General Terms and Conditions for Fleet Partners / Drivers providing Taxi Service in Austria (valid as of 01.12.2024)
General Terms and Conditions for Fleet Partners / Drivers providing Taxi Service in Austria
Date of entry into force of the General Terms and Conditions: 01.12.2024
By offering the Bolt App and the Bolt Services, we offer technological solutions to assist the Fleet Partner in its operations and a platform where Passengers can connect with the Fleet Partners in order to request the provision of Taxi Services. Fleet Partners can also use a number of other services and solutions with the purpose of optimizing their daily operations and fleet management.
These General Terms and Conditions (also referred to as “T&Cs”) set out the terms and conditions between the Fleet Partners, their Drivers and Bolt Taxi Austria, Bolt Head Office and Bolt Partners regarding the use of the Bolt App, Bolt Accounts and the Bolt Services.
To benefit from Bolt Services and provide Taxi Services through the Bolt Accounts and Bolt App, the Fleet Partner / Driver must carefully read and agree to the completion of the terms and conditions set out below.
1. DEFINITIONS
1.1. Agreement - the agreement between you (Fleet Partner/Driver) and Bolt Taxi Austria, Bolt Head Office and Bolt Partners regarding the use of the Bolt App and Bolt Accounts and the Bolt Services and consisting of: (i) these T&Cs, (ii) the guidelines, if applicable, (iii) other terms referred to in the Agreement as may be amended from time to time.
1.2. Bolt Taxi Austria (also referred to as we, ours or us) - means Bolt ATX GmbH which is a registered company under the laws of Austria, registered with the Commercial Court of Vienna, with the registration code: FN 483139z, EU VAT no. ATU72839057, Professional Representation: Austrian Federal Economic Chamber Authority according to ECG (E-Commerce Law) Magistratisches Bezirksamt of the III. district and located in Praterstraße 1 / Space 11 1020 Wien.
1.3. Bolt Accounts - Bolt Fleet Partner Account and Bolt Driver Account.
1.4. Bolt App - a smartphone application intended to be used by the Fleet Partners/Drivers, who can offer and provide, and the Passengers, who can request and receive, Taxi Services or other services available via the Bolt App in your market.
1.5. Bolt Driver Account - a Drivers' portal subordinate to the Bolt Fleet Partner Account with relevant information and documents regarding the usage of Bolt Services in the course of the provision of Taxi Services. The Fleet Partner/Driver can access the Bolt Driver Account at http://partner.bolt.eu or in the Bolt App by entering the attributed username and password.
1.6. Bolt Fees - the fees the Fleet Partner shall pay to Bolt Taxi Austria for using the Bolt Services, including the right to use the Bolt Accounts and Bolt App.
1.7. Bolt Fleet Partner Account - a portal that provides a Fleet Partner with visibility on its activities with relevant information and documents on the use of the Bolt App and Bolt Services by the Fleet Partner in the course of providing Taxi Services, which also includes accounting documentation. The Fleet Partner can access the Bolt Fleet Partner Account at http://fleets.bolt.eu by entering the attributed username and password.
1.8. Bolt Head Office - means Bolt Operations OÜ (registry code 14532901, EU VAT no. EE102090374, address Vana-Lõuna tn 15 Tallinn Harjumaa 10135, Estonia, email address info@bolt.eu.
1.9. Bolt Partners - means local representatives, local branches or other agents appointed or mandated by Bolt Head Office or by Bolt Taxi Austria.
1.10. Bolt Services - services that Bolt Taxi Austria provides or makes available, including the provision of the Bolt App, the Bolt Accounts, In-App Payment, customer support and the communication between the Fleet Partner, the Driver and Passenger, training and on-boarding of the Fleet Partner / Driver, and other similar services.
1.11. Driver - the person, employed by or authorized to operate on behalf of the Fleet Partner, using the Vehicle, and providing Taxi Services and who has the appropriate taxi permit (‘Taxilenkerausweis’). Each Driver will get a personal Bolt Driver Account to use the Bolt App.
1.12. Fare - the taxi tariff fee the Passenger has to pay for the Taxi Service to the Fleet Partner, as prescribed by applicable laws.
1.13. Fleet Partner (also referred to as „you“) - the company/sole trader that provides Taxi Services - who has, among all the necessary requirements, also the appropriate taxi trade license(s). Each Fleet Partner will get a personal Bolt Fleet Partner Account.
1.14. In-App Payment - cards, carrier billing and other payment methods used by the Passenger via the Bolt App to pay for the Taxi Services.
1.15. Passenger - a person who requests the Taxi Services by using the Bolt App.
1.16. Prohibited Items - items listed in section 4.24 of these T&Cs that no Fleet Partner, Driver, or Passenger is allowed to carry and/or exploit while using/providing the Taxi Services, unless otherwise stated by law.
1.17. Taxi Service - taxi transport / transportation service by motor vehicle that a Fleet Partner, by way of its Driver, may offer and provide to the Passenger in compliance with the applicable Austrian law.
1.18. Tip - a gratuity offered by the Passenger at their sole discretion in addition to the Fare paid.
1.19. Vehicle - means the car which belongs to the Fleet Partner, used by the Driver for completing the Taxi Service and that must be fully compliant with the Austrian law, including the applicable local taxi regulation.
1.20. Website - www.bolt.eu and all relevant subsites, including the Bolt Fleet Partner Account and the Bolt Driver Account.
2. CONCLUSION OF THE AGREEMENT
2.1. Prior to using the Bolt Services, the Fleet Partner must sign up by providing the requested information in the signup application on the Website and uploading or sending via email the necessary documentation as required by Bolt Taxi Austria. Upon successful completion of the signup application by the Fleet Partner, Bolt Taxi Austria will provide the Fleet Partner with a personal Bolt Fleet Partner Account or Bolt Driver Account, as applicable. The Fleet Partner shall register on an ongoing basis Drivers and Vehicles, which at the sole discretion of Bolt Taxi Austria will or will not be activated and provided access to the Bolt App. By clicking the „Sign up" button located at the end of the signup application and/or by using the Bolt Accounts and/or Bolt App, the respective Fleet Partner and Driver accepts the terms of the Agreement, each representing and warranting that:
2.1.1. The Fleet Partner and Drivers are entitled to enter into the Agreement with Bolt Taxi Austria, Bolt Head Office and Bolt Partners, to use the Bolt Accounts and Bolt App for providing the Taxi Service.
