Terms and Conditions for Tuk Tuk Passengers in Lisbon
You can download these Terms and Conditions for your future reference here.
Effective Date: September 2023
The present general terms and conditions constitute a legally binding contract between Bolt Operations OÜ, a trading company with registered office at Vana-Lõuna tn 15, Tallinn 10134, Estonia, registered under number 14532901 ("Bolt" or “We”), and the person booking Tourism Entertainment Services through the use of the Application (as defined below) ("Passenger" or "User" or “You”).
a. Bolt App - smartphone application for drivers and passengers to request and receive services, namely Tourism Entertainment Services.
b. Driver - natural person at the service of the Tourism Operator, that carries out Tourism Entertainment Services by driving the vehicle assigned to the Tourism Services after registration and through the use of the Bolt Platform. For the avoidance of doubt, the Driver can be the same person as the Tourism Operator if his/her activity is set up as a sole proprietorship. Each Driver will have a personal Driver Account to use the Bolt App and the Bolt Platform.
c. Tourism Operator - a commercial company, a cooperative, or a sole proprietorship, duly registered in the national register of tourism entertainment operators (RNAAT) managed by Turismo de Portugal, I.P. and that provides the Tourism Entertainment Services.
d. Passenger or User - a person who requests Tourism Entertainment Services through the use of the Bolt Platform.
e. Bolt Platform or Software - Bolt's technology comprising the Bolt App, Website and software owned by Bolt that enables the connection between Passengers and Drivers acting on behalf of the Tourism Operators.
f. Tour Price - the price the Passenger is obligated to pay the Tourism Operator for the provision of the Tourism Entertainment Services.
g. Tourism Entertainment Services - tourism entertainment services in tuk-tuk vehicles that a Tourism Operator or a Driver acting on its behalf provides to a Passenger whose request has been accepted through the Bolt App.
h. Website - website located at http://www.bolt.eu.
1. Welcome to Bolt
1.1 Bolt provides the Bolt Platform as a digital marketplace that allows Tourism Operators through Drivers acting on their behalf to provide Tourism Entertainment Services in Lisbon to Passengers who request them, allowing Passengers to pay for these Tourism Entertainment Services using the Bolt App available for download to Passengers' mobile devices.
1.3 In order to use the Application, the Passenger must agree to the terms and conditions set out below ("Terms of Service"):
2. Service Description
2.1 Bolt uses Bolt Platform that allows Tourism Operators through Drivers acting on their behalf to promote and sell Tourism Entertainment Services, and at the request of Passengers, to request, make bookings and pay for Tourism Entertainment Services.
2.2 Bolt does not provide Tourism Entertainment Services, but rather a brokerage service. When the Passenger sends a request for Tourism Entertainment Services through Bolt App, the request is then received, assessed and confirmed by a Tourism Operator or a Driver acting on its behalf. The Tourism Entertainment Services will be provided in tuk-tuk vehicles and depending on the availability of Drivers.
2.3 When a Passenger’s request for Tourism Entertainment Services is accepted through the Application, the Passenger enters into an independent contract with the Tourism Operator on behalf of whom the Driver provides services for the provision of the Tourism Entertainment Services and which is attached as an ANNEX to these Terms of Service ("Tourism Entertainment Services Contract"). The provision of tourism entertainment services are in the form of tours with tuk-tuks vehicles for tourists, which more precisely include pick-up, sightseeing tour and drop-off. The pick-up and drop-off locations are specified by the Passenger through the Bolt Application.
2.4 The Passenger acknowledges and accepts the application of the Tour Price at the time of acceptance of the Tourism Entertainment Services.
2.5 Disputes between Tourism Operators or Drivers acting on their behalf and Passengers will be resolved between the parties.
2.6 Information regarding the Tourism Operators, the Drivers acting on their behalf and the Tourism Entertainment Services provided by them is available on the Application and receipts will be sent to the email address which the Passenger provides.
3. Access to the Service
3.1 To access the Service, You must download the Application, register and create an account with a username and password (the "Account").
3.2 To use the Bolt Service, You must be at least 18 years of age and legally eligible in your country to enter into a Contract of Tourism Entertainment Services.
