General Terms for Drivers
Date of entry into force of the General Terms for Drivers: 11 September 2024
General Terms for Drivers
You can download an offline version of these General Terms for your records and future reference.
These General Terms set forth the main terms and conditions applying to and governing the usage of the Bolt Services. In order to provide Transportation Services via using the Bolt Platform you must agree to the terms and conditions that are set forth below.
1. DEFINITIONS
1.1. Agreement - this agreement between Transportation Service Provider and Bolt Mexico regarding the use of Bolt Services which consists of:
1.1.1. these General Terms;
1.1.2. the guidelines, if applicable; and
1.1.3. other terms referred to in this Agreement as may be amended from time to time.
1.2. Bolt Mexico (also referred to as “we”, “our” or “us”) – HEZA S de RL de CV incorporated and registered under the laws of the United Mexican States with the tax authorities with registration number HEZ080425SV6, registered office Alberto Terrones 520, Centro, Durango Durango, CP 34000, Durango, Mexico and duly registered before the Public Registry of Commerce of Durango, Durango under folio 14023*1.
1.3. Bolt App – a smartphone application for Transportation Service Providers, authorised persons acting on behalf of the Transportation Service Providers and Passengers to request and receive Transportation Services or any other services available via the Bolt App in your market.
1.4. Bolt Driver Account – access to a website containing information and documents regarding usage of the Bolt Services in course of the provision of Transportation Services, including accounting documentation. A Transportation Service Provider may access the Bolt Driver Account at https://partners.bolt.eu by entering username and password.
1.5. Bolt Fee – the fee that a Transportation Service Provider is obliged to pay to Bolt Mexico for using the Bolt Services.
1.6. Bolt Platform – the ecosystem based on the Bolt App, Bolt Driver Account, Fleet Owner Portal and other Bolt software, and web portals, including the software, apps and portals themselves and the various functionalities provided thereby which is a foundation for the digital marketplace for Bolt Services.
1.7. Bolt Services – services that Bolt Mexico provides, including provision of the Bolt Platform, In-app Payment, customer support, communication between the Transportation Service Provider or any authorised person acting on Transportation Service Provider’s behalf, and the Passenger as well as other similar services.
1.8. Driver – a person who uses the Bolt Platform on behalf of the Transportation Service Provider.
1.9. Fare – the fee a Passenger is obliged to pay the Transportation Service Provider for provision of the Transportation Services.
1.10. Fleet Owner Portal – a portal that provides a Transportation Service Provider with visibility on its activities.
1.11. In-app Payment – cards, carrier billing and other payment methods used by the Passenger via the Bolt App to pay for the Transportation Services.
1.12. Passenger – a person requesting Transportation Services by using the Bolt App.
1.13. Prohibited Items - items listed in clause 4.19 of these General Terms that the Passenger and the Transportation Service Provider as well as the Drivers acting on behalf of the Transportation Service Provider are not allowed to carry and exploit while using/providing the Transportation Services, unless otherwise stated by applicable law.
1.14. Tip — a gratuity offered by the Passenger at his sole discretion in addition to the Fare paid.
1.15. Transportation Services – transportation service a Transportation Service Provider provides to Passenger whose request Transportation Service Provider or a Driver acting on Transportation Service Provider’s behalf has accepted through the Bolt App.
1.16. Transportation Service Provider (also referred to as “you“, or “your”) – the person providing Transportation Services and, if applicable, other services governed by separate terms via the Bolt Platform.
2. ENTRY INTO THE AGREEMENT
2.1. Prior to using Bolt Services, you must sign up by providing the requested information in the signup application on Bolt website and uploading necessary documentation as required by us. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, we will provide you or a Driver providing Transportation Services on your behalf with a personal Bolt Driver Account accessible via a username and password. By clicking the “Sign up" button located at the end of the signup application, you represent and warrant that:
2.1.1. pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the Bolt Platform for providing the Transportation Services;
2.1.2. you have carefully studied, fully understand and agree, to be bound by the Agreement, including all obligations that arise from these General Terms;
2.1.3. all the information you or any Driver acting on your behalf have presented to us is accurate, correct and complete;
2.1.4. you and any Driver acting on your behalf will keep Bolt Driver Account and, if applicable, the Fleet Owner Portal account accurate and profile information updated at all times;
2.1.5. you or any Driver acting on your behalf will not authorise other persons to use Bolt Driver Account and, if applicable, the Fleet Owner Portal nor transfer or assign it to any other person;
2.1.6. you and any Driver acting on your behalf will not use the Bolt Services for unauthorised or unlawful purposes and impair the proper operation of the Bolt Services;
2.1.7. at all times, you and any Driver acting on your behalf fully comply with all laws and regulations applicable in a city/state/jurisdiction where you are providing Transportation Services, including, but not limited to, laws regulating passenger transportation services;
2.1.8. you and Drivers acting on your behalf are at least 18 years old.
