These General Terms for Drivers ("Driver Terms") set out the legal agreement for each transportation provider ("You, Your" or known collectively as "Drivers") governing the use of certain Bolt owned or licensed software and provision of Journeys (as defined in clause 2.2 below).
1.1 The Driver Terms are a legally binding agreement under which You:
1.1.1 are granted a licence to use Bolt’s driver application ("Driver App"), the website at Bolt.eu ("Website") and proprietary software (together, the “Software”); and
1.1.2 agree, to the extent You agree to do so on any occasion, to provide transportation services to members of the public requesting such services through the Bolt passenger application ("Passengers").
1.2 These Driver Terms apply between You and:
1.2.1 Hopp Operations Limited trading as “Bolt” (a company registered in the United Kingdom, with company number 11063356) ("Bolt") in relation to the provision of the Software and the Software Services (as defined in clause 2.1 below); and
1.2.2 Bolt Operations OÜ a corporation organized and existing under the laws of Estonia, having its registered office in Vana-Lõuna 39/1, Tallinn 10134, Estonia ("Bolt Operations") in relation to the payment services relating to the Software Services (as defined in clause 2.1 below), from such time as you submit Your application to register with Bolt.
2.1 Bolt and its licensors provide a digital marketplace and information society service, accessed via the Driver App and the Bolt passenger application, that allows Bolt to accept requests from Passengers for requests for transport services and then make these requests available, through the Driver App, to Drivers to select, to the extent the Drivers agree to do so on any given occasion, to fulfil such requests directly with the Passengers (together, the "Software Services").
2.2 Bolt and its licensors agree to provide the Software and Software Services to You free of charge, for use in accordance with these Driver Terms. The transportation services that You provide to Passengers through the Software Services shall be referred to in these Driver Terms as "Journeys".
2.3 Bolt does not provide Journeys. The Journeys are solely provided by You, as an independent business undertaking carried on by You, to the Passenger. As such, You are free to provide passenger transport services in your absolute and sole discretion independently from these Driver Terms, including using other software services, whether competitive with Bolt or otherwise.
2.4 You are responsible for providing all equipment necessary to perform the Journeys, at your own expense. This includes costs such as the vehicle, fuel, tolls and depreciation of the vehicle.
2.5 Bolt’s provision for the invitation or acceptance of Journeys is made under Bolt’s PHV Operator’s Licence number 010088, issued by Transport for London, in accordance with the Private Hire Vehicles (London) Act 1998 and elsewhere by Local Authorities in accordance with the Local Government (Miscellaneous Provisions) Act 1976 ("Operating Licence").
3.1 Prior to downloading the Driver App You must apply to register with Bolt. As part of the registration process, You will need to supply Bolt with information about Yourself, Your private hire vehicle licence, your vehicle (including insurance and road tax) and other information requested by Bolt. This may include a medical certificate, topographical test certificate and any relevant English language test certificate in order to assess Your suitability to use the Driver App. Bolt may verify this information with third party providers and in this respect, where required by applicable law or regulations, You provide Your specific consent to Bolt seeking this verification. Please see clause 16 of these Driver Terms for further information about how we use Your personal data.
3.2 You will be asked to select a username and password when registering. These details are personal to You and are not transferable, without the express written consent of Bolt. The user name and password are the methods used by Bolt to identify users of the Software Services and so are very important.
