Terms and Conditions applicable to Tourism Operators in Lisbon (tuk tuk)

You can download these Terms and Conditions for your future reference here.

Effective Date: September 2023

The present general terms and conditions constitute a legally binding contract (further described below, the "Agreement") between Bolt Operations OÜ, a commercial company with registered office at Vana- Lõuna tn 15, Tallinn 10134, Estonia, registered under number 14532901 ("Bolt"), and the tourism entertainment company ("Tourism Operator") governing the use of the Bolt App, the Website, the Software and the Bolt Platform (all as defined below).

The use of the Bolt Platform services by Tourism Operators is dependent upon the provisions of this Agreement and the acceptance of the Terms and Conditions described below.

DEFINITIONS

a. Bolt App - smartphone application for drivers and passengers to request and receive services, namely Tourism Entertainment Services.

b. Bolt Accounts - Tourism Operator Account and/or Driver Account (as applicable).

c. Tourism Operator Account - access to a website containing information and documents relating to the use of the Bolt App in the context of the provision of Tourism Entertainment Services. The Tourism Operator can access the Tourism Operator Account through the link https://bolt.eu/pt-pt/driver/, by entering the assigned username and password.

d. Driver Account - a Driver portal subordinated to the Tourism Operator Account with relevant information and documents about Tourism Entertainment Services performed by the Driver on behalf of the Tourism Operator. The Driver can access the Driver Account via the link https://bolt.eu/pt-pt/driver/ or via the Bolt App by entering the assigned username and password.

e. Agreement - the contract between the Tourism Operator and Bolt for the use of the Bolt Services, consisting of:

these Terms and Conditions (including the ANNEX); and
other additional terms and conditions or documents which are expressly referred to herein or otherwise apply in the future between the Tourism Operator and Bolt.

f. Tourism Entertainment Services Contract - a contract between the Tourism Operator and the Passenger, which is attached to these Terms and Conditions as an ANNEX and consists of the provision of tourism entertainment services in the form of tours with tuk-tuks vehicles for tourists, which more precisely include pick-up, sightseeing tour and drop-off. The pick-up and drop-off locations are specified by the Passenger through the Bolt App as provided for in the Tourism Entertainment Services Contract attached hereto.

g. Driver - natural person at the service of the Tourism Operator, that carries out Tourism Entertainment Services by driving the vehicle assigned to the Tourism Services after registration and through the use of the Bolt Platform. For the avoidance of doubt, the Driver can be the same person as the Tourism Operator if his/her activity is set up as a sole proprietorship. Each Driver will have a personal Driver Account to use the Bolt App and the Bolt Platform.

h. Tourism Operator - a commercial company, a cooperative, or a sole proprietorship, duly registered in the national register of tourism entertainment operators (RNAAT) managed by Turismo de Portugal, I.P. and that provides the Tourism Entertainment Services.

i. In-App Payment - bank card, mobile device payment, and other payment methods used by the Passenger to pay for Tourism Services through the Bolt App.

j. Passenger or User - a person who requests Tourism Entertainment Services through the use of the Bolt Platform.

k. Bolt Platform or Software - Bolt's technology comprising the Bolt App, Website and software owned by Bolt that enables the connection between Passengers and Drivers acting on behalf of the Tourism Operators.

l. Tour Price - the price the Passenger is obligated to pay the Tourism Operator for the provision of the Tourism Entertainment Services.

m. Bolt Services - services that Bolt provides, including the provision and maintenance of the Bolt App, Bolt Platform, means of payment through the Bolt Platform, customer support, communication between Tourism Operators, through Drivers acting on their behalf, and Passengers, and other similar services.

n. Tourism Entertainment Services - tourism entertainment services in tuk-tuk vehicles that a Tourism Operator or a Driver acting on its behalf provides to a Passenger whose request has been accepted through the Bolt App.

o. Intermediation Fee - the fee the Tourism Operator agrees to pay to Bolt in order to use the Bolt Services, based on each Tourism Entertainment Services provided by the Tourism Operator, as further detailed in clause 8 below.

p. Website - website located at http://www.bolt.eu.

1. TOURISM ENTERTAINMENT SERVICES

1.1 Bolt provides the Bolt Platform as a digital marketplace that allows Tourism Operators through Drivers acting on their behalf to receive requests from Users for Tourism Entertainment Services.

1.2 Tourism Entertainment Services are provided to Users by a Tourism Operator as an independent company from Bolt (via Drivers acting on behalf of Tourism Operators). Bolt does not provide Tourism Entertainment Services. Any workers, employees or contractors of the Tourism Operator, including Drivers, shall not be considered employees of Bolt. In carrying out an activity for its own account, it is acknowledged and agreed that the Tourism Operator shall determine, in its sole discretion:

if and when to use the Bolt Services; and
if, when, and where to provide Tourism Entertainment Services.

