the card has been damaged;
7)for the duration of manufacturing a new card the passenger shall be issued with a document entitling him/her to travel for 6 days by means of municipal public transport organised by the Wrocław Commune;
8)if the validity term of the lost ticket is shorter than 6 days, the passenger shall receive a document valid for a shorter time, corresponding to the validity term of the lost ticket;
9)the complaint shall be processed with 5 business days;
10) BOK shall verify the coding in the IT system;
11) if the passenger’s data are compliant with the record in the IT system, BOK shall block the lost card;
12) the new name card with the reproduced ticket and proof of purchase shall be issued to the card’s user presenting his/her ID, and handling fee amounting to PLN 18 shall be charged;
13) when collecting the new name card, the passenger shall fill in the final statement of the complaint form;
14) if the card-coded ticket or the proof of sale is not compliant with the record in the IT system, BOK shall analyse the situation and provide the passenger with information on that basis.



Chapter 7
Rules Governing the Control of URBANCARD


§ 16


The following rules governing the control of entitlement for travelling by means of municipal public transport coded on URBANCARD shall be in force:
1)the control shall be carried out in accordance with the rules laid down in the Resolution;
2)during the control, the passenger shall present the card with coded ticket to the controller;
3)if the passenger uses the name card, the controller shall have the right to demand that he/she presents an ID document;
4)in the event of the ticket entitling to travel on a concession basis, the controller shall have the right to demand that the passenger present the document entitling him/her to travel on a concession basis;
5)in the case if a well-grounded suspicion that the card is forged or tampered with by an unauthorised person, the controller shall have the right to retain the card against receipt, and the controller shall inform the operator about it.



Chapter 8
Liability


§ 17


The Wrocław Commune shall not be held liable for:
1)loss of funds accumulated on the lost name card until the day following the day of reporting the loss thereof to the operator;
2)loss of funds accumulated on the lost bearer’s card;
3)loss incurred as a result of blocking the card by the operator.


Chapter 9
Final Provisions


§ 18


1.The Wrocław Commune shall publicly announce the General terms and conditions of entering into the agreement on transport by means of municipal public transport with the use of URBANCARD.
2.The Wrocław Commune shall inform the operator and passengers of the introduction of new types of tickets and changes in the prices of the existing ones.
3.The operator shall update the tickets and prices as at the effective date thereof under the local law.
4.All disputes relating to the execution of the transport agreement with the use of URBANCARD shall be settled by the competent common courts for the Wrocław Commune in Wrocław.
5.These provisions of the General Terms and Conditions shall apply to the conclusion and execution of the transport agreement with the use of URBANCARD.
6.In cases not regulated herein there shall apply the binding laws, in particular the Transport Law and the Civil Code.