General Terms for Package delivery
General Terms for Package delivery
These General Terms for Package delivery are set out in accordance with and in addition to General Terms and Conditions for Drivers, Terms and Conditions for Passengers and Privacy Policy for Passengers and define the conditions for using Package delivery via the Bolt App.
By using the Bolt App each Client and the Driver respectively agree to the application of these General Terms for Package delivery as well as to the processing of the personal data on the conditions incorporated to these General Terms for Package delivery and the Privacy Policy.
1. DEFINITIONS
Client
- means a user of the Bolt App that has selected a Bolt Send category in the Bolt App and ordered a delivery of a Package, thereby entering into a Delivery Agreement with the Driver.
Delivery
Agreement
- means the agreement between the Client and the Driver for the delivery of the Packages.
Drop-Off Location
- means the address specified in the Bolt App, where the Client wishes the Package to be delivered.
General Terms for Package delivery
- means these terms and conditions applicable to the relationship between Bolt and the User in relation to the use of Bolt App for the Package delivery.
Package
- means the item(s) subject to the delivery, with the exception of the Excluded Packages.
- means the person (including the agent or
Recipient
representative of a legal person) whose identity and contact details are shared via Bolt App to the Driver by the Client as Recipient of the Package.
User
- means either the Client or the Driver as the context requires. 2. LEGAL FRAMEWORK
2.1. The Bolt App enables the Client to order deliveries of Package(s) to the Recipient at the Drop-Off Location by selecting the “Bolt Send” category in the Bolt App. The “Bolt Send” category is available in the case of Bolt in-App Payment. The Client acknowledges that delivery of Packages is not a door-to-door delivery and the Recipient must be informed in advance by the Client about the requirement to pick up the Package from the Driver’s vehicle. The Driver is not responsible for loading and unloading the Package.
2.2. For the delivery of the Package, the Client enters into a Delivery Agreement directly with the Driver. The Delivery Agreement is deemed to be concluded from the moment that the order for delivery of a Package is confirmed by the Driver via the Bolt App.
2.3. The Driver who wishes to provide the Package delivery services shall contact Bolt's customer support service to opt into a Bolt Send category. As a prerequisite for electing to the Bolt Send category, Bolt may require the Driver to have a certain language proficiency level in Lithuanian and/or English to minimally communicate with the Client and the Recipient, in accordance with Section 4.3 of the General Terms and Conditions for Drivers. Drivers who do not wish to use the Bolt App for deliveries of Packages can opt out by unselecting the Bolt Send category in the Bolt App.
2.4. By operating the Bolt App, Bolt acts only as a provider of the information society service and is not a party to the Delivery Agreement. Bolt is not the provider of the delivery services and is not liable in any way for the performance under the Delivery Agreement. Bolt does not supervise, direct or control the manner in which the delivery of Packages is carried out by the Driver.
2.5. The Bolt App may not be used for ordering deliveries of Packages containing goods that have not been approved by Bolt ("Excluded Packages") as eligible for the Bolt App. Excluded Packages include:
2.5.1. goods that do not fall into package size limits 65 x 55 x 40 cm or goods that weigh more than 20 kg;
2.5.2. animals, human beings and other living or dead creatures, including their parts, remains, fluids or substances derived from products originating from animals, human beings or other creatures;
2.5.3. bank notes (including foreign currency), credit cards, securities, jewellery, gift vouchers and similar valuables;
2.5.4. firearms and their parts, ammunition, melee weapons, and other items specially designed for attack and defence (e.g. knuckles, stilettos);
2.5.5. flammable, combustible, explosive and radioactive or other ionising substances, munitions, gas, infectious, poisonous or corrosive materials which by their nature may pose danger to the environment;
2.5.6. drugs and other psychotropic substances which are subject to special control in accordance with the legislation;
2.5.7. food, alcoholic beverages, ethyl alcohol, high-octane oxygen containing impurities, tobacco;
2.5.8. goods, the value of which exceeds 200 EUR;
2.5.9. other items that are not allowed to be delivered, transported by law and items that cannot be transported, delivered without additional licenses, permits, approvals etc., including goods that cannot be delivered due to the
capacity of the Client or the Recipient (e.g medicine which requires medical prescription).
2.6. The Client must ensure that the Package is in a suitable condition for delivery (including clean, suitable for delivery in a vehicle) and that the Package will not be damaged and/or its condition will not change until it is delivered to the Recipient.
