Payment Instrument Terms and Conditions

 

Terms and Conditions of the payment instrument issued by Polskie ePłatności Sp. z o.o. in a limited network dated 19 May 2025

Chapter I. INTRODUCTORY PROVISIONS AND DEFINITIONS

§1

1.     Terms and Conditions of the limited network payment instrument issued by Polskie ePłatności Sp. z o.o., headquartered in Rzeszów — (hereinafter referred to as the Terms and Conditions) define the rules of issuing the Instrument by Polskie ePłatności Sp. z o.o., headquartered in Rzeszów al. Tadeusza Rejtana 20B (35-310 Rzeszów), and the rules of using this Instrument to pay for transport services offered within the limited network of the Transport GZM System (hereinafter referred to as the System).

2.     The Instrument (hereinafter referred to as the Instrument) is a payment instrument within the meaning of Article 2(10) of the Payment Services Act of 19 August 2011 (i.e. Journal of Laws of 2021, item 1907) to which the provisions of the aforementioned Act do not apply pursuant to Article 6(11) of the aforementioned Act as the Instrument is used exclusively for the purchase of transportation services offered within the limited network of the System. The instrument is not accepted in the ŚKUP 1.0 system.

3.     Issuer of the Instrument (hereinafter referred to as the Issuer) means Polskie ePłatności Sp. z o.o., headquartered in headquartered in Rzeszów al. Tadeusza Rejtana 20B, entered in the Business Register kept by the District Court in Rzeszów 12th Business Department of the National Court Register under the number of 0000227278, VAT Reg. No: 5862141089, REGON: 220010531.

4.     The Agreement (hereinafter referred to as the Agreement) for the issuance of the Instrument is concluded on the basis of the Terms and Conditions. The agreement for the issuance of the instrument shall concluded upon conclusion of the System Account Agreement. The agreement shall be concluded for the term of the System Account Agreement. The agreement for the issuance of the Instrument shall be concluded between the Holder and the Issuer.

§2

Terms used in the Terms and Conditions shall be understood to mean:

1.     Mobile Application — a mobile application as defined in the Transport GZM System Terms and Conditions.

2.     Transaction Limits — amount and number limits, determined by the Issuer used to authorise Transactions made with the Instrument.

3.      Customer Website — the Customer Website as defined in the Transport GZM System Terms and Conditions.

4.      Holder — a System user who is a natural person to whom the Instrument was issued.

5.      Passenger Service Centre — a POP as defined in the System Terms and Conditions.

6.      Point of sale — a point of sale as defined in the Transport GZM System Terms and Conditions

7.      Refund Account — an account kept by a bank or a cooperative savings and credit union, operating in the territory of the Republic of Poland, defined by the Holder to which the funds held on the Payment Instrument shall be refunded following after a Redemption request is made.

8.      System Terms and Conditions — Terms and Conditions in accordance with which the GZM Transport system built within the framework of the ‘ŚKUP 1.5 — Modernisation of the System of Collecting Fees for Travel by Public Collective Transport’ project is operated.

9.      Stationary Distribution and Vending Machine  (SADiS) — a stationary distribution and vending machine as defined in the System Terms and Conditions.

10.   System Account Agreement — an agreement concluded between the System User and ZTM based on the provisions of the Terms and Conditions.

11.   System User — an individual, a legal entity, or an organisational unit without legal personality to which the Law grants legal capacity, using the System, who has an ID medium in the Transport GZM System, allowing to record the services performed within a limited network in the Transport GZM System and who makes Payments using the Instrument.

12.   System — Transport GZM System, the System implemented as part of the execution of agreement No.: IN/142/2021 dated 30 June 2021 for the modernisation of the Silesian Public Services Card system, consisting of hardware and software along with the technical infrastructure necessary for its operation, supporting the management and implementation of ZTM Public Services electronically, owned by GZM.

13.   Balance — the balance of available funds, i.e. the amount of funds held on a Payment Instrument up to which Transactions can be made, subject to the applicable Transaction Limits.