2.1.2. The Fleet Partner / Driver has carefully studied, fully understands and agrees to be bound by the Agreement, including all obligations that arise from these T&Cs and the applicable laws;
2.1.3. All the information the Fleet Partner / Driver has presented to Bolt Taxi Austria is accurate, correct and complete;
2.1.4. The Fleet Partner / Driver will keep the Bolt Fleet Partner Account and Bolt Driver Account accurate and the profile information updated at all times;
2.1.5. The Fleet Partner / Driver will not authorize other persons to use the Bolt Fleet Partner Account or Bolt Driver Account nor transfer or assign the latter to any third party;
2.1.6. The Fleet Partner / Driver will not use the Bolt Services for unauthorized or unlawful purposes and/or impair the proper operation of the Bolt Services;
2.1.7. At all times, the Fleet Partner / Driver shall fully comply with all laws and regulations applicable in Austria and in the city/state/jurisdiction where the Taxi Service is provided from time to time, including - but not limited to - local laws regulating taxi services, as well as obligations to have a certified taximeter in the Vehicle as may be prescribed by the applicable laws and regulations, requirements regarding the Vehicle as well as the applicable laws and regulations on the maximum amount of working hours as applicable and will inform the Drivers at reasonable intervals of all applicable laws and regulations relevant to the Taxi Services;
2.1.8. The Drivers acting on behalf of the Fleet Partner are at least 18 years old;
2.1.9. The Fleet Partner / Driver shall not copy or distribute the Bolt App, the Bolt Services or any other of Bolt Taxi Austria’s content, nor permit such acts without the prior written consent of Bolt Taxi Austria, which may be denied at Bolt Taxi Austria’s sole discretion, and which is subject to Bolt Taxi Austria first obtaining the corresponding consent from Bolt Head Office, in Bolt Head Office’s sole discretion;
2.1.10. The Fleet Partner / Driver is liable and must fully indemnify and hold Bolt Taxi Austria, Bolt Head Office and Bolt Partners harmless for the violation of the Fleet Partner’s / Driver’s obligations under the clause 2.1.;
2.1.11. The Fleet Partner / Driver agrees with the privacy notice applicable in relation to the Agreement, which can be located on the following website: https://bolt.eu/en/privacy/.
2.2. The Fleet Partner is required to provide its bank account information when completing the payment details during the registration for the Bolt Accounts. The Fleet Partner must insert the bank account of the company/sole trade holder during such registration process. The relevant respective Fares paid by In-App Payment, after deducting any negative balance of the Fleet Partner and any other fees deriving from the Agreement, will be transferred to the bank account that the Fleet Partner has provided. Bolt Taxi Austria, Bolt Head Office, Bolt Partners shall not be liable for any incorrect money transactions in case the Fleet Partner / Driver has provided inaccurate account details or has not updated the registered account details in the case of changes to the Fleet Partner’s / Driver’s bank account number.
2.3. After submitting the application form for obtaining the Bolt Accounts, the Fleet Partner / Driver may receive an email with additional conditions that must be met in order to provide Taxi Services while using the Bolt Services, including additional information requests from Bolt Taxi Austria. Among other things, these conditions may include clearance certificates, valid business licenses and driving licenses, confirmation of a particular technical condition or insurance of the vehicle, completion of a training course, the presence of a GPS-assisted mobile device, registration certificates, certificates of the bank account(s) or other evidence for the lawful use of the Vehicle and other conditions as described in the corresponding email. If applicable, the information, documentation, confirmations, etc. referred to above shall be provided by the Fleet Partner with respect to all Drivers that will render Taxi Services for or on behalf of the Fleet Partner. Failure to comply with the provided requirements may result in the termination of the Agreement and the suspension of the right to use the Bolt Services.
2.4. The Fleet Partner / Driver agrees that Bolt Taxi Austria may freely assign any of its obligations, rights and/or claims under this Agreement to Bolt Head Office and/or Bolt Partner. This includes, among other things, assigning the rights and obligations related to the verification of documents, related to registration applications, business licenses, registration certificates, raining, In-App Payments and payments/transfers in general, licensing of Bolt App, etc. Details of the local Bolt Head Office and/or Bolt partners can be found here http://bolt.eu/cities.
2.5. Registering to the Bolt Fleet Partner Account:
2.5.1. The Fleet Partner is deemed to be the sole provider of Taxi Services towards the Passengers and party to the Agreement.
2.5.2. The Fleet Partner bound by these T&Cs may itself register accounts to its Drivers that shall provide Taxi Services for or on behalf of the Fleet Partner. In such a case the Fleet Partner shall ensure that, at all times, the Drivers conform to the requirements of the Agreement, and that the Drivers agree to act in accordance with terms and conditions equivalent to those set out in the Agreement and any further agreements between the parties to the Agreement.
2.5.3. In the event of incompatibility in the registration and/or uncertainties on the part of Bolt Taxi Austria on who the Fleet Partner and/or Driver is, Bolt Taxi Austria shall be entitled, at its sole discretion, to suspend the registration process, to suspend the access and usage of the Bolt App and the Bolt Services or to terminate the Agreement.
2.5.4. A Driver may use the Bolt Driver Account only if it has been given access to a Bolt Driver Account. It is strictly prohibited for the Driver to save the Passenger’s contact information or to communicate with the Passenger, save where the Driver must communicate with the Passenger for the execution of the Taxi Service, to return a belonging left behind by the latter in the Vehicle.
2.5.5. The Fleet Partner shall remain solely liable for any infringement of the Agreement, conducted by its employees and/or service providers, i.e. Drivers.
2.5.6. A certain Vehicle can be registered only under one Fleet Partner and only for one Bolt Fleet Partner Account. A Driver can be registered only under one Fleet Partner and only one Bolt Driver Account can be given to the Driver. The Fleet Partner shall immediately notify Bolt Taxi Austria if a Driver is no longer employed by/contracted to the Fleet Partner and/or if a Vehicle is no longer in its property or lawful possession or it is not in a working or lawful condition, in which cases Bolt Taxi Austria may deactivate the relevant accounts. The violation and attempt to circumvent these conditions may result in the suspension of the right to use any or all parts of the Bolt Services, as well as the potential termination of this Agreement.
2.5.7. Therefore, Bolt Taxi Austria reserves the right to exclude a previously registered Vehicle from using the Bolt Fleet Partner Account / Bolt App for any reason, without any compensation or indemnity obligation on Bolt Taxi Austria’s part. While performing the Taxi Service, the Driver must select in the Bolt App the Vehicle which is used for the purpose of providing Taxi Services. The license plate of such Vehicle will be displayed to prospective Passengers.
3. FLEET PARTNER / DRIVER’S RIGHT TO USE THE BOLT APP AND THE BOLT FLEET PARTNER ACCOUNT / BOLT DRIVER ACCOUNT
3.1. Subject to your compliance with the Agreement, Bolt Taxi Austria hereby grants the Fleet Partner / Driver for valuable consideration a non-exclusive, revocable, non-sublicensable, non-transferable license to use the Bolt App, and, as applicable, Bolt Driver Account and the Bolt Fleet Partner Account solely in connection with your use of Bolt Services in Austria, in accordance with the conditions of the Agreement. The license does not grant the Fleet Partner / Driver the right to sublicense or transfer any rights to the third persons. Regardless of the above, the Fleet Partner may sublicense its right to use the Bolt App and the Bolt Driver Account to the respective Drivers.
