General Terms and Conditions for Passengers

These General Terms and Conditions (“GTC”) set out the terms and conditions applying to and governing the usage of the Bolt App - technology which connects passengers, fleet partners and drivers and helps to move around cities more efficiently.

The term “you”, “your” refers to the user who requests the provision of Transportation Service for itself or third parties via Bolt App (hereinafter also referred to as “User” or “Passenger”).

The term "us" or "we" refers to Bolt AMW GmbH, a private limited company, founded in the Republic of Austria (Hohlweggasse 30, Top/Tür Nr. GL2H 1030 Vienna, company registration number: 483139z, GISA registration numbers: 30263260, 31605038, 31605090, 31633659) (hereinafter also referred to as “Bolt Austria”).

Bolt Group companies means enterprises over which Bolt Technology OÜ (Vana-Lõuna tn 15 Kesklinna linnaosa, Tallinn Harju maakond 10135, Estonia, FN 12417834; Bolt Technology OÜ) exercises right of control (e.g. Bolt Technology OÜ subsidiaries) and Bolt Partners means local representatives, local branches, agents appointed or mandated by Bolt Technology OÜ (e.g. Bolt Austria or Payment Agent). _Payment Agent _means Bolt Operations OÜ (previously: Billify OÜ, Vana-Lõuna tn 15 Kesklinna linnaosa, Tallinn Harju maakond 10135, Estonia, company registration number: 14532901) which is responsible for providing technical support to facilitate payment process and / or invoicing. The Payment Agent can also handle and process complaints regarding payments. Fleet Partner means the company/sole trader that, on the basis of appropriate trade license, provides the Transport Services via its Drivers and Vehicles. Driver means the person, employed by or operating on behalf of the Fleet Partner, using the Vehicle._Transport Services _means the transport service a Driver is executing towards the Passenger on the basis of the instructions received by the Fleet Partner where the Passenger’s request, through the Bolt Platform, is previously received by the Fleet Partner in its own business premises or apartment and also accepted therefrom. _Fare _means the fee announced in Bolt App prior to carrying on a ride and which a Passenger is obliged to pay to the Fleet Partner for the provision of the Transport Services. _Bolt App _means a smartphone application intended for the Passengers to request and receive Transport Services.

In order to use Bolt App you must agree to the terms and conditions that are set out below. By registering the user account, the Users acknowledge to have read, understood and accepted the GTC.

1. Using the Bolt app

1.1 Transport Services are provided by Fleet Partners, by means of the Drivers on the basis of a contract with you for the carriage of passengers (“Transportation Contract”). Fleet Partners provide transport services on an independent basis as economic and professional carrier. Please note that all disputes arising from or in connection with the Transportation Contract will be resolved between you and Fleet Partners / Drivers as may be the case. The Transportation Contract enters into force with the acceptance of your order by the Fleet Partner via Bolt App according to the agreement between you and the Fleet Partner.

1.2 Data regarding the Fleet Partners, the Drivers and their Transport Service is available in the Bolt app and receipts for journeys are sent to the email address listed in passenger’s profile.

1.3 When using the Bolt app, you can choose whether to pay directly to the Fleet Partner / Driver for the Transport Service (in cash) or use Bolt in-App Payment. Payments for Bolt Business rides are handled by a separate agreement for Business journeys. Fares will be inclusive of applicable taxes where required by law. Fees may include other applicable fees, without limitation, tolls, and/or surcharges including a booking fee and cancellation fee, municipal tolls, airport surcharges or processing fees for split payments.

1.4 The use of Bolt App requires the installation of the mobile application, the registration of a user account and the acceptance of these GTC. During the installation of Bolt App, the passenger’s mobile number is linked to the respective Bolt user account and added to our database. If you are no longer using this mobile number, you must notify Bolt Austria within seven (7) days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator might assign your previous mobile number to another person who later by using Bolt app will be able to see your data.

2. Promotional Codes

2.1 Bolt Austria, or Bolt Group Companies, may send you promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of a ride or other features or benefits related to the Transport Service and/or a Third Party’s service and are subject to any additional terms that are established on a per promotional code basis. Expiration dates of promotional codes will be reflected in-app once you have applied the promotional code to your account.