3.3 By submitting Your account application, You represent and warrant that:
3.3.1 You can legally enter into an agreement with Bolt to use the Software Services;
3.3.2 You have carefully studied, fully understand and agree to be bound by these Driver Terms, including all the obligations imposed on You by these Driver Terms;
3.3.3 all the information presented to Bolt by You is, and shall continue to be, accurate, correct and complete;
3.3.4 once You have an account to use the Software Services, you will not authorise any other person to use Your account nor transfer it to any other person, without the express written consent of Bolt;
3.3.5 You will not use the Software for unauthorised or unlawful purposes or impair or seek to impair the proper operation of the Software;
3.3.6 You will not copy or distribute the Software or other Bolt content without the prior written permission from Bolt;
3.3.7 You have, and will continue to have, the right to work in the United Kingdom (including holding a valid National Insurance Number);
3.3.8 You have, and will continue to have, all the necessary permits, licences (including a private vehicle hire licence), insurances, road tax and authorisations to provide the Journeys under these Driver Terms;
3.3.9 You will, at all times while providing Journeys, have valid hire and reward insurance, liability insurance (if applicable) and any other insurance that is required in the United Kingdom for providing passenger transportation services;
3.3.10 You are, and will at all times be, medically fit to operate a motor vehicle and shall not engage in reckless behaviour while driving, including by driving unsafely, operating a vehicle that is unsafe to drive, permitting an unauthorised third party to accompany You in the vehicle while providing Journeys, providing Journeys while under the influence of alcohol or drugs, or taking action that harms or threatens to harm the safety of Passengers or third parties;
3.3.12 You understand that Bolt will provide information regarding You, Your Driver account, and Your trip history to law enforcement agencies as Bolt deems it appropriate do so in cooperation with investigations or otherwise.
3.4 After submitting the account application, You will receive an e-mail with additional conditions that must be met in order to use the Software. These conditions shall include owning a GPS-supporting mobile device, having the right to use a motor vehicle and not having a criminal record and may include completing a Software introductory course, driver training and other conditions as determined by Bolt.
3.5 Bolt will review Your application and may approve You to be a driver associated with Bolt if You meet the necessary criteria.
3.6 Bolt will continually monitor Your compliance with these Driver Terms, including by verifying Your licences, insurances and information (also with third persons). You agree to:
3.6.1 co-operate with Bolt and provide any further documents or information requested in order for Bolt to conduct such checks; and
3.6.2 promptly disclose to Bolt if there has been any material change in Your circumstances that relate to Your ability, fitness or legal entitlement to offer or perform Journeys or ability to comply with these Driver Terms. For the avoidance of doubt, but without limitation, this will include any revocation of Your driver’s licence, refusal of insurance, changes to Your eligibility for a private vehicle hire licence, and criminal investigation, charges or convictions.
3.7 Where You fail to comply with any of the requirements and/or conditions set out in these Driver Terms, Bolt will be entitled to immediately terminate these Driver Terms with You, in which case you will no longer be permitted to use the Software.
4.1 Once approved to use the Driver App, Bolt will send You details of how to download and set up the Driver App as well as a personal account which can be used by You to access the Software.
4.3 In order to use the Software, You must access your personal account in the Driver App using the username and password You selected during registration and update Your account information. You warrant that You will keep this account profile up to date at all times.
4.4 Bolt will use the Driver App to communicate with You in relation to possible Journeys you may or may not wish to agree to provide to Passengers as part of your business undertaking which are around Your current location and also to remind You of various road rules, send You messages and restrict pick-up areas as per Your licence jurisdiction. The Driver App is the only way in which You:
4.4.1 can elect to fulfil a Journey with a Passenger and record and process the Journeys performed through the Software; and
4.4.2 may contact a Passenger who is the receiver of the Journey You have elected to fulfil. You must not contact, through the Driver App or by any other communication method, any Passenger to find out the destination of their requested Journey.
4.5 Bolt will have the sole authority under its Operating Licence to make provision for the invitation or acceptance of, or to accept, Journey requests from Passengers (through the Bolt passenger application). Once Bolt has accepted a Journey request from a Passenger, Bolt will then seek to allocate this Journey booking to the closest Driver (geographically) to the Passenger to fulfil through the Driver App. If the closest Driver does not acknowledge the booking allocation within a set timeframe or declines to fulfil the Journey booking in the Driver’s absolute and sole discretion for whatever reason, the booking will then be re-allocated to the next closest Driver (and so on). It will be up to Bolt to terminate an accepted private hire booking for a Journey with a Passenger if it cannot successfully allocate a Driver to the relevant Journey. Once You have accepted the allocation of the Journey through the Driver App, all the relevant Journey information will appear in Your Driver App, including the details of the Passenger and the Journey starting point.
