Terms and Conditions applicable to TVDE Operators
You can download these Terms and Conditions for your future reference here ↗.
Effective Date: 1st July 2024
The present general terms and conditions constitute a legally binding contract (as further described below, the "Agreement") between Bolt Operations OÜ, a commercial company with registered office at Vana- Lõuna tn 15, Tallinn 10134, Estonia, registered under number 14532901, represented in Portugal by Bolt Support Services PT, Unipessoal Lda. , NIPC 514858168, with registered office at Avenida da Liberdade 224, 1250-148 Lisboa, a sole proprietorship limited liability commercial company ("Bolt"), and the provider of individual passenger transport services in an uncharacterized vehicle from an electronic platform ("TVDE Operator" or “You”) governing the use of the Bolt App, the Bolt website, the Software and the Bolt Platform (all better defined below).
The use of the Bolt Platform services by TVDE Operators depends on the provisions of this Agreement and the acceptance of the Terms and Conditions described below.
DEFINITIONS
a. Bolt App - a smartphone application for drivers and passengers to request and receive transportation services.
b. TVDE Operator Account - access to a website containing information and documents relating to the use of Bolt App in the context of the provision of Transportation Services. The TVDE Operator can access the TVDE Operator Account through the link https://fleets.bolt.eu/login by entering the assigned username and password.
c. Driver Account - a Driver portal subordinated to the TVDE Operator Account with relevant information and documents about the Transportation Services performed by the Driver on behalf of the TVDE Operator. The Driver can access the Driver Account via the link https://partners.bolt.eu/login or via the Bolt App by entering the assigned username and password.
d. Bolt Accounts - TVDE Operator Account and/or Driver Account (as applicable).
e. Agreement - the contract between the TVDE Operator and Bolt for the use of the Bolt Services, consisting of:
- these Terms and Conditions (including the ANNEX); and
- other additional terms and conditions or documents, which are expressly referred to herein or otherwise apply in the future between the TVDE Operator and Bolt.
f. Transportation Services Agreement - a contract between the TVDE Operator and the Passenger, which will consist of pick-up, transportation, and drop-off at the exact locations specified by the Passenger through the Bolt App - which is attached to these Terms and Conditions as an ANNEX.
g. Driver - natural person who at the service of the TVDE Operator performs Transportation Services by driving the vehicle assigned to the Transportation Services after registration and through the use of the Bolt Platform. Each Driver will have a personal Driver Account to use the Bolt App and the Bolt Platform.
h. TVDE Operator - company licensed for the exercise of the activity of remunerated individual transport of passengers in TVDE in Portugal and that provides the Transportation Services.
i. In-App Payment - bank card, mobile device payment, and other payment methods used by the Passenger to pay for Transportation Services through the Bolt App.
j. Passenger or User - a person who requests Transportation Services through the use of the Bolt Platform.
k. 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 TVDE Operator.
l. Trip Price - the price the Passenger is obligated to pay the TVDE Operator for the provision of the Transportation Services.
m. Bolt Services - services that Bolt provides, including the provision and maintenance of the Bolt App, Bolt Platform, means of payment through the Bolt Platform, customer support, communication between TVDE Operators, through Drivers acting on their behalf, and Passengers, and other similar services.
n. Transportation Services - individual, paid passenger transportation activity on TVDE that a TVDE Operator or a Driver acting on its behalf provides to a Passenger whose request has been accepted through the Bolt App.
o. Intermediation Fee - the fee the TVDE Operator agrees to pay to Bolt in order to use the Bolt Services, based on each Transportation Services provided by the TVDE Operator, as further detailed in clause 8 below.
p. TVDE - transport in an uncharacterized vehicle from an electronic platform.
q. Website - website located at http://www.bolt.eu.
1. TRANSPORTATION SERVICES
1.1. Bolt provides the Bolt Platform as a digital marketplace that allows Drivers acting on behalf of TVDE Operators to receive requests from Users for Transportation Services.
1.2. Transportation Services are provided to Users by TVDE Operator as an independent company from Bolt (via Drivers acting on behalf of TVDE Operators). Bolt does not provide Transportation Services to any party and is not an operator of TVDE transportation services Any workers, employees or contractors of the TVDE Operator, including Drivers, shall not be considered employees of Bolt.
1.3. In carrying out an activity for its own account, it is acknowledged and agreed that the TVDE Operator shall determine, in its sole discretion:
1.3.1. if and when to use the Bolt Services; and
1.3.2. if, when, and where to provide Transportation Services.
1.4. This Agreement does not imply any exclusivity obligation for the TVDE Operator. The TVDE Operator has the right to provide passenger transportation services independently of this Agreement (by engaging with Drivers acting on its behalf in respect of this Agreement or otherwise) and to use similar software services for the purpose of providing its services within the scope of its activity for its own account.
1.5. The TVDE Operator undertakes to pay an Intermediation Fee related to the Transportation Services pursuant to clause 8.
1.6. Bolt does not guarantee the User's submission of requests and can in no way be considered to be acting on behalf of or in the name of the User. Bolt merely makes the connection between the TVDE Operators and Users so that the TVDE Operator can provide Transportation Services to the User.
1.7. Each Transportation Service provided by the TVDE Operator to a User shall constitute an independent contract between those parties, and such contract shall enter into force from the moment the TVDE Operator, through the Driver, accepts the request for Transportation Services from and to that same User. Bolt is limited to providing the Bolt Services that facilitate the conclusion of such Transportation Services Agreement under clause 4.
1.8. TVDE operators shall be duly licensed for the provision of Transportation Services by the Institute of Mobility and Transport (IMT, I.P.), by the Regional Directorate of Economy and Land Transport (DRETT) in Madeira or by the Regional Subdirectorate for Land Transport (SRTT) in the Azores as applicable. TVDE Operators’ Drivers shall be registered in the Bolt Platform, and hold TVDE driver certificate issued by IMT, I.P., by DRETT or by SRTT, under the terms foreseen in Law no. 45/2018, of 10 August, in the Regional Legislative Decree no. 14/2020/M, of October 2 and in Regional Legislative Decree no. 10/2022/A, of May 24.
1.9. The TVDE Operator acknowledges and accepts that, pursuant to the provisions of Law no. 45/2018, of 10 August, the activity of TVDE Operator is exercised on national territory by legal persons carrying out remunerated individual passenger transport, under the terms and conditions provided for in that law. The TVDE Operator is responsible for compliance, at all times when Transportation Services are provided, with any rules concerning its access to and exercise of the activity of TVDE Operator.