2.2. You are obliged to provide your bank requisites in the course of filling in the payment details upon registration. In case you are a legal person, you must insert the bank account of the company that is providing Transportation Services to the Passengers. We are transferring In-app Payment fees to the bank account that you have provided. We are not liable for any incorrect money transactions in case you have provided the wrong bank requisites or if you have not updated Bolt Mexico on the changes in your bank account number.
2.3. After submitting the signup application, you will receive an email with additional conditions that must be met in order to use Bolt Services. These conditions may include providing criminal records, a valid driving license, a satisfactory technical state of the vehicle, owning a GPS-supporting mobile device and other conditions as described in the pertinent email. If applicable, the documents referred to above shall be provided by the Transportation Service Provider with respect to all Drivers that will render Transportation Services on behalf of the Transportation Service Provider. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and the right to use the Bolt Services.
2.4. You agree that in specific cities or countries, Bolt Mexico may assign any of our obligations arising from the Agreement to Bolt group companies and/or partners. This includes, among else, assigning the rights and obligations regarding reviewing documents related to signup applications, guidance, collection of Bolt Fees, forwarding you the fees due, mediating In-app Payment, licensing the Bolt App, etc.
2.5. A Transportation Service Provider bound by these General Terms may itself register accounts to its Drivers that shall provide Transportation Services via the Bolt Platform on behalf of the Transportation Service Provider which is bound by these General Terms. In such a case the Transportation Service Provider shall ensure that Drivers conform to the requirements of the Agreement and any further agreements concluded between the Transportation Service Provider and Bolt Mexico. Such Transportation Service Provider shall remain solely liable for any infringement conducted by the Driver acting on behalf of the Transportation Service Provider.
3. RIGHT TO USE BOLT APP, BOLT DRIVER ACCOUNT and FLEET OWNER PORTAL
3.1. Subject to your compliance with the Agreement, we hereby grant you and Drivers acting on your behalf a non-exclusive, revocable license to use the Bolt App, and, if applicable, the Bolt Driver Account and/or the Fleet Owner Portal solely in connection with your use of the Bolt Services. The license does not grant you or persons acting on your behalf including Drivers the right to sublicense or transfer any rights to third parties. Regardless of the above, Transportation Service Provider on whose behalf Transportation Services are provided may sub-license the Bolt App and the Bolt Driver Account to the respective Drivers.
3.2. In the course of using the Bolt App and/or, if applicable, the Bolt Driver Account and/or the Fleet Owner Portal you or Drivers acting on your behalf may not:
3.2.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Bolt App, the Bolt Driver Account, the Fleet Owner Portal, or any other software owned by or licensed to Bolt Mexico;
3.2.2. modify the Bolt App, the Bolt Driver Account or the Fleet Owner Portal in any manner or form or use modified versions of the Bolt App, Bolt Driver Account or the Fleet Owner Portal;
3.2.3. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on the Bolt Platform;
3.2.4. attempt to gain unauthorised access to the Bolt App, the Bolt Driver Account, the Fleet Owner Portal, or any other Bolt Services.
3.3. The license referred to under section 3.1 of these General Terms revokes automatically and simultaneously with the termination of the Agreement. After termination of the Agreement you and all Drivers acting on your behalf must immediately stop using the Bolt App, and, if applicable, the Bolt Driver Account and/or the Fleet Owner Portal.
3.4. Additionally, we may give you tags, labels, stickers or other signs that refer to the Bolt brand or otherwise indicate you are using the Bolt Platform. We grant you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating you or any Drivers on your behalf are providing Transportation Services via the Bolt Platform. After termination of the Agreement, you must immediately remove and discard any signs that refer to the Bolt brand.
3.5. All copyrights and trademarks, including source code, databases, logos and visual designs either owned by or licensed to Bolt Mexico are protected by copyright, trademark, and/or trade secret laws and international treaty provisions. By using the Bolt Platform or any other Bolt Services you or Drivers acting on your behalf do not acquire any rights of ownership to any intellectual property.
3.6. Rooting, jailbreaking or modifying the mobile device at a hardware or operating system level in any manner that is against the manufacturer’s instructions makes the device susceptible to mobile threats. You acknowledge that we are not liable for any losses in connection with the use of such a modified mobile device and that we have no obligation to support the use of such a device.
3.7. You may not, and may not allow any other party to launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of Bolt’s mobile applications and/or websites or data.