1.3 Bolt provides the Tourism Operator with access to a Tourism Operator Account (as further detailed in clause 2 below). When a Tourism Operator admits a Driver to its service, the Driver will not be able to use the Bolt Services without having completed the process of admission to the Bolt Platform as a Driver, including the creation of a Driver Account (as further detailed in clause 2 below).

1.4 This Agreement does not imply any exclusivity obligation for the Tourism Operator. The Tourism Operator has the right to provide passenger transportation services independently of this Agreement (by engaging with Drivers acting on its behalf in respect of this Agreement or otherwise) and to use similar software services for the purpose of providing its services within the scope of its activity for its own account.

1.5 The Tourism Operator undertakes to pay an Intermediation Fee related to the Tourism Entertainment Services pursuant to clause 8.

1.6 Bolt does not guarantee the User's submission of requests and can in no way be considered to be acting on behalf of or in the name of the User. Bolt merely makes the connection between the Tourism Operator and the Users so that the Tourism Operator can provide Tourism Entertainment Services to the User.

1.7 Each Tourism Entertainment Service provided by the Tourism Operator to a User shall constitute an independent contract between those parties, and such contract shall come into force from the moment the Tourism Operator (or a Driver acting on its behalf) accepts the request for Tourism Entertainment Services from and to that same User. Bolt is limited to providing the Bolt Services that facilitate the conclusion of such Tourism Entertainment Services Contract under clause 4.

1.8 Tourism Operators shall be duly registered as entertainment tourism company in RNAAT and have up to date mandatory insurance policies, under the terms laid down in Decree Law No. 108/2009, of May 15 (the “2009 Decree Law”). Tourism Operator’s Drivers shall be registered on the Bolt Platform.

1.9 The Tourism Operator acknowledges and accepts that, in accordance with the provisions of Articles 11 and 18 of the 2009 Decree Law, the exercise of activity by entertainment tourism companies in Portugal is dependent on prior registration with RNAAT. The Tourism Operator is responsible for compliance, at all times when Tourism Entertainment Services are provided, with all requirements under the 2009 Decree Law as well as any rules relating to its access to and exercise of the activity of tourism entertainment, including maintaining a valid registration with RNAAT.

1.10 It is the Tourism Operator’s responsibility to ensure that all Drivers providing Tourism Entertainment Services on its behalf (i) hold the appropriate valid driving licence and (ii) comply with all legal requirements in effect, including the 2009 Decree Law, which for instance requires that tuk-tuk Drivers to:

provide information to the Passenger before the start of the activity on the rules of use of the tuk-tuk, relevant environmental legislation and behaviour to be adopted in a situation of danger or emergency, as well as information regarding the training and professional experience of the Driver; and
carry a working timetable and a document bearing the Tour Operator's identification, which he/she will show to any competent body that requests it.

1.11 The Tourism Entertainment Services provided by the Tourism Operators are carried out through the use of tuk-tuk vehicles, which must be registered first on the Bolt Platform. The Tourism Operator recognizes and accepts that the vehicles assigned to the Tourism Entertainment Services comply at all times with the legal and regulatory rules that may be applicable to vehicles assigned to such type of activity, including licensing or authorization by the respective municipalities.

1.12 The Tourism Operator shall ensure compliance with existing national, regional or local rules regarding the setting of quotas. The Tourism Operator assumes responsibility for ensuring that it is at all times in compliance with its obligations regarding the setting of quotas, and should, if necessary, adjust the number of vehicles allocated to its activity to timely compliance with these rules.

1.13 It is the Tourism Operator who determines when it is providing Tourism Entertainment Services, so it may accept, decline or ignore Tourism Entertainment Services. The Tourism Operator is then obliged to provide Tourism Entertainment Services once the Tourism Operator or the Driver acting on its behalf has accepted the request for Tourism Entertainment Services from a User, subject to relevant unforeseen circumstances (e.g. a mechanical breakdown).

1.14 Only vehicles previously registered and validated by Bolt for the provision of Tourism Services are allowed on the Bolt Platform. Whenever a vehicle needs to be replaced, or there is any change to the existing information, the Tourism Operator undertakes to (i) make any necessary updates through the Tourism Operator Account and (ii) not use such vehicle until the vehicle replacement is regularized in the Tourism Operator Account.

2. AGREEMENT BETWEEN TOURISM OPERATOR AND BOLT AND CREATION OF BOLT ACCOUNTS

2.1 Before downloading and using the Software, the Tourism Operator must create a Tourism Operator Account and, by doing so, the Tourism Operator agrees to be bound by this Agreement. As part of the registration process, the Tourism Operator must provide certain registration information. Bolt reserves the right to review such registration information and will determine, in its sole discretion, whether or not to accept the Tourism Operator's account request.

2.2 Upon acceptance of the Tourism Operator's account application, Bolt will provide the Tourism Operator with a personal account accessible through a username and password chosen by the Tourism Operator that must be used to access the Software.

