General Terms and Conditions for Fleet Partners / Drivers
By offering the Bolt Apps and the Bolt Services, we offer technological solutions to assist the Fleet Partner in its operations and a platform where Passengers can connect with the Fleet Partners in order to request the provision of Transportation Services. Fleet Partners can also use a number of other services and solutions with the purpose of optimizing their daily operations and fleet management.
These terms and conditions (also referred to as “T&Cs”) set out the terms and conditions between the Fleet Partners, Drivers and Bolt Austria, Bolt Group Companies and Bolt Partners regarding the use of the Bolt Platform, the Bolt Apps and the Bolt Services.
To benefit from Bolt Services and provide Transportation Services through the Bolt Platform, the Fleet Partner / Driver must carefully read and agree to the completion of the terms and conditions set out below.
1.1 Bolt Austria (also referred to as we, ours or us) - Bolt AMW GmbH is a registered company under the laws of Austria with the registration code: FN 483139z and located in Hohlweggasse 30, Top/Tür Nr. GL2H 1030 Vienna.
Bolt Group companies - means companies over which Bolt Technology OÜ (registry code 12417834, address Vana-Lõuna tn 15 Tallinn Harjumaa 10135, Estonia, e-mail address email@example.com) exercises right of control (e.g., Bolt Technology OÜ subsidiaries).
Bolt Partners - means local representatives, local branches, agents appointed or mandated by Bolt Technology OÜ (e.g., payment agent).
1.2 Bolt Services - Services that Bolt Austria provides, including the provision and maintenance of the Bolt Apps, the Bolt Platform, In-App Payment, Passenger support and the communication between the Fleet Partner, the Driver and Passenger, training and on-boarding of the Fleet Partner / Driver the billing system, and other similar services.
1.3 Bolt Apps - a smartphone application intended for the Driver and Passengers who can request and receive Transportation Services.
1.4 Bolt Platform - technology connecting the Passenger and the Fleet Partner that helps them manage the provision of their Transportation Services / move around cities more efficiently. The Bolt Platform includes the “Dispatching Platform” described below.
1.5 Passenger - a person who requests the Transportation Services by using the Bolt Apps.
1.6 Fleet Partner - the company/sole trader that provides the Transportation Services, uses the Bolt Platform - who has the appropriate trade license. Each Fleet Partner will get a personal Bolt Fleet Partner Account to use the Bolt Platform.
1.7 Driver - the person, employed by or operating on behalf of the Fleet Partner, using the Vehicle, and providing Transportation Services via the Bolt Platform. Each Driver will get a personal Bolt Driver Account to use Bolt Apps.
1.8 Agreement - The agreement between you and Bolt Austria, Bolt Group Companies and Bolt Partners regarding the use of the Bolt Platform and the Bolt Services and consists of: (i) these T&Cs, (ii) the special terms displayed in the Bolt Apps (e.g., description of service or price information), (iii) guidelines provided in writing on our website or sent via e-mail to the Fleet Partner and Drivers from time to time by Bolt Austria, Bolt Group Companies and Bolt Partners, (iv) other terms referred to in this Agreement as may be amended from time to time.
1.9 Fare - the fee a Passenger is obliged to pay the Fleet Partner for provision of the Transportation Services.
1.10 Bolt Fees - the fees the Fleet Partner shall pay to Bolt Austria for the Bolt Services, including the right to use the Bolt Platform.
1.11 In-App Payment - cards, carrier billing and other payment methods used by the Passenger via the Bolt Apps to pay for the Transportation Services.
1.12 Bolt Fleet Partner Account - a portal with relevant information and documents on the use of the Bolt Platform and Bolt Services by the Fleet Partner in the course of providing Transportation Services, which also includes accounting documentation. The Fleet Partner can access the Bolt Fleet Partner Account at http://fleets.bolt.eu by entering the attributed username and password.
1.13 Bolt Driver Account - a Drivers' portal subordinate to the Bolt Fleet Partner Account with relevant information and documents about the individual Transportation Services. The Driver can access the Bolt Driver Account at http://partner.bolt.eu or in the Bolt Apps by entering the attributed username and password.
1.14 Transportation Service - transport service a Driver, is executing towards the Passenger on the basis of the instructions received by the Fleet Partner. The Passenger’s request, through the Bolt Platform, is previously received by the Fleet Partner in its own business premises or apartment and also must be accepted therefrom from the latter.
1.15 Payment Agent - Bolt Operations OÜ (Register code: 14532901; Legal address: Vana-Lõuna tn 15 Tallinn Harjumaa 10135, formerly, Billify OÜ), the agent responsible for providing technical support to facilitate payment services and/or billing. The payment agent may also process and settle complaints regarding payments.
1.16 Website - www.bolt.eu and all relevant sub-sites, including the Bolt Fleet Partner Account and the Bolt Driver Account.
1.17 Vehicle - means the car which belongs to the Fleet Partner, used by the Driver for completing the Transportation Service and that must be fully compliant with the Austrian as well as the Viennese taxi, rental car and guest car operating regulations, and the indications provided by Bolt Austria from time to time.