3.4 The Passenger is responsible for maintaining the confidentiality of their access information and any activities that occur under their Account. If You believe that Your Account may have been misused, please contact and inform Bolt immediately at email@example.com.
4. Licence, Right to use the Service and Intellectual property
4.1 The Passenger's right to use the Service is personal and non-transferable.
4.2 As long as you comply with these Terms of Services, Bolt grants You a personal, non-exclusive, non-transferable, non-assignable, free and revocable licence to use the Application in accordance with the Terms of Services and for the sole purpose of using the Application.
4.3 Except as permitted by these Terms of Service and as permitted by the functionality of the Service, You agree: (a) not to copy the Application or any part of the Service; (b) not to assign or sell or otherwise make available the Application or any part of the Service to any third party; (c) not to alter the Application or any part of the Service in any way; (d) not to search for or access the code of the Application or any part of the Service that has not been expressly published for general public use.
4.4 The Application and its content are protected by intellectual property rights, including copyrights and trademarks, which are Bolt’s exclusive property and/or that of third parties or Passengers who have granted rights to this content. These Terms of Services shall not be construed in any way as transferring ownership of the Application or any element thereof or its content to Passengers. All rights relating to the Application which are not expressly granted to Passengers in application of the Terms of Services and which are the property of Bolt, remain the full and exclusive property of Bolt.
4.5 The Passenger agrees that they have no rights in the Application or Service other than to use it in accordance with these Terms of Service.
4.6 If your right to use the Application is terminated, the corresponding non-exclusive licence will also be terminated.
5. Promotional Codes
5.1 Bolt may from time to time send You promotional codes. Promotional code credit may be applied towards payment on completion of a ride or other elements or benefits related to the service and/or a service of a third party and are subject to additional terms set out in the promotional campaign itself. The date on which the code expires will be mentioned in the Application.
5.2 If the value of Your trip exceeds the redeemable credit allocated to Your ride, compensation will be made immediately and the balance will be deducted from Your payment methods. Similarly, a promotional code credit only applies on a per ride basis and the surplus will not carry over to the next trip and therefore will be forfeited. Only one promotional code may be used per trip.
5.3 Bolt reserves the right to cancel any promotional codes at any time for any reason. This applies, but is not limited, to situations where Bolt considers that codes are being used illegally or fraudulently, have been given in error or have expired.
6. Request, cancellation of Tourism Entertainment Services and waiting time
6.1 If you request a Tourism Entertainment Service and a Tourism Operator or a Driver acting on its behalf agrees to perform the Tourism Entertainment Service, the Tourism Entertainment Service is deemed to be ordered.
6.2 From the moment a Tourism Operator or a Driver acting on its behalf confirms that he/she will perform the service, the Passenger enters into a new and separate Tourism Entertainment Services Contract with the Tourism Operator to whom the Driver provides services, for the performance of the Tourism Entertainment Service on such terms and conditions as may be agreed between the Tourism Operator and the Passenger set out in the ANNEX to these Terms of Service. Bolt does not provide Tourism Entertainment Services and is not a party to the Tourism Entertainment Services Contract that the Passenger enters into with the Tourism Operator.
6.3 Cancellation is where a Tourism Entertainment Service request has been accepted by a Tourism Operator or a Driver at its service and the Passenger subsequently rejects, cancels or refuses the Tourism Entertainment Service. When a request for a Tourism Entertainment Service is cancelled after a certain time period (as specified in the Application), you will be liable for a cancellation fee (the amount of which is specified in the Application).
6.4 If a Passenger cancels Tourism Entertainment Service requests on multiple successive instances within a period of twenty-four (24) hours, Bolt reserves the right, as a warning, to temporarily block access to the Account. After several warnings, Bolt may suspend the Account for a longer period (for example, six (6) months). After this period of time, the Passenger may request that the Account be reactivated and the request will be reviewed by Bolt.
6.5 Where the Tourism Operator or a Driver at its service notifies the Passenger about the arrival of the tuk tuk vehicle at the pick-up point and the Passenger or the person for whom the Tourism Entertainment Service was ordered fails to appear at the location within a reasonable period of time (as specified in the Application), the order may be canceled by the Tourism Operator or the Driver at its service and in such event a cancellation fee (as specified in the Application) will be charged to the Passenger. Should the Tourism Operator or the Driver at its service decide to cancel the order, please note that Bolt is not responsible for such situations.