3.8. To ensure safety on the Bolt Platform, Bolt Mexico may ask Transportation Service Provider or any Driver acting on behalf of the Transportation Service Provider to verify the identity of the Transportation Service Provider or the identity of a Driver acting on behalf of the Transportation Service Provider. This is done to ensure that the person using the Bolt App is the same person whose information is provided upon registration. Such a person will not be able to provide Transportation Services until the Transportation Service Provider or Driver acting on behalf of the Transportation Service Provider passes the verification process. If the Transportation Service Provider or a Driver acting on behalf of the Transportation Service Provider fails to pass the verification process, the Bolt Driver Account of the respective person may be suspended or terminated, depending on the circumstances.
4. PROVIDING THE TRANSPORTATION SERVICES
4.1. You acknowledge that there is a contract separate from the Agreement formed between you and the Passenger, once the following conditions are fulfilled: when Passenger makes an order request, the Passenger is inviting you or Drivers acting on your behalf to make an offer to provide Transportation Services, which Bolt Mexico relays to you as the commercial agent of the Transportation Service Provider. When you or a Driver acting on your behalf has made the offer, the Passenger agrees that this will be accepted by yourself or by a Driver acting on your behalf, unless the Passenger cancels the order within the relevant time period. The contract between you and the Passenger is governed by the information displayed to you in the Bolt App and by the applicable laws.
4.2. You hereby guarantee to provide Transportation Services in accordance with the Agreement as well as laws and regulations applicable in the city/state/jurisdiction where you or Drivers acting on your behalf are providing Transportation Services. Please note that you are fully liable for any violation of any applicable laws and regulations as may arise from providing Transportation Services, including for any violation committed by Drivers acting on your behalf.
4.3. You and, if applicable, Drivers acting on your behalf, must have all licenses (including a valid driver’s license), permit, car insurance with ride hailing activity included, liability insurance, if applicable, registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is your obligation to know the applicable laws and requirements to perform ride hailing in your territory and maintain the validity of all aforementioned documentation, including for Drivers acting on your behalf. Bolt Mexico reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.
4.4. You and Drivers acting on your behalf must provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Passenger's request in the best interest of the Passenger. Among else, you and, if applicable, Drivers acting on your behalf:
4.4.1. must take the route least costly for the Passenger, unless the Passenger explicitly requests otherwise;
4.4.2. may not make any unauthorised stops;
4.4.3. may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger; and
4.4.4. must adhere to any applicable traffic acts and regulations, i.e. must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in hand while the vehicle is moving.
4.5. You and, if applicable, Drivers acting on your behalf, retain the sole right to determine when the Transportation Services are provided. You and, if applicable, Drivers acting on your behalf, shall accept, decline or ignore Transportation Services requests made by Passengers at your own choosing.
4.6. Transportation Service Providers and, if applicable, Drivers acting on their behalf, are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at their own expense, including a vehicle, and a smartphone. Transportation Service Provider and, if applicable, Drivers acting on their behalf, are also responsible for paying all costs incurred in the course of performing the Transportation Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of the vehicle, insurance, relevant corporate or payroll taxes, etc. Please bear in mind that using the Bolt App may bring about consummation of large amounts of data on your mobile data plan. Thus, we suggest subscribing to a data plan with unlimited or very high data usage capacity. You are solely responsible for informing Drivers acting on your behalf of the above requirements.
4.7. You are entitled to charge a Fare for each instance you have accepted a Passenger on the Bolt Platform and completed the Transportation Service as requested. The Fare is calculated based on a default base fare, the distance of the specific journey as determined by the GPS-based device and the duration of the specific journey. The default base fare may fluctuate based on the local market situation. Additionally, you shall always have the right to charge the Passenger less than the Fare indicated by the Bolt App. However, charging the Passenger less than the Bolt App indicates, does not decrease the Bolt Fee.
4.8. A Passenger may be offered to use a ride option that allows the Passenger to agree on a fixed Fare for a given instance of Transportation Service provided by you or by Drivers acting on your behalf (i.e. Upfront Fare). Upfront Fare is communicated via the Bolt App to a Passenger before the ride is requested, and to you or to a Driver acting on your behalf when the ride is accepted. The Fare calculated in accordance with clause 4.7 shall be applied instead of Upfront Fare if the Passenger changes the destination during the ride, the ride takes materially longer than estimated due to traffic or other factors, or when other unexpected circumstances impact the characteristics of the ride materially (e.g. a route is used where tolls apply).
4.9. In markets with In-app Payment, if you or a Driver acting on your behalf finds that there has been an error in the calculation of the Fare and wish to make corrections in the calculation of the Fare, you or a Driver acting on your behalf must submit a petition in the section “Fare Review“ of the Bolt App. If a petition in the section “Fare Review“ of the Bolt App has not been submitted, then Bolt Mexico shall not recalculate the Fare or reimburse you for an error made in the calculation of the Fare. This option is not applicable in markets with only cash payments.