2. CONCLUSION OF THE AGREEMENT
2.1. Prior to using the Bolt Services, the Fleet Partner must sign up by providing the requested information in the signup application on the website and uploading or sending via email the necessary documentation as required by Bolt Austria. Upon successful completion of the signup application by the Fleet Partner, Bolt Austria will provide the Fleet Partner with a personal account accessible via a username and password. The Fleet Partner shall register on an ongoing basis Drivers and Vehicles, which at the sole discretion of Bolt Austria will or will not be activated and provided access to the Bolt Apps. By clicking the „Sign up" button located at the end of the signup application and/or by using the Bolt Platform and/or Bolt Apps, the Fleet Partner and Drivers accept the terms of the Agreement, representing and warranting that:
2.1.1. The Fleet Partner and Drivers are entitled to enter into an agreement with Bolt Austria to use the Bolt Platform for providing the Transportation Service. The Fleet Partner / Driver carefully studied, fully understand and agree to be bound by these T&Cs, including all obligations that arise from the Agreement and the applicable laws;
2.1.2. All the information the Fleet Partner / Driver has presented to Bolt Austria is accurate, correct and complete;
2.1.3. The Fleet Partner / Driver will keep the Bolt Fleet Partner Account and Bolt Driver Account accurate and the profile information updated at all times;
2.1.4. The Fleet Partner / Driver will not authorize other persons to use the Bolt Fleet Partner Account or Bolt Driver Account nor transfer or assign the latter to any third party;
2.1.5. The Fleet Partner / Driver will not use the Bolt Services for unauthorized or unlawful purposes and impair the proper operation of the Bolt Services;
2.1.6. At all times, the Fleet Partner / Driver shall fully comply with all laws and regulations applicable in Vienna and Austria, including - but not limited to - local laws regulating passenger transportation services and will inform the Drivers at reasonable intervals of all applicable regulations relevant to the Transportation Services, as well as monitor the activities of the latter;
2.1.7. The Fleet Partner / Driver is liable and must fully indemnify and hold Bolt Austria, Bolt Group Companies and Bolt Partners harmless for the violation of the Fleet Partner’s / Driver’s duty under point 2.1.6;
2.1.8. The Fleet Partner / Driver shall not copy or distribute the Bolt Apps, the Bolt Services or any other of Bolt Austria’s content, nor permit such acts without the prior written consent of Bolt Austria;
2.2. The Fleet Partner is required to provide its bank account information when completing the payment details during the registration. The Fleet Partner must insert the bank account of the company/sole trade holder. Bolt Austria, or a mandated third party, will transfer the relevant portion of the Fares paid by In-App Payment, after deducting any negative balance of the Fleet Partner and any other fees deriving from the Agreement, to the bank account that the Fleet Partner has provided. Bolt Austria, Bolt Group Companies, Bolt Partners shall not be liable for any incorrect money transactions in case the Fleet Partner / Driver has provided inaccurate account details.
2.3. After submitting the application form, the Fleet Partner / Driver may receive an e-mail with additional conditions that must be met in order to provide Transportation Services while using the Bolt Services, including additional information requests from Bolt Austria. Among other things, these conditions may include the provision of criminal records statements, clearance certificates, valid business licenses and driving licenses, confirmation of a particular technical condition or insurance of the vehicle, completion of a training course, the presence of a GPS-assisted mobile device, garage / business premise information, registration certificates, certificates of the bank account(s) or other evidence for the lawful use of the Vehicle and other conditions as described in the corresponding e-mail. Failure to comply with the provided requirements may result in the termination of the Agreement and the suspension of the right to use the Bolt Services.
2.4. The Fleet Partner / Driver agrees that Bolt Austria may freely assign its obligations, rights and/or claims under this Agreement to Bolt Group Companies and/or Bolt Partner. This includes, among other things, assigning the rights and obligations related to the verification of documents, related to registration applications, business licenses, registration certificates, training, charging of Bolt Austria, forwarding of due Bolt Fees, In-Apps Payments and payments/transfers in general, licensing of Bolt Apps, etc. Details of the local Bolt Group companies and/or Bolt partners can be found here http://bolt.eu/cities.
2.5. Registering to the Bolt Fleet Partner Account:
2.5.1. The Fleet Partner as a legal person is deemed to be the provider of Transportation Services and party to the Agreement.
2.5.2. In the event of incompatibility in the registration and/or uncertainties on the part of Bolt Austria on who the Fleet Partner and/or Driver is, Bolt Austria shall be entitled, at its sole discretion, to suspend the registration process, to block the access and usage of the Bolt Apps and the Bolt Services or to terminate the Agreement.
2.5.3. Notwithstanding the above, only the specific natural person indicated in the signup process may factually provide the Transportation Services. A Driver may use the Bolt Driver Account only if it has read and accepted the parts of the Agreement relevant to the Driver, which is given if the Driver has been given a Bolt Driver Account or if the Driver actually uses the Bolt Apps. It is strictly prohibited for the Driver to save the Passenger’s contact information or to communicate with the Passenger prior to receiving the assignment and instructions from the Fleet Partner or after completing the ride request, save where the Driver must communicate with the Passenger to return a belonging left behind by the latter in the Vehicle.
2.5.4. THE LEGAL PERSON IN THE PAYMENT DETAILS (FLEET PARTNER) AND THE NATURAL PERSON FACTUALLY PROVIDING THE TRANSPORTATION SERVICES (DRIVER) SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE AGREEMENT.
2.5.5. A certain Vehicle can be registered only under one Fleet Partner and only for one Bolt Fleet Partner Account. A Driver can be registered only under one Fleet Partner and only one Bolt Driver Account can be given to the Driver. The Fleet Partner shall immediately notify Bolt Austria if a Driver is no longer employed by/contracted to the Fleet Partner and if a Vehicle is no longer in its property or lawful possession or it is not in a working or lawful condition, in which cases Bolt Austria may deactivate the relevant accounts. The violation and attempt to circumvent these conditions may result in the suspension of the right to use any or all parts of the Bolt Services, as well as the potential termination of this Agreement.