1.10. It is the TVDE Operator’s responsibility to ensure that all Drivers providing Transportation Services on its behalf shall be capable and duly certified under the terms of the applicable legislation to access and exercise the profession of TVDE driver, namely, holding the TVDE driver's certificate issued by IMT, I.P., under the terms of the provisions of Law No. 45/2018, of 10 August and Order No. 293/2018, of 31 October. The TVDE Operator acknowledges and accepts that holding and possessing a valid TVDE driver certificate is mandatory for exercising the profession of TVDE driver. The TVDE Operator is responsible for ensuring that the certificate of each Driver in its service is valid at all times when Transportation Services are provided. Bolt may ask the Drivers providing Transportation Services on Your behalf to verify their identity to ensure the person using the Bolt App is the same person whose information has been provided in the creation of the Driver Account in compliance with Law No. 45/2018, of 10 August. Drivers providing Transportation Services on Your behalf will not be able to provide Transportation Services until they pass the verification process. In the case of failing to pass the verification process, the Driver Account associated with the Operator Account may be suspended or terminated, depending on the circumstances.
1.11. The Transportation Services provided by TVDE Operators are carried out through the use of TVDE vehicles which must be registered first on the Bolt Platform. The TVDE Operator acknowledges and accepts that the vehicles assigned to the Transportation Services comply at all times with the legal and regulatory rules applicable to vehicles assigned to TVDE transport, namely those provided for in Law No. 45/2018, of 10 August, including having national registration, having a capacity not exceeding nine seats, including the driver's seat, being less than seven years old as of the date of first registration and having all the insurance required by law. The TVDE Operator acknowledges and accepts that the vehicles assigned to the Transportation Services also comply, at all times, with the legal requirements regarding their presentation, circulation and display of advertising, namely, that they comply with the obligation to display a visible label from the outside and removable as provided for in the applicable legislation and with the obligation not to display any other external sign indicating the type of service they provide. Whenever a vehicle needs to be replaced, or there is any change to the existing information, the TVDE Operator undertakes to (i) make any necessary updates through the TVDE Operator Account and (ii) not use such vehicle until the vehicle replacement is regularised in the TVDE Operator Account.
1.12. It is the TVDE Operator who determines when it is providing Transportation Services, so it may accept, rightfully decline or ignore Transportation Services, without prejudice to the rules regarding the refusal of service, provided for in article 8 of Law no. 45/2018, of 10 August . The refusal of service requests equal to or greater than 30 per cent or more of services communicated shall be presumed non-compliant with the aforementioned article. The TVDE Operator is then obliged to provide Transportation Services once the Driver acting on its behalf has accepted to transport the User from its pick-up point to its destination point, subject to relevant unforeseen circumstances (e.g. a mechanical breakdown).
2. AGREEMENT BETWEEN TVDE OPERATOR AND BOLT AND CREATION OF BOLT ACCOUNTS
2.1. Before downloading and using the Software, You must create a TVDE Operator Account, and by doing so, You agree to be bound by this Agreement. As part of the registration process, You must provide certain registration information. Bolt reserves the right to review such registration information and will determine, in its sole discretion, whether or not to accept the TVDE Operator's account request.
2.2. Upon acceptance of the TVDE Operator's account request, Bolt will provide You with a personal account accessible through a username and password chosen by You that must be used to access the Software.
2.3. The username and password are unique to the TVDE Operator and are not transferable without the express written permission of Bolt. The username and password are the methods used by Bolt to identify users of the Software and are therefore very important. You are responsible for all information posted and used in the Software, by anyone using Your username and password. You must notify any breach of security of a username and password immediately to Bolt.
2.4. By clicking the "Register" button located at the bottom of the account request, You represent and warrant that:
2.4.1 under the law, You are eligible to enter into a contract with Bolt to use the Bolt Services;
2.4.2 You have carefully reviewed, fully understand and agree to be bound by this Agreement, including all obligations arising for You under the terms hereof;
2.4.3 all information provided to Bolt by You is, and will continue to be, accurate, correct and complete;
2.4.4 You will not allow other persons to use Your account or transfer or assign it to other persons, without Bolt's express written permission;
2.4.5 You will not use the Software for illegal or unauthorized purposes that may impair the proper functioning of the Software;
2.4.6 You will not copy or distribute the Software, or other content from Bolt without Bolt's prior written permission;
2.4.7 You are in full agreement with Bolt's Privacy Policy available at this website: https://bolt.eu/pt-pt/legal/; and
2.4.8 You comply and will comply throughout the duration of the Agreement with the legislation and regulations in force regarding the access and exercise of the activity of TVDE operator in Portugal, namely, the rules provided in Law no. 45/2018, of 10 August.
2.5. Upon submission of Your account request, You will receive an email with supplemental conditions that must be met to use the Software and which form an integral part of this Agreement.
2.6. Through the TVDE Operator Account, You shall register the Drivers acting on Your behalf and their vehicles, and upload the necessary information and documents in this regard. Bolt reserves the right to review such registration information and may refuse the registration of a driver who is not suitably qualified or whose conduct has previously caused (or would have caused) Bolt to restrict access to the Bolt Platform in association with a TVDE Operator Account for a serious or material breach of these Term and Conditions. If the registration is accepted, Bolt will provide You with a personal Driver Account for each of the Drivers acting on Your behalf. Drivers acting on Your behalf will access the Bolt Platform in association with your TVDE Operator Account. Log-in details for Drivers are personal to the individual. For safety and compliance reasons, You must not allow any person to use a personal Driver Account that does not belong to them. Bolt does not prohibit the TVDE Operator from allowing any individual Driver acting on its behalf to have the Transportation Services contractually performed by a sub-contractor of that Driver, provided that all legal requirements are met and that such sub-contractor is registered on the Bolt Platform as a Driver of the TVDE Operator. In these circumstances, the TVDE Operator remains responsible for ensuring that all laws and regulations in relation to the Transportation Services are complied with.
2.7. You are responsible to Bolt for any breach of these Terms and Conditions caused by the actions and inactions of the Drivers acting on Your behalf.
2.8. The TVDE Operator warrants, represents and agrees that it will keep its TVDE Operator Account profile and the associated Driver Account profiles constantly updated.
2.9. If any of the information You or Drivers acting on your behalf provide to Bolt is deemed to be illegal content under applicable laws or otherwise contravenes these General Terms, Bolt reserves the right to:
2.9.1 remove, disable access or demote such content;
2.9.2 suspend, terminate or restrict any monetary payment due from Bolt to You;
2.9.3 suspend or terminate the Bolt Services in whole or in part, and/or
2.9.4 suspend or close, in full or partially, Your TVDE Operator Account.