4.10. Bolt Mexico may adjust the Fare for a particular order completed if we detect a violation (such as taking a longer route or not stopping the fare meter of the Bolt App after the Transportation Services have been completed) or in case a technical error affecting the final Fare is identified. Bolt Mexico may also reduce or cancel the Fare in case we have reasonable cause to suspect fraud or a complaint by the Passenger indicates a violation by you or a Driver acting on your behalf. Bolt Mexico will only exercise its right to reduce or cancel the Fare in a reasonable and justified manner.
4.11. Passengers may have the option to pay the Fare for the Transportation Services either directly to you or via the In-app Payment, in markets where this option is available, as described in section 6 of these General Terms. In case the Passenger pays the Fare directly, it is your obligation to collect the Fare. In case the Passenger fails or refuses to pay, Bolt Mexico will send a notice of the owed amount to the Passenger on behalf of you. Such authorisation derives from the mandate of Bolt Mexico acting as an agent authorised to collect payments on your behalf and does not entail that Bolt Mexico has an obligation to compensate the Fare not paid by the Passenger. If the passenger in the vehicle does not agree to pay the Fare for the provision of Transportation Service, the Fare will be paid by the Passenger who has ordered the provision of Transportation Service. If Passenger justifiably refuses to pay the Fare on the account that your information or the information of a Driver acting on your behalf stated in the Bolt App is incorrect, then Bolt Mexico will not reimburse you for such expenses.
4.12. In some markets, Passengers may be given the option to tip you after a successful provision of Transportation Services. The Passenger can Tip you only by means authorized by Bolt Mexico for Tipping. The Tip will not affect the amount of Bolt Fees and Bolt Mexico will not collect a Bolt Fee on the Tip paid by the Passenger. You are obliged to fully comply with any tax obligations arising from the Tipping. We may limit the maximum value of a Tip at our sole discretion.
4.13. Bolt Mexico has a right to issue an invoice or a receipt in order to compensate you for any Fares, contractual penalties or other fees that Bolt Mexico mediates to you. After each successful provision of Transportation Services, Bolt Mexico shall create and forward a receipt or, if applicable, invoice to the recipient. The receipt or, if applicable, invoice, of each provision of Transportation Services is available to you via the Bolt Driver Account or, if applicable, via the Fleet Owner Portal.
4.14. Passenger may cancel a request for Transportation Services that a Transportation Service Provider or a Driver acting on its behalf has accepted via the Bolt App. In some markets, a Transportation Service Provider may be entitled to the Fare for canceled Transportation Services (Cancellation Fee) in the event that a Passenger cancels accepted request for Transportation Services after a certain time period determined by the Bolt App. A Transportation Service Provider may be entitled to the Fare for a long wait time (Wait Time Fee) in the event that a Passenger shows up for a ride after a certain time period determined by the Bolt App.
4.15. If, in the course of the provision of the Transportation Services, a Passenger or its co-passengers negligently damage the vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), you shall have the right to request the Passenger to pay a penalty up to 1,100 MXN and request compensation for any damages exceeding the penalty. If the Passenger does not consent to paying the penalty and/or compensating the damage, you must notify us and we will then try to collect the penalty and/or relevant costs on your behalf from the Passenger. However, bear in mind that we are not taking any liability for direct or indirect damages and/or expenses in relation to cleaning or maintenance of the vehicle caused by the Passenger or any co-passengers.
4.16. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including (i) paying income tax, social security tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable authorities as required by the applicable law. In case the tax authority will submit a valid application to us to provide information regarding the activities of you or any Drivers acting on your behalf, we may make available to the tax authority the information regarding the activities of you and the Drivers acting on your behalf to the extent set forth in valid legal acts. Additionally, it is your obligation and, if applicable, the obligation of Drivers acting on your behalf to adhere to all applicable tax regulations that may apply in connection with the provision of Transportation Services. You hereby agree to compensate Bolt Mexico all state fees, claims, payments, fines or other tax obligations that Bolt Mexico will incur in connection with the obligations arising from applicable tax regulations not having been met by you or, if applicable, by Drivers acting on your behalf (including paying the income tax and social tax).
4.17. If any of the activities you or Drivers acting on your behalf pursue via the Bolt Platform or if any of the information you or Drivers acting on your behalf provide to Bolt Mexico is deemed to be illegal content under applicable laws or otherwise contravenes the Agreement (including these General Terms), Bolt Mexico reserves the right to:
4.17.1. remove, disable access or demote such content,
4.17.2. suspend, terminate or restrict any monetary payment due from Bolt Mexico to you,
4.17.3. suspend or terminate the Bolt Services in whole or in part, and
4.17.4. suspend or close your Bolt Driver Account or, if applicable, your Fleet Owner Portal.