2.3 The username and password are unique to the Tourism Operator and are not transferable without Bolt's express written permission. The username and password are the methods used by Bolt to identify users of the Software and are therefore of utmost importance. The Tourism Operator is responsible for all information posted and used on the Software by anyone using the Tourism Operator’s username and password. The Tourism Operator must notify any breach of security of a username and password immediately to Bolt.

2.4 By clicking the "Register" button located at the bottom of the account application, the Tourism Operator represents and warrants: 2.4.1 that under the law, to be eligible to enter into a contract with Bolt to use the Bolt Services; 2.4.2 to have carefully reviewed, fully understand and agree to be bound by this Agreement, including all obligations arising for You under the terms herein; 2.4.3 that all information provided to Bolt by the Tourism Operator is, and will continue to be, accurate, correct and complete; 2.4.4 that will not allow other persons to use the Tourism Operator’s account or transfer or assign it to other persons, without Bolt's express written permission; 2.4.5 that will not use the Software for illegal or unauthorized purposes that may impair the proper functioning of the Software; 2.4.6 that will not copy or distribute the Software, or other content from Bolt without Bolt's prior written permission; 2.4.7 that is in full agreement with Bolt's Privacy Policy available at this website: https://bolt.eu/pt-pt/legal/; and 2.4.8 to comply and that will comply throughout the duration of the Agreement with the legislation and regulations in force regarding the access and exercise of the activity of tourism entertainment in Portugal, including the rules foreseen in the 2009 Decree Law.

2.5 After sending the account request,the Tourism Operator will receive an email with additional conditions that must be met to use the Software and which form an integral part of this Agreement.

2.6 Through the Tourism Operator Account, the Tourism Operator must register the Drivers acting on its behalf (which may include itself) and their vehicles, and upload the necessary information and documents in that regard. Bolt reserves the right to review such registration information and may refuse the registration of a driver who is not suitably qualified or whose conduct has previously caused (or would have caused) Bolt to restrict access to the Bolt Platform in association with a Tourism Operator Account for a serious or material breach of these Term and Conditions. If the registration is accepted, Bolt will provide the Tourism Operator with a personal Driver Account for each of the Drivers acting on its behalf and registered by the Tourism Operator (including the Tourism Operator itself, if he or she also registers as a Driver). Drivers acting on behalf of the Tourism Operator will access the Bolt Platform in association with the Tourism Operator Account. Log-in details for Drivers are personal to the individual. For safety and compliance reasons, the Tourism Operator must not allow any person to use a personal Driver Account that does not belong to them. Bolt does not prohibit the Tourism Operator from allowing any individual Driver acting on its behalf to have the Tourism Entertainment Services contractually performed by a sub-contractor of that Driver, provided that all legal requirements are met and that such sub-contractor is registered on the Bolt Platform as a Driver of the Tourism Operator. In these circumstances, the Tourism Operator remains responsible for ensuring that all laws and regulations in relation to the Tourism Entertainment Services are complied with.

2.7 The Tourism Operator is responsible to Bolt for any breach of these Terms and Conditions caused by the actions and inactions of the Drivers acting on its behalf.

2.8 The Tourism Operator warrants, represents and agrees that it will keep its Tourism Operator Account profile and the associated Driver Account profiles constantly updated.

3. GRANTING OF LICENCE

3.1 Subject to the Tourism Operator's compliance with this Agreement, Bolt hereby grants to the Tourism Operator a non-transferable, non-sublicensable, non-exclusive, revocable licence to access and use the Bolt Services in accordance with the terms of this Agreement, as well as Bolt's policy regarding the privacy of the personal data provided, and for the sole duration of the Agreement with Bolt. Notwithstanding the above, the Tourism Operator may grant to Drivers providing Tourism Entertainment Services on its behalf a sub-licence to use the Bolt Services and the Driver Account for the sole purpose of providing Tourism Entertainment Services. No other rights are granted, except with the prior written consent of Bolt.

3.2 All intellectual property rights affecting the Software, its contents and any related documentation existing anywhere in the world belong to Bolt or its licensors and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any form without Bolt's prior written consent.

3.3 All intellectual property rights and copyrights affecting the Software, including the software code and database are licensed - not sold - to the Tourism Operator and are owned by Bolt (or its licensors) and protected by applicable copyright and/or trade secret laws and international treaties. The Tourism Operator does not acquire any ownership rights in the Software, its contents or any related documentation. Bolt retains all rights related to the Software, its content and any related documentation, except as expressly provided in this Agreement.

4. TOURISM ENTERTAINMENT SERVICES

4.1 The Tourism Operator agrees that by accepting (by itself or by Driver acting on its behalf) a request for Tourism Entertainment Services made by a User, it is entering into a Tourism Entertainment Services Contract with the User for the provision of Tourism Entertainment Services under the terms set forth in the ANNEX to this Agreement, with respect to which Bolt is unrelated.