3.2. In the course of using the Bolt App and/or the Bolt Fleet Partner Account and/or the Bolt Driver Account, the Fleet Partner and the Drivers are not allowed to:
3.2.1. make available the Bolt App and/or Bolt Fleet Partner Account and/or Bolt Driver Account and/or Bolt Services and/or other Bolt software, in the form of license, sub-licensing or in any other form, in part or in full, to any unauthorized third party (including sharing of the above);
3.2.2. attempt to modify, decrypt or disassemble, decompile or reverse engineer or otherwise attempt to obtain the Bolt App and/or Bolt Fleet Partner Account and/or Bolt Driver Account and/or Bolt Services and/or other Bolt software source code;
3.2.3. use the Bolt App and/or Bolt Fleet Partner Account and/or Bolt Driver Account and/or Bolt Services in a manner not expressly authorized, including creating related external online links;
3.2.4. modify the Bolt App and/or the Bolt Accounts and/or the Bolt Services and/or other Bolt software in any manner or form or use modified versions thereof;
3.2.5. transfer files containing viruses, corrupted files or other programs or software that could damage or adversely affect the operation of another person's computer, the Bolt App / Bolt Accounts or hardware or telecommunications equipment;
3.2.6. send spam messages or other mixed or unwanted messages that have any connection to this Agreement or the Taxi Services;
3.2.7. attempt to gain unauthorized access to the Bolt App and/or the Bolt Fleet Partner Account and/or the Bolt Driver Account and/or the Bolt Services and/or other Bolt software;
3.2.8. design or develop any product or service that might be in competition with Bolt Taxi Austria, or is in essence similar to, a copy or an extract of any technical function or content similar to the Bolt App and/or Bolt Accounts and/or Bolt Services; or
3.2.9. circumvent the Bolt App and Bolt Accounts while performing Taxi Services.
3.3. During rides, the Fleet Partner must ensure that Drivers do not:
3.3.1. create unnecessary safety risks for Passengers;
3.3.2. use or encourage violence, sexism, racism or discrimination in any form; and/or
3.3.3. cause or allow material unnecessary discomfort to Passengers.
3.4. The Fleet Partner / Driver must not use (or allow the use of) the Bolt App and/or Bolt Accounts, and/or Bolt Services in any manner that:
3.4.1. is materially inconsistent with a genuine intention to provide Taxi Services (for example, repeatedly agreeing to Taxi Services but then not taking any steps to fulfil those Taxi Services);
3.4.2. materially interferes or interrupts the agreement to and/or fulfilment of Taxi Services by other Fleet Partners / Drivers (for example, excessively indicating a willingness to provide but then deciding not to fulfil Taxi Services).
3.5. The Fleet Partner / Driver are entitled to decline or refuse Taxi Services at any time (subject to 3.4).
3.6. The Fleet Partner / Driver must not use (or allow the use of) the Bolt App and/or Bolt Accounts and/or Bolt Services in any manner that:
3.6.1. is unlawful or illegal;
3.6.2. is indicative of:
(i) an unlawful or illegal purpose;
(ii) financial (or data related) manipulation and/or exploitation.
3.7. To use the Bolt App, Bolt Services, and the Website, the Fleet Partner / Driver must pay Bolt Taxi Austria the Bolt Fees according to the Agreement.
3.8. The license granted herein as well as any other rights of use granted by Bolt Taxi Austria to the Fleet Partner / Driver under the Agreement are automatically and simultaneously revoked with the termination of the Agreement. After the termination of the Agreement, the Fleet Partner / Driver must immediately stop using the Bolt App and Bolt Accounts.
3.9. All copyrights and trademarks, including source code, databases, logos and visual designs are owned by Bolt Head Office or exclusively licensed to Bolt Taxi Austria in Austria and are protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Bolt Accounts / Bolt App or any other Bolt Services, the Fleet Partner / Driver does not acquire any rights of ownership to any intellectual property whatsoever.
3.10. Rooting, jailbreaking or modifying the mobile device at a hardware or operating system level in any manner which is against the manufacturer’s instructions makes the device susceptible to mobile threats. You acknowledge that we are not liable for any losses in connection with the use of such a modified mobile device, and that we have no obligation to support the use of such a device.
3.11. You may not, and may not allow any other party to launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of Bolt App and/or Website or data.
3.12. Using Bolt Tags and Labels:
3.12.1. In addition, Bolt Taxi Austria may make available to the Fleet Partner / Driver tags, labels, stickers, or other signs that refer to Bolt Services and/or “Bolt” branding or otherwise indicate the usage of the Bolt Accounts / Bolt App.
3.12.2. Bolt Taxi Austria grants the Fleet Partner / Driver a non-exclusive, non-sublicensable, non-transferable license to use such signs provided by Bolt Taxi Austria. The license is limited to such use that is necessary solely for the purpose of indicating that the Fleet Partner / Driver is providing Taxi Services via the Bolt Accounts / Bolt App. Upon termination of the Agreement, the Fleet Partner / Driver must immediately remove and discard any such sign relating to the Bolt Services, Bolt branding or trademark. When exercising the rights granted herein the Fleet Partner / Driver must at all times behave in such a manner that reflects the values of Bolt Taxi Austria and Bolt Head Office. Any violation in this regard may be cause for termination or suspension of the access or termination of the Agreement at the sole discretion of Bolt Taxi Austria.
4. PROVIDING THE TAXI SERVICES
4.1. Fleet Partner and Driver guarantee to provide Taxi Services in accordance with the Agreement as well as laws and regulations applicable in the city/state/jurisdiction where Taxi Services are provided. The Fleet Partner is fully liable for any violation of any laws and regulations as may arise from providing Taxi Services, including for any violations committed by Drivers.
4.2. The Fleet Partner and Driver must upon entering into this Agreement have all necessary approvals, consents, concessions, licenses (including a valid driver and taxi license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required under applicable laws and regulations for providing the Taxi Services in the city/state/jurisdiction where Taxi Services are provided. It is the Fleet Partner and Driver’s obligation to maintain the validity of all aforementioned documentation throughout the period of the Agreement. Bolt Taxi Austria reserves the right to require the Fleet Partner / Driver, as applicable, to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications, and upon such request by Bolt Taxi Austria, the Fleet Partner / Driver agrees to provide the relevant documentation and information to Bolt Taxi Austria.
4.3. Notwithstanding the obligations arising from the Agreement, you acknowledge that the legal relationship regarding the Taxi Service is established between the Fleet Partner and the Passenger according to the stipulations of the applicable law.
4.4. The Fleet Partner will ensure the Driver provides the Taxi Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Passenger's request in the best interest of the Passenger. The Driver, unless regulated otherwise by applicable law:
4.4.1. must take the route least costly for the Passenger, unless the Passenger explicitly requests otherwise;
4.4.2. may not make any unauthorised stops;
4.4.3. may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger;
4.4.4. must adhere to any applicable traffic acts and regulations, i.e., must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in his/her hand while the Vehicle is moving, and
4.4.5. must keep the Vehicle smokefree, clean and in hygienic conditions at all times, as prescribed by the applicable law.
4.5. Fleet Partner retains the sole right to determine if, when and for how long the Fleet Partner offers, accepts and provides the Taxi Service - in accordance with applicable law.
4.5.1. When offering and/or providing the Taxi Services under the Agreement, the Fleet Partner / Driver is obliged to at all times fulfill the technical and professional requirements, including but not limited to requirements relating to the Vehicles and Drivers, established by the special taxi and passenger transportation laws and regulations as may be applicable from time to time in the city/state/jurisdiction where Taxi Services are provided.
4.5.2. Passenger’s requests must be accepted and executed in accordance with applicable law in the city/state/jurisdiction where Taxi Services are provided under the sole responsibility of the Fleet Partner / Driver.
4.5.3. The regulation regarding taxi driving and taxi stands shall be abided by the Fleet Partner / Driver. We reserve the right to carry out independent inspections regarding the fulfillment of the legal obligations by the Fleet Partners / Drivers. Should it be ascertained that a violation has occurred, we reserve the right to immediately terminate the Agreement in line with the provisions provided herein.
4.5.4. The Driver should set its status on “Offline” at all times when the Driver is not ready / available / able to perform a Taxi Service. The Driver is automatically “Offline” while executing a Taxi Service.