2.7. The Driver may cancel the delivery of the Package if the Driver upon pick up discovers or has reasons to believe that the Package is an Excluded Package or does not comply with Section 2.6. In such cases, the Driver shall contact Bolt's customer support service informing them about the case.
3. LIABILITY
3.1. Every User shall indemnify, defend or settle and hold Bolt harmless against any loss or damage (including legal costs) which Bolt may sustain or incur, in relation to any third party claim, to the extent such claim is based upon any breach by the User of the provisions of these General Terms for Package delivery.
3.2. The Driver is solely liable for the performance of the Delivery Agreement and for any claims presented under the Delivery Agreement. Bolt is not liable for any failure or non-conformity of performing the Delivery Agreement and assumes no liability for:
3.2.1. Any traffic violations or accidents sustained during the performance of the Delivery Agreement;
3.2.2. Damage, loss or destruction of the Package that may arise during the performance of the Delivery Agreement;
3.2.3. Failure to hand over the Package due to actions or omissions of the Client and/or the Recipient or the Driver;
3.2.4. Any damage caused by the Package to the Driver or Driver’s vehicle during the performance of the Delivery Agreement;
3.2.5. Any error, act, omission, or delay of any nature resulting in direct or indirect losses or damage to the Client and/or the Recipient or the Driver in connection to the performance of the Delivery Agreement.
3.3. If the Client files a claim due to the breach of the Delivery Agreement, the Driver shall release Bolt from all liability regarding the claim.
3.4. The Driver shall assume no liable for any failure of delivery of the Package(s) in the following cases:
3.4.1 If the Recipient is absent at the Drop-off location for more than 15 minutes from the moment of delivery;
3.4.2.If the Client has provided incorrect destination information, including Drop-off location, within the Bolt App;
3.4.3. If the Client fails to respond to the Driver's phone call, which may be made to address additional or unforeseen delivery challenges.
3.5. The Driver's total liability for material damage or consequential loss, such as loss, theft, material damage, average or destruction of the Package shall be the greater of (i) the original value of the affected items of the Package; or (ii) the amount of their repair or reconstitution, in both cases up to the limit equivalent to 200 EUR.
3.6. The Bolt App is provided to the Users strictly on an "as is" basis. Bolt will not be liable for any interruptions, connection errors, unavailability of, or faults in the Platform. In no event shall Bolt's aggregate liability for any and all claims arising out of the use of the Bolt App by the same User, including those based on tort, agreement or other grounds, exceed the equivalent of 500 EUR or the amount of the fees paid to Bolt, whichever is lower.
4. ORDERING DELIVERY OF PACKAGES THROUGH BOLT APP
4.1. The Client shall order a delivery of Package(s) by the Driver to the Recipient at the Drop-Off Location. The Client and the Driver will enter into the Delivery Agreement upon confirmation of the order by the Driver.
4.2. The Client represents and warrants that it has obtained consent or agreement from the Recipient for sharing their telephone number(s) and/or other contact details with the Driver via the Bolt App and allowing the Driver to contact them in connection with the performance of the Delivery Agreement. The Client acknowledges and agrees that the Driver may contact the Recipient in order to meet its obligations under the Delivery Agreement.
4.3. The Driver shall deliver Package(s) to the Drop-Off Location inserted by the Client in the Bolt App. The Driver is prohibited from adding or removing any packaging and has to deliver the Package as prepared by the Client. The Driver is not allowed to change, modify, add to, remove from or temper with the Package in any way and ensure the Package is not damaged, destroyed, stolen or lost as well as shall act responsibly in driving its means of transport.
4.4. It is the responsibility of the Client to ensure that the Recipient is present at the Drop-Off Location at the estimated time of delivery indicated in the Bolt App. The Client shall share the estimated time of delivery with the Recipient. The Client must be available to receive calls via the Bolt App from the moment of ordering the delivery of Package(s) via the Bolt App until delivery of Package(s) to the Recipient.
Any delivery time or other time estimate communicated to the Client via the Bolt App are estimated times. There is no guarantee that the Package will be delivered at the estimated time. The Client acknowledges that the delivery time may be affected by objective factors such as traffic jams, rush hours and weather conditions.