4.6 In order to prioritise Driver and Passenger safety, Bolt may (at its discretion) limit Your access to the Driver App where You have been providing Journeys for long periods.
4.7 If Bolt is made aware that Your behaviour has deviated from our Driver Terms, or that you are under investigation for a criminal offence, Bolt reserves the right to take action by revoking Your access to your Driver account indefinitely or until Bolt sees fit.
4.8 Bolt will, at all times, retain control and management of the Software Services (including dispatch services) in order to:
4.8.1 accept and manage Journey bookings as set out in these Driver Terms;
4.8.2 monitor driver and vehicle profiles;
4.8.3 monitor, on screen, the location, status and Journey details of all vehicles using the Software Services at any given time;
4.8.4 provide support services in respect of dispatching;
4.8.5 report on the Journeys;
4.8.6 reject certain Passengers if their accounts are in arrears; and
4.8.7 address complaints and lost property issues including liaison with local law enforcement.
4.9 You are responsible for all information posted on, and use of, the Software, from Your personal account. If You suspect that Your user name or password have been copied or stolen, You must notify Bolt immediately.
4.10 All intellectual property rights in the Software, its content and any related documentation existing anywhere in the world belong to Bolt or its licensors (and are protected by copyright and/or trade secret laws and other international treaty provisions) and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without Bolt’s prior written consent. You will not have any rights of ownership in the Software, its content or any related documents.
5.1 Bolt may provide support services in relation to use of the Driver App on business days from 08:00 – 18:00 GMT+2). The support services consist of in-app messaging and telephone support. Further details can be found at https://bolt.eu/cities/london/. Bolt has the right to stop providing the support services at any time by giving You reasonable notice.
6.1 Bolt will accept Passenger requests for Journeys and then prompt You via the Driver App if a relevant Passenger booking has been generated for a Journey in Your area when You are available. These Passenger bookings will not be exclusive to You, and will also be offered to other Drivers.
6.2 Each Journey booking You choose in your absolute and sole discretion to fulfil through the Driver App will constitute a separate and distinct agreement in respect of the provision of that Journey by You to the Passenger, with each such agreement coming into force from the time You agree to undertake the specific allocated Journey booking made available to You by Bolt through the Driver App. You acknowledge that Bolt only provides the Software Service to facilitate the Journey bookings and allocation thereof to Drivers.
6.3 Bolt does not guarantee that the use of the Software will result in You receiving offers for allocations of bookings for Journeys.
6.4 You are not obliged to accept any offers for allocations of Journey bookings. Bolt encourages You to keep your profile up to date with when You are and are not available, in order to get relevant requests as this helps Bolt to offer to allocate, in principle, the bookings for Journeys it has accepted in an efficient manner.
6.5 You may cancel a Journey which you have accepted any time before You begin the Journey by informing the Passenger through the Driver App functionality available on the Software Services. However, Bolt will monitor the number and frequency of Journeys You cancel and reserves the right to suspend or terminate Your access to the Software Services where You repeatedly, or consistently, cancel Journeys after You have accepted them.
6.6 As part of the Software Services, Passengers may provide feedback on You and Your provision of the Journeys in the form of ratings. These ratings are made available to prospective Passengers as part of Bolt’s passenger application. You should contact Bolt if You have any issues with the ratings that You are provided with. Bolt shall provide You with assistance on the Software Services including steps to consider taking to help You maintain good Passenger feedback and ratings.