2.5.6. The registration of a Vehicle does not mean that with this Vehicle can be used at any time and without restriction in the Bolt Platform. Therefore, Bolt Austria reserves the right to temporary exclude a previously registered Vehicle from using the Bolt Platform / Bolt Fleet Partner Account / Bolt Apps for any reason, without any compensation or indemnity obligation on Bolt Austria’s part. While performing the Transportation Service, the Driver must select in the Bolt Platform/Bolt Apps the Vehicle which is used for the purpose of providing Transportation Services. The license plate of such Vehicle will be displayed to prospective passengers.
2.5.7. If the Fleet Partner has registered several of its employees and/or service providers (Drivers), the Fleet Partner must ensure that, at all times, the Drivers conform to the requirements of this Agreement and that the Drivers agree to act in accordance with the conditions and obligations of the T&Cs and any further agreements between the Parties. The Fleet Partner and its employees and/or service providers shall remain jointly and severally liable for any infringement conducted by such employee and/or service provider.
3. FLEET PARTNER/DRIVER’S RIGHT TO USE THE BOLT APPS, BOLT PLATFORM AND THE BOLT FLEET PARTNER ACCOUNT / BOLT DRIVER ACCOUNT
3.1. The Bolt Platform: The Bolt Platform will allow the Fleet Partner to receive inquiries from Passengers interested in receiving Transportation Services that only the Fleet Partner can decide to accept or ignore, in its sole discretion and in strict compliance with any applicable law. More information about the Bolt Platform can be found on the Website.
3.2. License to use the Bolt Apps, Bolt Platform and the Bolt Fleet Partner Account / Bolt Driver Account:
Subject to the terms of the Agreement, Bolt Austria hereby grants the Fleet Partner / Driver for valuable consideration a non-exclusive, revocable, non-sublicensable, non-transferable license to use the Bolt Apps, Bolt Platform, Bolt Driver Account and the Bolt Fleet Partner Account in Austria, in accordance with the conditions in the Agreement.
The Bolt Fleet Partner Account includes the so-called “Dispatcher Platform” available at https://dispatcher.bolt.eu/. This additional system supports the Fleet Partner’s original conduct of business, by enabling the latter to manually dispatch rides from their business premises, receive via email, phone and other means of communication to Drivers.
3.3. In the course of using the Bolt Apps and/or the Bolt Platform and/or the Bolt Fleet Partner Account and/or the Bolt Driver Account, the Fleet Partner and the Drivers are not allowed to:
3.3.1. Making available the Bolt Apps and/or Bolt Fleet Partner Account and/or Bolt Driver Account and/or Bolt Services and/or Bolt Platform and/or other Bolt software, in the form of license, sub-licensing or in any other form, in part or in full, to any unauthorized third party;
3.3.2. Attempting to modify, decrypt or disassemble, reverse or otherwise attempt to obtain the Bolt Apps and/or Bolt Fleet Partner Account and/or Bolt Driver Account and/or Bolt Services and/or Bolt Platform and/or other Bolt software source code;
3.3.3. Using the Bolt Apps and/or Bolt Fleet Partner Account and/or Bolt Driver Account and/or Bolt Services and/or Bolt Platform in a manner not expressly authorized, including creating related external online links;
3.3.4. Modify Bolt Apps and/or the Bolt Fleet Partner Account and/or the Bolt Driver Account and/or the Bolt Services and /or the Bolt Platform and/or other Bolt software in any manner or form or use modified versions thereof;
3.3.5. Transferring files containing viruses, corrupted files or other software that could damage or adversely affect the operation of another person's computer, the Bolt Platform or hardware or telecommunications equipment;
3.3.6. Sending spam messages or other mixed or unwanted messages that have any connection to this Agreement or the Transportation Services;
3.3.7. Attempt to gain unauthorized access to the Bolt Apps and/or the Bolt Fleet Partner Account and/or the Bolt Driver Account and/or the Bolt Services and/or the Bolt Platform and/or other “Bolt” software;
3.3.8. Design or develop any product or service that might be in competition with Bolt Austria, or is in essence similar to, a copy or an extract of any technical function or content similar to the Bolt Apps and/or Bolt Fleet Partner Account and/or Bolt Driver Account and/or Bolt Services and/or Bolt Platform.
3.4. To use the Bolt Apps, Bolt Platform, Bolt Services, and the Website, the Fleet Partner / Driver must pay Bolt Austria or its affiliates the Bolt Fees according to the Agreement.
3.5. The license granted herein revokes automatically and simultaneously with the termination of the Agreement. After the termination of the Agreement, the Fleet Partner / Driver must immediately stop using the Bolt Apps, Bolt Platform and the Bolt Fleet Partner Account / Bolt Driver Account and Bolt Austria is entitled to block and delete the Bolt Fleet Partner Account / Bolt Driver Account without prior notice.
3.6. Using Bolt Tags and Labels:
3.6.1. In addition, Bolt Austria may give the Fleet Partner / Driver tags, labels, stickers, or other signs that refer to Bolt Services and/or “Bolt” branding or otherwise indicate the usage of the Bolt Platform. Bolt Austria is also entitled to require the mandatory use of these tags and labels.
3.6.2. Bolt Austria grants the Fleet Partner / Driver a non-exclusive, non-sublicensable, non-transferable license to use “Bolt” signs provided by Bolt Austria, solely for the purpose of indicating that the Fleet Partner / Driver is providing Transportation Services via the Bolt Platform. Upon termination of the Agreement, the Fleet Partner / Driver must immediately remove and discard any such sign relating to the Bolt Services, Bolt branding or trademark. As a representative of the “Bolt” brand, the Fleet Partner / Driver must at all times behave in such a manner that reflects the values of Bolt Austria and Bolt Group Companies. Any violation on this regard may be cause for termination or suspension of the access or termination of the Agreement at the sole discretion of Bolt Austria.