4.6. The Fleet Partner / Driver is obliged to provide, use, and maintain all equipment and means that may be necessary to perform the Taxi Services (in compliance with applicable laws) at its own expense, including a car, smartphone, taxi sign / equipment / taximeter, etc. Fleet Partner / Driver is also responsible for paying all costs incurred in the course of performing the Taxi Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of the Vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the Bolt App may consume a large amount of data on the respective mobile data plan. Thus, it is suggested to subscribe for a data plan with unlimited or very high data usage capacity.
4.7. The Fleet Partner charges a Fare for each Taxi Service mediated through the Bolt App and completed as requested. The Fare is calculated based on the parameters established by the applicable laws. Where the departure and destination are set by the Passenger, the Fare may be fixed in advance and communicated via the Bolt App to the Passenger before the ride is requested by her/him (“Pre-Agreed Fare”). In case of Pre-Agreed Fare, the Fleet Partner may not deviate from the Fare communicated via the Bolt App to the respective Passenger.
4.8. Notwithstanding the above, it is the sole responsibility of the Fleet Partner to charge the Passenger the correct Fare as may be imposed by the law applicable for each provision of Taxi Service.
4.9. The Fleet Partner agrees to additional fixed Fares (which in any case shall be in line with applicable law) for certain established routes (e.g., city to airport or similar - “cross-border trips”), which will be communicated to the Fleet Partner and be displayed in Bolt App for both the Driver and the Passenger to be seen (“Fixed Fare”).
4.10. If the Fleet Partner / Driver finds that there has been an error in the calculation of the Fare and wishes to make corrections in the calculation of the Fare, a petition must be submitted in the section „Problem with price" of the Bolt App. If a petition in the section „Problem with price" of the Bolt App has not been submitted, then Bolt Taxi Austria shall not reassess the Fare or reimburse for an error made in the calculation of the Fare.
4.11. Bolt Taxi Austria may adjust the Fare for a particular order that has been completed, if we detect a violation or in case a technical error affecting the final Fare is identified. Bolt Taxi Austria may also fully or partially refund the Fare to the Passenger in case Bolt Taxi Austria has reasonable cause to suspect a fraud or a complaint by the Passenger indicates a violation by the Fleet Partner / Driver. Bolt Taxi Austria should only exercise its right to fully or partially refund the Fare in a reasonable and justified manner.
4.12. The Passenger may pay the Fare for the Taxi Services either directly in cash or via the In-App Payment. If the Passenger pays the Fare directly to the Driver, the Driver shall collect the Fare and hand over to the Passenger an invoice generated through the cash register (Registrierkasse) [cf. 4.20], as may be prescribed by law. If the Driver fails to do so, Bolt Taxi Austria may suspend the access of the Driver / Fleet Partner to the Bolt Accounts and Bolt App. If the Passenger pays the Fare via In-App Payment, Bolt Taxi Austria will create and forward to the Passenger an invoice on behalf of the Fleet Partner [cf. 4.19].
4.13. Bolt Taxi Austria takes no responsibility if the Passenger refuses to pay the Fare. In such a case, the Fleet Partner/Driver should turn to the relevant authorities, while Bolt Taxi Austria may send the Passenger a notice of the owed amount. Bolt Taxi Austria does not have any obligation to compensate the Fare not paid by the Passenger. If the passengers in the Vehicle do not agree to pay the Fare for the provision of Taxi Service, the Fare will be paid by the Passenger who has ordered the provision of Taxi Service. If the Passenger justifiably refuses to pay the Fare on the account that the information stated in the Bolt App is incorrect, then Bolt Taxi Austria will not reimburse for such expenses.
4.14. In any case, after each successful provision of Taxi Services, a summary will be sent to the Passenger, consisting of the following information: the Fleet Partners’ company business name, place of business, the first name and surname of the Driver, a photo of the Driver, taxi license number (if applicable), the registration number of the Vehicle, the date, the time, the start and end location, the duration and length, the Fare and any Tip paid for the provision of Taxi Services.
4.15. The Passenger may cancel a Taxi Service requested via the Bolt App. In accordance with applicable laws, the Passenger may be charged a fee for the waiting time and/or a cancellation fee. However, Bolt Taxi Austria and Bolt Head Office assume no liability for the collection of such fees.
4.16. If, in the course of the provision of Taxi Services, a Passenger or its co-passengers negligently damage the Vehicle or its furnishing (among else, by blemishing or staining the Vehicle or causing the Vehicle to stink), the Fleet Partner / Driver shall have the right to request the Passenger to pay a penalty up to 50 EUR and request compensation for any damages exceeding the penalty. If the Passenger does not consent to paying the penalty and/or compensating the damage, Bolt Taxi Austria must be notified within 24 hours (and must be accompanied by pictures or other adequate evidence of damage) and we will then try to collect penalty and/or relevant costs from the Passenger. However, Bolt Taxi Austria and Bolt Head Office are not taking any liability for direct or indirect damages in relation to cleaning or maintenance of the Vehicle caused by Passenger or any co-passengers.
4.17. The Fleet Partner and Driver hereby acknowledge to be obliged to fully comply with all tax obligations that arise from the applicable laws in relation to the provision of Taxi Services, including (i) paying corporate tax, income tax, social security tax or any other tax applicable, including corporate income and profit tax; and (ii) fulfilling all employee and tax registration obligations (including obtention of VAT identification number) as required by the applicable law. In addition, it is the Fleet Partner’s to provide Bolt Taxi Austria with all relevant tax information, including (among others) VAT numbers. In case the tax authority will submit a valid application to us to provide information regarding a given Fleet Partner’s / Driver’s activities, we may make available to the tax authority the information regarding such activities to the extent set forth in valid legal acts. Additionally, it is the Fleet Partner’s / Driver’s obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Taxi Services. The Fleet Partner hereby agrees to compensate Bolt Taxi Austria all state fees, claims, payments, fines or other tax obligations that Bolt Taxi Austria will incur in connection with the obligations arising from applicable tax regulations not having been met by the Fleet Partner / Driver (including paying the income tax and social tax).
4.18. The Fleet Partner and the Driver hereby acknowledge that Bolt Taxi Austria and Bolt Head Office are entitled to share with the relevant tax authorities any information required under Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation, including but not limited to any consideration paid or credited to the Fleet Partner in connection with the activities carried out through the Bolt App. Where the Fleet Partner does not provide the information required under the Directive referred to above, Bolt Taxi Austria is entitled to (i) terminate Bolt Fleet Partner Account, (ii) prevent Fleet Partner from re-registering on the Website, and (iii) withhold the payment of the Fares to Fleet Partner as long as Fleet Partner does not provide the information requested.
4.19. Bolt Taxi Austria, or mandated third parties, have the right to issue invoices on the Fleet Partner’s behalf to the Passengers for the compensation of Fares, contractual penalties or any other fees mediated by Bolt Taxi Austria. The invoice will be made available via the Bolt Fleet Partner Account. It is the Fleet Partner’s / Driver’s responsibility to verify the invoices on a weekly basis and the Fleet Partner / Driver must promptly inform Bolt Taxi Austria should there be any error.
4.20. The Fleet Partner and its Drivers shall be able to accept cash payments of the Fare, and it is required to handle these payments by law-compliant cash registers. The Fleet Partners and their Drivers are solely responsible to be compliant with any applicable legislation on cash payments.