14.   ŚKUP 1.0 — Silesian Public Services Card System, which was developed under the Agreement of 9 January 2012 for the supply, implementation, and maintenance of the ‘Silesian Public Services Card’ System, concluded as a result of a public procurement, between the Communal Transport Union of the Upper Silesian Industrial Region headquartered in Katowice (currently the Upper Silesian Metropolitan Area (Górnośląsko-Zagłębiowsko Metropolia — GZM) headquartered in Katowice) — as the Ordering Party — and mBank Spółka Akcyjna headquartered in Warsaw and Asseco Poland Spółka Akcyjna headquartered in Rzeszów — as the Contractor,

15.   Transaction — non-cash payment for transportation services available in the System made using the Instrument and executed through the System enabling such payment.

16.    Transportation Service — a service specified in the Fare for the transportation of passengers and luggage on public transportation organised by the Metropolitan Transport Authority which is the provider of the Transportation Service.

17.    Instrument Crediting — increase of the Balance on the Instrument; the minimum amount of Instrument Crediting is published on the Customer Website and on the Mobile Application.

18.    Instrument Blocking — temporary and reversible blocking of the possibility to use the Instrument, equivalent to a partial blocking of the IKU, consisting in blocking the possibility to purchase tickets, among other things.

19.    Instrument Cancellation — permanent blocking of the possibility to use the Instrument, equivalent to the cancellation of the IKU.

20.    IKU — Individual User Account in the System, which contains all information about purchased services, identifiers, personal data of the account owner, managed from the customer website and mobile application. IKU can be named or anonymous.

21.    Identifier — an identifier as defined in the System Terms and Conditions.

22.    Solar ticket machine — a solar ticket machine as defined in the Transport GZM System Terms and Conditions.

Chapter II. INSTRUMENT ISSUING AND RULES OF USE

§3

1.     Under the Agreement, an individual who has set up an IKU on their own or through a legal or statutory representative in the System may be an Instrument Holder.

2.     The Instrument is issued in an automated manner through dedicated channels within the System, i.e. Customer Website, Mobile Application, Stationary Distribution and Vending Machine, Passenger Service Centre, points of sale upon confirmation of creation of an IKU in the System.

3.     A person entering into a System Agreement shall receive the Terms and Conditions (setting forth the rules for the issuance of the Instrument and the rules for its use) along with the System Terms and Conditions. Confirmation of the conclusion of the Agreement is the message transmitted to the Holder by the Issuer. The method of transmission of the message shall depend on the channel of the System which was used to set up the operation of creating an the IKU.

§4

1.     The instrument is closely linked to the IKU in the System which means that:

1.1.  Information related to the use of the Instrument (including balance, transaction history and statuses, notifications of changes to the Terms and Conditions) shall be made available to the Holder through the same communication channel as information related to the use of the IKU within the System, i.e. through the Customer Website, Mobile Application, Passenger Service Centre, Stationary Distribution and Vending Machine, and Solar Ticket Machine.

1.2.  Management of the Instrument (including provisioning of the Instrument or temporary blocking of the Instrument and communication on blocking of the Instrument) shall be possible — similar to the communication described in point 1.1 above — through the following functionalities dedicated within the System: Customer Website, Mobile Application, Passenger Service Centre, Stationary Distribution and Vending Machine.

1.3.  Payment for services offered within the limited network of the System shall be made in accordance with the rules described in the Terms and Conditions only for transportation services purchased by the Holder using the channels of the System in accordance with the System Terms and Conditions.

1.4.  Reservation of the account in the System results in reservation of the Instrument — from the moment of reservation it shall impossible to order payment while orders placed prior to this moment shall be executed in accordance with the provisions of the Terms and Conditions.

2.            The Holder shall:

2.1.  Comply with the provisions of the System Terms and Conditions.

2.2.  Protect IKU IDs and credentials (security codes, logins and passwords) used to manage the System IKU from unauthorised access.

2.3.  Refrain from storing the System IKU IDs with information media containing credentials (security codes, logins and passwords) used for managing the System's customer account.

2.4.  Protect IKU IDs and credentials (security codes, logins and passwords) used to manage the System's customer account from loss, theft, damage, or destruction.