3.7. All copyrights and trademarks, including source code, databases, logos and visual designs are owned by or exclusively licensed to Bolt Austria for Austria and are protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Bolt Platform or any other Bolt Services, the Fleet Partner / Driver does not acquire any rights of ownership to any intellectual property whatsoever.
__4. THE TRANSPORTATION SERVICES __
4.1. Fleet Partner and Driver guarantee to provide Transportation Services in accordance with the Agreement as well as laws and regulations applicable in the state or city where Transportation Services are provided. The Fleet Partner and Drivers are fully, jointly and several liable for any violation of any local laws and regulations as may arise from providing Transportation Services, which may result in damage claims and immediate termination of the Agreement.
4.2. The Fleet Partner and Driver must have all licenses (including a valid driver's license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is the Fleet Partner and Driver’s obligation to maintain the validity of all aforementioned documentation. Bolt Austria reserves the right to require to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.
4.3. Notwithstanding the obligations arising from the Agreement, the legal relationship regarding the Transportation Service is concluded between the Fleet Partner and the Passenger according to the stipulations of the applicable law.
4.4. The Fleet Partner must ensure the Driver provides 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, the Drive(i) may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger; (ii) 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 his/her hand while the vehicle is moving and (iii) must keep the Vehicle smokefree, clean and in hygienic conditions at all times.
4.5. Fleet Partner retains the sole right to determine when and for how long offering, accepting and providing the Transportation Service. Therefore the Fleet Partner must accept, reject or ignore Passenger's requests at its sole discretion and in accordance with applicable law.
4.6. If the Fleet Partner provides Transportation Services as rental car (Mietwagen) service providers:
4.6.1. The Fleet Partner / Driver are obliged to fulfil and maintain at all times during the Transportation Services, the technical and professional requirements, also relating to the Vehicles and Drivers, especially established by the Viennese taxi, rental car and guest car operating regulations as may be applicable from time to time, as well as any additional requirements that may be imposed by Bolt Austria.
4.6.2. Passenger’s requests shall be strictly received and accepted/rejected by the Fleet Partner in its own business premises or apartment. Passengers can only be picked up at the location indicated by the Passenger in its order request or at the business premises or apartment of the Fleet Partner.
4.6.3. The Driver must return to (one of) the Fleet Partner’s business premises after completing each Transportation Service and the Driver cannot pick-up new Passengers during empty rides, save where permitted under applicable laws. We reserve the right to carry out independent inspections regarding the fulfillment of such obligations by the Fleet Partners / Drivers. Should it be ascertained that a violation has occurred, we reserve the right to immediately terminate the Agreement.
4.6.4. The Fleet Partner must have the personnel and a functioning telecommunication device in one of its business premises that is suitable for using the Bolt Platform and receiving/accepting/rejecting the Passenger's ride order request, at all times when Transportation Services (using our services) are to be provided.
4.6.5. The Driver shall set its status on “Offline”, at all times when the Driver is not ready / available / able to perform a Transportation Service request assigned or to be assigned by the Fleet Partner. Bolt Austria is entitled to set the status of the Driver on “Offline” while the Driver is executing a Transportation Service.
4.7. Costs incurred while providing the Transportation Services: The Fleet Partner / Driver is obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at its own expense, including a car, smartphone, etc. Fleet Partner / Driver is 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 Apps may consume a large amount of data on the respective mobile data plan. Thus, it is suggested to subscribe for a data plan with unlimited or very high data usage capacity.
4.8. Fares: The Fleet Partner / Driver are entitled to charge a Fare for each Transportation Service mediated through the Bolt Platform and completed as requested (i.e., Fare), provided such Transportation Services are in line with any applicable regulations and instructions/guidelines provided by Bolt Austria from time to time. The Fare, which is suggested by us based on statistical data and market analysis and accepted by the Fleet Partner, is generally 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 travel. The Fleet Partner may notify us of its wish to modify the computation basis of the Fare. The Fleet Partners / Drivers operating as Mietwagen service providers shall not display in their Vehicles a taximeter or any tool visibly calculating the Fare, nor any sign insinuating that the Fleet Partner/Driver is a taxi service provider.
4.9. The Fleet Partner / Driver must charge the Passenger the exact amount of the Fare as agreed from time to time, in advance, between the Fleet Partner and the Passenger and indicated by the Bolt Apps.
4.10. Fleet Partner / Driver must be aware that the Bolt Apps may not be used as a pricing instrument. The Fleet Partner agrees to fixed Fares for certain established routes (e.g., city to airport).
4.11. If the Fleet Partner / Driver find that there has been an error in the calculation of the Fare and wish to make corrections in the calculation of the Fare, a petition must be submitted in the section „Fare Review" of the Bolt Apps. If a petition in the section „Fare Review" of the Bolt Apps has not been submitted, then Bolt Austria shall not reassess the Fare or reimburse for an error made in the calculation of the Fare.
4.12. Bolt Austria may adjust the Fare for a particular order completed, if we detect a violation or in case a technical error affecting the final fare is identified. Bolt Austria may also fully or partially refund the Fare to the Passenger in case Bolt Austria has reasonable cause to suspect a fraud or a complaint by the Passenger indicates a violation by the Fleet Partner / Driver. Bolt Austria will only exercise its right to fully or partially refund the Fare in a reasonable and justified manner.