4.2 In the context of providing Tourism Entertainment Services, these shall only be permitted in the Lisbon historical centre. However, if they are undertaken in breach of this Agreement and outside this area, Bolt shall not be liable for any fraud or attempted fraud and shall therefore not be responsible for any payments that are not successfully processed. If the Tourism Operator agrees to undertake a tour outside Lisbon Historical Centre, such tour shall be deemed to be undertaken outside the scope of the Bolt Services and this Agreement shall not apply to such tour.

4.3 To help facilitate the terms of the Tourism Entertainment Services Contract conveniently, the terms of each Tourism Entertainment Services Contract are set forth in the ANNEX to this Agreement, and the Tourism Operator is responsible for reading, understanding and accepting said Tourism Entertainment Services Contract. Under the Tourism Entertainment Services Contract, Tourism Operator, in addition to its other obligations, undertakes: 4.3.1 to provide (or to ensure that each Driver acting on its behalf provides) the Tourism Entertainment Services in compliance with the applicable laws and regulations in force in Portugal, whether national, regional, municipal or international, through the Bolt App, including, but not limited to, holding all necessary licences, authorizations and registrations for such purpose, namely those provided for the activity of tourism entertainment providers. The Tourism Operator acknowledges that it is fully responsible for any violation of any laws and regulations, whether national, regional, municipal, or international, that may arise from the provision of the Tourism Entertainment Services; 4.3.2 (when a request for Tourism Entertainment Services has been accepted) to provide (or to ensure that each Driver acting on its behalf provides) the Tourism Entertainment Services in a professional manner, in accordance with the professional ethics applicable to the provision of tourism entertainment services; 4.3.3 to always have valid automobile, civil liability and personal accident insurances and any other insurance that is required for the provision of tourism entertainment activity; 4.3.4 to ensure that the vehicles assigned to the Tourism Entertainment Services provided by it comply with all legal requirements and standards relating to their circulation, parking and use for the purposes of tourism entertainment activity in tuk-tuk; 4.3.5 to ensure that the vehicles assigned to the Tourism Entertainment Services are duly licensed under the terms of any applicable legislation; 4.3.6 to ensure that the provision of the Tourism Entertainment Services by the Drivers complies with the provisions agreed by this Agreement regarding the Tour Price and forms of payment; 4.3.7 to ensure that the Drivers acting on its behalf comply with all legal and regulatory requirements regarding the provision of Tourism Entertainment Services; and 4.3.8 to comply with all requirements relating to access and exercise of the activity of tourism entertainment, including those relating to prior registration to exercise the activity, provided in particular by the 2009 Decree Law.

4.4 The Tourism Entertainment Services Contract provides the relevant provisions regarding the Tourism Operator's relationship with the User, including matters relating to additional costs, cancellation fees, insurance and other matters. By accepting a request for Tourism Entertainment Services from a User, the Tourism Operator acknowledges and agrees that the provision to the User of Tourism Entertainment Services by the Tourism Operator is made pursuant to the terms of the Tourism Entertainment Services Contract. Bolt is not a signatory party to the Tourism Entertainment Services Contract. Without prejudice to Bolt's legal obligations, the Tourism Operator assumes liability to the User for its obligations under that contract.

4.5 Although Bolt is not a party to the Tourism Entertainment Services Contract, the Tourism Operator also warrants, represents and agrees for Bolt's benefit that it undertakes to fully comply with subclauses 4.3.1 to 4.3.8 inclusive.

4.6 Requests for trips made by Users through the Bolt Platform must be accepted and executed in accordance with all applicable laws under the sole responsibility of the Tourism Operator and, if applicable, the Driver acting on its behalf.

4.7 Before providing Tourism Entertainment Services, the Tourism Operator shall verify, or have its Drivers verify, that the service is actually being provided to the right Passenger or that the Passenger has expressly confirmed that it allows other passengers to travel at the Passenger's expense.

4.8 The Tourism Operator must not engage with or allow any fraudulent behavior on the Bolt Platform in association with the Tourism Operator’s account. Any fraudulent behavior in association with the Tourism Operator’s account caused or allowed by a Driver acting on the Tourism Operator’s behalf will be considered a material breach of this Agreement by the Tourism Operator.

4.9 The Tourism Operator agrees that a Tourism Entertainment Service may be fulfilled by any reasonable route and in compliance with any applicable traffic rules and regulations. Bolt does not set any route restrictions.

5. TOUR PRICE

5.1 The Tour Price is charged for each Tourism Entertainment Service performed upon a User’s request and mediated through the Bolt App.

5.2 The Tourism Operator and Bolt agree that for each Tourism Entertainment Service performed, the Tour Price will be in the amount of 90.00 EUR (ninety euros) in the first hour, after which EUR 1.50 (one euro and fifty cents) per minute will be added.

5.3 The minimum amount of the Tour Price for each Tourism Entertainment Service carried out by request and mediated through the Bolt App will always be at least a minimum of EUR 90.00 (ninety euros), regardless of whether the Tourism Entertainment Service lasts one hour or not.