4.18. All content uploaded to the Bolt Platform by you or any person authorised to act on your behalf is subject to the sole responsibility of the Transportation Service Provider, and Bolt Mexico is under no obligation to actively monitor or review such content. Nevertheless, Bolt Mexico is entitled to remove any allegedly illegal content after the receipt of a notice regarding the existence of such content on the Bolt Platform. Should the Transportation Service Provider disagree with Bolt Mexico's decision on removal of the content, the Transportation Service Provider is solely responsible for proving that the content is not illegal or incompatible with these General Terms within Bolt’s internal complaint-handling procedure.
4.19. To ensure the safety on the 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. The Transportation Service Provider may refuse the provision of the Transportation Services to the unauthorized possessor of the Prohibited Items. Bolt Mexico may at any time discontinue the provision of Bolt Services to the Transportation Service Provider and, as the case may be, to the Drivers acting on behalf of the Transportation Service Provider, that do not comply with this section of the Terms and applicable laws, and report unauthorized use of the Prohibited Items to the authorities. The Prohibited Items include, among other things:
4.19.1. firearms and their parts, ammunition, melee weapons, and other items specially designed for attack and defense (e.g. knuckles, stilettos);
4.19.2. 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;
4.19.3. drugs and other psychotropic substances which are subject to special control in accordance with the legislation;
4.19.4. any other items that are not allowed to be carried or transported by law and items that cannot be carried or transported without additional licenses, permits and approvals.
5. BOLT FEES
5.1. In order to use the Bolt Services, you are obliged to pay a Bolt Fee. The Bolt Fee is paid based on the Fare of each Transportation Service order that you or the Driver acting on your behalf have completed. The amount of the Bolt Fee is made available to you via email, Bolt App, Bolt Driver Account or other pertinent means. Please note that the Bolt Fees chargeable may change from time to time, considering the principles of dynamic commission pricing that take into account (i) the balance of the supply and demand for the Transportation Service, (ii) characteristics of the ride ordered; and (iii) conditions of any applicable campaigns. The Bolt Fees shall not go above the highest rate for Bolt Fees, that we have communicated to you. However, we may increase the applicable highest rate of Bolt Fees at any time by giving you prior notice.
5.2. You must pay the Bolt Fee and any other fees due to us for the previous week at latest by the Tuesday of the following week. Upon delay with payment of the Bolt Fee, you may be requested to pay a penalty of late payment in the amount of 50 MXN. You are obliged to cover all costs incurred by us, which are related to debt collection activities.
6. IN-APP PAYMENTS
6.1. We may enable Passengers to pay for the Transportation Service via cards, carrier billing and other payment methods (e.g. Bolt Business, etc.) directly in the Bolt App (i.e. In-app Payment). You hereby authorise us to act as your commercial agent in relation to any contract concluded with you in accordance with this Agreement via the Bolt App. You hereby grant us the right to collect the Fares or other fees payable via In-app Payment and to forward relevant funds to you in line with this Agreement. You acknowledge that in this case the payment obligation of the Passenger arising from any contract concluded via Bolt App is deemed to be fulfilled when the respective payment is credited to our payment account.
6.2. Fares and other payments due to you per section 6.1 above will be forwarded to you on a periodic basis, typically once every week or other reference period communicated by Bolt Mexico in advance. We will forward all relevant funds as per clause 6.1 above, that we collect on your behalf to the bank account that you indicate in the Bolt Driver Account or the Fleet Owner Portal, as applicable. Bolt Mexico may elect, at its discretion, to offer fund transfers at intervals other than the standard reference period subject to limits and conditions prescribed by Bolt Mexico.
6.3. You may not refuse payment by the Passenger via the In-app Payment, or influence the Passenger against the use of the In-app Payment after you accept the order. In case you refuse to accept an In-app Payment without just cause, we shall be entitled to charge you a contractual penalty in the amount of 330 MXN for every refusal and/or block your right to use Bolt Services in case of such repetitive behavior.
6.4. The Passenger may be distributed a promo code on a per-promotional basis. You are required to accept the use of promo code. If the use of promo codes is suspected as being fraudulent, illegal, or used by a Transportation Service Provider in conflict with these General Terms relating to promo code use, then the promo code may be canceled, and the outstanding amount corresponding to the value of the promo code will not be reimbursed by Bolt Mexico to the Transportation Service Provider.