2.10. All content uploaded to the Bolt Platform by You or any person authorised to act on Your behalf is subject to Your sole responsibility and Bolt is under no obligation to actively monitor or review such content. Nevertheless, Bolt is entitled to remove any allegedly illegal content at its own discretion and after the receipt of a notice and/or order regarding the existence of such content on the Bolt Platform. Should You disagree with Bolt's decision on removal of the content, You are solely responsible for providing additional information why the content is not illegal or incompatible with these General Terms within Bolt’s internal complaint-handling procedure.
3. GRANTING OF LICENCE
3.1. Subject to Your compliance with this Agreement, Bolt hereby grants You a non-transferable, non-sublicensable, non-exclusive, revocable licence to access and use the Bolt Services in accordance with the terms of this Agreement, as well as Bolt's policy regarding the privacy of the personal data provided, and for the sole duration of the Agreement with Bolt. Notwithstanding the above, You may grant to Drivers providing Transportation Services on Your behalf a sub-licence to use the Bolt Services and the Driver Account for the sole purpose of providing Transportation Services. No other rights are granted, except with the prior written consent of Bolt.
3.2. All intellectual property rights affecting the Software, its contents and any related documentation existing anywhere in the world belong to Bolt or its licensors and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any form without Bolt's prior written permission.
3.3. All intellectual property rights and copyrights affecting the Software, including the software code and database are licensed - not sold - to TVDE Operators and are owned by Bolt (or its licensors) and protected by copyright laws and/or trade secret laws and international treaties. TVDE Operators do not acquire any ownership rights in the Software, its content or any related documentation. Bolt retains all rights related to the Software, its content and any related documentation, except as expressly provided in this Agreement.
4. TRANSPORTATION SERVICES
4.1. You agree that when a Driver acting on Your behalf accepts a request for Transportation Services made by a User, it is entering into a contract with that User to provide the Transportation Services, with respect to which Bolt is unrelated, without prejudice to the joint and several liability for the punctual performance of such contract arising from legal provision.
4.2. In the context of providing Transportation Services, international travel (i.e. travel to other countries) is not permitted. However, if they are undertaken in breach of this Agreement, Bolt shall not be liable for any fraud or attempted fraud and shall therefore not be responsible for any payments that are not successfully processed. If You agree to undertake an international trip, such trip shall be deemed to be undertaken outside the scope of the Bolt Services and this Agreement shall not apply to such trip.
4.3. To help facilitate the terms of the Transportation Services Agreement conveniently, the terms of each Transportation Services Agreement are set forth in the APPENDIX to this Agreement, and You are responsible for reading and understanding said Transportation Services Agreement. Under the Transportation Services Agreement, the TVDE Operator, in addition to other obligations, undertakes:
4.3.1. to ensure that each Driver acting on its behalf provides the Transportation Services through the Bolt App in compliance with the applicable laws and regulations in force in Portugal, including, but not limited to, holding all the necessary licences to provide Transportation Services in Portugal. TVDE Operator acknowledges that it is fully responsible for any violation of any laws and regulations that may arise from the provision of the Transportation Services;
4.3.2. (when a request for Transportation Services has been accepted on Your behalf) to ensure that the Transportation Services are fulfilled in a professional manner, in accordance with the best practices in the transportation sector;
4.3.3. to always have valid automobile insurance, civil liability and personal accident insurance that includes the passengers transported and respective losses in an amount not less than the minimum legally required for the activity of rental transport in light passenger vehicles and any other insurance that is required in the applicable jurisdiction for the provision of passenger transportation services;
4.3.4. to ensure that the vehicles assigned to the Transportation Services provided by it comply with all legal requirements and standards relating to their circulation, parking, and use for the purpose of transporting passengers on TVDE;
4.3.5. to ensure that the Drivers acting on its behalf comply with all legal and regulatory requirements regarding the provision of Transportation Services; and
4.3.6. to comply with all requirements relating to access and exercise of the activity of transport on TVDE, including those relating to licensing to exercise the activity, provided for in Law no. 45/2018, of 10 August.
4.4. The Transportation Services Agreement provides relevant provisions regarding the TVDE Operator's relationship with the User, including matters related to additional costs, cancellation fees, insurance and other matters. Upon acceptance of a request for Transportation Services from a User by a Driver acting on Your behalf, You acknowledge and agree that the provision to the User of the Transportation Services is made pursuant to the Transportation Services Agreement. Bolt is not a signatory party to the Transportation Services Agreement, without prejudice to being jointly and severally liable for the fulfilment of the obligations arising from that contract, under the terms imposed by Law no. 45/2018, of 10 August.
4.5. Although Bolt is not a party to the Transportation Services Agreement, the TVDE Operator also warrants, represents and agrees for Bolt's benefit that it undertakes to fully comply with clauses 4.3.1 to 4.3.6 inclusive.
4.6. Requests for trips made by Users through the Bolt Platform must be accepted and executed in accordance with all applicable laws under the sole responsibility of the TVDE Operator and, if applicable, the Driver acting on its behalf.
4.7. The TVDE Operator is responsible for ensuring that the Drivers acting on its behalf verify, before providing Transportation Services, that the service is actually being provided to the right Passenger or that the Passenger has expressly confirmed that it allows other passengers to travel at the Passenger's expense. If an error is made in identifying the User, and the Bolt Payment is charged to a person to whom the Transportation Service has not been provided, or for whom the Transportation Service has not been approved, Bolt will refund the Trip Price to the User and the TVDE Operator shall not be entitled to receive the Trip Price.
4.8. You must not engage with or allow any fraudulent behaviour on the Bolt Platform in association with Your account. Any fraudulent behaviour in association with Your account caused or allowed by a Driver acting on Your behalf will be considered a material breach of this Agreement by You.
4.9. The TVDE Operator agrees that a Transportation Service may be fulfilled by any reasonable route and in compliance with any applicable traffic rules and regulations. Bolt does not set any route restrictions.
4.10. To ensure the safety on Bolt Platform, neither You nor the Drivers acting on Your behalf are allowed to carry Prohibited Items while using the Bolt App and Bolt Services, unless otherwise stated in the applicable laws. You and/or the Drivers acting on Your behalf may refuse the provision of the Transportation Services to the unauthorized possessor of the Prohibited Items. Bolt may at any time discontinue the provision of Bolt Services to You - in full or partially - in case of lack of compliance with this section of these Terms and applicable laws, and report an unauthorized use of the Prohibited Items to the authorities. The Prohibited Items include, among other things:
4.10.1. firearms and their parts, ammunition, melee weapons, other items specially designed for attack and defense;
4.10.2. flammable, combustible, explosive and radioactive or other ionizing substances, munitions, gas, infectious, poisonous or corrosive materials which by their nature may pose danger to the environment;
4.10.3. drugs and other psychotropic substances which are subject to special control in accordance with the legislation;
4.10.4. any other items that are not allowed to be carried or transported by law and items that cannot be carried or transported without additional licenses, permits and approvals.