6. PAYMENT OF THE TOUR PRICE

6.1 The User may only pay the Tour Price for the Tourism Entertainment Service via In-App Payment. If no technical or other error is displayed during payment, the Tourism Operator cannot request a separate amount for the Tour Price from the User.

6.2 The Tourism Operator hereby authorizes Bolt as its commercial agent to receive the Tour Price and any other fees paid by the Passengers via In-app Payment and to forward the relevant funds to the Tourism Operator. Any payment obligation made by the Passenger via the In-app Payment shall be considered fulfilled as of the time that the payment has been made.

6.3 Bolt is released from the obligation of any payments to the Tourism Operator owed by the User if the In-App Payment fails if the User's credit card or mobile device payment is cancelled, or is unsuccessful, for reasons not attributable to Bolt.

6.4 Bolt reserves the right to adjust the Tour Price in cases where an irregularity or violation is detected (such as not indicating the tour as completed on the Bolt App after the Tourism Entertainment Service has been fully completed) or if a technical error affecting the final Tour Price is detected. Bolt may also adjust the Tour Price if there are reasonable and legitimate grounds to believe that fraud has been committed or if a complaint by a Passenger indicates a breach of the Tour Operator’s obligations under this Agreement or a breach of legal and regulatory provisions applicable to the provision of the Tourism Entertainment Services. Bolt will only exercise this right in a reasonable and justified manner.

6.5 If the Tourism Operator or the Driver acting on its behalf detects that there has been an error in the calculation of the Tour Price and wishes to make corrections, a request must be submitted in the "fare review" section of the Bolt App. In the event that no request to revise the Tour Price has been submitted, Bolt shall have no obligation to recalculate the Tour Price and make any reimbursement and the Tour Price shall be deemed to have been accepted by the Tourism Operator and the Driver acting on its behalf.

7. CANCELLATION AND DAMAGE FEES

7.1 The Passenger may cancel a request for Tourism Entertainment Services that a Driver acting on the Tourism Operator’s behalf has already accepted via the Bolt App. In the event that a Passenger cancels a request for Tourism Entertainment Services already accepted after a certain period of time determined by the Bolt App, the Tourism Operator is entitled to a cancellation fee.

7.2 In case a Passenger does not show up at the requested pickup location after a certain time (as specified in the Bolt App), the Driver acting on the Tourism Operator’s behalf may also cancel a request, in which case the Passenger would have to pay a cancellation fee as specified in the Bolt App.

7.3 If, during a Tourism Entertainment Service, a Passenger or his co-passenger negligently damages the vehicle or any part thereof (including by staining the seats or in any way causing the vehicle to smell inappropriately), the Tourism Operator or a Driver acting on its behalf shall be entitled to require the Passenger to pay compensation for the amount of damage caused by the Passenger or his co-passenger. In any event Bolt accepts no liability for direct or indirect damage relating to the cleaning or maintenance of the vehicle caused by a Passenger.

8. BOLT INTERMEDIATION FEES

8.1 In return for using the Bolt Services, the Tourism Operator agrees to pay Bolt an Intermediation Fee based on each transaction in which the Tourism Operator provides Tourism Entertainment Services as a result of using the Bolt Services.

8.2 The Intermediation Fee is calculated as a percentage of the Tour Price of each Tourism Entertainment Service that has been provided to a Passenger. The percentage used to calculate the Intermediation Fee is communicated to the Tourism Operator by email, via the Bolt App and/or the Bolt Account.

8.3 The Tourism Operator acknowledges that the Intermediation Fee may change from time to time, but may not exceed 25% of the Tour Price (“Highest Rate of Intermediation Fees”). Bolt undertakes to provide the Tourism Operator with advance notice of any changes. Continued use of the Software by the Tourism Operator after any change to the Intermediation Fee constitutes consent by the Tourism Operator to such changes.

8.4 The Intermediation Fee may be deducted from the Tour Price paid by the Passenger for each Tourism Entertainment Service and collected by Bolt. Thus, for each Tourism Entertainment Service performed, Bolt will pay to the Tourism Operator the Tour Price paid by the Passenger minus the Intermediation Fee (as detailed in clause 9.1 below).

8.5 Bolt is not entitled to any Intermediation Fees in respect of tourism entertainment services provided by the Tourism Operator independently or through another electronic platform or through the provision of tourism entertainment services for its own account.

8.6 Please note that the Intermediation Fees chargeable may change from time to time, provided that the Intermediation Fees shall not go above the Highest Rate of Intermediation Fees. You undertake to pay Bolt the Intermediation Fees, as well as other fees due to Bolt, for the month in question no later than the 5th day of the following month.