4.21. Passengers may be given the option to tip the Fleet Partner / Driver after a successful provision of Taxi Services. The Passenger can tip only by means made available by Bolt App for tipping. The Tip will not affect the amount of Bolt Fees and Bolt Taxi Austria will not collect Bolt Fee on the Tip paid by the Passenger. The Fleet Partner / Driver is obliged to fully comply with any tax obligations arising from the tipping. Bolt Taxi Austria may limit the maximum value of a Tip at our sole discretion.
4.22. If any of the information provided by the Fleet Partner / Driver to Bolt Taxi Austria, or Bolt Head Office is deemed to be illegal content under applicable laws or otherwise contravenes these T&Cs, Bolt Taxi Austria reserves the right to:
(i) remove, disable access or demote such content,
(ii) suspend, terminate or restrict any monetary payment due to you,
(iii) suspend or terminate the Bolt Services in whole or in part, and/or
(iv) suspend or close your Bolt Accounts.
4.23. All content uploaded to the Websites and/or Bolt App by Fleet Partner / Driver is subject to the sole responsibility of the Fleet Partner / Driver, and neither Bolt Taxi Austria nor Bolt Head Office is under any obligation to actively monitor or review such content. Nevertheless, Bolt Taxi Austria, and Bolt Head Office are entitled to remove any allegedly illegal content at its own discretion and after the receipt of a notice and/or order regarding the existence of such content on the Websites and/or Bolt App. Should the Fleet Partner / Driver disagree with the decision of Bolt Taxi Austria or Bolt Head Office on removal of the content, the Fleet Partner / Driver is solely responsible for providing additional information why the content is not illegal or incompatible with these T&Cs within Bolt’s internal complaint-handling procedure.
4.24. To ensure the safety on the Website and/or Bolt App, the Fleet Partner / Driver is not allowed to carry Prohibited Items while using the Bolt App, and Bolt Services, unless otherwise stated in the applicable laws. The Fleet Partner / Driver may refuse the provision of the Taxi Services to the unauthorized possessor of the Prohibited Items. Bolt Taxi Austria may at any time discontinue the provision of Bolt Services to the Fleet Partner and, as the case may be, to the Drivers acting on behalf of the Fleet Partner, that do not comply with this section of these T&Cs and applicable laws, and report an unauthorized use of the Prohibited Items to the authorities. The Prohibited Items include, among other things:
4.24.1. firearms and their parts, ammunition, melee weapons, other items specially designed for attack and defense;
4.24.2. flammable, combustible, explosive and radioactive or other ionizing substances, munitions, gas, infectious, poisonous or corrosive materials which by their nature may pose danger to the environment;
4.24.3. drugs and other psychotropic substances which are subject to special control in accordance with the legislation;
4.24.4. any other items that are not allowed to be carried or transported by law and items that cannot be carried or transported without additional licenses, permits and approvals.
5. BOLT FEES
5.1. To use Bolt Services, the Fleet Partner must pay Bolt Taxi Austria a Bolt Fee. The Bolt Fees are paid based on the Fare of each Taxi Service order the Fleet Partner/Driver has completed. The amount of the Bolt Fees will be provided to the Fleet Partner by email, through the Bolt App, the Bolt Fleet Partner Account or other relevant means. Please note that the Bolt Fees chargeable may change from time to time, considering the principles of dynamic commission pricing that take into account (i) the balance of the supply and demand for the Taxi Service, (ii) characteristics of the ride ordered; and (iii) conditions of any applicable campaigns. The rate of the Bolt Fees shall not exceed the highest rate of Bolt Fees that we have communicated to you. However, we may increase the applicable highest rate of Bolt Fees at any time by giving you prior notice.
5.2. The Fleet Partner must pay the Bolt Fees and other fees within the payment terms specified in Bolt Taxi Austria's underlying invoices, which may not be shorter than seven (7) days. If the Fleet Partner is late in paying the Bolt Fees, the Fleet Partner will be required to pay a late payment of 0.05% (zero point four percent) of the unpaid amount per day. The Fleet Partner is required to cover all costs incurred by Bolt Taxi Austria which are related to debt collection activities.
6. IN-APP PAYMENTS
6.1. Passengers may be enabled to pay for the Taxi Services via cards, carrier billing and other payment methods (Bolt Business, Bolt Balance etc.) directly in the Bolt App (cf. In-App Payment). The Fares of the Fleet Partner, including any applicable taxes or other fees paid by the Passenger are to be collected via the In-App Payment. You acknowledge that in this case the payment obligation of the Passenger towards the Fleet Partner/Driver arising from any agreement concluded via Bolt App is deemed to be fulfilled when the respective payment is made by the Passenger via In-App Payment and such payment is considered to be a payment made directly to the Fleet Partner.
6.2. The Fleet Partner / Driver may not deny payment by the Passenger through the In-App Payment or influence the Passenger against using the In-App Payment. If the Fleet Partner / Driver refuses to accept an In-App Payment without good cause, Bolt Taxi Austria shall be entitled to charge the Fleet Partner a penalty of 15 EUR for any refusal and/or suspend the Fleet Partner’s / Driver’s right to use the Bolt Services in case of such repetitive behaviour or terminate the Agreement.
6.3. Bolt Taxi Austria reserves the right to engage in promotional initiatives in favor of the Passengers at its discretion on a per promotion basis. The Fleet Partner / Driver accepts to be part of such initiatives. The Fleet Partner / Driver is required to accept promotional codes only when the Passenger applies the code using the In-App Payment. The promotional codes may not be applied to cash paid trips. If the use of promotional codes (if any) is suspected as being fraudulent, illegal, used by a Fleet Partner / Driver in conflict with the Agreement relating to promotional code use, then the promotional code may be canceled and the outstanding amount will not be reimbursed by Bolt Taxi Austria to the Fleet Partner / Driver.
6.4. In-App Payments received in the Bolt Fleet Partner Account will be periodically transferred, as accounted for under the period of relevance - starting on Monday, 0.00 and ending on Sunday, 23.59, every week - by bank transfer to the bank account specified by the Fleet Partner, by the fourth day of the week following the period of relevance but not exceeding 14 (fourteen) days from the end of the period of relevance. Any commissions, fees, costs and any other legal claims arising from the applicable law or the Agreement shall be deducted from the amount to be transferred to the Fleet Partner. If the Fleet Partner requests an In-App Payment review, transfers of due amounts might be made after such review has been completed.
6.5. The Fleet Partner is entitled to review In-App Payment reports in the Bolt Fleet Partner Account or the Bolt App. The reports will show the amount of In-App Payments brokered in the previous week, as well as the withheld amounts relevant to the Bolt Fees.
6.6. Bolt Taxi Austria is not obliged to pay the Fleet Partner the Fare due from the Passenger if the In-App Payment failed because the Passenger's credit card or other payment method is canceled or is unsuccessful for other reasons. In such a case, Bolt Taxi Austria will assist the Fleet Partner in requesting the Fare owed by the Passenger and transferring it to the Fleet Partner once the Passenger has completed the requested payment.