6.5. If the option is available and the Passenger chooses to Tip directly in the Bolt App, the Tip will be collected by Bolt Mexico on your behalf together with the Fares and other fees paid by the Passenger via the In-app Payment. If the payment of the Tip is suspected as being fraudulent, illegal, or for a purpose other than as a gratuity related to the Transportation Service provided by a Transportation Service Provider in conflict with these General Terms, then the Tip can be withheld by Bolt Mexico.
6.6. You are entitled to review In-app Payment reports in the Bolt Driver Account, the Bolt App or the Fleet Owner Portal, as applicable. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the Bolt Fee. You must notify us of any important circumstances that may affect our obligations to collect and distribute the Fares paid via In-app Payment.
6.7. We are not obliged to pay you the Fare due from the Passenger if the In-app Payment fails because Passenger’s credit card or other payment method is canceled or is unsuccessful for other reasons. In such case, we will help you in requesting the Fare due from the Passenger and shall transmit it to you once the Passenger has made the requested payment.
6.8. Before providing Transportation Services, you must verify that the service is being actually provided to the right Passenger or that the Passenger has expressly confirmed he/she allows other passengers to ride under Passenger’s account. You and Drivers acting on your behalf are under no obligation to transport any person designated by the Passenger unaccompanied by the adult if such person is less than 18 years old unless such person is in danger or unless there are other serious circumstances (such as an emergency) that necessitate the transport of such person. If you make a mistake in identifying the Passenger, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services for other passengers, then we shall reimburse the person for the Fare. In such a case, you are not entitled to receive the Fare from us. Additionally, for every wrongfully applied In-app Payment, we shall be entitled to charge you a contractual penalty of up to 220 MXN.
6.9. Please note that we will deduct any Fares or Tip paid via In-app Payment against the amounts that you are obliged to pay to us (i.e. Bolt Fees and contractual penalties). We reserve the right to fulfill any of your financial liabilities to any Bolt group companies, in which case we will acquire the right to submit a claim against you.
6.10. If we are not able to pay the Fees or Tips to you due to you not including your bank account details in your Bolt Driver Account or if the bank account details have been noted incorrectly, then we will hold such payments for 180 days. If you do not notify us of the correct bank account details within 180 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Fare or Tip not transferred to you shall expire.
7. CUSTOMER SUPPORT
We provide the Transportation Service Providers and Drivers acting on their behalf customer support regarding the use of Bolt Services. We have the right to stop providing customer support services in case you are delayed with any of the payments for more than 5 (five) calendar days.
8. RATINGS AND ACTIVITY
8.1. In order to guarantee high-quality service and provide additional reassurance to Passengers, you hereby acknowledge that the Passengers may provide you or any Driver acting on your behalf a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating or the rating of the Drivers acting on your behalf will be linked to the Bolt Driver Account and will be available to Passengers at Bolt App. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of such rating.
8.2. In addition to the rating, we measure the level of activity of Transportation Service Providers and Drivers acting on their behalf and provide them with an activity score, which is based on their activity regarding accepting, declining, not responding and completing Transportation Service requests.
8.3. In order to provide reliable services to Passengers, we may determine a minimum average rating and a minimum activity score that Transportation Service Providers or Drivers acting on their behalf, must establish and maintain. If, after a pertinent notification from us, they do not increase their average rating or activity score to minimum level within the prescribed time period, Bolt Driver Account and, if applicable, access to the Fleet Owner Portal may be automatically suspended either temporarily or permanently. We may reverse the suspension of the account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
9. MARKET OVERVIEWS AND CAMPAIGNS
9.1. We may send you or Drivers acting on your behalf, via the Bolt App, Bolt Driver Account, SMS, email or other means, market overviews, in order to increase your awareness regarding when the demand by the Passengers is highest. Such market overviews are merely recommendatory and do not constitute any obligations for you or Drivers acting on your behalf. As the market overview estimations are based on previous statistics, we cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.
9.2. We may also provide campaigns, whereby we will guarantee a minimum income if you or Drivers acting on your behalf provide Transportation Services within a specified timeframe. If the specified minimum is not reached by you or Drivers acting on your behalf, we shall compensate the gap. The specific requirements and conditions will be sent via the Bolt App, Bolt Driver Account, SMS, email or other means. We have full discretion in deciding if, when and to which Transportation Service Providers and Drivers acting on their behalf we provide such campaigns. If we have reasonable cause to suspect any fraudulent activity by you or Drivers acting on your behalf, we may withhold your Fare until the suspicion of fraud has been cleared.
9.3. We may also occasionally arrange various campaigns in order to promote the Bolt Platform. If the Fare paid is reduced as part of such a campaign, we shall pay Transportation Service Providers the compensation, amounting to the monetary value of the benefit offered to the Passengers. We may set off the marketing compensation against the Bolt Fee.