5. TRIP PRICE
5.1. You are entitled to charge a Trip Price to the User for each Transportation Service performed at the User’s request and mediated through the Bolt App.
5.2. For the provision of the Transportation Services, TVDE Operator and Bolt agree that the Trip Price will be calculated based on variable factors, including (but not limited to) the trip distance as determined by the GPS system, the trip duration, local market fluctuation, as well as any applicable fees. The parties acknowledge that it is possible that the Trip Price may be lower or higher than the estimate initially presented to the User on the Bolt App.
5.3. As an alternative to the Trip Price calculated in accordance with clause 5.2, the Bolt App may also propose a fixed predetermined price which, in case of acceptance by the User, corresponds to the Trip Price to be charged at the end of the Transportation Service regardless of the trip distance or the trip duration. The proposed fixed predetermined price shall be communicated to the User and to the TVDE Operator (eventually through the Driver acting on its behalf) via the Bolt App prior to the Transportation Service being provided. However, the fixed predetermined price will be replaced by a price calculated in accordance with clause 5.2 above if the User changes the destination during the trip, if the trip is longer than initially estimated (due to traffic or other external factors), or when other unexpected circumstances not attributable to Bolt change the characteristics of the trip (for example, the road contains tolls).
5.4. Demand is a determining factor in the calculation of the Trip Price. The price described above can be multiplied by 0.1 to 2 according to the Software algorithm that determines the demand at the time of travel.
5.5. The Trip Price (calculated as described above) may change if the Passenger changes destinations during the trip, if the trip is longer than initially estimated (due to traffic or other external factors), or when other unexpected circumstances not attributable to Bolt change the characteristics of the trip (for example, the road contains tolls). The Trip Price may also be recalculated if the User requests a change in the route initially indicated.
5.6. Bolt undertakes to provide the User in a clear, perceptible and objective manner, before the start of each trip and during the trip, with an estimate and formula for calculating the Trip Price, in accordance with the terms of Law no. 45/2018, of 10 August. 6. PAYMENT OF THE TRIP PRICE
6.1. In accordance with the terms of Law no. 45/2018, of 10 August, the User may only pay the Trip Price for the Transportation Service via In-App Payment. If during payment no technical or other error is displayed, the TVDE Operator cannot claim a separate amount for the Trip Price from the User.
6.2. You hereby authorise Bolt as your commercial agent to receive the Trip Price or other fees paid by the Passengers via In-app Payment and to forward relevant funds to You. You hereby authorise Bolt as your commercial agent to pay car parking fees in the airport areas to ANA - Aeroportos de Portugal, S.A. and to receive the corresponding amount from Passengers via In-App Payment.
The parties acknowledge that the amounts relating to these parking fees paid by Bolt in the name of and on behalf of the TVDE Operator are independent and do not form part of the Intermediation Fee. Any payment obligation made by the Passenger via the In-app Payment shall be considered fulfilled as of the time that the payment has been made.
6.3. Bolt is relieved of the obligation of any payments to the TVDE 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.
6.4. If the TVDE Operator or the Driver acting on its behalf detects that there has been an error in the Trip Price calculation and wishes to make corrections, a request must be submitted in the "fare review" section of the Bolt App within 24 hours. In the event that no request to revise the Trip Price has been submitted, Bolt shall have no obligation to recalculate the Trip Price and make any reimbursement and the Trip Price shall be deemed to have been accepted by the TVDE Operator and the Driver acting on its behalf.
6.5. Bolt reserves the right to adjust the Trip Price in cases where an irregularity or violation is detected (such as not indicating the journey as completed on the Bolt App after the Transportation 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 TVDE Operator’s obligations under this Agreement or a breach of legal and regulatory provisions applicable to the provision of the Transportation Services. Bolt will only exercise this right in a reasonable and justified manner.
6.6. Bolt will not be held responsible for any attempts of fraud committed by Users in the context of trips made, whose distance is over 100 km, or whose final price for the User is over € 60.00 (sixty euros). Thus, Bolt declares that, for this type of trip, it is not responsible if the payment charge on the User's card cannot be made.
7. CANCELLATION AND DAMAGE FEES
7.1. The Passenger may cancel a request for Transportation services that a Driver acting on Your behalf has already accepted via the Bolt App. In the event that a Passenger cancels a request for Transportation Services already accepted after a certain period of time determined by the Bolt App, the TVDE Operator is entitled to a cancellation fee.
7.2. In case a Passenger does not show up at the requested pickup location after a certain time (as specified in the Bolt App), the Driver acting on Your behalf may also cancel a request, in which case the Passenger would have to pay a cancellation fee equivalent to the minimum fare of the relevant ride category.
7.3. If, during a Transportation Service, a Passenger or his co-passengers negligently damages the vehicle or any part thereof (including by staining the seats or causing a bad smell inappropriately in the vehicle), the TVDE Operator or a Driver acting on its behalf shall be entitled to require the Passenger to pay compensation for the amount of damage caused by the Passenger or his co-passengers, cleaning fee and/or penalty. The TVDE Operator must inform Bolt of the damages and Bolt will assist the TVDE Operator to recover from the Passenger the relevant cleaning fee, penalty and/or costs on behalf of the TVDE Operator, if applicable. In any event Bolt accepts no liability for direct or indirect damage relating to the cleaning or maintenance of the vehicle caused by a Passenger.
8. BOLT INTERMEDIATION FEE
8.1. In return for using the Bolt Services, You agree to pay Bolt an Intermediation Fee based on each transaction in which You provide Transportation Services as a result of using the BoltServices.
8.2. The Intermediation Fee is calculated as a percentage of the Trip Price of each Transportation Service that has been provided to a Passenger. The percentage used to calculate the Intermediation Fee is communicated to the TVDE Operator by email, via the Bolt App and/or the Bolt Account. .
8.3. You acknowledge that the Intermediation Fee may change from time to time, but may not exceed 25% of the Trip Price (“Highest Rate of Intermediation Fees”), as defined in Article 15, paragraph 3, of Law No. 45/2018, of 10 August. Bolt undertakes to send You prior written notice of any changes. Your continued use of the Software after any change to the Intermediation Fee constitutes Your consent to such changes.