4.13. The Passenger may pay the fare for the Transportation Services either directly in cash or via the In-Apps Payment. If the Passenger pays the Fare directly to the Driver, the Driver shall collect the Fare and hand over to the Passenger an invoice generated through the cash register (Registrierkasse) [cf. 4.19], as may be prescribed by law. If the Driver fails to do so, Bolt Austria may block the access of the Driver / Fleet Partner to the Bolt Platform and Bolt Apps. If the Passenger pays the Fare to the Driver via In-App Payment, Bolt Austria will create and forward to the Passenger an invoice on behalf of the Fleet Partner/Driver [cf. 4.18].
4.14. Bolt Austria takes no responsibility if the Passenger refuses to pay the Driver. In such cases, the Driver should turn to the relevant authorities and call the police, while Bolt Austria may send the Passenger a request for payment. Bolt Austria does not have any obligation to compensate the Fare not paid by the Passenger. If the passengers in the vehicle do 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 the information stated in the Bolt Apps is incorrect, then Bolt Austria will not reimburse for such expenses.
4.15. In any case, after each successful provision of Transportation Services, a receipt will be sent to the Passenger, consisting of the following information: the company's business name, place of business, the first name and surname of the Driver, a photo of the Driver, service license number (if applicable), the registration number of the vehicle, the date, the time, the start and end location, the duration and length, the Fare and the price paid for the provision of the Transportation Services.
4.16. If, in the course of the provision of 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), the Fleet Partner / Driver shall have the right to request the Passenger to pay a penalty up to 50 EUR and request compensation for any damages exceeding the penalty. If the Passenger does not consent to paying the penalty and/or compensating the damage, Bolt Austria must be notified within 24 hours (and must be accompanied by pictures or other adequate evidence of damage) and we will then try to collect penalty and/or relevant costs from the Passenger. However, Bolt Austria is not taking any liability for direct or indirect damages in relation to cleaning or maintenance of the Vehicle caused by Passenger, and it is also not obliged to launch any trial in this respect.
4.17. Tax Obligations: The Fleet Partner and Driver hereby acknowledge to be obliged to fully comply with all tax obligations that arise from the applicable laws in relation to the provision of Transportation Services, including (i) paying corporate tax, income tax, social security tax or any other tax applicable, including corporate income and profit tax; and (ii) fulfilling all employee and tax registration obligations (including obtention of VAT identification number) as required by the applicable law. In addition, it is the Fleet Partner / Driver’s duty to provide Bolt Austria with all relevant tax information, including (among others) VAT numbers. In case the tax authority will submit a valid application to us to provide information regarding a given Fleet Partner / Driver’s activities, we may make available to the tax authority the information regarding such activities to the extent set forth in valid legal acts. Additionally, it is the Fleet Partner / Driver obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Transportation Services. The Fleet Partner hereby agrees to compensate Bolt Austria all state fees, claims, payments, fines or other tax obligations that Bolt Austria will incur in connection with the obligations arising from applicable tax regulations not having been met by the Fleet Partner / Driver (including paying the income tax and social tax).
4.18. Authorization to issue Invoices: Bolt Austria, or mandated third parties, have the right to issue invoices on the Fleet Partner’s behalf to the Passengers for the compensation of Fares, contractual penalties or any other fees mediated by Bolt Austria. The invoice will be made available via the Bolt Fleet Partner Portal. It is the Fleet Partner / Driver responsibility to verify the invoices on a weekly basis and the Fleet Partner / Driver must promptly inform Bolt Austria should there be any error.
4.19. Cash register: The Fleet Partner and its Drivers have to be able to accept cash payments of the Fare, and it is required to handle these payments by law-compliant cash registers. The Fleet Partners and their Drivers are solely responsible to be compliant with any applicable legislation on cash payments.
5. BOLT FEES
5.1. To use Bolt Services, the Fleet Partner must pay Bolt Austria a fee (i.e., Bolt Fees). The Bolt Fees are paid based on the Fare of each Transport Service order the Fleet Partner/Driver has completed. The amount of the Bolt Fees will be provided to the Fleet Partner by email, through the Bolt Apps, the Bolt Fleet Partner Account or other relevant means. The Fleet Partner / Driver acknowledges that the Bolt Fees may change from time to time. Bolt Austria shall send the Fleet Partner a prior notification one day before each such change.
5.2. The Fleet Partner must pay the Bolt Fees and other fees within the payment terms specified in Bolt Austria's underlying invoices, which may not be shorter than seven (7) days. If the Fleet Partner is late in paying the Bolt Fees, they will be required to pay a late payment of 0.04% (zero point four percent) of the unpaid amount per day. The Fleet Partner is required to cover all costs incurred by Bolt Austria which are related to debt collection activities.
6. IN-APP PAYMENTS
6.1. Bolt Austria may enable Passengers to pay for the Transportation Service via cards, carrier billing and other payment methods (Bolt Business, etc.) directly in the Bolt Apps (cf. In-App Payment). The Fleet Partner / Driver hereby authorises Bolt Austria to act as its limited commercial agent solely for the purpose of collecting, on its behalf, the Fares, any applicable taxes or other fees paid by the Passenger via In-App Payment. 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. The Fleet Partner / Driver agrees that payments made by the Passengers through In-App Payment are considered to be payments made directly to the Fleet Partner / Driver.
6.2. The Fleet Partner / Driver may not deny payment by the Passenger through the In-App Payment or influence the Passenger against using the In-App Payment. If the Fleet Partner / Driver refuses to accept an In-App Payment without good cause, Bolt Austria shall be entitled to charge the Fleet Partner / Driver a penalty of 50 Euro for any refusal and/or block the Fleet Partner’s / Driver’s right to use the Bolt Services in case of repetitive behaviour or terminate the Agreement.