10. RELATIONSHIP BETWEEN YOU, US AND THE PASSENGERS
10.1. You hereby acknowledge and agree that we provide an information society service and do not provide Transportation Services. By providing the Bolt Platform and Bolt Services, we act as a marketplace connecting Passengers with Transportation Service Providers or Drivers acting on their behalf to help them move around cities more efficiently. You acknowledge that you are providing the Transportation Services on the basis of a contract for carriage of passengers and that you provide the Transportation Services as an economic and professional activity. Bolt Mexico, as the operator of Bolt Platform acts as the commercial agent of the Transportation Service Providers for the mediation of conclusion of contracts between the Transportation Service Provider and the recipient of the Transportation Service, and thus, among other things, accepts payments from the Passengers or any other recipients of a Transportation Service and forwards the payments to the Transportation Service Provider.
10.2. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us or between us and Drivers acting on your behalf. You also acknowledge that no joint venture or partnership exists between you and us or between us and Drivers acting on your behalf. You may not act as an employee, agent or representative of us nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed an employee of us, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.
10.3. You may not transfer any or all your rights and obligations deriving from the Agreement to any third party.
11. PROCESSING OF PERSONAL DATA, ACCESS TO DATA
11.1. Your personal data and the personal data of the Drivers acting on your behalf will be processed in accordance with the Privacy Notice, available at https://bolt.eu/en/privacy/privacy-for-drivers/.
11.2. Bolt Mexico has access to all personal data and other data provided or generated in connection with your use of the Bolt Services or in connection with the use of the Bolt Services carried out on your behalf. Bolt Mexico shall take all reasonable steps to ensure confidentiality of such data and comply with all applicable Privacy Notices and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Notices and laws, Bolt Mexico maintains access to such data also after the Agreement between you and Bolt Mexico is terminated.
11.3. You and the Drivers acting on your behalf have access to personal and other data provided by you or generated in connection with your use of the Bolt Services, to the extent that is made available to you (or to the Drivers acting on your behalf) under the Bolt Driver Account through the Bolt App or, if applicable, under the Fleet Owner Portal. You shall take all reasonable steps to ensure confidentiality of such data and comply with applicable Privacy Notices and laws as long and to the extent that such data contains personal data of Passengers.
12. LIABILITY
12.1. The Bolt Platform is provided on an "as is" and “as available” basis. We do not represent, warrant or guarantee that access to the Bolt Platform will be uninterrupted or error-free. As the usage of Bolt Platform for requesting Transportation Services depends on the behavior of Passengers, we do not guarantee that your usage of the Bolt Platform will result in any Transportation Service requests.
12.2. To the maximum extent permitted under the applicable law, neither we, nor our representatives, directors and employees are not liable for any loss or damage, liability or expense (including any fees, penalties, attorney’s fees, etc.) that you may incur as a result of or in connection with (i) your or the Drivers’ acting on your behalf use of the Bolt Services; (ii) your or the Drivers’ acting on your behalf breach or violation of the Agreement (including these General Terms) or any applicable laws or regulations; or (iii) your or the Drivers’ acting on your behalf violation of the rights of any third party, including but not limited to:
12.2.1. any direct or indirect property damage or monetary loss;
12.2.2. loss of profit or anticipated savings;
12.2.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
12.2.4. loss or inaccuracy of data;
12.2.5. expense, penalty, or fine from any state authority; and
12.2.6. any other type of loss or damage.
12.3. The financial liability of us in connection with violating the Agreement will be limited to 5,500 MXN. You shall have the right to claim for damages only if we have deliberately violated the Agreement.
12.4. We shall not be liable for the actions or non-actions of the Passenger or co-passengers and shall not be liable for any loss or damage that may incur to you, Drivers acting on your behalf or vehicle used on the Bolt Platform for providing Transportation Services as a result of actions or non-actions of the Passenger or co-passengers.
12.5. You shall be fully liable for breach of the Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, or fine that we may incur in connection with your or the Drivers’ acting on your behalf breach of the Agreement and laws and regulations. If the Passenger or any third party presents any claims against us in connection with your provision of Transportation Services or in connection with Transportation Services provided on your behalf, then you shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us for any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
12.6. The Transportation Service Provider is solely responsible for complying and ensuring compliance of any Drivers providing Transportation Services on his behalf, with all relevant laws and regulations as well as with the Agreement for operating and using the chosen means of transport (e.g. licenses, insurances, etc), including all applicable consumer laws.
13. TERM, SUSPENSION AND TERMINATION
13.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Any other terms, guidelines and documents that constitute an integral part of the Agreement shall enter into force once the specific document or message has been made available to you and you commence or continue providing Transportation Services on the Bolt Platform.
13.2. You may terminate the Agreement at any time by notifying Bolt Mexico at least 7 (seven) days in advance, after which your right to use the Bolt Platform and Bolt Services shall terminate.
