SUPPLEMENTAL TERMS (RIDERS) - UBER PACKAGE BIKE (POLAND)

Last update: 04.11.2024.

1. Contractual Relationship

These Supplemental Terms and Conditions (“Supplemental Terms”) govern your access and use of applications, websites, content, products, and services (the “Services”) made available by:

• Uber B.V., a private limited liability company established in the Netherlands, having its offices at Burgerweeshuispad 301, 1076 HR, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 56317441 (Uber B.V.); and
• Uber Polska sp. z o.o. with its registered seat at ul. Inflancka 4, 00-189 Warsaw, KRS: 0000496290 (Uber Polska); and
• Uber Eats Poland sp. z o.o. with its registered seat at ul. Inflancka 4, 00-189 Warsaw, KRS: 0000798301 acting as merchant of delivery services (Uber Eats Poland)

(collectively the above entities referred to as: “Uber”) that enable you to arrange and schedule the delivery of small package(s) (the “Package(s)”) by a two-wheeled vehicle to a designated address. Uber Eats Poland contracts with third party independent providers (“Delivery Partners”) in order to provide delivery services to You.

These Supplemental Terms are supplemental terms to the General Terms of Use (“Terms”) and were introduced on the basis of article 15.1 (c) of the Terms. This means where you choose to use Uber Package Bike to request delivery services with Uber Eats Poland, the following applies to your use and access of Uber Package Bike:

• these Supplemental Terms; and
• the Terms.

Please read these Supplemental Terms carefully prior to accessing and using the Services. Your agreement to the Supplemental Terms establishes a contractual relationship between you and Uber. Capitalized terms used in the Supplemental Terms but not defined in the Supplemental Terms shall have the meanings ascribed to them in the Terms.

By accessing or using Uber Package Bike, you confirm your agreement to be bound by the Supplemental Terms. If you do not agree to the Supplemental Terms, you may not access or use Uber Package Bike.

2. Access and Use of Uber Package Bike

2.1. This section sets out rights and obligations that apply to your use of Uber Package Bike. These rules apply in addition to any other rights or obligations set out in the Terms.

2.2. User Requirements. You may not authorize third parties to use your Account to access and use Uber Package Bike. You agree to comply with all applicable laws when accessing or using Uber Package Bike, and you may only access or use Uber Package Bike for lawful purposes.

2.3. Prohibited Items. You may not use or access Uber Package Bike or use the delivery services provided by Third Party Providers to send any Prohibited Items (“Prohibited Items”). The list of Prohibited Items includes, but is not restricted to: (i) Illegal items; (ii) Firearms, weaponry, and their parts; (iii) Alcohol; (iv) Highly perishable food or beverages (e.g., raw meat or dairy products), pharmaceutical products, over-the-counter medications, vitamins or supplements; (v) Recreational drugs, drug paraphernalia, or tobacco products; (vi) Money, giftcards, lottery tickets or transferable securities; (vii) Dangerous or hazardous items, including explosives, items that are poisonous or flammable, medical waste and other dangerous or hazardous items as described in the applicable regulations; (viii) Stolen goods and; (ix) Fragile items; (x) live animals or humans. Uber retains the discretion to prohibit additional items from time to time. It is your responsibility to ensure that you have checked the current list of Prohibited Items each time you use the Uber Package Bike request option. For more information about the Prohibited Items, please visit this website.

2.4. Package Restrictions. The Package(s), together, per trip, (i) may not be greater than nine (9) kg, (ii) must fit comfortably in the boot of a mid-size two-wheeled, and (iii) may not have a total value greater than PLN 500.You must prepare and securely close and seal the Package(s) for safe delivery.

2.5. Refusal or Rejection of Deliveries. You acknowledge and agree that the Packages are delivered at your request by Delivery Partners. If you cancel your request, Uber Eats Poland will charge you a cancellation fee in accordance with applicable Uber's cancellation policies.