6.6 From the time the Tourism Operator or the Driver at its service arrives at the pick-up point and has sent the Passenger a notification to confirm arrival, the Application may start charging a waiting fee in accordance with the rates specified in the Application.
7. Trip price and other fees
7.1 Upon request for a Tourism Entertainment Service, the Application will provide the Passenger with an estimation of the price that will be charged by the Tourism Operator for the provision of the Tourism Entertainment Service ("Tour Price"), which will be calculated based on variable factors: the tour duration and any applicable taxes.
7.2 For each Tourism Entertainment Service performed, the Tour Price will be in the amount of 90.00 EUR (ninety euros) in the first hour, after which EUR 1.50 (one euro and fifty cents) per minute will be added.
7.3 The minimum amount of the Tour Price for each Tourism Entertainment Service carried out by request and mediated through the Bolt App will always be at least a minimum of EUR 90.00 (ninety euros), regardless of whether the Tourism Entertainment Service lasts one hour or not.
7.4 If, during a Tourism Entertainment Service, a Passenger or his co-passengers negligently damages the tuk tuk vehicle or any part thereof (including by staining the seats or in any way causing a bad smell inappropriately in the vehicle), the Tourism Operator or a Driver acting on its behalf shall be entitled to require the Passenger to pay a penalty of €50 (fifty euros) and to claim compensation for damages in excess of this amount.
8. Payment Methods
8.1 The Passenger undertakes to provide Bolt with valid, up to date and complete credit card or debit card details when registering for use of the Service. By providing Bolt in-app payment service (“In-App Payment”), Bolt acts as commercial agent for the Tourism Operators. Every Tourism Operator has authorised Bolt as their commercial agent for the mediation of conclusion of contracts between the Tourism Operator and the Passenger, including the power to accept payments from the Passengers and to forward the payments to the Tourism Operator. Your obligation to the Tourism Operator that provided the Tourism Entertainment Service will be fulfilled when the payment order is given to transfer funds to Bolts’ bank account. You as a Passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
8.2 When making payments by In-App Payment, Bolt receives Your payments and forwards money to the Tourism Operator. Bolt may ask additional data from You to verify payment method.
8.3 When making payments by In-App Payment for Tourism Entertainment Services, Bolt is not responsible for possible third-party payment costs (e.g mobile operators, bank fees). These service providers may charge You additional fees when processing payments in connection with the Bolt In-App Payment. Bolt is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using Your payment method.
8.4 Bolt will be responsible for the functioning of In-App Payment and provide support in resolving problems. The resolution of disputes related to In-App Payment also takes place through Bolt. For payment support service please contact: firstname.lastname@example.org or email@example.com.
8.5 If Bolt is unable to collect an amount in respect of the Tour Price or any other amount on the User's credit or debit card and if it has still not received payment within 14 days of sending the information, Bolt reserves the right to temporarily suspend or disable all or part of the User's access to the Service (without any liability to the User), without being under any obligation to provide part or all of the Service until the relevant amount is debited. This does not affect any other rights and remedies that are available to Bolt (as the Tourism Operator's payment collection agent), and the Tourism Operator.
8.6 At the end of each Tourism Entertainment Service, an invoice-receipt is issued and sent to the email address with which the User made the registration on the Application.
8.7 If a claim is presented and accepted for having been overcharged on the User Tourism Entertainment Service, the difference will be reimbursed through a promotional code that will be made available and can be discounted on the next trip, and should be applied for this purpose in the option "payment methods - apply promotional code".
8.8 You may choose to pay a tip to the Driver at the service of the Tourism Operator using the In-app Payment service. The tip can be paid via the In-app Payment by means authorised by Bolt for that purpose. Bolt will not hold a commission for the brokerage of the tip and the tip will be transferred to the Tourism Operator in full amount, excluding any taxes, if applicable. Bolt reserves the right to withhold the tip, if the payment of the tip is suspected as being fraudulent, illegal, for a purpose other than as a gratuity related to the service provided or used in conflict with these Terms of Service.