8.7 In the event of delay or default in payment by the Tourism Operator under this Agreement, Bolt reserves the right (but shall not be obliged) to charge interest on the overdue amount from the due date to (but excluding) the date of actual payment at the rate of 10.5 % per annum. Such interest shall accrue daily, calculated quarterly and payable on demand.

9. PAYMENT METHODS

9.1 Bolt undertakes to transfer the sums received through In-App Payments that have been credited to Bolt's bank account each week, to the Tourism Operator's bank account no later than the 4th day of the following week. The Tourism Operator agrees that the Intermediation Fee will be deducted from the Tour Price. If the Tourism Operator requests a revision of a Tour Price in accordance with the terms of clause 6.5, Bolt shall only transfer the relevant sums after it has processed the Tourism Operator request for revision and, if applicable, carried out the revision. If the Tourism Operator has agreed separately, other amounts may be deducted from the Tour Price or added to the Tour Price (e.g. a bonus) before payment is made to the Tourism Operator.

9.2 In the event that the Tourism Operator disputes the amount of Bolt payments, Bolt reserves the right to withhold the disputed amounts until the dispute is resolved.

9.3 If the amount of the outstanding Intermediation Fee exceeds the amounts received through In-App Payments for a given week, the Tourism Operator undertakes to pay the outstanding amount to Bolt within 7 days of receipt of the request and agrees that such amounts will be deducted from any future payments from Bolt to the Tourism Operator.

10. BILLING MANDATE

10.1 By these terms and conditions, Bolt is expressly authorised to arrange for the issuance of the invoices to the Passengers for the Tourism Entertainment Services in the name and on behalf of the Tourism Operators, upon completion of each Tourism Entertainment Service and within a reasonable period of time.

10.2 In order for Bolt to arrange for the issuance of invoices correctly, the Tourism Operators shall ensure that Bolt has up-to-date billing information, such as its VAT status, NIF, name and address. In the event of any change about those details, the Tourism Operators undertake to communicate these to Bolt within 48 hours. In the absence of such communication, the changes may not be taken into account for the establishment of the invoices.

10.3 Invoices for each tour will be made available to the Tourism Operator and will also be sent to the User, in order to record the contract between the User and the Tourism Operator regarding the Tourism Entertainment Service. The Tourism Operators have a period of 72 hours from the time the invoice is made available to make any comments on the information mentioned or to contest its content.

10.4 The issuance of invoices issued under this billing mandate in no way releases the Tourism Operators from their invoicing obligations and their VAT consequences or any legal, tax and regulatory obligations in force in Portugal. The Tourism Operator remains solely legally liable for the VAT invoiced under the Tourism Entertainment Services provided.

10.5 Any invoices from the Tourism Operators to Bolt shall be issued to Bolt Operations OÜ.

11. PAYMENT REPORTS

The Tourism Operator is entitled to review reports of In-App Payments in the Tourism Operator Account. The reports will show the amounts of In-App Payments collected the previous week in relation to the Tourism Operator's Tourism Entertainment Services, as well as the amounts of the Intermediation Fee retained by Bolt. The reports will be made available to the Tourism Operator on a weekly basis.

12. USER REVIEWS

12.1 As part of the Bolt Services, Users may provide feedback in the form of ratings about the tours and the Drivers, acting on behalf of the Tourism Operator, who completed the Tourism Entertainment Services. These ratings may be made available to the Tourism Operator and potential Users as part of the Bolt App. The Tourism Operator should contact Bolt if the Tourism Operator has any issues with such User ratings.

12.2 To help the Tourism Operator in maintaining good User ratings, Bolt is committed to providing assistance with the Bolt Services, as well as providing guidance on steps the Tourism Operator may wish to consider to maintain good User feedback. Thus, it is up to the Tourism Operator to determine how it provides the Tourism Entertainment Services.

12.3 The possibility of rating Users is expressly forbidden.

13. MONITORING

Some metrics may be monitored by Bolt in order to ensure that the Tourism Operators are complying with their obligations under this Agreement and to preserve the integrity and maintain the operation of the Bolt Platform. Bolt makes all relevant information available to the Tourism Operators (including on the Tourism Operator Account) to enable the Tourism Operator to evaluate the performance of the fleet of vehicles. The Tourism Operator and/or Drivers acting on the behalf of the Tourism Operator may be notified, for information purposes, of some metrics associated with the Tourism Operator’s account and their evolution.

14. LITIGATION BETWEEN TOURISM OPERATOR AND USER

Since Bolt is not a party to the Tourism Entertainment Services Contract concluded between the User and the Tourism Operator, any disputes between the User and the Tourism Operator shall be settled directly between these same parties.

15. MARKET INFORMATION AND MARKETING CAMPAIGNS

15.1 Bolt may send to the Tourism Operator, via the Bolt App, Tourism Operator Account, SMS, email or any other means, market information in order to allow Tourism Operators to assess when passenger demand is highest. Such market overviews are merely information and do not constitute any obligations for the Tourism Operator. As the information is based on previous statistics, Bolt makes no guarantee that the actual market situation will correspond to the estimates provided in the market overview made available to the Tourism Operator.