2.2 If your trip amount exceeds the redeemable credit allocated to your ride, the balance will be automatically deducted from your account’s payment method. Similarly, a promotional code credit only applies on a per ride basis and cannot be carried over to the next ride/ trip and therefore will be forfeited. Only one promotional code may be applied per trip.

2.3 Bolt Austria reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Bolt Austria deems that promotion codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.

3. Bolt in-App Payment

3.1 You can pay for the Fare for the Transport Services with a card, mobile carrier billing and other payment methods (eg: Bolt Business etc), including In-App Payment (through the Payment Agent), which require prior activation in the Bolt App. Your payment obligation towards the Fleet Partners is fulfilled when the payment order is given to transfer funds for the Fare to the dedicated bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.

3.2 When making payments by Bolt in-App Payment, your payments are received and forwarded to the Fleet Partner, and the Payment Agent forwards only the amounts to the Fleet Partner. Bolt Austria may ask additional data from you to verify payment method.

3.3 When making payments by Bolt in-App Payment for transport services, Bolt Austria, Bolt Group Companies, Bolt Partners are not responsible for possible third-party payment costs (mobile operators, bank fees etc). These service providers may charge you additional fees when processing payments in connection with the Bolt in-App Payment. Bolt Austria is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.

3.4 Bolt Partners will be responsible for the functioning of Bolt in-App Payment and provide support in resolving problems. The resolution of disputes related to Bolt in-App Payment also takes place through us. For payment support service please contact: vienna@bolt.eu. Inquiries submitted by e-mail or Bolt App will receive a response within seven (7) business days. Bolt Austria will try to resolve Bolt in-App Payment related complaints and applications within seven (7) business days. Notwithstanding the processing periods specified herein, Bolt Austria, Bolt Group Companies or Bolt Partners shall not be held liable if the processing of your complaint takes in fact more time.

4. Ordering and cancelling transport services

4.1 If you order a Transport Service and the Fleet Partner has agreed to the request then the transport service is considered to be ordered, and you will enter into the Transport Contract with the Fleet Partner. Bolt Austria does not provide journeys and is not a party to the Transport Contract.

4.2 Cancelling the use of an ordered Transport Service which has been accepted by the Fleet Partner is considered to be the situation where your request was accepted by the Fleet Partner and you subsequently reject, cancel or refuse the transport service. When a Transport Service is cancelled after certain time period determined in Bolt App, you are required to pay a cancellation fee.

4.3 If you cancel a Transport Service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (eg: 6 month). After that period you could ask to reactivate your account and your application will be reviewed.

4.4 When the Driver / Fleet Partner notifies the Passenger about the arrival of the vehicle to its destination and the passenger or people for whom the transport was ordered do not arrive at the vehicle within certain time period as specified in the Bolt app, the request will be deemed cancelled. Sometimes your request may be cancelled by the transport service provider. Please note that Bolt Austria is not responsible for such situations.

4.5 Once the Driver arrives and sends you a notification that he/she has arrived the Bolt App may begin charging fare on a waiting time basis according to the rates specified in the Bolt App.

4.6 If you have requested Transport Services using the Bolt App and cause damage to the vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the Fleet Partner and/or Driver will have the right to require you to pay a penalty of 50.00 (fifty) EUR and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, Bolt Austria may pursue the claims on behalf of the provider of the transport service.

4.7 If you wish to change the destination to which the Driver shall transport you to, you shall change the destination within the Bolt App.

5. License to use Bolt app

5.1 As long as you comply with these GTC, you are granted a royalty free, revocable, non-exclusive, right to access and use the Bolt App in accordance with these GTC, the Privacy Policy and the applicable app-store terms. You shall not transfer or sub-license the right to access and use the Bolt app. In the event that your right to use Bolt App is cancelled, the corresponding non-exclusive licence will also be cancelled. The license to use and access to the Bolt app is revocable by Bolt Austria at any time at its sole discretion.

6. Liability

6.1 We cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of Transport Services. As the usage of Bolt App for requesting Transport Services depends on the behaviour of the Fleet Partners. Bolt Austria, Bolt Group Companies, Bolt Partners neither guarantee nor shall be held liable for your requests on transport always being accepted by a Fleet Partner.

6.2 The Bolt App is used as the means for organising the provision of Transport Services.

6.3 The consumer’s right of refund is not applied to Bolt App orders. Requesting a refund from the Transport Service does not withdraw you from this agreement in the course of which the provision of the Transport Service was ordered.