7.1 As a Driver you commit to each passenger that You will provide a high level of service to the Passengers in respect of the Journeys which You agree to provide to the Passengers. In order to maintain Bolt’s integrity and reputation with a view to creating a successful digital marketplace for Drivers and Passengers, Bolt monitors Your activity on the Software. In the course of You providing the Journeys to the Passengers, You commit to the Passengers that you will:
7.1.1 convey the Passenger from their collection point to their point of destination in a reasonably direct and efficient manner as You deem fit in your discretion, subject to appropriate unforeseen circumstances (such as a mechanical breakdown);
7.1.2 comply with all laws and regulations applicable;
7.1.3 at all times be medically fit to operate a motor vehicle, including being free from the influence of alcohol or drugs;
7.1.4 not engage in reckless behaviour while driving or drive unsafely, including by operating a vehicle that is unsafe or illegal to drive or allowing a third party to operate the vehicle;
7.1.5 act in a professional manner in accordance with the business ethics applicable to providing passenger transportation and endeavour to perform the Passenger’s request in the best interest of the Passenger;
7.1.6 not carry weapons (or permit weapons in your vehicle), use or encourage violence, racism or discrimination in any form;
7.1.7 have and maintain valid hire and reward insurance, liability insurance (if applicable) and any other insurance that is required in the applicable jurisdiction for providing passenger transportation services; and
7.1.8 only use personal data provided by the Passenger in accordance with clauses 16.3 and 16.4 of these Driver Terms.
7.2 You acknowledge that Bolt has no control over the Passenger. Bolt shall have no responsibility or liability with respect to how (or whether) the Passenger uses Your Journeys, including delays or damage to person or property.
8.1 Before starting a Journey, You must verify that You are providing the Journey to the Passenger shown in the Driver App (or that the Passenger has expressly confirmed that they allow the passenger to use their account).
8.2 If You have made a mistake in identifying the Passenger, and the Fare (as defined in clause 10) is charged to a person who has not been provided or has not approved the Journey, Bolt shall reimburse the Passenger for the Fare paid. In such case, You shall not be entitled to receive a Bolt Payment (as defined in clause 11) for the relevant Journey from Bolt. For the avoidance of doubt, the Commission (as defined in clause 9.3) for that Journey will still be retained by Bolt.
9.1 Bolt Operations (or its authorised payment agents) processes all payments in relation to the Driver App, including invoicing, collecting payment from Passengers, reporting on payments, refunding Passengers (where appropriate) and remitting payment to Drivers ("Payment Services").
9.2 You acknowledge that all Payment Services in relation to the Driver App will be performed by Bolt Operations and not by Bolt.
9.3 In exchange for the Payment Services, You agree that Bolt Operations will retain a commission fee from any Fare collected in accordance with clause 10, based on each Journey You provide to a Passenger as a result of using the Software ("Commission").
9.4 You can verify the amount of the applicable Commission on the Driver App or the Website by entering Your user name and password.
9.5 The Commission amount may change from time to time, but You will be notified prior to any such change. If You do not agree to the change, you must delete the Driver App and Software and stop providing Journeys through the Driver App. Your continued use of the Software after any such change in the Commission shall be taken as Your consent to such change.
9.6 Neither Bolt nor Bolt Operations are entitled to any fares or commissions You earn by providing any passenger transportation services independently or via another software provider.
10.1 You agree that Bolt Operations will collect a fare on your behalf (through the Drivers App) for each completed Journey You provide to a Passenger through the Software ("Fare").
10.2 Before accepting an allocation of a Journey booking, You will be provided with an estimated (non-binding) Fare for the Journey ("Estimate"). The Estimate will also be provided to the Passenger.
10.3 The actual Fare for each Journey provided by You will be determined by the Software, having regard to the actual journey time, any peak pricing and distance travelled. It is therefore possible that the Fare may be more or less than the Estimate.