2.5.  Immediately after the loss, theft, damage, or destruction of the IKU ID, or the loss, theft, or unauthorised change of credentials (security codes, logins or passwords) for the management of the System's customer account, lock the IKU through the System's communication channels listed in the System Terms and Conditions; locking the IKU is equivalent to locking the Instrument.

2.6.  Immediately after the occurrence of a change, update data used for the operation of the Instrument.

§5

1.            The Issuer shall block the Instrument in the case of:

1.1. Submission of an instruction to block the IKU by the Holder.

1.2. Suspected unauthorised use of the Instrument.

1.3.  Suspected improper performance or non-performance of one or more of the obligations set forth in § 4.2 of Chapter II.

1.4. Occurrence of legitimate reasons related to the security of the Instrument.

1.5.  Submission of a request in the System to close the IKU which serves, at the same time, as a request for termination of the Agreement.

1.6.  Submission of a statement of termination of the Agreement, except that the Holder may only submit such statement along with a request to close the IKU in the manner described in point 1.5 above.

2.     Blocking of the Instrument upon Holder's order lasts until the Holder revokes such an order. Blocking of the Instrument by the Issuer continues until the reason for the blocking ceases.

Chapter III. CREDITING THE PAYMENT INSTRUMENT

§6

1.     The Holder can use the Instrument after setting up an IKU and crediting the Instrument with funds.

2.     Crediting the Instrument can be performed on the Customer Website or on the Mobile Application, Passenger Service Centre, Stationary Distribution and Vending Machine or Solar Ticket Machine.

3.     The crediting shall cause the funds to be made available to the Holder in order to make payments.

4.     In the case of crediting an Instrument associated with the IKU, where a debt incurred in connection with the use of the System has been identified, the amount of the crediting shall be reduced by the amount of the debt incurred in connection with the use of the System.

Chapter IV. PAYMENTS BY THE INSTRUMENT

§7

1.     The Instrument may only be used to pay for transportation services offered within the limited network of the System purchased by the Holder in the manner prescribed by the System Terms and Conditions and in accordance with the System Fares.

2.     Payment for services using the Instrument shall only be possible if the balance of the Instrument is greater than or equal to the amount of payment and the Instrument is not cancelled or blocked.

3.     The Holder's purchase of a transportation service in the manner provided for by the System Terms and Conditions is equivalent to the Holder's agreement to charge the Instrument with the amount of remuneration due for the provider of the transportation service, calculated in the manner provided for by the System Terms and Conditions and in accordance with the System Fares (payment order).

4.     Payment using the Instrument for transportation services whose price is known at the time of purchase shall be immediately debited to the funds credited to the Instrument for the amount of remuneration due for the Transport Organiser calculated in the manner provided by the rules of the System and in accordance with the fares of the transport organisers of the System by the System operator (execution of a payment order).

5.     Payment using the Instrument for the services whose price is not known at the time of purchase, purchased on a given day by the Instrument Holder shall be made automatically on the following day between 00:00-02:00 by debiting the funds credited to the Instrument for the amount of remuneration due for the Transport Organiser calculated in the manner provided by the rules of the System and in accordance with the fares of the transport organisers of the System by the System operator (execution of a payment order).

6.     The payment order is subject to execution until the holder's Instrument is debited with the full amount contained in the payment order, no later than the end of the third month following the date of the payment order.

Chapter V. Fees and Commissions

§8

1.     Fees and commissions for the use of the Instrument and transaction limits are set forth in Appendix A to the Terms and Conditions.

Chapter VI. HANDLING OF COMPLAINTS

§9

 

1.            Complaints related to the functioning of the Instrument should be submitted through the System, i.e. using the Customer Website, Mobile Application, or at the Passenger Service Centre — in accordance with the rules set forth in the System Terms and Conditions and in the Terms and Conditions.

2.            Processing of complaints related to the Instrument is the sole responsibility of the Issuer.

3.            In addition, complaints related to the operation of the Instrument may be submitted:

3.1.      In writing — by mail to the mailing address: Polskie ePłatności Sp. z o.o., 35-310 Rzeszów, al. Tadeusza Rejtana 20B or in person at: Polskie ePłatności Sp. z o.o., 35-310 Jasionka, Tajęcina 113, whereby the submission of a complaint may only take place from Monday to Friday (excluding public holidays) from 08:00 to 12:00.