6.4 The Bolt App is provided on an "as is" and “as available” basis. We do not represent, warrant or guarantee that access to Bolt App will be uninterrupted or error free. In case of any faults in the software, we will endeavour to have those corrected as soon as possible, but please keep in mind that the functioning of the Bolt App may be restricted due to occasional technical errors and we are not able to guarantee that the Bolt App will function at all times, for example a public emergency may result in a service interruption.

6.5 Bolt Austria, Bolt Group Companies, Bolt Partners, their affiliate companies business partners, their representatives, directors, employees are not liable for any loss or damage that you may incur as a result of using Bolt App or relying on, the journey contracted for through the Bolt App, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data; and any other type of loss or damage.

6.6 The financial liability of Bolt Austria, Bolt Group Companies, Bolt Partners in connection with breach of this GTC will be limited to 50.00 (fifty) euros. You will have the right to claim for damages only if Bolt Austria, Bolt Group Companies, Bolt Partners have deliberately with gross negligent violated the GTC. Bolt Austria, Bolt Group Companies, Bolt Partners will not be liable either for the actions / omissions of the Fleet Partner / Driver or for damages that are caused to the Passengers.

6.7 You agree to fully indemnify and hold Bolt Austria, Bolt Group Companies, Bolt Partners, its affiliate companies, business partners, their representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Bolt App (including the journeys you obtain through your use of the Bolt App).

6.8 Bolt Austria may immediately end your use of the Bolt App if you breach these GTC or we consider it necessary to protect the integrity of Bolt Austria, Bolt Group Companies, Bolt Partners and/or their affiliate companies business partners or the safety of Drivers.

6.9 Bolt Austria shall not be liable to issue invoices. The invoice for the provision of Transport Services will be sent to the email indicated by the User or delivered in person upon conclusion of a ride, upon request of the passenger, by the Fleet Partner / Driver.

7. Good practice using the Bolt app

7.1 As Bolt Austria is not a provider of the Transport Services, any issues with defects or quality of the Transport Services will be resolved in accordance with the rules and regulations of the Transport Contract and by the relevant public authority. We support the Passengers in settling any dispute with the Fleet Partner / Driver in an amicable way.

7.2 We ask to fill out a feedback form in the Bolt App. This enables us to offer suggestions to the Fleet Partners and Drivers for improving the quality of their service.

7.3 We expect you to use Bolt App in good faith and be respect the Fleet Partners / Drivers who offer or actually provide their Transport Services through the Bolt App. Bolt Austria retains the right to close your account if you have violated the terms set out in this GTC or if your activities are malicious, i.e. withholding payment for the provision of the transport service, fraud, being disrespectful towards the drivers, etc. In these cases, your Bolt app account may be revoked without prior notice.

7.4 Bolt Austria will make every effort to ensure that only taxi and car rental companies and their drivers, who have integrity and are respectful of their profession and passengers, use the Bolt app. However, we are not in the position to guarantee that every Fleet Partner / Driver, available in Bolt App, satisfies the aforementioned criteria and the applicable legal provisions, at all times. If you experience objectionable Transport Service, please notify us or our customer support.

8. Personal Data

By opening a Bolt App account, the Passenger agrees to your personal data being processed in accordance with the Privacy Policy available at https://bolt.eu/legal.

9. Amendments to the General Terms and Conditions / Termination

9.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or Bolt App notifications. If you continue using Bolt app, you will be deemed to accept the amendments.

9.2 You can terminate these GTC at any time and without a notice period.

10. Final Provisions

10.1 The General Terms and Conditions will be governed by, and construed and enforced in accordance with the laws of Austria. If the respective dispute resulting from these General Terms could not be settled by the negotiations, then the dispute will be finally solved in the Court of Vienna. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. If one of the provisions of this GTC is or becomes invalid, the validity of the other provisions shall not be affected.

10.2 These General Terms and Conditions apply for using the Bolt App in the territory of Austria, if you wish to use the Bolt App outside of Austria, please refer to the General Terms and Condition and Privacy Policy of that other country, available at: https://bolt.eu/legal/

10.3 Any complaints and reclamations can be sent to our support team at the following e-mail address: vienna@bolt.eu.

Date of entry into force of the General Terms and Conditions: 01.09.2019