9. Apple App Store Provisions
9.1 This clause 9 applies where the Application has been purchased from Apple's App Store. The Passenger acknowledges and agrees that the Terms of Service apply between you and Bolt, not Apple, Inc. ("Apple"), and that Apple has no responsibility or liability with respect to the Application or its contents. Use of the Application must comply with the App Store Terms of Service.
9.2 You acknowledge and agree that iTunes has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any breach by the Application of the applicable warranty, You may notify Apple, and (where applicable) Apple will refund the purchase price; to the maximum extent permitted by applicable law, Apple will have no further obligation with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any breach of any warranty will be governed solely by these Terms of Service and any applicable law applicable to Bolt as provider of the Application.
9.3 You acknowledge that iTunes is not responsible for addressing all of Your or any third party's claims relating to the Application or Your possession and/or use of the Application, including but not limited to: (i) product liability actions; (ii) any allegation that the Application fails to comply with any applicable legal requirements or regulations; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms of Service and any law applicable to Bolt as the software provider.
9.4 You acknowledge that in the event of any third party claim that the Application or Your possession and use of it infringes the intellectual property rights of a third party, Bolt, not Apple, will be solely responsible for investigating, defending, settling and discharging any alleged intellectual property infringement to the extent required by these Terms of Service.
9.5 The Passenger represents and warrants that (i) it is not in a country subject to a U.S. Government Embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) it is not on any U.S. Government list of prohibited or restricted individuals.
9.6 You and Bolt acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to your licence to the Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple reserves the right (and will be deemed to have accepted the right) to enforce these Terms of Service with respect to your licence to the Application against You as third party beneficiary thereof.
10. Google Play Store provisions
This clause 10 applies where the Application has been purchased from the Google Play Store.
a. The Passenger acknowledges that the Terms of Service relate to the contract between the Passenger and Bolt, and not Google, Inc;
b. Use of the Application must comply with the Terms of Service in force at the time of the Google Play Store;
c. Google is only a provider of the Google Play Store where You obtained the Application;
d. Bolt, not Google, is solely responsible for your Application;
e. Google has no obligation or responsibility with respect to the Application or its Terms of Service; and
f. The Passenger acknowledges and agrees that Google is a third party beneficiary of the Terms of Service in respect of the Bolt Application.
11. User Content
The Application may contain content created by Passengers, including comments, opinions and information. The Passenger confirms that any text, images or any other information provided in the course of using the Service ("User Content") must comply with the Acceptable Use Policy (as defined in clause 12). We shall not be held responsible for such User Content (unless we are made aware of manifestly illegal content and do not act promptly to remove it or prevent access to it), and we do not necessarily share the opinions expressed by these content publishers.
12. Acceptable Use Rules
12.1 In addition to the other requirements of these Terms of Service, this section describes the specific rules that apply to Your use of the Service (the "Acceptable Use Rules").
12.2 In using the Service, the Passenger must not:
a. circumvent, disable or otherwise interfere with security related features of the Service;
b. allow another person to use the Service on Your behalf unless authorised by You;
c. use the Service if You have been suspended or banned from doing so;
d. advocate, promote or engage in any illegal or criminal conduct or conduct that causes harm or injury to any person or property;
e. modify, interfere with, disrupt, interrupt or hack the Service;
f. misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material that may harm the Service or any User of the Service equipment;
g. collect other information from the Service that is not provided for in these Terms of Service;
h. submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, deceptive, misleading, false or offensive;
i. submit or contribute any User Content that you do not own or have the right to use or that otherwise violates the copyright, trademark or other rights of others;
j. use any User Content in violation of any licensing terms specified by the owner;
k. submit or contribute any information or comment about another person without that person's permission;
l. threaten, abuse or invade privacy, or cause annoyance, inconvenience or needless anxiety or harass, annoy, embarrass, alarm or annoy any other person; or
m. use any automated system, including but not limited to "bots", "spiders" or "offline readers" to access the Service in order to send the Service more request messages than a human could reasonably produce in the same period of time.