3.2.      Orally — by telephone at +48 17 859 69 61 — whereby that submission of a complaint in this form requires each time a confirmation sent in writing or electronically — or in person for files at the address: Polskie ePłatności Sp. z o.o., 35-310 Rzeszów, al. Tadeusza Rejtana 20B, whereby the submission of a complaint in oral form in person to files may only take place from Monday to Friday (excluding public holidays) from 08:00 to 12:00.

3.3.      Or electronically to: reklamacje@pep.pl

4.             The Issuer shall ask the complainant to provide additional information and documentation about the complaint being filed, if the data prove necessary for the efficient processing of the case.

5.             Complaints are processed immediately, no later than 30 days from their date.

6.             Filing a complaint as soon as the circumstances giving rise to doubts and objections arise can facilitate and expedite the fair processing of the complaint.

7.             The complainant who is dissatisfied with the processed complaint and the explanations obtained in response to the complaint may bring an action against the Issuer in a common court of law with general jurisdiction.

8.             The European ODR platform that facilitates independent, impartial, transparent, efficient, fast and fair out-of-court online resolution of disputes between consumers and businesses is available at www.ec.europa.eu/consumers/odr.

Chapter VII. AMENDMENTS TO THE TERMS AND CONDITIONS

§10‎

1.            The Issuer shall be entitled to amend the Terms and Conditions in the event of:

1.1.  Introduction of new, repeal, or amendment of universally applicable laws and regulations with respect to the operation of the Instrument, if their introduction, repeal, or amendment requires an amendment to the Terms and Conditions of the Payment Instrument.

1.2.  Extension, change, or limitation of the functionality of the Instrument, change of the rules of using the services by the Holder, introduction of new services, cancellation of certain activities that are the subject of services provided by the Issuer under the Agreement concluded with the Holder.

1.3.  The need to adapt the Agreement or the Terms and Conditions to the requirements related to consumer protection under applicable laws.

1.4. The need to adapt the Terms and Conditions to the System Terms and Conditions.

1.5.  Issuance of court rulings or decisions, recommendations or recommendations of the Financial Supervision Authority or other public administration bodies resulting in the need to amend the Terms and Conditions.

2.     The Issuer shall be entitled to amend Appendix A to the Terms and Conditions by changing the titles and rates of fees, changing the terms and conditions of fees, or introducing new fees in the event of:

2.1.  Changes in monthly, quarterly, semiannual, or annual consumer price indices published by the Central Statistical Office by at least 0.1 percentage points.

2.2.  Changes in the prices of energy, telecommunications, postal services, costs of handling transaction settlements, interbank settlements and other costs incurred by the issuer to external institutions affected by fees or commissions by at least 1%.

2.3.  Changes in the average monthly salary in the enterprise sector without profit-sharing awards by at least 1%, published by the Central Statistical Office for a given month, quarter, or year.

2.4.  Providing Holders with new services or functionalities, of an optional nature, provided that this change involves the establishment of new fees for the services or functionalities provided;

2.5.  The introduction of new, repealing or amendment of commonly applicable laws and regulations with respect to the operation of the Instrument, unless as a result of them and in order to comply with them, it has become necessary to amend the provisions of Appendix A.

3.     The amendment to the Terms and Conditions shall take effect on the date specified by the Issuer not less than 15 days from notifying the Holder of the changes and the the day the amended Terms and Conditions are made available to the Holder.

 Information about changes shall be made available to the Holder through the same communication channel as information related to the use of the System, i.e. via the Customer Website, Mobile Application, and in Passenger Service Centres.

4.     If the Holder does not accept the changes to the Terms and Conditions, they may express their objection to the planned changes by terminating the Agreement in accordance with the provisions of § 11(3) of Chapter VIII before the proposed changes take effect.