6.3. Bolt Austria reserves the right to distribute promotional codes to Passengers at its discretion on a per promotion basis. The Fleet Partner / Driver is required to accept the use of promotional code only when the Passenger applies the code in-app to a trip using card payment. Promotional codes may be applied to cash paid trips. If the use of promotional codes is suspected as being fraudulent, illegal, used by a Fleet Partner / Driver in conflict with our Terms and Conditions relating to promotional code use, then the promotional code may be cancelled and the outstanding amount will not be reimbursed by Bolt Austria to the Fleet Partner / Driver.
6.4. Bolt Austria, or a mandated third party, shall periodically transfer the In-App Payments received in the Bolt Fleet Partner Account, as accounted for under the period of relevance - starting on Monday, 0.00 and ending on Sunday, 23.59, every week - by bank transfer to the bank account specified by the Fleet Partner, by the fourth day of the week following the period of relevance but not exceeding 14 (days) days from the end of the period of relevance. Any commissions, fees, costs and any other legal claims arising from the law or these T&Cs, due to Bolt Austria shall be deducted from the amount to be transferred to the Fleet Partners. If the Fleet Partner requests an In-App Payment review, Bolt Austria may transfer the amounts due after such review has been completed.
6.5. The Fleet Partner is entitled to review In-App Payment reports in the Bolt Fleet Partner Account or the Bolt Apps. The reports will show the amount of In-App Payments brokered in the previous week, as well as the withheld amounts relevant to the Bolt Fees.
6.6. Bolt Austria is not obliged to pay Fleet Partners the Fare due from the Passenger if the In-App Payment failed because the Passenger's credit card or other payment is cancelled or is unsuccessful for other reasons. In such case, Bolt Austria will assist the Fleet Partner in requesting the Fare owed by the Passenger and Bolt Austria will transfer the relevant share of such Fare to the Fleet Partner once the Passenger has completed the requested payment.
6.7. Before providing Transportation Services, the Fleet Partner / Driver must verify that the service is being actually provided to the right Passenger or the Passenger has expressly confirmed he/she allows other passengers to ride under the Passenger's account. If the Fleet Partner / Driver makes 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 Bolt Austria shall reimburse the person for the Fare. In such case, the Fleet Partner / Driver is not entitled to receive its share of the Fare from Bolt Austria. Additionally, for every wrongfully applied In-App Payment, Bolt Austria shall be entitled to charge the Fleet Partner / Driver a penalty up to € 50.00.
6.8. The Fleet Partner / Driver must notify Bolt Austria of any major circumstances that may affect Bolt Austria's collection and distribution of the relevant share of the Fares paid through In-App Payment, as well as all those cases where the Fleet Partner / Driver is of the opinion that the respective funds were not duly received.
6.9. Please note that Bolt Austria will set off any Fares paid via In-App Payment against the amounts that the Fleet Partner / Driver is obliged to pay to Bolt Austria (i.e. Bolt Fees and penalties). Bolt Austria may set off any of the Fleet Partner’s financial claims against financial claims that the Fleet Partner may have against Bolt Austria.
6.10. If Bolt Austria is not able to transfer the relevant share of the Fares to the Fleet Partner due to the Fleet Partner / Driver not including its bank account details in its Fleet Partner / Driver account or if the bank account details have been inserted incorrectly, then Bolt Austria will hold such payments for 180 days. If the Fleet Partner / Driver does not notify Bolt Austria of the correct bank account details within 180 days from the date that the right to claim such payments has been established, the Fleet Partners’s / Driver’s claim regarding the payment of the Fare not yet transferred shall expire.
7. CUSTOMER SUPPORT
7.1. Bolt Austria provides assistance to the Fleet Partners and Drivers regarding the use of Bolt Services. Bolt Austria has the right to discontinue such services at any time in case of late payments, for any reason.
8. RATINGS AND ACTIVITY
8.1. To ensure a high quality service and provide additional reassurance to Passengers, the Fleet Partner and Driver hereby acknowledge that the Passengers may provide you a rating and leave feedback on the quality of the Transportation Services provided. The average rating will be linked to the Bolt Driver Account and will be made available to Passengers requesting Transportation Services. The Passenger is required to provide the reviews and comments to the best of their knowledge and belief, and if a rating or comment was not provided in good faith, such a rating or comment may not be projected in the calculation of the rating.
8.2. In addition to the rating, the level of activity of the Fleet Partners and Drivers and provides relevant activity scores will be displayed in the Bolt Driver Account, which are based on accepting, declining, not responding and completing Transportation Service requests, for the purpose of helping the Fleet Partners evaluate their Drivers.
8.3. The ratings described above shall not be used by us as the sole basis for terminating the Agreement.
9. MARKET ANALYSIS AND CAMPAIGNS
9.1. Market Overviews: Bolt Austria may send the Fleet Partner / Driver via the Bolt Apps, Bolt Driver Account, SMS, e-mail or other means, market overviews, to increase its awareness of when the Passenger's needs are the highest. Please note that such market analysis are only recommendations and do not constitute any obligations for either party. As any market estimation provided is based on previous statistics, we cannot give any guarantees that the actual market situation will reflect the latter.
9.2. Campaigns promising a minimum income: We may also provide campaigns, whereby we will guarantee a minimum income if the Fleet Partner/Driver provide Transportation Services within a specified timeframe, location or other criteria defined by Bolt Austria. If the specified minimum income is not reached, we shall compensate the gap. The specific requirements and conditions will be sent via the Bolt Apps, Bolt Driver Account, SMS, Email or other means. We have full discretion, in deciding if, when and to which Fleet Partner and/or Drivers we provide such campaigns. If we have reasonable cause to suspect any fraudulent activity by the Fleet Partner/Driver, we may withhold their Fare until the suspicion of fraud has been cleared.