8.4. The Intermediation Fee may be deducted from the Trip Price paid by the Passenger for each Transportation Service and collected by Bolt. Thus, for each Transportation Service performed, Bolt will pay You the Trip Price paid by the Passenger minus the Intermediation Fee (as detailed in clause 9.1 below).
8.5. Bolt is not entitled to any Intermediation Fees in respect of passenger transportation services provided by the TVDE Operator independently or through another transportation software provider.
8.6. Please note that the Intermediation Fees chargeable may change from time to time, considering the principles of dynamic commission pricing that take into account (i) the balance of the supply and demand for the Transportation Service, (ii) characteristics of the ride ordered; and (iii) conditions of any applicable campaigns. The Intermediation Fees shall not go above the Highest Rate of Intermediation Fees. You undertake to pay Bolt the Intermediation Fees, as well as other fees due to Bolt, for the month in question no later than the 5th day of the following month.
8.7. In the event of delay or default in payment by the TVDE Operator under this Agreement, Bolt reserves the right (but shall not be obliged) to charge interest on the overdue amount from the due date to (but excluding) the date of actual payment at the rate of 10.5 % per annum. Such interest shall accrue daily, calculated quarterly and payable on demand.
9. PAYMENT METHODS
9.1. Bolt undertakes to transfer the sums received through In-App Payments that have been credited to Bolt's bank account to Your bank account no later than the 4th day of the following week. You agree that the Intermediation Fee will be deducted from the Trip Price. If you request a revision of a Trip Price in accordance with the terms of clause 6.4, Bolt shall only transfer the relevant sums after it has processed Your request for revision and, if applicable, carried out the revision. If You have agreed separately, other amounts may be deducted from the Trip Price or added to the Trip Price (e.g. a bonus) before payment is made to You.
9.2. If You dispute the amount of a Trip Price, Bolt reserves the right to withhold the disputed amounts until the dispute is resolved.
9.3. If the amount of the outstanding Intermediation Fee exceeds the amounts received through In-App Payments for a given week, You undertake to pay the outstanding amount to Bolt within 7 days of receipt of the request and agree that such amounts will be deducted from any future payments from Bolt to itself.
10. BILLING MANDATE
10.1. By these terms and conditions, Bolt is expressly authorised to arrange for the issuance of the invoices to the Passengers for the Transportation Services in the name and on behalf of the TVDE Operators, upon completion of each Transportation Service and within a reasonable period of time.
10.2. In order for Bolt to arrange for the issuance of invoices correctly, You shall ensure that Bolt has up-to-date required information, such as Your VAT status, NIF, name and address. In the event of any change about those details, You undertake to communicate these to Bolt within 48 hours. In the absence of such communication, the changes may not be taken into account for the establishment of the invoices.
10.3. Invoices for each trip will be made available to You and will also be sent to the User, in order to record the contract between You and the User regarding the Transportation Service. You have a period of 72 hours from the time the invoice is made available to make any comments on the information mentioned or to contest its content.
10.4. The issuance of invoices issued under this billing mandate in no way releases You from Your invoicing obligations and their VAT consequences or any legal, tax and regulatory obligations in force in Portugal. You remain solely legally liable for the VAT invoiced under the Transportation Services provided.
10.5. Any invoices from the TVDE Operator to Bolt should be issued to Bolt Operations OÜ.
11. PAYMENT REPORTS
You are entitled to review the In-App Payments reports in Your TVDE Operator Account. The reports will show the amounts of In-App Payments collected the previous week in respect of the TVDE Operator's Transportation Services, as well as the amounts of the Intermediation Fee retained by Bolt. The reports will be made available to You on a weekly basis.
12. USER EVALUATIONS
12.1. As part of the Bolt Platform, Passengers may provide feedback in the form of ratings about the journeys and the Drivers acting on Your behalf who completed the Transportation Services. These ratings may be made available to You and prospective Passengers as part of the Bolt App. You should contact Bolt if you have any issues with such User ratings.
12.2. To help the TVDE Operator maintain good User ratings, Bolt is committed to providing assistance with the Bolt Services, as well as providing guidance on steps the TVDE Operator may want to consider to maintain good User feedback. Thus, it is up to the TVDE Operator to determine how it provides the Transportation Services.
12.3. The possibility of rating Users is expressly forbidden.
13. MONITORING
Some metrics may be monitored by Bolt in order to ensure that You are complying with Your obligations under this Agreement and to preserve the integrity and maintain the operation of the Bolt Platform. Bolt makes all relevant information available to You (including on Your TVDE Operator Account) to enable You to evaluate the performance of your fleet of vehicles. You and/or Drivers acting on Your behalf may be notified, for information purposes, of some metrics associated with Your account and their evolution.
14. LITIGATION BETWEEN TVDE OPERATOR AND USER
Since Bolt is not a party to the Transportation Services Agreement concluded between the User and the TVDE Operator, any disputes between the User and the TVDE Operator must be settled directly between these same parties.
15. MARKET INFORMATION AND MARKETING CAMPAIGNS
15.1. Bolt may send You, via the Bolt App, Your TVDE Operator Account SMS, e-mail or any other authorised means, market information in order to allow You to assess when passenger demand is highest. Such market overviews do not constitute any obligations for you. As the market overview estimations are based on previous statistics, Bolt cannot give any guarantees that the actual market situation will correspond to the estimates provided in the market overview made available to the TVDE Operator.
15.2. Bolt may run offers or promotional campaigns from time to time. Further details of any promotional campaigns, and how TVDE Operators and/or Drivers acting on Your behalf will be eligible to participate in these, will be made available to You through the Bolt App or communicated otherwise.
15.3. Bolt may also develop campaigns for Passengers in order to market the Bolt App. If the Trip Price is reduced as a result of such a campaign, Bolt agrees to pay the TVDE Operator a compensation equivalent to the monetary value of the benefit provided to the Passenger. Bolt reserves the right to charge the amount of the marketing compensation to the Intermediation Fee owed by the TVDE Operator to Bolt.
16. RESPONSIBILITY
16.1. The Bolt Services, the Software, the Bolt App and Bolt Accounts, their content and functionality, are provided on an "as is" and "as available" basis, and to the fullest extent permitted by law, Bolt disclaims all warranties, express or implied, regarding the Bolt Services, the Software, the Bolt App and Bolt Accounts, their content and functionality. Bolt and its partners do not represent, warrant or guarantee that access to the Bolt App and Bolt Accounts will be uninterrupted or error-free. Because the use of the Bolt App to request Transportation Services depends on User behaviour, Bolt does not guarantee that the TVDE Operator's use of the Bolt App will result in requests for Transportation Services. Bolt is not responsible for the proper functioning of the Software or the Bolt App nor for any loss or damage suffered by the TVDE Operator or the Drivers acting on its behalf arising therefrom. TVDE Operator acknowledges and agrees that the Software and the Bolt App may be used by TVDE Operator or the Drivers acting on its behalf to schedule Transportation Services, but that Bolt has no liability to TVDE Operator or the Drivers acting on its behalf with respect to any Transportation Services except as expressly set forth in this Agreement.