10.4 A Passenger may be offered to use a Journey option that allows the Passenger to agree to a fixed Fare for a given Journey provided by You (“Upfront Fare”). The Upfront Fare is communicated via the Software Services to a Passenger before the Journey is requested, and to You when the Journey is accepted or at the end of the Journey. The Fare calculated in accordance with section 10.3 shall be applied instead of Upfront Fare if the Passenger changes the destination during the Journey, the Journey takes materially longer than estimated due to traffic or other factors, or when other unexpected circumstances impact the characteristics of the Journey materially (e.g. a route is used where tolls apply).
10.5 You may complete a Journey by any reasonable route, and Bolt does not set any route restrictions. However, You commit to each Passenger that You will provide the Journey in accordance with clause 7.1 and otherwise in accordance with these Driver Terms. Where any Journey You completed did not comply with these Driver Terms, Bolt reserves the right to have Bolt Operations set-off any refunds or compensation offered by Bolt to the affected Passenger(s) against Your Bolt Payments.
10.6. A Passenger may cancel a request for a Journey that a Driver has accepted via the Software Services. The Driver is entitled to a Bolt Payment for a cancelled Journey (“Cancellation Fee”) in the event that a Passenger cancels an accepted request for a Journey after a certain time period determined by the Software Services.
11.1 All payments for Journeys take place via the Software. You must not ask for, or take, cash payment for completed Journeys.
11.2 Once You end a journey on the Driver App, Bolt Operations shall invoice the Passenger on Your behalf and charge the Passenger’s nominated credit or debit card for the amount of the Fare. Bolt Operations will then create a receipt on Your behalf setting out the route, the Fare, time and other relevant information relating to that particular Journey.
11.3 The receipt for each Journey will be accessible to You on the Driver App. The receipt will also be forwarded to the Passenger.
11.4 Bolt Operations shall transfer the amounts collected on Your behalf as your Fares less the applicable Commission which have been credited to Bolt Operation’s (or its authorised payment agent’s) bank account in each week, to Your bank account by the 4th day of the following week, but in no case later than within two weeks except where the amount owing to You is less than £15 ("Bolt Payments"). Where the amount owing to You is less than £15, Bolt Operations will pay You when the amount owing to You next exceeds £15 (or where the relationship is terminated in accordance with clause 17, in which case Bolt Operations will pay You whatever amount is owing). If You request a review of the Bolt Payments, then the payment deadlines referred to above shall not apply and Bolt Operations may transfer the Bolt Payments after it has concluded the review.
11.5 In the event that You dispute the amount of the Bolt Payments, Bolt Operations may withhold the disputed amounts until the dispute has been resolved.
11.6 Without prejudice to clause 11.9, You acknowledge that Bolt Operations shall not be obliged to pay You the Bolt Payments due from a Fare in the event of non-payment for whatever reason or if the Passenger’s payment failed because the Passenger’s credit card or mobile payment is reversed, cancelled or is unsuccessful for any reasons not attributable to Bolt or Bolt Operations. If this occurs, Bolt Operations will help You in requesting the Fare due from the Passenger in respect of the Journey. However, if Bolt Operations is unable to collect the Fare for whatever reason, Bolt Operations may decide not to pay You a Bolt Payment or may decide to pay You a Bolt Payment in whole or in part if it considers it is reasonable to do so. In any event, Bolt Operations will not pay more than £100 per any one Journey.
11.7 Your Bolt Payments reports will be made available to You in the Driver App on a weekly basis. The reports will show the Fares collected in relation to Your Journeys, as well as the amounts of the Commission withheld by Bolt Operations.
11.8 Bolt and Bolt Operations and their Affiliate Companies (as defined in clause 15) reserve the right to distribute promo code to Passengers, at their discretion, on a per promotional basis. You are required to accept the use of promo code when the Passenger applies the code using the Software to a trip. If the use of promo codes by a Driver is suspected as being fraudulent, illegal, or in conflict with any of Bolt’s Terms and Conditions relating to promo code use, then the promo code may be cancelled and the outstanding amount will not be reimbursed by Bolt or Bolt Operations to the Driver.