12.3 Failure to comply with the Acceptable Use Policy constitutes a serious breach of these Terms of Service and may result in one or all of the following actions being taken (with or without notice):
a. immediate, temporary or permanent withdrawal of the Passenger's right to use the Bolt Service.
b. immediate, temporary or permanent removal of any User Content;
c. issuing a warning addressed to the Passenger;
d. legal action against the Passenger, including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e. the disclosure of such information to authorities as Bolt reasonably considers necessary.
12.4 The actions described in clause 12.3 are not limited and Bolt may take any other action it reasonably considers appropriate.
13. Warnings and suspension policy
13.1 Anyone may contact Bolt by sending a warning (a "Infringement Notice") if any content available through our Service violates Your rights or does not comply with our Acceptable Use Rules. The Infringement Notice should be sent by email to firstname.lastname@example.org. Please provide the following information:
a. name and contact details;
b. a statement explaining in detail why You believe that content available through our Service violates Your rights, or does not comply with our Acceptable Use Rules; and
c. a link to or other means of identifying the problematic content.
13.2 We will take such action as We consider appropriate in accordance with the nature of the Infringement Notice and will aim to provide a response within a reasonable period of time on the action We propose to implement.
14. End of contractual relationship between Bolt and the Passenger
14.1 You may terminate these Terms of Service by closing your Account at any time or by ceasing to use the Application.
14.2 If You wish to delete Your account, please follow the instructions under Your profile in the Application.
14.3 Bolt reserves the right to terminate these Terms of Service and to suspend Your access to the Application and Your use of the Service with immediate effect in the event of a breach of the Acceptable Use Rules,or breach of the terms and conditions set out for access to and use of the Service, including these Terms of Service or if We consider it necessary to protect the integrity of Bolt or the safety of the Tourism Operators or the Drivers at their service, in particular as a result of a criminal complaint communicated to Bolt or in the event of a crime.
14.4 Bolt also reserves the right to suspend the Service, provided that the User is notified of this intention within a reasonable period of time.
14.5 If either the Passenger or Bolt determines that the Passenger's use of the Service has ceased or the Service is suspended in accordance with this section, Bolt reserves the right to delete Your User Content or any other information stored about You. Accordingly, the Passenger also waives any right he/she has to use the Service or to access any content provided by Bolt under the Service, any content provided by Tourism Operators or their User Content. Bolt does not provide any compensation for any losses.
14.6 The termination of the use of the Service by the Passenger and the cancellation of the Passenger's Account will not result in the cancellation of any obligation to pay any amounts due to Bolt.
15. Bolt's liability/obligation to the Passenger
15.1 The Bolt Service makes available third party content such as User Content or any other third party content. As Bolt does not produce such third party content, it disclaims all liability in relation to it.
15.2 Due to the nature of the Internet and technology, the Service and Application are provided on an "as is" and "as available" basis. This means that Bolt does not represent, warrant or guarantee that Your use of the Service and Your access to the Application will be uninterrupted, without delay, error free or will meet Your expectations and Bolt makes no commitment in relation to the performance or availability of the Service in these Terms of Service and, to the extent possible, excludes any commitments which may be provided by law.
15.3 To the extent permitted by law, Bolt accepts no liability for any claim arising from the provision of the Service.
15.4 In all cases, Bolt accepts no liability for any loss or damage that is not reasonably foreseeable.
15.5 The Passenger accepts responsibility for any charges, costs, expenses, damages and losses suffered or incurred by Bolt in connection with their use of Tourism Entertainment Services.
15.6 As the availability of the services offered through the Application depends on the behaviour of the Tourism Operators and the Drivers at their service, Bolt does not guarantee that You will always have available offers for the provision of Tourism Entertainment Services.
16. Submission of complaints and settlement of disputes
16.1 You may submit a complaint regarding the Services by using the appropriate section in the Application. In the event of a dispute regarding the Service, You may contact Bolt at email@example.com and attempt to resolve the dispute with Bolt informally.
16.2 If You wish to dispute an amount relating to the Tour Price or any other charge, You may also notify the Driver.
16.3 In the unlikely event that it is not possible to resolve a dispute informally, Bolt will discuss and agree with the Passenger the most effective way of resolving the dispute. The dispute may be settled under the applicable legislation for alternative dispute resolution for consumer disputes.