6.7. Before providing Taxi Services, the Fleet Partner / Driver must verify that the service is being actually provided to the right Passenger or the Passenger has expressly confirmed he/she allows other passengers to ride under the Passenger's account. If the Fleet Partner / Driver makes a mistake in identifying the Passenger, and the In-App Payment is charged to a person, who has not been provided or has not approved the Taxi Services for other passengers, then Bolt Taxi Austria shall reimburse the person for the Fare. In such case, the Fleet Partner / Driver is not entitled to receive its share of the Fare. Additionally, for every wrongfully applied In-App Payment, Bolt Taxi Austria shall be entitled to charge the Fleet Partner / Driver a contractual penalty up to 10 EUR.
6.8. The Fleet Partner / Driver must notify Bolt Taxi Austria of any major circumstances that may affect the collection and distribution of the Fares paid through In-App Payment, as well as all those cases where the Fleet Partner / Driver is of the opinion that the respective funds were not duly received.
6.9. Any Fares or Tip paid via In-App Payment may be deducted from the amounts that the Fleet Partner is obliged to pay to Bolt Taxi Austria in connection with using Bolt App and Bolt Services (i.e. Bolt Fees and penalties). Bolt Taxi Austria may set off any of the financial claims to the Fleet Partner against financial claims that the Fleet Partner may have against Bolt Taxi Austria.
6.10. If a transfer regarding the respective amount of Fares or Tips to the Fleet Partner is not possible due to the Fleet Partner / Driver not including its bank account details in its Bolt Fleet Partner Account and Bolt Driver Account or if the bank account details have been inserted incorrectly, then such payments will be held for 180 days. If the Fleet Partner / Driver does not notify Bolt Taxi Austria of the correct bank account details within 180 days from the date that the right to claim such payments has been established, the Fleet Partners’s / Driver’s claim regarding the payment of the Fare or Tips not yet transferred shall expire.
6.11. If the option is available and the Passenger chooses to Tip directly in the Bolt App, the Tip will be collected on your behalf together with the Fares and other fees paid by the Passenger via the In-app Payment. If the payment of the Tip is suspected to be fraudulent, illegal, granted for a purpose other than as a gratuity related to the Taxi Service provided, or used in conflict with these T&Cs, the Tip may be withheld.
7. CUSTOMER SUPPORT
Bolt Taxi Austria provides assistance to the Fleet Partners and Drivers regarding the use of Bolt Services. Bolt Taxi Austria has the right to discontinue such services at any time in case of late payments, for any reason.
8. RATINGS AND ACTIVITY
8.1. To ensure a high quality service and provide additional reassurance to Passengers, the Fleet Partner and Driver hereby acknowledge that the Passengers may provide you a rating and leave feedback on the quality of the Taxi Services provided. The average rating will be linked to the Bolt Driver Account and may be made available to Passengers requesting Taxi Services via the Bolt App. The Passenger is expected to provide the reviews and comments to the best of their knowledge and belief, and if a rating or comment was not provided in good faith, such a rating or comment may not be projected in the calculation of such rating.
8.2. In addition to the rating, the level of activity of the Fleet Partners and Drivers and relevant activity scores will be displayed in the Bolt Driver Account, which are based on accepting, declining, not responding and completing Taxi Service requests, for the purpose of helping the Fleet Partners evaluate their Drivers.
8.3. The ratings, as described above, will not be used by us as the sole basis for terminating the Agreement.
9. MARKET ANALYSIS AND CAMPAIGNS
9.1. Bolt Taxi Austria may send the Fleet Partner / Driver, via the Bolt App, Bolt Accounts, SMS, email, or by other means, market overviews, to increase its awareness of when the Passengers’ needs are the highest. Please note that such market analysis are only recommendations and do not constitute any obligations for either party. As any market estimation provided is based on previous statistics, we cannot give any guarantees that the actual market situation will reflect the latter.
9.2. Bolt Taxi Austria may also provide campaigns, whereby we will guarantee a minimum income if the Fleet Partner / Driver provides Taxi Services within a specified timeframe, location or other criteria defined by Bolt Taxi Austria. If the specified minimum income is not reached, we shall compensate for the gap. The specific requirements and conditions will be sent via the Bolt App, Bolt Driver Account, SMS, email or other means. We retain the full right to decide in each case, in our sole discretion, if, when and to which Fleet Partner and/or Drivers we provide such campaigns. If we have reasonable cause to suspect any fraudulent activity by the Fleet Partner / Driver, we may withhold any applicable Fare until the suspicion of fraud has been cleared.
9.3. Bolt Taxi Austria may occasionally arrange various campaigns in order to promote the Bolt Services. Bolt Taxi Austria may agree to pay part of the Fare on behalf of the Passenger, thereby leaving the Fare to be perceived by the Fleet Partner as unaltered. Bolt Taxi Austria may set-off any due amounts to the Fleet Partner against the Bolt Fees.
10. RELATIONSHIP BETWEEN FLEET PARTNERS, DRIVERS, BOLT TAXI AUSTRIA AND THE PASSENGERS
10.1. The Fleet Partner / Driver hereby acknowledges and agrees that Bolt Taxi Austria acts as a taxi ride facilitator connecting Passengers with Fleet Partners / Drivers to help the Passengers move around cities more efficiently, and that Bolt Taxi Austria does not in any way provide Taxi Services. The Fleet Partner / Driver acknowledges that the Fleet Partner is providing the Taxi Services on the basis of a service contract with the Passengers and that the Fleet Partner provides the Taxi Services as an economic and professional activity.
10.2. It is understood that the Fleet Partner and the Passenger are bound by a service contract to provide the Passengers with Taxi Services to which Bolt Taxi Austria, Bolt Head Office or Bolt Partners are not a party.
10.3. The Fleet Partner / Driver hereby expressly declares that the relationship between the Fleet Partner / Driver and Bolt Taxi Austria, Bolt Head Office, and Bolt Partners is not an employment relationship, and that no employment relationship will arise between the Fleet Partner / Driver and Bolt Taxi Austria, Bolt Head Office, Bolt Partners. The Parties also agree that there is no joint venture or partnership, or joint provision of services, between the Fleet Partner / Driver and Bolt Taxi Austria, Bolt Head Office, and Bolt Partners. The Fleet Partner / Driver may not act or present itself as an employee, agent or representative of Bolt Taxi Austria, Bolt Head Office, Bolt Partners or its affiliates or bind Bolt Taxi Austria, Bolt Head Office, Bolt Partners to any contract.
10.4. If the Driver is deemed to be an employee of Bolt Taxi Austria or its affiliate due to the application of applicable mandatory laws or otherwise, the Fleet Partner / Driver agrees to indemnify Bolt Taxi Austria against any claims by any legal or natural person, entity, regulatory or governmental authority based on such implied employment.
10.5. The Fleet Partner / Driver shall not assign the rights and obligations under the Agreement to any third party without the prior written consent of Bolt Taxi Austria.
10.6. The Fleet Partner acknowledges that Bolt Taxi Austria does not control or direct the Fleet Partner’s / Driver’s provision of Taxi Services. The Fleet Partner has the sole right to decide when and how long the Bolt App will be used. The Fleet Partner acknowledges and agrees that it has complete discretion in deciding whether, how, when and to which extent it shall provide its services or otherwise participate in other business or employment activities.
10.7. The Driver, if employed or contracted by the Fleet Partner, is subject to the Fleet Partner’s sole instructions.
11. PROCESSING OF PERSONAL DATA & ACCESS TO DATA
11.1. The personal information of the Fleet Partner / Driver such as name, address, telephone number, email address, vehicle information, license plates and location-related information is collected from the Fleet Partner / Driver to enable the Bolt App and other Bolt Services, as applicable, to function as intended.