11.9 Without prejudice to clause 11.6, You are responsible for the risk of non-payment of Fares for Extensive Journeys (as defined in this clause). Bolt Operations will help You in requesting the Fare due from the Passenger for an Extensive Journey in the event of non-payment, and Bolt Operations will transmit a Bolt Payment to You if the Fare is ultimately collected from the Passenger. However, if Bolt Operations determines that the trip is fraudulent or is unable to collect the Fare for an Extensive Journey from a Passenger after making one attempt to do so, no Bolt Payment will be made to you in respect of that Journey. In this clause, an “Extensive Journey” means a Passenger journey in excess of 90 miles in distance and/or two hours in duration and/or between two local authority areas.
12.1 Without affecting any of Bolt’s or Bolt Operation’s other rights under these Driver Terms, where Bolt or Bolt Operations has reasonable grounds to suspect that You have committed, attempted to commit, aided or abetted a crime, they shall take all steps deemed necessary in the circumstances, including reporting Your misconduct to the appropriate authorities. You acknowledge that this may include reporting Your conduct to the Police, Transport for London or any other relevant authority and providing that agency with Your details and/or any relevant information Bolt or Bolt Operations holds about the circumstances at issue. Where the misconduct relates to fraud, including fraudulent documents, Bolt and Bolt Operations reserve the right to withhold any payments payable to You as a result of fraudulently performing Journeys.
13.1 You confirm that any text, images or any other information that You provide to Bolt whilst using the Software Services ("User Content”) will meet the Rules of Acceptable Use (as defined in clause 14 below).
13.2 Neither Bolt nor Bolt Operations claims ownership in Your User Content and ownership will remain with You (or the relevant third party owner). You grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and exploit the User Content anywhere and in any form for the purposes of providing the Software Services (including, where applicable, allowing other users to view Your User Content).
13.3 You must ensure that You are able to grant us the above licence for any content owned by a third party that You include in Your User Content.
13.4 Bolt’s right to use Your User Content does not in any way affect Your privacy rights. Please see section 16 of these Driver Terms for further information about how we use Your personal data.
13.5 The Software Services makes available third party content, such as User Content. Bolt is not responsible for any such content in any way, but may monitor User Content and reject, refuse or delete any User Content where Bolt considers that it breaches any of the Rules of Acceptable Use (as defined in clause 14 below).
14.1 In addition to the other requirements within these Driver Terms, this clause describes specific rules that apply to Your use of the Software Services (the "Rules of Acceptable Use”).
14.2 When using the Software Services (including, where relevant, during any Journey) You must not:
14.2.1 circumvent, disable or otherwise interfere with any security related features of the Software Services;
14.2.2 use the Software Service if Bolt has suspended or banned You from using it;
14.2.3 modify, interfere, intercept, disrupt or hack the Software Services;
14.2.4 misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Software Services or any user of the Software Services’ own equipment;
14.2.5 collect any data from the Software Services other than in accordance with these Driver Terms;
14.2.6 submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
14.2.7 submit or contribute any User Content that You do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
14.2.8 use any User Content in violation of any licensing terms specified by the owner;
14.2.9 submit or contribute any information or commentary about another person without that person’s permission;
14.2.10 threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
14.2.11 use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the Software Services in a manner that sends more request messages to the Software Services than a human can reasonably produce in the same period of time.
14.3 Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Driver Terms, and may result in Bolt and/or Bolt Operations taking all or any of the following actions (with or without notice):
14.3.1 immediate, temporary or permanent withdrawal of Your right to use the Software Services;
14.3.2 immediate, temporary or permanent removal of any User Content;
14.3.3 issuing of a warning to You;
14.3.4 legal action against You including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
14.3.5 disclosure of such information to law enforcement authorities, proactively or reactively, as Bolt and/or Bolt Operations reasonably feel is necessary and in conformity with local legislation.