15.2 Bolt may run offers or promotional campaigns from time to time. Further details of any promotional campaigns, and how Tourism Operators and/or Drivers acting on behalf of Tourism Operators will be eligible to participate in these, will be made available to You through the Bolt App or communicated otherwise.

15.3 Bolt may also develop campaigns in favour of Passengers in order to market the Bolt App. If the Tour Price is reduced as a result of such a campaign, Bolt agrees to pay the Tourism Operator a compensation equivalent to the monetary value of the benefit attributed to the Passenger. Bolt reserves the right to charge the amount of the marketing compensation to the Intermediation Fee owed by the Tourism Operator to Bolt.

16. RESPONSIBILITY

16.1 The Bolt Services, the Software, the Bolt App and the Bolt Accounts, their content and functionality, are provided on an "as is" and "as available" basis, and to the fullest extent permitted by law, Bolt disclaims all warranties, express or implied, regarding the Bolt Services, the Software, the Bolt App and the Bolt Accounts, their content and functionality. Bolt and its partners do not represent, warrant or guarantee that access to the Bolt App and Bolt Accounts will be uninterrupted or error-free. Since the use of the Bolt App to request Tourism Entertainment Services depends on the behaviour of Users, Bolt does not guarantee that the Tourism Operator's use of the Bolt App will result in requests for Tourism Entertainment Services. Bolt is not responsible for the proper functioning of the Software or the Bolt App nor for any loss or damage suffered by the Tourism Operator or Drivers acting on its behalf arising therefrom. The Tourism Operator acknowledges and agrees that the Software and the Bolt App may be used by the Tourism Operator or Drivers acting on its behalf to schedule Tourism Entertainment Services, but that Bolt has no liability or responsibility to the Tourism Operator or Drivers acting on its behalf with respect to any Tourism Entertainment Services except as expressly set forth in this Agreement.

16.2 To the extent permitted by applicable law, Bolt assumes no liability for any loss or damage that the Tourism Operator may incur in connection with the Agreement or as a result of the use of the Bolt App and/or the Bolt Accounts and/or the Bolt Services, which include, but are not limited to: 16.2.1 any direct or indirect material damage or monetary loss; 16.2.2 loss of anticipated profits or benefits; 16.2.3 loss of business, contracts, contacts, prestige, reputation and any loss that may arise due to business interruption; 16.2.4 loss or inaccuracy of data; and 16.2.5 any other indirect or consequential loss or damage.

16.3 Bolt will endeavour to remove unwanted Users from the Bolt App. However, Bolt accepts no responsibility for the actions or inactions of Users or their companions using the Bolt App and shall not be liable for any loss or damage suffered by the Tourism Operator as a result of the actions or inactions of Users or their companions.

16.4 Notwithstanding any liability owed to a third party imposed by law, the Tourism Operator will indemnify Bolt in respect of any losses incurred by Bolt in relation to (i) any violation of any applicable laws or regulations in connection with the provision of the Tourism Entertainment Services, including if such violation arises from a Driver acting on the Tourism Operator’s behalf, or (ii) any breach of the Tourism Operator’s obligations under the Tourism Entertainment Services Agreement.

16.5 The Tourism Operator assumes responsibility and liability for the performance of this Agreement and for the provision of the Tourism Entertainment Services. The Tourism Operator agrees to indemnify Bolt, its affiliates, officers and employees against any claims, liabilities, losses, damages, claims for profit, penalties, fines, costs and expenses of any nature whatsoever in connection with or arising out of the use of the Software, the Bolt App and/or the Bolt Accounts and/or the Bolt Services and the provision of the Tourism Entertainment, including (a) for breach of the Agreement, even if by right of recourse, or the documents incorporated by reference; (b) for the violation of any law or third party rights, including, without limitation, Users, other drivers and pedestrians, as a result of Tourism Operator's or a Driver acting on Your behalf’s interaction with such third parties; (c) for any allegation that any material that Tourism Operator sends to Bolt or transmits through the Software infringes or violates the rights, including intellectual property rights, of any third party; (d) for infringement of Tourism Operator's proprietary rights, and for any damages resulting from the use of a tuk tuk vehicle used in the provision of Tourism Entertainment Services; and/or (e) other activities related to the provision of Tourism Entertainment Services.

16.6 The Tourism Operator undertakes to comply with all tax obligations relating to the performance of its obligations under this Agreement and/or the provision of Tourism Entertainment Services through the Software. The Tourism Operator assumes full responsibility and agrees to indemnify Bolt and/or its affiliates for all tax expenses, duties, taxes, claims and penalties incurred by them arising from the Tourism Operator's failure to comply with its obligations (including, but not limited to, failure to pay income tax, social security contributions, national insurance or any payroll tax) and any other liability, deduction, contribution, assessment or claim arising out of or made in connection with the performance of the Tourism Entertainment Services and/or the use of the Software by the Tourism Operator. The Tourism Operator further agrees to indemnify Bolt for all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Bolt in connection with or as a result of such liability, deduction, contribution, assessment or claim.