9.3. Campaigns for Passengers: Bolt Austria may occasionally arrange various campaigns to Passengers in order to promote the Bolt Platform. If the Fare paid by the Passenger is reduced as part of such campaign, Bolt Austria will in most cases pay compensation equal to the monetary value of the benefit offered to the Passengers. Bolt Austria may set-off the marketing compensation against the Bolt Fees.
10. RELATIONSHIP BETWEEN FLEET PARTNERS, DRIVERS, BOLT AUSTRIA AND THE PASSENGERS
10.1. The Fleet Partner / Driver hereby acknowledges and agrees that Bolt Austria acts as an intermediary marketplace connecting Passengers with Fleet Partners to help the Passengers move around cities more efficiently, and does not provide Transportation Services. The Fleet Partner / Driver acknowledges that the Fleet Partner / Driver is providing the Transportation Services on the basis of a service contract with the Passengers and that the Fleet Partner / Driver provides the Transportation Services as an economic and professional activity.
10.2. It is understood that the Fleet Partner and the Passenger are bound by a service contract to provide the Passengers with Transportation Services to which Bolt Austria, Bolt Group companies or Bolt Partners are not a party.
10.3. The Driver / Fleet Partner hereby expressly declares that the relationship between the Driver / Fleet Partner and Bolt Austria, Bolt Group Companies, Bolt Partners is not an employment relationship and that no employment relationship will arise between the Driver / Fleet Partner and Bolt Austria, Bolt Group Companies, Bolt Partners. The Parties also agree that there is no joint venture or partnership between the Fleet Partner and Bolt Austria or Bolt Group Companies, Bolt Partners. The Fleet Partner / Driver may not act as a clerk, agent or representative of Bolt Austria or its affiliates or bind Bolt Austria to any contract.
10.4. If the Driver is deemed to be an employee of Bolt Austria or its affiliate due to the application of mandatory laws or otherwise, the Fleet Partner / Driver agrees to indemnify Bolt Austria against any claims of any person, entity, regulatory or governmental authority based on such implied employment.
10.5. The Fleet Partner / Driver shall not assign the rights and obligations under the Agreement to any third party without the prior written consent of Bolt Austria.
10.6. The Fleet Partner acknowledges that Bolt Austria does not control or direct the Fleet Partner’s / Driver’s provision of Transportation Services. The Fleet Partner has the sole right to decide when and how long the Bolt Apps will be used and if the Passenger's request will be accepted via the Bolt Apps or not. The Fleet Partner acknowledges and agrees that it has complete discretion to provide its services or otherwise participate in other business or employment activities.
10.7. The Driver, if employed or contracted by the Fleet Partner, is subject to the Fleet Partner’s sole instructions. This means that Drivers are not allowed to drive from the business premises of the Fleet Partner without the appropriate instructions.
10.8. If a Passenger makes a direct transport request to the Drivers (or to the Fleet Partner in the role of driver), this may not be carried out.
11. PROCESSING OF PERSONAL DATA
11.1. Bolt collects personal information such as name, address, telephone number, e-mail address, vehicle information, license plates and location-related information from the Fleet Partner / Driver to enable the Bolt Apps and Bolt Services to function as intended.
11.3. The misuse of personal data (including Passenger’s data) by the Fleet Partner and/or Drivers is strictly prohibited and will result in immediate termination of the Agreement.
12.1. The Bolt Platform is provided on an "as is" and "as available" basis. Bolt Austria, Bolt Group Companies, Bolt Partners or any of their subsidiaries make no warranty 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, Bolt Austria does not guarantee that the Fleet Parner’s / Driver’s usage of the Bolt Platform will result in any Transportation Service requests. Bolt Austria, Bolt Group Companies, Bolt Partners are not responsible for the proper functioning of the Bolt Apps / Bolt Platform nor for any loss or damage that may result therefrom.
12.2. Bolt Austria, Bolt Group Companies, Bolt Partners and/or its agents, directors and employees shall not be liable, to the maximum extent permitted by applicable law, for any loss or damage that may arise out of or in connection with this Agreement or the use of the Bolt Apps and/or Bolt Platform and/or Bolt Services, including, but not limited to: direct or indirect property damage or financial loss;
loss of profit or anticipated savings;
loss of business, contracts, contacts, goodwill, reputation and any * loss that may arise from the interruption of the business;
loss or inaccuracy of data; and
any other type of loss or damage.
12.3. The financial liability of Bolt Austria in connection with the violation of this Agreement shall be limited to EUR 500 per Fleet Partner. The Fleet Partner / Driver shall have the right to claim for damages only if Bolt Austria, Bolt Group Companies, Bolt Partners has deliberately violated this Agreement.
12.4. For the avoidance of doubt, Bolt Austria, Bolt Group Companies, Bolt Partners does not guarantee the receipt of any requests from the Passenger and can in no way be considered as acting on behalf of the Passenger.
12.5. Bolt Austria strives to remove unpleasant users of the Bolt Apps. That being said, Bolt Austria shall not be held liable for the actions or omissions of Passengers or co-passengers using the Bolt Apps, and shall not be held liable for any loss or damage that may incur to the Fleet Partner / Driver or the Vehicle as a result of the actions or omissions of the Passengers or co-passengers.