14.4 The responses described in paragraph 14.3 are not limited, and Bolt and/or Bolt Operations may take any other action they reasonably deem appropriate.
15.1 The Software, its content and functionality, are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by law, Bolt, Bolt Operations, its or their licensors and any entity that is directly or indirectly under the control of Bolt and/or Bolt Operations (an "Affiliate Company") make no promises, whether express or implied, with respect to the Software, its content or functionality.
15.2 Bolt, Bolt Operations, its or their licensors and Affiliate Companies do not make any promise that access to Software will be uninterrupted or error free. To the maximum extent permitted under applicable law, neither Bolt, Bolt Operations, nor its or their licensors or Affiliate Companies or its or their representatives, directors or employees are liable for the proper functioning of the Software and any loss or damage that may occur to You as a result of Your use of the Software.
15.3 Subject to clause 15.5 of these Driver Terms, to the maximum extent permitted under applicable law, neither Bolt, Bolt Operations, nor its or their licensors or its or their Affiliate Companies or its or their representatives, directors or employees are liable for any loss or damage that You may incur under or in connection with these Driver Terms or as a result of using the Software, including but not limited to:
15.3.1 any direct or indirect property damage or monetary loss;
15.3.2 loss of profit or anticipated savings;
15.3.3 loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
15.3.4 loss or inaccuracy of data; and
15.3.5 any other type of indirect or consequential loss or damage.
15.4 You accept that neither Bolt nor Bolt Operations has any liability in relation to the Journeys other than as expressly provided in these Driver Terms.
15.5 Nothing set out in these Driver Terms limits or excludes Bolt’s or Bolt Operations’ liability to You in relation to:
15.5.1 death or personal injury arising as a result of Bolt or Bolt Operations’ negligence;
15.5.2 fraud on the part of Bolt or Bolt Operations;
15.5.3 any other liability that cannot be excluded or limited under applicable law; or
15.5.4 the obligation under these Driver Terms to pay (if properly payable under these Driver Terms) the applicable Bolt Payment to You in respect of any Fare that has been collected by Bolt Operations on Your behalf.
15.6 Bolt will try to prevent unwelcomed Passengers from using the Software. However, Bolt and/or any of its Affiliate Companies are not liable for the actions or non-actions of the Passengers or their co-passengers using the Software and/or during any Journeys provided. Neither Bolt nor Bolt Operations shall be liable for any loss or damage that may occur to You as a result of actions or non-actions of the Passengers or their co-passengers at any time.
15.7 You are fully responsible and liable for any breach by You of these Driver Terms and/or any other applicable laws or regulations. If Bolt or Bolt Operations or any authority notifies You of a breach, You must stop and remedy such breach immediately.
15.8 You agree to fully indemnify and hold Bolt and Bolt Operations, their Affiliate Companies, licensors, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, penalties, fines, costs and expenses of any nature) that they suffer as a result of Your use of the Software and provision of Journeys, including those claims or losses result from:
15.8.1 Your breach of these Driver Terms or documents incorporated by reference;
15.8.2 Your violation of any law or the rights of a third party, including, without limitation, Passengers, other motorists, and pedestrians, as a result of Your interaction with such third party;
15.8.3 any allegation that any materials that You submit to Bolt or transmit through the Software infringe or otherwise violate the rights (including intellectual property rights) of any third party;
15.8.4 Your ownership, use or operation of a motor vehicle or passenger vehicle, including the provision of Journeys; and/or
15.8.5 any other activities in connection with the provision of Journeys by You.
15.9 As a self-employed contractor, You are solely responsible for any tax obligations (for example, income tax or employee national insurance contributions) that You incur as a result of providing the Journeys. To the maximum extent permitted by law, you indemnify Bolt and Bolt Operations and/or any Affiliate Companies from all tax liabilities, duties, levies, claims and penalties that they may incur as a result of Your failure to comply with Your tax obligations. If You have any concerns, please seek professional tax and accounting advice.