13.3. Bolt Mexico is entitled to immediately terminate the Agreement and block your access to the Bolt Platform and access to the Bolt Platform of Drivers acting on your behalf without giving any advance notice in case you repeatedly violate or a Driver acting on your behalf repeatedly violates the Agreement (including these General Terms), any applicable laws or regulations, disparage Bolt Mexico, engage in fraudulent behavior, or cause harm to Bolt brand, reputation or business as determined by Bolt Mexico in our sole discretion. In the aforementioned cases, we may, at our own discretion, prohibit you or Drivers acting on your behalf from registering a new Bolt Driver Account or a new Fleet Owner Portal account.
13.4. We may also immediately suspend (block) your access or access of Drivers acting on your behalf to the Bolt Platform, including to the Driver Bolt Driver Account and Fleet Owner Portal account for the period of investigation if we suspect an infringement of the Agreement or fraudulent activity from you or from Drivers acting on your behalf. The block of access will be removed once the investigation disproves such suspicions.
13.5. We are aiming to provide the highest quality service to all Passengers therefore we are monitoring the activity of Transportation Service Providers and Drivers acting on their behalf on the Bolt Platform. If you or Drivers acting on your behalf fail to meet the minimal service requirements, we are entitled to terminate the Agreement with you.
13.6. The Transportation Service Provider has the right to challenge the termination of the Agreement or suspension of Bolt Services through the Internal Complaint-Handling System Rules.
13.7. Bolt Mexico 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 Rules by the Passengers, Transportation Service Providers and Drivers acting on behalf of the Transportation Service Providers, that frequently submit notices or complaints which are manifestly unfounded. While assessing the circumstances for the suspension, Bolt Mexico considers the following:
13.8.1. the absolute number of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted within a month;
13.8.2. the relative proportion of notices and complaints in relation to the total number of items of information provided or notices submitted within a month;
13.8.3. the gravity of the misuse of the notice action mechanisms; and
13.8.4. (if applicable) the intention of the complainant for submitting manifestly unfounded complaints.
14. AMENDMENTS
14.1. Bolt Mexico reserves the right to amend the Agreement (including these General Terms) anytime by uploading the revised version on Bolt website (https://bolt.eu/legal/) and notifying you (e.g. via email, Bolt App, Bolt Driver Account or Fleet Owner Portal) whenever, in the reasonable opinion of Bolt Mexico, such amendments are material.
14.2. Bolt Mexico shall provide at least 15 days advance notice (e.g. via email, Bolt App, Bolt Driver Account or Fleet Owner Portal) about the amendments that affect the rights of Transportation Service Providers, unless:
14.2.1. Bolt Mexico is subject to a legal or regulatory obligation that requires it to amend the Agreement in a manner that does not allow it to respect the advance notice period;
14.2.2. immediate amendment is required to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or defending the Bolt Services, Passengers or Transportation Service Providers from fraud, malware, spam or data breaches; or
14.2.3. you have elected to waive the advance notice period (e.g. you or Drivers acting on your behalf continue to use Bolt Services after the receipt of the notice of amendment).
14.3. If you do not agree to the amendments of the General Terms or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of Bolt Services and providing termination notice to Bolt Mexico. The termination of the Agreement takes effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your use of the Bolt Services on or after the effective date of the amendment constitutes your consent to be bound by the General Terms or Agreement, as amended.
15. APPLICABLE LAW AND COURT JURISDICTION
The General Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of the United Mexican States. If the respective dispute resulting from the Agreement (including these General Terms) cannot be settled by negotiations, then the dispute shall be solved in the competent courts in Mexico.
16. NOTICES
16.1. You are obliged to immediately notify us of any changes to your contact information.
16.2. Any notice required to be given under the Agreement (including under these General Terms) shall be sufficiently given if:
16.2.1. delivered personally;
16.2.2. sent by courier with the proof of delivery;
16.2.3. sent by registered mail;
16.2.4. sent by email or
16.2.5. made available via the Bolt App, Bolt Driver Account or the Fleet Owner Portal.
16.3. Any notice that is sent or dispatched in accordance with clause 16.2 shall be deemed to have been received:
16.3.1. if delivered personally, at the time of delivery to the party;
16.3.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
16.3.3. if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
16.3.4. if made available via the Bolt App, Bolt Driver Account, or Fleet Owner Portal, or
16.3.5. if sent by email, on the day the party receiving the email confirms receiving the respective email or on the second day following the dispatch of the email provided that the sender has not received an error notice (notifying that the email was not delivered to the party) and has sent the email again on the next calendar day and has not received a similar error notice.
17. FINAL PROVISIONS
If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.