17. Changes to the Service
17.1 Bolt is constantly updating and improving the Service to seek ways to provide new and innovative services and features. Improvements and updates are also made to reflect changing technologies, preferences, behaviours and the way people use the internet and our Service.
17.2 This may require us to update, redefine, suspend the provision and/or support of a particular part of the Service, or feature related to the Service. These changes to the Service may affect the Passenger's previous activities in relation to the Service, features You use and Your User Content ("Service Features"). Any changes to the Service may involve deletion or resetting of Your Service Features.
17.3 The Passenger agrees that a key feature of Bolt's Service is that it is susceptible to change over time, this is an important basis on which Bolt ensures that the Passenger has access to the Service. Following the implementation of changes to the Service, Your continued use of the Service implies acceptance of the changes to the Service. The Passenger is free to stop using the Service at any time.
18. Amendments to the Terms of Service
18.1 These Terms of Service may be amended from time to time, but the most current version will always be available at https://bolt.eu/legal/.
18.2 Generally, changes will be justified by the implementation of new features in the Service, changes to legislation or where Bolt needs to clarify its position on something.
18.3 Bolt will normally try to give Users notice before the new conditions come into effect. However, sometimes changes have to be made immediately, in which case they will be implemented without warning. If You continue using the Application, You will be deemed to accept the changes.
19. Documents which apply to Bolt's relationship with Passengers
19.1 It is Bolt's intention to rely on these Terms of Service when drafting the terms of the contract with Passengers for the provision of the Service. If any part of these Terms of Service cannot be enforced, the remaining Terms of Service will remain in force.
19.2 If the Passenger fails to comply with these Terms of Service and Bolt does not act immediately, this does not mean that it waives any rights and it may take action in the future.
20. Autonomy of Clauses
If any provision of these Terms of Service is held to be illegal or unenforceable, that shall not affect the applicability and full force and effect of the remaining provisions.
21. Legislation and jurisdiction
All disputes and the interpretation of these Terms of Service shall be construed under Portuguese law. The Portuguese courts will have non-exclusive jurisdiction over any disputes arising out of or in connection with the use of the Service.
22. Contact, comments and complaints
22.1 If You need to contact Bolt regarding these Terms of Service or any other document referred to in these Terms of Service, You can contact Bolt at its customer service (available at http://help.bolt.eu) or send an email to firstname.lastname@example.org.
22.2 Bolt appreciates hearing from its Users and is always interested to hear ideas on how it can improve the Service. By providing Your comments, You agree that You are giving up any rights to Your comments so that Bolt can use them and allow others to use them without any restriction and without any remuneration.
ANNEX Tourism Entertainment Services Contract
These terms and conditions constitute a legally binding contract (the "Tourism Entertainment Services Contract") between persons ("Passenger" or "User") requesting sightseeing tour in tuk-tuk ("Tourism Entertainment Services") and the providers of Tourism Entertainment Services ("Tourism Operators") through the Bolt App.
The Bolt Platform allows Users to compare, select from and/or book Tourism Entertainment Services ("Bookings") directly from and with a variety of participating Tourism Operators. Bolt does not accept Reservations nor does it act on behalf of the Tourism Operators. Bolt merely provides a platform to facilitate Bookings directly between Users and Tourism Operators.
All terms not defined in this Tourism Entertainment Services Contract have the meanings set forth in the General Terms and Conditions agreed upon between Bolt and the Tourism Operators to which this Tourism Entertainment Services Contract is attached.
USERS AND TOURISM OPERATORS HEREBY ACKNOWLEDGE THAT BOLT DOES NOT PROVIDE TRANSPORTATION OR TOURISM ENTERTAINMENT SERVICES OR ACT AS A TOURISM OPERATOR.
The Tourism Entertainment Services are provided by operators registered in the national register of tourism entertainment operators (RNAAT) managed by Turismo de Portugal, I.P., in accordance with the Decree Law No. 108/2009, of May 15.
Where Tourism Entertainment Services are provided by a Tourism Operator, the User enters into a contract with the Tourism Operator pursuant to this Tourism Entertainment Services Contract.