4.5. In case of failure to hand over the Package(s) due to the Client and/or the Recipient, the Driver shall undertake all reasonable efforts to ensure the preservation and safety of the Package(s), including refraining from leaving the Package(s) unattended without proper safeguards in place and after waiting for the Recipient at the Drop-Off Location for 15 minutes shall take the following steps:
4.5.1. If the Client has not canceled the delivery midway:
a) contact the Client regarding further instructions on the return or delivery of the Package(s). If the Driver is instructed to return or deliver the Package, the Driver shall follow the instructions. If the return or the delivery of the Package entails additional costs that reasonably exceed the initially set price, the Driver may initiate a price review describing the situation through the Bolt App after marking the ride as “Finished”, but prior to confirming the trip price. If the Driver is requesting a price review, Bolt's customer support service shall be informed accordingly.
b) provided the Client cannot be contacted for at least 15 minutes, mark the delivery as "Finished" on the Bolt App (please refrain from confirming the final price if you might dispute it later), inform Bolt's customer support service about the situation and undertake reasonable efforts to contact the Client within 24 hours and agree on the return of the Package. If, within 24 hours, the Package is returned or delivered as per the Client's instruction entailing additional costs that reasonably exceed the initially set price, the Driver may initiate a price review describing the situation through the Bolt App after marking the ride as “Finished”, but before confirming the trip price. If the Driver is requesting a price review, Bolt's customer support service shall be informed accordingly.
If the Client cannot be contacted within 24h, the Driver shall deliver the Package(s) to the nearest police office and promptly inform Bolt's customer support service about the situation, providing details of the delivery, attempted communication with the Client, and the subsequent delivery of the Package(s) to the police office.
4.5.2. If the Client has cancelled the delivery midway (after the Driver has picked up the Package(s) but prior to delivering the order to the Recipient), the Driver shall promptly inform Bolt's customer support service about the situation and follow the guidelines. If the Client cannot be contacted within 24 hours by the Driver, the Driver shall deliver the Package(s) to the nearest police office and promptly inform Bolt's customer support service about the subsequent delivery of the Package(s) to the police office.
4.6. The Driver shall not mark the delivery as "Finished" on the Bolt App:
4.6.1. until handing over the possession of the Package to the Recipient or returning the Package to the Client;
4.6.2. until waiting for the Recipient at the Drop-off location for 15 min and afterwards trying to contact the Client for further instructions for at least 15 min.
For the avoidance of doubt, if the Client cancels the delivery before the Driver has marked the delivery as “Finished”, Bolt might not be able to charge the Client for the delivery or return even if the Driver returns the Package to the Client and/or delivers it to the Recipient after cancellation of the order. In such a case, the Client will be charged only the cancellation fee in accordance with the General Terms for Drivers. Irrespective of the above, the Driver shall promptly inform Bolt's customer support service about the situation.
4.7. Bolt reserves the right, at its own discretion to the extent practically feasible, to modify the final order price upon the Driver's request for a price review through the Bolt App after marking the ride as “Finished”, but before confirming the trip price.
4.6. If the Driver fails to arrive at the Drop-Off and fails to contact the Client and/or Recipient regarding the delay or any other reasons for non-arrival, the Client shall contact Bolt's customer support service. In this case, Bolt will send a notice to the Driver on behalf of the Client seeking information about the delivery status of the Package. Notwithstanding the above, Bolt shall not assume any liability for the non-delivery of the Package, nor shall it be held responsible for any losses or damages incurred by the Client and/or Recipient resulting from the non-delivery.
5. CANCELLATION AND SUSPENSION OF USE
5.1. Bolt is entitled to remove the User from the Bolt App with immediate effect and/or refuse or cancel any deliveries of Packages(s), if it causes any abuse or harm to Bolt App, if Bolt has reasonable belief of fraudulent acts by the User when using the Bolt App, or if the User otherwise fails to comply with its obligations under these General Terms (e.g. by the Recipient not being present at the Drop-Off Location on several occasions).
5.2. The User may not use the Bolt App for any unlawful purpose, including for the purposes of money laundering. If the User violates this Section, Bolt may permanently suspend the User from using the Bolt App.
5.3. Anything not covered by these General Terms for Package delivery, shall be governed by General Terms and Conditions for Drivers, Terms and Conditions for Passengers and Privacy Policy for Passengers. In case of any contradictions, the conditions set forth in these General Terms for Package delivery shall prevail.