2.6. Delivery, Redelivery, and Undelivered Packages. If Delivery Partner is not able to complete the delivery for example, because it is unable to locate the delivery location and is unable to make contact with you or the recipient, Delivery Partner may attempt to arrange for the return of the Package to you. If Delivery Partner is not able to return the Package to you, you acknowledge and agree that the Package may be left at the original pickup location, an alternative location as instructed by you, an Uber Greenlight Hub (if that option is made available in the particular market), or at the delivery location or safe place near the delivery location as agreed between you and Delivery Partner (or Uber Eats Poland). To the extent feasible and if requested by you, the Services will reasonably permit you to rearrange the delivery with Uber Eats Poland or facilitate the exchange of the undelivered Package between you and Delivery Partner (or Uber Eats Poland). You are responsible for the reasonable costs associated with the return, redelivery or disposal of your Package, except where the return, redelivery or disposal arises from any fraudulent, unlawful or negligent act or omission by Uber Eats Poland or in case of total or partial non-performance by Uber Eats Poland which was not caused by your action or omission. Uber Eats Poland reserves the right to facilitate payment for the reasonable costs associated with the return, redelivery or disposal of your Package using any of your payment methods designated in your Account.

2.7. Loss or Damages. Uber Eats Poland is not liable to you or any other person for any loss or damage arising, or that may be suffered, in connection with the provision of the delivery except to the extent that any loss or damage arises from any fraudulent, unlawful or negligent act or omission by Uber Eats Poland or Uber Eats Poland’s total or partial non-performance which was not caused by you.

2.8 Uber Package Bike services are offered in limited areas as indicated in the App (“Service Area”). Uber Eats Poland does not guarantee that Uber Package Bike will be available in the Service Area at all times, however if there are no available Delivery Partners, you will not be able to order a delivery.

​​2.9 If Uber Eats Poland cancels a given Uber Package Bike delivery for reasons beyond your control, you are entitled to a refund of all fees.

3. Payment

3.1 The charges for delivery of the Packages in accordance with the Supplemental Terms will be presented to you in the Application and/or Website you use to access Uber Package Bike. Uber Eats Poland reserves the right to facilitate payment for the reasonable charges associated with the delivery, return, redelivery or disposal of your Package using any of your payment methods designated in your Account. Unless otherwise specified by Uber, you acknowledge and agree that payment for delivery transactions may only be made by you using a digital or electronic payment method on file. For the avoidance of doubt cash payments are not accepted.

3.2 You will receive a non-fiscal invoice from Uber Eats Poland covering delivery of goods with Uber Package Bike. If Uber Eats Poland is obliged to issue you a fiscal receipt for the Uber Package Bike services, you consent to receiving such fiscal receipts only in electronic form to the e-mail address provided by you or in the Uber application, in particular as a .pdf file immediately after the Uber Package Bike service is provided.

3.3 If you are dissatisfied with the Uber Package Bike services, you can only submit a complaint to Uber Eats Poland. Uber Eats Poland will be able to refund payments for unsatisfactory quality or provide you with an appropriate discount on further orders.

3.4. Notwithstanding any other circumstances in which Uber may suspend your Uber Account, if a payment is unable to be collected due to insufficient funds, Uber may suspend your access to the Uber Package Bike services by blocking the Uber App until your payment method allows collection.

4. Limitation of Liability; Indemnity

4.1. Nothing in these Supplemental Terms limits and excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alter your rights as a consumer that cannot be excluded under applicable law.

4.2. Uber Eats Poland does not maintain insurance for loss, damage, or theft in respect of the Packages or delivery provided by Uber Eats Poland in connection with Uber Package Bike. You should contact an insurance agent or broker if insurance coverage is desired in connection with the Package(s) or your use of Uber Package Bike.

4.3. If you use Uber Package Bike to arrange delivery of Package(s) not prohibited under these Supplemental Terms, you assume full responsibility for such Package(s) after delivery, including any damage due to temperature sensitivity and/or tampering.

4.4. Uber is not liable under or in relation to these Supplemental Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), restitution or otherwise for any of the following connected to the use of Uber Package Bike: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill, (vii) indirect or consequential loss and (viii) Loss, theft, tampering or delay in regards to the Packages that you send using Uber Package Bike.

4.5. Uber is not liable for delay or failure in performance resulting from causes beyond our reasonable control.

4.6. To the extent permitted by law, Uber Eats Poland excludes all warranties and disclaims all liability for any act or omission by you or any third party.

5. Termination

For termination of the present Supplemental Terms, the provisions of Clause 14 of the Terms shall apply accordingly.

6. Privacy

Where applicable, you confirm that you have obtained consent from the recipient to share their address details with Uber, and that their personal data will be processed in accordance with our Privacy Notice.

7. Miscellaneous

For all issues related to Uber Package Bike that are not covered by these Supplemental Terms, the Terms shall apply accordingly.

By accepting these Terms, you agree to be bound by these Terms.