The Tourism Operator obligates itself:
- to ensure that the Driver acting on its behalf performs the sightseeing tour in a tuk tuk to the User from its pick-up point to its destination point, subject to relevant unforeseen circumstances (e.g. mechanical breakdown). It is the Tourism Operator who determines when he or she is providing Tourism Entertainment Services, and therefore may accept, decline or ignore Tourism Entertainment Services;
- to provide (or to ensure that each Driver acting on its behalf provides) the Tourism Entertainment Services through the Bolt App in compliance with the applicable laws and regulations in force in Portugal, whether national, regional, municipal or international, including, but not limited to, holding all the necessary licences for such purpose, namely those provided for the activity of tourism entertainment in tuk tuk. The Tourism Operator acknowledges that it is fully responsible for any violation of any laws and regulations, whether national, regional, municipal, or international, that may arise from the provision of the Tourism Entertainment Services;
- to ensure that the Drivers acting on its behalf are enrolled in the Bolt App in order to provide the Tourism Entertainment Services through the Bolt App;
- to provide (or to ensure that each Driver acting on its behalf provides) the Tourism Entertainment Services in a professional manner, in accordance with professional ethics applicable to the provision of tourism entertainment services;
- to always have and ensure that its Drivers on duty have, when applicable, valid automobile, civil liability and personal accident insurances and and any other insurance that is required the provision of tourism entertainment services with vehicle;
- to ensure that the vehicles assigned to the Tourism Entertainment Services provided by it are registered in the Bolt App and that they comply with all legal requirements and standards relating to their circulation, parking, and use for tourism entertainment purposes;
- to ensure that the vehicles assigned to the Tourism Entertainment Services are duly licensed ou authorized by the concerned municipality under the terms of any applicable legislation;
- to ensure that the provision of Tourism Entertainment Services by the Drivers acting on its behalf complies with the provisions agreed upon by the Agreement entered into between Bolt and the Tourism Operator regarding the Tour Price and forms of payment; and
- to comply with all the requirements relative to the access and exercise of the tourism entertainment activity, including those relative to prior registration for the exercise of the activity.
The Tourism Operator and the User agree that any changes or cancellations of a Booking shall be made in accordance with the terms set out on the Bolt Platform and that the terms set out on the Bolt Platform shall prevail with respect to any no-show by the User and any refunds that may be due to the User.
The User agrees that:
- The Tour Price is charged for each Tourism Entertainment Service performed upon request of the User and mediated through the Bolt App;
- For the provision of Tourism Entertainment Services, the Tour Price is 90.00 EUR (ninety euros) in the first hour, after which 1.50 EUR (one euro and fifty cents) per minute will be added;
- The Tour Price for each Tourism Entertainment Service carried out by request and mediated through the Bolt App will always be at least EUR 90.00 (ninety euros), regardless of whether the Tourism Entertainment Service lasts one hour or not;
- The User may only pay the Tour Price for the Tourism Entertainment Service via In-App Payment. If no technical or other error is displayed during payment, the Tourism Operator may not request a separate amount for the Tour Price from the User;
- Bolt is relieved of the obligation for any payments to the Tourism Operator owed by the User if the In-App Payment fails if the User's credit card or mobile device payment is cancelled, or is unsuccessful, for reasons not attributable to Bolt; and
- Bolt reserves the right to adjust the Tour Price in cases where an irregularity or violation is detected (such as not indicating the journey as completed on the Bolt App after the Tourism Entertainment Service has been fully completed) or if a technical error affecting the final price is detected. Bolt may also adjust the price if there are reasonable and legitimate grounds to believe that fraud has been committed or if a complaint by a Passenger indicates a breach of the Tourism Operator’s obligations under the Agreement between Bolt and the Tourism Operator or a breach of legal and regulatory provisions applicable to the provision of the Tourism Entertainment Services. Bolt will only exercise this right in a reasonable and justified manner.
The User and the Tourism Operator agree that any disputes between them shall be settled directly between them.
This Tourism Entertainment Services Contract shall be governed and construed in accordance with the laws of Portugal and Portuguese courts shall have jurisdiction to rule on any dispute arising therefrom.