Chapter VIII. TERM AND TERMINATION OF THE AGREEMENT

§11

1.     The Agreement is concluded for a period corresponding to the term of the System IKU Account Agreement, and therefore the Agreement shall terminate upon termination of the System IKU Account Agreement.

2.            The Agreement shall terminate upon closing the IKU in the System or death of the Holder.

3.     The Holder may terminate the Agreement by closing the IKU in the System using the channels of the System at any time without stating any reason.

4.     The Issuer may terminate the Agreement upon two months' notice if:

4.1. The Holder violates the provisions of the Terms and Conditions.

4.2.  The Holder has provided false information to the Issuer for the purpose of issuing the Instrument or using the Instrument.

4.3.  The instrument is used to conceal criminal activities or for the purpose of a fiscal, economic, or terrorist crime.

4.4. The instrument shall not be accepted in the System.

5.     If, on the date of termination of the Agreement, the funds credited to the Instrument are higher than PLN 00.00, the Issuer shall return the unused funds to the Holder in one of the ways described below depending on the type of account in the System:

5.1. If the Instrument is associated with a named IKU in the System:

5.1.1.    in a non-cash form, using a transfer to a bank account designated by the Holder.

5.1.2.    in cash payable to the Holder:

5.1.2.1.         At the Passenger Service Centre of their selection upon confirmation of receipt, or

 

5.1.2.2.         By postal transfer to the address indicated by the Holder upon confirmation of receipt.

5.2. If the Instrument is associated with an anonymous IKU in the System:

5.2.1.    in a non-cash form, using the functionality provided on the Customer Website or Mobile Application, or

5.2.2.    in cash payable to the Holder at the Passenger Service Centre, upon confirmation of receipt, using the identifier.

6.            The termination of the Agreement shall always be equivalent to closing the IKU.

7.     The Issuer shall refund the funds within 14 days of closing the IKU and receiving the data necessary to refund the funds from the Holder, i.e.:

7.1. In the situation described in point 5.1.1 or 5.2.1 above, provide the Account number for refunds, with the reservation that the Holder is responsible for providing the correct bank account number.

7.2. in the situation described in point 5.1.2.1 above — the Passenger Service Centre where the Holder shall collect the funds. The funds shall be available for collection at the Passenger Service Centre selected by the Holder within the time limit specified in point 7 above. After this time limit, the Holder may again request a refund from the Issuer which shall be made in one of the ways described in point 5 above. The Holder may authorize a third party to collect funds, provided that the power of attorney is drawn up:

7.2.1.     In the form of a notarial deed, or

7.2.2.     In writing with notarised signatures, or

7.2.3.     In writing, in the presence of a Passenger Service Centre Employee.

7.3. In the situation described in point 5.1.2.2 or 5.2.2 above – indicate the data necessary to order a postal transfer in accordance with the requirements of the service provider.

Chapter IX. FINAL PROVISIONS

§12

1.            Responsibility Unless otherwise provided by mandatory provisions of law:

1.1. The Holder shall be liable in full for the payment orders submitted or executed:

1.1.1.  Until the notification referred to in § 4.2(2.5) of Chapter II, or

1.1.2.  As a result of improper performance or failure to perform at least one of the obligations set forth in § 4.2(2.1) of Chapter II.

Fee for issuance of the Instrument	PLN 0.00
Cyclical fee for use of the Instrument (charged for each full month of use of the Instrument)	PLN 0.00
Fee for making payment using the instrument	PLN 0.00
Limit of a single transaction charged to the Instrument	PLN 400
Daily limit on the number of transactions on the Instrument	20
Daily limit on the amount of transactions charged to the Instrument	PLN 400
Monthly limit on the number of transactions charged to the Instrument	300
Monthly limit on the amount of transactions charged to the Instrument	PLN 1,380 — for an instrument linked to a named account with data confirmed, PLN 690 — for an instrument linked to an anonymous account or a named account without confirmed data.
Daily crediting limit of the Instrument	PLN 400
Monthly crediting limit of the Instrument	PLN 1,380 — for an instrument linked to a named account with data confirmed, PLN 690 — for an instrument linked to an anonymous account or a named account without confirmed data.