11.2. Bolt Taxi Austria and Bolt Head Office has access to all personal data and other data provided or generated in connection with your use of the Bolt Services. Bolt Taxi Austria and Bolt Head Office shall take all reasonable steps to ensure confidentiality of such data and comply with all applicable privacy notices and laws whenever such data contains personal data. Except where otherwise provided by applicable privacy notices and laws, Bolt maintains access to such data also after the Agreement between you and us is terminated.
11.3. The Fleet Partners and their Drivers have access to personal and other data provided by them or generated in connection with their use of the Bolt Services to the extent that is made available to the Fleet Partners / Drivers under the Bolt Fleet Partner Account and/or Bolt Driver Account through Bolt App. The Fleet Partners and Drivers shall take all reasonable steps to ensure confidentiality of such data and comply with applicable privacy notices and laws as long and to the extent that such data contains personal data of Passengers.
11.4. Personal data will be processed according to the privacy notices available at https://bolt.eu/privacy/.
12. LIABILITY
12.1. The Bolt Services, Bolt App and Bolt Accounts are provided on an "as is" and "as available" basis. Bolt Taxi Austria, Bolt Head Office, and Bolt Partners make no warranty or guarantee that access to the Bolt App / Bolt Accounts will be uninterrupted or error free. As the usage of Bolt App for requesting Taxi Services depends on the behavior of Passengers, Bolt Taxi Austria does not guarantee that the Fleet Parner’s / Driver’s usage of the Bolt App / Bolt Accounts will result in any Taxi Service requests. Bolt Taxi Austria, Bolt Head Office, and Bolt Partners are not responsible for the proper functioning of the Bolt App / Bolt Accounts nor for any loss or damage that may result therefrom.
12.2. Bolt Taxi Austria, Bolt Head Office, Bolt Partners and/or its agents, directors and employees shall not be liable, to the maximum extent permitted by applicable law, for any loss or damage, liability or expense (including any fees, penalties, attorney’s fees etc.) that may arise out of or in connection with (i) this Agreement or the use of the Bolt App and/or Bolt Accounts and/or Bolt Services, (ii) the Fleet Partner’s/Driver’s breach or violation of the Agreement or any applicable laws or regulations, (iii) the Fleet Partner’s/Driver’s violation of the right of any third party, including, but not limited to:
12.2.1. any direct or indirect property damage, financial or monetary loss;
12.2.2. loss of profit or anticipated savings;
12.2.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from the interruption of the business;
12.2.4. loss or inaccuracy of data;
12.2.5. expense, penalty, or fine from any state authority; and
12.2.6. any other type of loss or damage.
12.3. The financial liability of Bolt Taxi Austria in connection with the violation of this Agreement shall be limited to 500 EUR per Fleet Partner. The Fleet Partner shall have the right to claim for damages only if Bolt Taxi Austria has deliberately violated this Agreement.
12.4. For the avoidance of doubt, Bolt Taxi Austria does not guarantee the receipt of any requests from the Passenger and can in no way be considered as acting on behalf of the Passenger.
12.5. Bolt Taxi Austria shall not be held liable for the actions or omissions of Passengers or co-passengers using the Bolt App, and shall not be held liable for any loss or damage that may incur to the Fleet Partner / Driver or the Vehicle as a result of the actions or omissions of the Passengers or co-passengers.
12.6. The Fleet Partner / Driver shall be fully liable for breaching the Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from Bolt Taxi Austria or any public authority. The Fleet Partner / Driver shall indemnify Bolt Taxi Austria, Bolt Head Office, Bolt Partners for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that Bolt Taxi Austria, Bolt Head Office, Bolt Partners may incur in connection with the Fleet Partner’s / Driver’s breach of the Agreement and any other applicable laws and regulations. If the Passenger presents any claims against Bolt Taxi Austria, Bolt Head Office, or Bolt Partner in connection with the Fleet Partner’s / Driver’s provision of Taxi Services, then the Fleet Partner shall compensate such damage to the damaged party in full within 7 (seven) days as of the Fleet Partner’s receipt of the respective request from Bolt Taxi Austria, Bolt Head Office, or Bolt Partner. In case Bolt Taxi Austria is entitled to present any claims against the Fleet Partner / Driver, then the Fleet Partner / Driver shall compensate the damaged party any legal costs related to the evaluation of the damages and the submission and enforcement of claims relating to compensation for such damages.
12.7. The Fleet Partner / Driver must comply with all tax and trade obligations that may arise in connection with the performance of the Fleet Partner’s / Driver’s obligations under the Agreement or the provision of Taxi Services. The Fleet Partner / Driver must indemnify Bolt Taxi Austria, Bolt Head Office, Bolt Partners against all tax, customs, duties, claims and penalties, as well as any trade-related penalties arising from the Fleet Partner’s / Driver’s failure to comply with the Fleet Partner’s / Driver’s tax and / or trade obligations (including, but not limited to, social security tax).
12.8. The Fleet Partner is solely responsible for complying and ensuring compliance of any Drivers providing Taxi Services on its behalf, with all relevant laws and regulations as well as with the Agreement for operating and using the chosen means of transport (e.g. licenses, insurances, etc), including all applicable consumer laws.
13. TERM, SUSPENSION AND TERMINATION
13.1. The conditions expressly specified in these T&Cs shall enter into force as of the Fleet Partner’s / Driver’s submission and acceptance by Bolt Taxi Austria of the signup application. Any other terms, guidelines and documents that constitute an integral part of the Agreement shall enter into force once the specific document or message has been made available to the Fleet Partner / Driver and the Fleet Partner / Driver starts or continues providing Taxi Services using Bolt App / Bolt Accounts.
13.2. The Fleet Partner may terminate the Agreement at any time by notifying Bolt Taxi Austria at least 7 (seven) days in advance, thereby ending the Fleet Partner’s / Driver’s right to use the Bolt Accounts, Bolt App and any other Bolt Services, as applicable.
13.3. Bolt Taxi Austria may terminate this Agreement with a notice period of 30 (thirty) days at any time at its sole discretion. The notice period shall not apply and the termination shall become effective immediately, if Bolt Taxi Austria:
13.3.1. has a legal or regulatory obligation to terminate the Agreement in a manner which does not allow it to respect that notice period;
13.3.2. exercises a right of termination under an imperative reason pursuant to applicable law;
13.3.3. can demonstrate that the Fleet Partner (also by means of its Drivers) has repeatedly infringed any of the applicable terms of the Agreement.
13.3.4. or if the Fleet Partner has become insolvent or has initiated any liquidation or bankruptcy proceeding or any proceeding similar in nature.
13.4. Bolt Taxi Austria may immediately terminate the Agreement and/or suspend the access to the Bolt App, Bolt Accounts and Bolt Services without prior notice in case of (i) material breach of Agreement, (ii) violations of any applicable laws or regulations, (iii) disparage of Bolt Taxi Austria, Bolt Head Office or Bolt Partners, or (iv) in case harm is caused to Bolt's brand, reputation or business, and (v) in case of Passenger complaints, as determined by Bolt Taxi Austria in its sole discretion. Bolt Taxi Austria may also, at its sole discretion, prohibit the Fleet Partner, the Drivers and any Vehicle from registering a new account.