16.2. To the extent permitted by applicable law, Bolt assumes no liability for any loss or damage that You may incur in connection with the Agreement or as a result of the use of the Bolt App and/or Bolt Accounts and/or Bolt Services, which include, but are not limited to:
16.2.1. any direct or indirect material damage or monetary loss;
16.2.2. loss of anticipated profits or benefits;
16.2.3. loss of business, contracts, contacts, prestige, reputation, and any loss that may arise due to business interruption;
16.2.4. loss or inaccuracy of data; and
16.2.5. any other indirect or consequential loss or damage.
16.3. Bolt will endeavour to remove unwanted Users from the Bolt App. However, Bolt assumes no responsibility for the actions or inactions of Users or their companions using the Bolt App and shall not be liable for any loss or damage suffered by the TVDE Operator as a result of the actions or inactions of Users or their companions.
16.4. Notwithstanding any liability owed to a third party imposed by law, You will indemnify Bolt in respect of any losses incurred by Bolt in relation to (i) any violation of any applicable laws or regulations in connection with the provision of the Transportation Services, including if such violation arises from a Driver acting on Your behalf, or (ii) any breach of Your obligations under the Transportation Services Agreement.
16.5. You assume responsibility and liability for the performance of this Agreement and for the provision of the Transportation Services. You agree to indemnify Bolt, its affiliates, officers and employees against any claims, liabilities, losses, damages, claims for profit, penalties, fines, costs and expenses of any nature whatsoever, relating to or arising out of or in connection with the use of the Software, the Bolt App and/or the Bolt Accounts and/or the Bolt Services and the provision of the Passenger Transportation Services, including (a) for breach of the Agreement, even if by right of recourse, or the documents incorporated by reference; (b) for the violation of any law or third party rights , including, but not limited to, Users, other drivers and pedestrians, as a result of Your behaviour or that of a Driver acting on Your behalf’s interaction with such third parties; (c) for any allegation that any material that You send to Bolt or transmits through the Software infringes or violates the rights, including intellectual property rights, of third parties; (d) for infringement of Your proprietary rights, and for any damages resulting from the use of a TVDE vehicle used in the provision of Transportation Services; and/or (e) other activities related to the provision of Transportation Services.
16.6. You undertake to comply with all tax obligations relating to the performance of Your obligations under this Agreement and/or the provision of Transportation Services through the Software. You assume full responsibility and agree to indemnify Bolt and/or its affiliates for all tax expenses, duties, taxes, claims and penalties it incurs arising from Your failure to comply with Your obligations, including, but not limited to, failure to pay income tax, social security contributions, national insurance or any payroll tax) and any other liability, deduction, contribution, assessment or claim arising out of or made in connection with the performance of the Transportation Services and/or the use of the Software by the TVDE Operator. You further agree to indemnify Bolt for all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Bolt in connection with or as a result of such liability, deduction, contribution, assessment or claim.
16.7. You assume full responsibility and shall indemnify Bolt for and in relation to any liability arising out of any employment related claim or any claim based on employee status (including reasonable costs and expenses) brought by the TVDE Operator against Bolt arising out of or in connection with the provision of the Transportation Services and/or the TVDE Operator's use of the Software.
16.8. Bolt is entitled to share with the relevant tax authorities any information required by Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation, including but not limited to any consideration paid or credited to the TVDE Operator in connection with activities carried out through the Bolt Platform.
16.9. If You fail to provide the information required by the aforementioned directive, Bolt has the right to (i) cancel Your account, (ii) prevent You from re-registering on the Bolt Platform and (ii) withhold payment of the Trip Price, until You provide the requested information.
16.10. The TVDE Operator is solely responsible for complying and ensuring compliance of any Drivers providing Transportation Services on its behalf, with all relevant laws and regulations as well as with the Agreement for operating and using the chosen means of transport (e.g. licenses, insurances, etc), including all applicable consumer laws.
17. HANDLING OF PERSONAL DATA
17.1. Bolt and the TVDE Operator remain separate data controllers regarding any personal data processed under the Agreement. Bolt and the TVDE Operator shall thereby:
17.1.1. adhere to all the applicable data protection laws, e.g. the General Data Protection Regulation 2016/679 (GDPR), including application of proper technical and organisational data protection measures. Bolt processes personal data as described in Bolt’s Privacy Policies. All available at https://bolt.eu/pt-pt/legal/ as applicable in the relevant territory, and as may be amended from time to time;
17.1.2. inform each other immediately about any data processing incidents or breaches related to performing the Agreement; and
17.1.3. reasonably assist each other in responding to the requests of data subjects and authorised public authorities.
18. DURATION AND TERMINATION
18.1. The Agreement becomes effective from the moment the TVDE Operator creates a TVDE Operator Account.
18.2. The TVDE Operator may terminate the Agreement at any time by giving Bolt at least thirty (30) days written notice (for instance by e-mail at the following address: portugal@bolt.eu).
18.3. Bolt may terminate the Agreement with You, at any time and for any reason that it deems fit, by giving You at least thirty (30) days’ notice in a durable medium (such as the e-mail address provided when You opened Your TVDE Operator Account) and with a statement of the reasons for this decision.You will have the opportunity to clarify the facts and circumstances through our internal complaints process.
18.4. Pursuant to article 14 (2) of Law no. 45/2018, of 10 August, Bolt is under the legal obligation to block the access to the Bolt Services to the TVDE Operators, Drivers at their services or vehicles that are not compliant with the legal requirements provided in the mentioned law, in the event of such violations being known to Bolt. The TVDE Operator is responsible for the access to the Bolt Platform of Drivers who do not comply with the legal requirements. Bolt reserves the right to terminate the Agreement and suspend Your TVDE Operator Account and/or suspend any access in whole or in part in association with Your Bolt Account, without any prior notice, in the event of:
18.4.1 a material or repeated breach by the TVDE Operator of any of its obligations under the Agreement and/or of any applicable laws or regulations or
18.4.2 denigration aimed at Bolt or damage to the image, reputation or business of Bolt, as assessed by Bolt. If the TVDE Operator has violated the terms of the Agreement and/or any applicable laws or regulations, Bolt may, in its sole discretion, prohibit such TVDE Operator from registering a new account, or take other actions necessary to prevent such person from providing Passenger Transportation Services through the Software.