12.6. The Fleet Partner / Driver shall be fully liable for breaching the T&Cs, this Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from Bolt Austria or any public authority. the Fleet Partner / Driver shall indemnify Bolt Austria, Bolt Group Companies, Bolt Partners for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that Bolt Austria, Bolt Group Companies, Bolt Partners may occur in connection with the Fleet Partner’s / Driver’s breach of the T&Cs, this Agreement and any other applicable laws and regulations. If the Passenger presents any claims against Bolt Austria in connection with the Fleet Partner’s / Driver’s provision of Transportation Services, then the Fleet Partner / Driver shall compensate such damage to the damaged party in full within 7 (seven) days as of the Fleet Partner’s / Driver’s receipt of the respective request from Bolt Austria. In case Bolt Austria is entitled to present any claims against the Fleet Partner / Driver, then the Fleet Partner / Driver shall compensate the damaged party any legal costs related to the evaluation of the damages and the submission and enforcement of claims relating to compensation for such damages.
12.7. The Fleet Partner / Driver must comply with all tax and trade obligations that may arise in connection with the performance of the Fleet Partner’s / Driver’s obligations under the Agreement or the provision of Transportation Services. The Fleet Partner / Driver must indemnify Bolt Austria, Bolt Group Companies, Bolt Partners against all tax, customs, duties, claims and penalties, as well as any trade-related penalties arising from the Fleet Partner’s / Driver’s failure to comply with the Fleet Partner’s / Driver’s tax and / or trade obligations (including, but not limited to, social security tax).
13. TERM AND TERMINATION
13.1. The conditions expressly specified in the T&Cs shall enter into force as of the Fleet Partner’s / Driver’s submission and acceptance by Bolt Austria of the signup application. The Agreement and other terms shall enter into force once the specific document or message has been made available to the Fleet Partner / Driver and the Fleet Partner / Driver starts or continues providing Transportation Services on Bolt Platform using Bolt Services.
13.2. The Fleet Partner may terminate the Agreement at any time by notifying Bolt Austria at least 7 (seven) days in advance, thereby ending the Fleet Partner’s / Driver’s right to use the Bolt Platform, Bolt Apps and Bolt Services.
13.3. Bolt Austria may terminate this Agreement with a notice period of 7 (seven) days at any time and for any good reason with immediate effect, reserving the right to block immediately the accesses related to any Fleet Partner, Driver or Vehicle.
13.4. Bolt Austria may immediately terminate the Agreement and/or block the access to the Bolt Platform, Bolt Fleet Partner Account, Bolt Driver Account and Bolt Services without prior notice in case of material breach of Agreement, any applicable laws or regulations (including violation by the Fleet Partner / Driver of the duty to return), disparage of Bolt Austria, Bolt Group Companies or Bolt Partners, or cause harm to Bolt's brand, reputation or business, including for Passenger complaints, as determined in Bolt Austria’s sole discretion.
Bolt Austria may, at its sole discretion, prohibit the Fleet Partner, the Drivers and any Vehicle from registering a new account.
13.5. Bolt Austria may immediately block the Fleet Partners / Diver's access to the Bolt Platform, Bolt Fleet Partner Account, Bolt Driver Account, and Bolt Services during the investigation period if we suspect there is a violation of the Agreement or fraudulent activity. The access block is removed as soon as the investigation disproves such suspicions.
13.6. Bolt Austria is aiming at providing the highest quality service to all Passengers and therefore monitor the activity of Fleet Partners and Drivers though the system. If the Fleet Partner or Drivers do not meet the minimum service requirements, such as the obligation to have a certain minimum rating and activity score, Bolt Austria is entitled to immediately terminate the Agreement without giving any advance notice.
14.1. Bolt has the sole right to make changes to any of the documents of the Agreement. Changes to the Agreement will enter into force after they have been made available by email, Bolt Apps or Bolt Fleet Partner Account, and where the Fleet Partner / Driver have continued to provide Transportation Services using Bolt Services or Bolt Platform.
14.2. To amend the Agreement, Bolt Austria will publish a revised version on the website (http://Bolt.eu/legal/)) and provide notice in advance. If the Fleet Partner / Driver continue to use Bolt Services, the revised terms will be considered accepted.
15. APPLICABLE LAW AND JURISDICTION
15.1. The Agreement shall be governed by and construed and enforced in accordance with the laws of Austria.
15.2. All disputes that may arise in connection with the Agreement, whether in terms of their existence, validity, interpretation, performance, infringement, termination or otherwise, shall be settled by negotiation. If the dispute arising out of the Agreement, is not resolved by the negotiations, the dispute will be settled in the Court of Vienna (Austria).
16.1. The Fleet Partner is obliged to notify Bolt Austria promptly of any material change regarding the Fleet Partner, the Drivers and/or Vehicles (including contact information) and to ensure that any data or information inserted in the Bolt Fleet Partner Account and Bolt Driver Account are correct and up-to-date at any time.
16.2. Bolt Austria contact information: firstname.lastname@example.org
16.3. Any notification made under the Agreement shall be deemed satisfactory if (i) it is delivered in person, (ii) sent by courier with proof of delivery, (iii) sent by registered post, (iv) by e-mail or (v) via the Bolt Fleet Partner Portal or Bolt Apps. Any notice sent or posted in accordance with this clause shall be deemed received: (i) if delivered in person, at the time of delivery to the recipient; (ii) if delivered by courier on the date indicated by the courier as the date on which the envelope containing the notice was delivered to the recipient; (iii) if sent by registered mail, on the 10th day following delivery of the document to the post office; (iv) when disclosed on the Bolt Fleet Partner or the Bolt Apps; or (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
17. FINAL PROVISIONS
17.1. If any provision of the Agreement is held to be unenforceable, the parties shall replace the affected provision by an enforceable provision that approximates the intent and economic effect of the provision in question. If one of the provisions of this T&Cs is or becomes invalid, the validity of the other provisions shall not be affected.
17.2. Any failure or delay of a party to enforce a right under the Agreement shall not be deemed as a waiver of such a right.
Date of entry into force of the General Terms and Conditions: 23.12.2019