If Bolt Taxi Austria temporarily or permanently restricts, suspends or terminates the Fleet Partner or a Driver from using the Bolt App, Bolt Accounts, and/or Bolt Services, it shall provide the Fleet Partner with a statement of reasons, prior to or at the time of the restriction or suspension taking effect or at the time of termination notice.
The statement of reasons shall contain the specific facts or circumstances, including contents of third party notifications, that led to the suspension or termination, as well as a reference to the applicable grounds referred to in the clauses above.
Bolt Taxi Austria does not have to provide a statement of reasons where it has a legal or regulatory obligation not to provide it, or where Bolt Taxi Austria can demonstrate that the Fleet Partner or any of its Drivers has repeatedly infringed the applicable terms and conditions, resulting in termination of the agreement with immediate effect (including in case of material breach).
The termination of the Agreement will not affect:
• any accrued rights of either party, including any right to receive any payments due but unpaid before the termination; or
• obligations, which shall expressly survive the termination according to the Agreement or as otherwise separately agreed between the relevant parties in writing.
13.5. Bolt Taxi Austria may immediately suspend the Fleet Partner’s / Driver's access to the Bolt App, Bolt Accounts, and any other applicable Bolt Services during the investigation period if we suspect a violation of the Agreement or fraudulent activity. The access suspension is removed as soon as the investigation disproves such suspicions.
13.6. Additional requirements and safeguards provided under the EU Platform to Business Regulation (2019/1150) as well as the Digital Service Act (2022/2065) may apply where the termination of the Agreement or suspension of the access to the Bolt Accounts and Bolt App affects the rights of the Fleet Partner using the Bolt Services for the provision of Taxi Services in a member state of the European Union or European Economic Area.
13.7. In accordance with the aforementioned EU Regulations, the Fleet Partner has the right to challenge the termination of the Agreement, suspension of the access to Bolt Services, or other alleged non-compliance with the Regulation, in accordance with the “Internal Complaint-Handling System Rules”. In fact, Bolt Taxi Austria will provide the Fleet Partner with the opportunity to clarify the facts and circumstances that led to the restriction, suspension or termination in its internal complaint-handling process. If the restriction, suspension or termination is revoked, the Fleet Partner shall be enabled to continue to access the applicable Bolt Services without any limitation of accessing personal or other data, or both, resulting from its prior use of the Bolt Accounts, Bolt App or Bolt Services. You can find further information on our Internal Complaint-Handling System Rules, including how you can make a complaint, here.
13.8. Bolt Taxi Austria is entitled to suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the Internal Complaint-Handling System by Fleet Partners/Drivers that frequently submit notices or complaints which are manifestly unfounded. While assessing the circumstances for the suspension, Bolt Taxi Austria considers the following:
13.8.1. the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted within a month; and
13.8.2. the relative proportion of notices and complaints in relation to the total number of items of information provided or notices submitted within a month; and
13.8.3. the gravity of the misuse of the notice action mechanisms; and
13.8.4. (if applicable) the intention of the complainant for submitting manifestly unfounded complaints.
13.9. To ensure safety on the Website and Bolt App, Bolt Taxi Austria may ask a Fleet Partner and/or a Driver acting for or on behalf of the Fleet Partner to verify the identity of the Fleet Partner / Driver. This is done to ensure that the person using the Bolt App is the same person whose information is provided upon registration. Such a person will not be able to provide Taxi Services until the Fleet Partner / Driver passes the verification process. If the Fleet Partner / Driver fails to pass the verification process, the Bolt Fleet Partner Account and/or Bolt Driver Account of the respective person may be suspended or terminated, depending on the circumstances.
14. AMENDMENTS
14.1. Bolt Taxi Austria reserves the right to amend the Agreement (including these T&Cs) anytime by uploading the revised version on the Website (http://bolt.eu/legal/) and notifying you (e.g., via email, Bolt App or Bolt Driver Account or Bolt Fleet Partner Account) whenever, in the reasonable opinion of Bolt Taxi Austria, such amendments are material.
14.2. Any changes that affect the rights of the Fleet Partners will be notified on a durable medium to the Fleet Partner within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days from notification, unless:
14.2.1. Bolt Taxi Austria is subject to a legal or regulatory obligation which requires it to amend these T&Cs in a manner which does not allow it to respect the advance notice period;
14.2.2. immediate amendment is required to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or defending the Bolt Services, Passengers or Fleet Partners from fraud, malware, spam or data breaches;
14.2.3. you have elected to waive the advance notice period (e.g. you continue to use Bolt Services after receipt of the notice of amendment).
14.3. If you do not agree to the amendments of the T&Cs or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the Bolt Services and providing termination notice to Bolt Taxi Austria. The termination of the Agreement takes effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your and your Drivers’ use of the Bolt Services on or after the effective date of the amendment constitutes your consent to be bound by the T&Cs or Agreement, as amended.
14.4. The Fleet Partner is in any case entitled to waive such notice period by means of a written statement or a clear affirmative action, except in case of editorial changes.
15. APPLICABLE LAW AND JURISDICTION
15.1. These T&Cs and the Agreement shall be governed by and construed and enforced in accordance with the laws of Austria.
15.2. All disputes that may arise in connection with the Agreement, whether in terms of their existence, validity, interpretation, performance, infringement, termination or otherwise, shall be settled by negotiation. If the dispute arising out of the Agreement is not resolved by the negotiations, the dispute will be settled in the Courts of Vienna (Austria).
16. NOTICES
16.1. The Fleet Partner is obliged to notify Bolt Taxi Austria promptly of any material change regarding the Fleet Partner, the Drivers and/or Vehicles (including but not limited to any changes concerning contact information in Bolt Accounts) and to ensure that any data or information inserted in the Bolt Fleet Partner Account and Bolt Driver Account are correct and up-to-date at any time.
16.2. Bolt Taxi Austria contact information: austria@bolt.eu.
16.3. Any notification made under the Agreement shall be deemed satisfactory if (i) it is delivered in person, (ii) sent by courier with proof of delivery, (iii) sent by registered mail, (iv) by email or (v) via the Bolt Fleet Partner Account or Bolt App.
16.4. Any notice sent or posted in accordance with this clause shall be deemed received: (i) if delivered in person, at the time of delivery to the recipient; (ii) if delivered by courier on the date indicated by the courier as the date on which the envelope containing the notice was delivered to the recipient; (iii) if sent by registered mail, on the 10th day following delivery of the document to the post office; (iv) when disclosed on the Bolt Fleet Partner or the Bolt App; or (v) if sent by email, on the day the party receiving the email confirms receiving the respective email or on the second day following the dispatch of the email provided that the sender has not received an error notice (notifying that the email was not delivered to the party) and has sent the email again on the next calendar day and has not received a similar error notice.
17. FINAL PROVISIONS
17.1. If any provision of the Agreement is held to be unenforceable, the parties shall replace the affected provision by an enforceable provision that approximates the intent and economic effect of the provision in question. If one of the provisions of these T&Cs is or becomes invalid, the validity of the other provisions shall not be affected.
17.2. Any failure or delay of a party to enforce a right under the Agreement shall not be deemed as a waiver of such a right.
17.3. The whole text of the present Agreement has been written in German and English, both versions being deemed authentic, but for legal purposes, the text in English is to be given priority of interpretation.
Bolt Taxi Austria