18.5. In view of Bolt being jointly and severally liable for the fulfilment of the obligations arising from the Transportation Services Agreement (under the terms imposed by Law no. 45/2018, of 10 August), the following breaches by the TVDE Operator shall for instance be considered imperative reasons for immediate termination: (i) unauthorised lending of a Bolt Account or other fraudulent behaviour, (ii) failure to hold the documents and qualifications required to provide the Transportation Services in accordance with Portuguese laws, (iii) cases of violence or criminal offence committed by the TVDE Operator or a Driver acting on its behalf against a Passenger during a Transportation Services or against Bolt's employee.
18.6. Bolt may also terminate the Agreement immediately, in the following cases:
18.6.1. Bolt is subject to a legal or regulatory obligation to terminate the provision of all of its intermediation services in a manner that does not allow it to comply with the thirty (30) day notice period; or
18.6.2. Bolt exercises a right of termination for a mandatory reason under national law in accordance with the law of the European Union.
18.7. Bolt also reserves the right to immediately suspend any access - in whole or in part - to the Bolt Platform and to Your TVDE Operator Account during the period of investigation, if Bolt suspects a breach of the Agreement by the TVDE Operator, damage to Bolt's brand reputation or business, safety reasons or fraudulent activity. Any such suspension will be of reasonable duration and will be removed once the investigation disproves such suspicions. Bolt shall make use of the right described above in good faith. The TVDE Operator will be informed of the reasons for this decision in a durable medium and will be given the opportunity to clarify the facts and circumstances of the suspected breach.
18.8. Upon termination of this Agreement for any reason, all rights granted to TVDE Operator under this Agreement shall immediately cease, and TVDE Operator shall cease all activities authorised by this Agreement. Sections [4.2, 4.3, 10, 11, 12, 15 and 17] of these General Conditions shall survive termination of the Agreement.
18.9. As Bolt is the provider of the Bolt Platform and is subject to the EU Platform to Business Regulations (2019/1150) as well as to the Digital Service Act (2022/2065), You are entitled by law to object to any termination of this Agreement, or any suspension of your access to the Bolt Platform Services. Bolt facilitates this right by providing an internal complaints handling system available on https://bolt.eu/en/legal/. You can find further information on Bolt’s internal complaints handling system, including how you can make a complaint, here: the Internal Complaint-Handling System Rules.
18.10. Bolt is entitled to suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the Internal Complaint-Handling System by the Passengers, TVDE Operators and by Drivers acting on behalf of TVDE Operators, that frequently submit notices or complaints which are manifestly unfounded. While assessing the circumstances for the suspension, Bolt considers the following:
18.10.1. the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted within a month; and
18.10.2. the relative proportion of notices and complaints in relation to the total number of items of information provided or notices submitted within a month; and
18.10.3. the gravity of the misuse of the notice action mechanisms; and
18.10.4. (if applicable) the intention of the complainant for submitting manifestly unfounded complaints.
18.11. In the interest of maintaining a consistent and secure user experience on the Bolt Platform, if the TVDE Operator or any person authorised to act on its behalf is suspended or terminated from the Bolt App for Transportation Services, Bolt reserves the right to suspend or terminate the TVDE Operator or any person authorised to act on its behalf also from the Bolt App for delivery services.
19. CHANGES
19.1. Bolt reserves the right to make changes to any of the documents that form part of the Agreement. Any changes to the Agreement will become effective after they are made available to the TVDE Operator and the TVDE Operator continues to use the Software, unless otherwise stated. The updated version will also be posted on https://bolt.eu/pt-pt/legal/.
19.2. Bolt undertakes to notify the TVDE Operator at least fifteen (15) days in advance of changes made to these Terms and Conditions, unless:
19.2.1. Bolt is subject to a legal or regulatory obligation that requires it to change the Terms and Conditions in a manner that prevents it from complying with the notice period;
19.2.2. The purpose of the change is to address an unforeseen and imminent danger related to the defence of the Bolt Services, Bolt App, Bolt users or providers against fraud, malicious software (malware), unsolicited commercial communications (spam), data breaches or other cybersecurity risks;
19.2.3. The TVDE Operator has consented to waive the notice; or
19.2.4. In the reasonable opinion of Bolt, amendments are beneficial for the TVDE Operators and do not require technical adjustments from them.
20. APPLICABLE LAW AND JURISDICTION
20.1. This Agreement shall be governed by and construed in accordance with the laws of Portugal.
20.2. Any dispute that may arise in connection with this Agreement, whether concerning its existence, validity, interpretation, performance, breach, termination or otherwise, shall be settled through negotiations. If any dispute arising out of this Agreement is not capable of being settled by negotiation, the dispute will then be resolved in the Portuguese courts.
21. CONTACT DETAILS
21.1. The TVDE Operator undertakes to notify Bolt immediately of any changes to the TVDE Operator's contact information and the TVDE Operator undertakes to keep the contact information accurate and up-to-date.
21.2. Bolt's contact information is available on their website.
22. FINAL PROVISIONS
22.1. The TVDE Operator agrees that in certain cities or countries Bolt may assign any of its obligations under the Agreement, to an entity under Bolt's direct or indirect control.
22.2. If any provision of the Agreement is found to be unenforceable, the parties will replace the affected provision with an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay of either party to comply with any provision of the Agreement shall not be deemed a waiver of such provision.
22.3. The TVDE Operator may not assign the Agreement or any of its rights or obligations thereunder, unless otherwise provided in the Agreement.
22.4. Any notice required to be given under this Agreement shall be deemed sufficiently given if: (i) delivered personally, (ii) sent by courier service with proof of delivery, (iii) sent by registered mail, (iv) sent by email with return receipt, or (v) sent through the TVDE Operator Account. Any notice required to be given under this Agreement shall be deemed to have been received: (i) if delivered personally, upon delivery to the other party; (ii) if delivered by courier, on the date indicated by the courier as being the date on which the envelope was delivered to the addressee; (iii) if sent by registered mail, on the 10th day after delivery of the document to the addressee; (iv) if made available through Bolt Accounts or (v) if sent by email, on the day the other party receives the email confirming that it has received the relevant email or on the 2nd day after the email is sent, provided that the sender has not received an error notice (which notifies that the email has not been delivered to the other party) and has sent the email again on the following day and has not received a similar error notice.