16.3 Unless we expressly permit you to do so otherwise, you shall only collect, record, store, grant access, use or cross-use the personal data provided by the Passengers or made accessible by the Software for the purposes of fulfilling the Passenger’s Journey request made via the Software, always in accordance with applicable data protection laws and regulations.
16.4 Unless a communication is initiated at the Passenger’s direct request, or we expressly permit you to do so otherwise, you shall only contact a Passenger for the purpose of fulfilling the Passenger’s Journey request made via the Software, always in accordance with applicable data protection laws and regulations.
17.1 These Driver Terms are effective upon Your submission of Your application to register with Bolt and will continue in full force and effect until terminated by either party in accordance with these Driver Terms.
17.2 You may terminate your relationship with Bolt and Bolt Operations at any time by giving Bolt 7 (seven) days’ notice in writing. Upon termination, the license granted to You is automatically revoked and You must immediately cease use of the Driver App.
17.3 Unless otherwise set out in these Driver Terms, Bolt and/or Bolt Operations may terminate their relationship with You at any time by giving You at least 3 (three) days’ notice in writing.
17.4 Bolt and/or Bolt Operations are also entitled to immediately terminate their relationship with You and block Your access to the Software (including preventing You from registering a new account) without giving any advance notice if:
17.4.1 You are in of breach of these Driver Terms and/or any applicable laws or regulations; or
17.4.2 You provide poor service (as evidenced by Passenger complaints and/or ratings) and such poor service standards would, in Bolt’s reasonable opinion, bring Bolt, Bolt Operations and/or the Software into disrepute.
17.5 Upon termination of Your relationship with Bolt or Bolt Operations by any party for any reason and howsoever caused all rights granted to You under these Driver Terms shall cease and You must cease all activities authorised by these Driver Terms. At such time, You must delete or remove the Software from Your device. Clauses 4.10, 9, 11, 12, 15, 16 and 18 of these Driver Terms shall survive any termination or expiry of these Driver Terms.
18.1 These Driver Terms shall be governed by, and construed and enforced in accordance with the laws of England and Wales.
18.2 Any dispute, conflict, claim or controversy that may arise out of or in connection with these Driver Terms, whether with respect to their existence, validity, interpretation, construction, enforceability, performance, breach, termination or otherwise (and including non-contractual disputes) (any “Dispute”), shall be settled by way of informal negotiations wherever possible. If the respective Dispute resulting from these Driver Terms could not be settled through such informal negotiations, then the Dispute shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be London, England. The language of the mediation and/or arbitration shall be English, unless You do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and Your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
18.3 You may not assign these Driver Terms or any of the rights or obligations under these Driver Terms.
18.4 You agree that Bolt or Bolt Operation may assign any of its obligations arising under these Driver Terms to any Affiliate Company.
18.5 Any notice required to be given to You by Bolt or Bolt Operation will be delivered to the email address associated with Your account, sent by registered mail to the address associated with Your account, or sent via the Driver App. Any notice required to be given by You to Bolt or Bolt Operations should be delivered using the Driver App, registered mail to Bolt’s registered office or by email to the email address on the Website.
18.6 If any provision of these Driver Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Driver Terms shall not be deemed a waiver of such term.
18.7 Bolt may change these Driver Terms at any time by giving You at least fourteen (14) days’ prior notice and posting a revised version on the Website. Bolt commits to informing Transport for London of any significant changes Bolt makes in accordance with Regulation 9(13) of the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000 which provides that: 'The operator shall notify the licensing authority of any material changes to its operating model that may affect the operator's compliance with the 1998 Act, these Regulations or any conditions of that operator's licence, before those changes are made.'
18.8 Any change shall come into effect and be deemed accepted by You if you continue to use the Software after the expiry of the notice period above.
18.9 No provision of these Driver Terms is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Driver Terms.
18.10 Date of entry into force of the Driver Terms: 10 July 2019.