ANNEX
Transportation Services Agreement
These terms and conditions constitute a legally binding contract (the "Transportation Services Agreement") between persons ("Passenger" or "User"), who request transportation in TVDE vehicles ("Transportation Services") and the providers of the Transportation Services ("TVDE Operators") through the Bolt App.
The Bolt Platform allows Users to compare, select from and/or book vehicle transportation ("Bookings") directly from and with a variety of participating TVDE Operators. Bolt does not accept Bookings nor does it act as an agent for or on behalf of TVDE Operators. Bolt provides a platform to facilitate Bookings directly between Users and TVDE Operators.
All terms not defined in this Transportation Services Agreement have the meanings set forth in the General Terms and Conditions agreed upon between Bolt and the TVDE Operators to which this Transportation Services Agreement is attached.
USERS AND TVDE OPERATORS HEREBY ACKNOWLEDGE THAT BOLT DOES NOT PROVIDE TRANSPORTATION SERVICES OR ACT AS A TVDE OPERATOR; HOWEVER, BOLT IS JOINTLY AND SEVERALLY LIABLE FOR THE FULFILMENT OF OBLIGATIONS ARISING FROM THE TRANSPORTATION SERVICES AGREEMENT, WITHOUT PREJUDICE TO THE RIGHT OF RECOURSE AGAINST THE TVDE OPERATOR.
Transportation Services are provided by operators licensed by the Institute of Mobility and Transport (IMT, I.P.) in the mainland in accordance with Law 45/2018, of 10 August, by the Regional Directorate of Economy and Land Transport (DRETT) when operating in the Autonomous Region of Madeira in accordance with the Regional Legislative Decree 14/2020/M, of October 2 or by the Regional Subdirectorate for Land Transport (SRTT) when operating in the Azores in accordance with Regional Legislative Decree no. 10/2022/A, of May 24.
Where Transportation Services are provided by a TVDE Operator, the User enters into a contract with the TVDE Operator pursuant to this Transportation Services Agreement.
The TVDE Operator obligates itself:
- to ensure that the Driver at its service transports the User from its pick-up point to its destination point, subject to relevant unforeseen circumstances (e.g. a mechanical breakdown). It is the TVDE Operator who determines when it is providing Transportation Services, so it may accept, decline or ignore Transportation Services, without prejudice to the rules regarding the refusal of service, provided for in Law no. 45/2018, of 10 August;
- to ensure that each Driver at its service provides the Transportation 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 TVDE driver. The TVDE 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 Transportation Services;
- to ensure that the Drivers at its service are enrolled in the Bolt App in order to provide the Transportation Services through the Bolt App;
- to ensure that each Driver at its service provides the Transportation Services in a professional manner, in accordance with best practices in the transportation sector;
- to always have, and ensure that the drivers on duty have, when applicable, the proper valid automobile insurance, third party liability insurance and personal accident insurance, which include the passengers transported and respective losses, in an amount not less than the minimum legally required for the activity of rental transport in passenger cars and any other insurance that is required in the applicable jurisdiction for the provision of passenger transportation services and specifically for transport in TVDE;
- to ensure that the vehicles assigned to the Transportation 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 the purpose of transporting passengers in TVDE;
- to ensure that the provision of the Transportation Services by the Drivers complies with the provisions agreed upon by the Agreement between Bolt and the TVDE Operator and all applicable law regarding the Trip Price, payment methods and invoicing;
- to comply with all the requirements related to the access and exercise of the activity of transport on TVDE, including those related to the licensing to exercise the activity, provided namely in Law no. 45/2018, of 10 August; and
- not to carry Prohibited Items nor allow the Drivers acting on Your behalf to carry Prohibited Items while using the Bolt App and Bolt Services, unless otherwise stated in the applicable laws. The TVDE Operator and/or the Drivers acting on its behalf may refuse the provision of the Transportation Services to the unauthorized possessor of the Prohibited Items. The Prohibited Items include, among other things: (i) firearms and their parts, ammunition, melee weapons, other items specially designed for attack and defense; (ii) flammable, combustible, explosive and radioactive or other ionizing substances, munitions, gas, infectious, poisonous or corrosive materials which by their nature may pose danger to the environment; (iii) drugs and other psychotropic substances which are subject to special control in accordance with the legislation; (iv) any other items that are not allowed to be carried or transported by law and items that cannot be carried or transported without additional licenses, permits and approvals.
The TVDE Operator and the User agree that any change or cancellation of a Booking must 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 failure of the User to attend and any refunds that may be due to the User.
The User agrees that:
- The Trip Price is charged for each Transportation Service performed at the request of the User and mediated through the Bolt App;
- For the provision of the Transportation Services, the Trip Price will be calculated based on variable factors, including (but not limited to) the trip distance as determined by the GPS system, the trip duration, local market fluctuation, as well as any applicable fees. You acknowledge that it is possible that the Trip Price may be lower or higher than the estimate initially displayed on the Bolt App. As an alternative, the Bolt App may also propose a fixed predetermined price, which the User may choose, as an alternative to the price calculated according to the trip distance and duration;
- Demand is a determining factor in the calculation of the Trip Price. The price described above can be multiplied by 0.1 to 2 according to the Software algorithm that determines the demand at the time of travel;
- This Trip Price (calculated as described above) may change if the Passenger changes destinations during the trip, if the trip is longer than initially estimated (due to traffic or other external factors), or when other unexpected circumstances not attributable to Bolt change the characteristics of the trip (for example, the road contains tolls);
- The Trip Price may also be recalculated if the User requests a change in the route initially indicated;
- In accordance with the terms of Law no. 45/2018, of 10 August, the User may only pay the Trip Price for the Transportation Service via In-App Payment. If during payment no technical or other error is displayed, the TVDE Operator cannot claim a separate amount for the Trip Price from the User;
- Bolt is relieved of the obligation of any payments to the TVDE 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;
- Bolt reserves the right to adjust the Trip Price in cases where an irregularity or violation is detected (such as not indicating the journey as completed on the Bolt App after the Transportation 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 TVDE Operator’s obligations under the Contract between Bolt and the TVDE Operator or a breach of legal and regulatory provisions applicable to the provision of the Transportation Services. Bolt will only exercise this right in a reasonable and justified manner; and
- Bolt will not be held responsible for any attempts of fraud committed by Users in the context of trips made, whose distance is over 100 km, or whose final price for the User is over € 60.00 (sixty euros). Thus, Bolt declares that, for this type of trip, it is not responsible if the payment charge on the User's card cannot be made.
The User and the TVDE Operator agree that any disputes between them shall be settled directly between them.
The Transportation Services Agreement shall be governed by and construed in accordance with the laws of Portugal.