16.7 The Tourism Operator assumes full responsibility and shall indemnify Bolt for and in relation to any liability arising out of any employment related claim or any claim based on employee status (including reasonable costs and expenses) brought by the Tourism Operator against Bolt arising out of or in connection with the provision of the Tourism Entertainment Services and/or the Tourism Operator's use of the Software.

16.8 Bolt has the right to share with the relevant tax authorities any information required by Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation, including but not limited to any consideration paid or credited to the Tourism Operator in connection with activities carried out through the Bolt Platform. If the Tourism Operator fails to provide the information required by the aforementioned Directive, Bolt has the right to (i) cancel the Tourism Operator’s account, (ii) prevent the Tourism Operator from re-registering on the Bolt Platform and (ii) withhold payment of the amount of the Tour Price, until the Tourism Operator provides the requested information.

17. HANDLING OF PERSONAL DATA

17.1 Bolt and the Tourism Operator remain separate data controllers regarding any personal data processed under the Agreement. Bolt and the Tourism Operator shall thereby: 17.1.1 adhere to all the applicable data protection laws, e.g. the General Data Protection Regulation 2016/679 (GDPR), including application of proper technical and organisational data protection measures. Bolt processes personal data as described in Bolt’s Privacy Policies. All available at https://bolt.eu/pt-pt/legal/ as applicable in the relevant territory, and as may be amended from time to time; 17.1.2 inform each other immediately about any data processing incidents or breaches related to performing the Agreement; and 17.1.3 reasonably assist each other in responding to the requests of data subjects and authorised public authorities.

18. DURATION AND TERMINATION

18.1 The Agreement becomes effective from the moment the Tourism Operator creates a Tourism Operator Account.

18.2 The Tourism Operator may terminate the Agreement at any time by giving Bolt at least thirty (30) days written notice (for instance by e-mail at the following address: portugal@bolt.eu).

18.3 Bolt may terminate the Agreement with a Tourism Operator, at any time and for any reason that it deems fit, by giving the Tourism Operator at least thirty (30) days’ notice in a durable medium (such as the e-mail address provided when the Tourism Operator opened the Tourism Operator Account) and with a statement of the reasons for this decision. The Tourism Operator will have the opportunity to clarify the facts and circumstances through Bolt internal complaints process.

18.4 The Tourism Operator is responsible for the access to the Bolt Platform of Drivers who do not comply with the legal requirements. Bolt reserves the right to terminate the Agreement and suspend the Tourism Operator Account and/or suspend any access in whole or in part in association with the Tourism Operator’s Bolt Account, without any prior notice, in the event of (i) a material or repeated breach by the Tourism Operator of any of its obligations under the Agreement and/or of any applicable laws or regulations or (ii) denigration aimed at Bolt or damage to the image, reputation or business of Bolt, as assessed by Bolt. If the Tourism Operator has violated the terms of the Agreement and/or any applicable laws or regulations, Bolt may, in its sole discretion, prohibit such Tourism Operator from registering a new account, or take other actions necessary to prevent such person from providing Tourism Entertainment Services through the Software.

18.5 Without prejudice to other legal grounds for contract termination, the following breaches by the Tourism Operator shall for instance be considered imperative reasons for immediate termination: (i) unauthorised lending of a Bolt Account or other fraudulent behaviour, (ii) failure to hold the documents and qualifications required to provide the Tourism Entertainment Services in accordance with Portuguese laws, (iii) cases of violence or criminal offence committed by the Tourism Operator or a Driver acting on its behalf against a Passenger during a Tourism Entertainment Services or against Bolt's employee.

18.6 Bolt may also terminate the Agreement immediately, after sending to the Tourism Operator a notice setting out the reasons for the termination, in the following cases: 18.6.1 Bolt is subject to a legal or regulatory obligation to terminate the provision of all of its intermediation services in a manner that does not allow it to comply with the thirty (30) day notice period; or 18.6.2 Bolt exercises a right of termination for a mandatory reason under national law in accordance with the law of the European Union.

18.7 Bolt also reserves the right to immediately suspend any access in whole or in part in association with theTourism Operator Account during the period of investigation, if Bolt suspects a breach of the Agreement by the Tourism Operator, damage to Bolt's brand reputation or business, or fraudulent activity. Any such suspension will be of reasonable duration and only so long as the investigation is underway. Bolt shall make use of the right described above in good faith. The Tourism Operator will be informed of the reasons for this decision in a durable medium before the restriction takes effect or at the time it takes effect and will be given the opportunity to clarify the facts and circumstances of the suspected breach.

18.8 Upon termination of this Agreement for any reason, all rights granted to the Tourism Operator under this Agreement shall immediately cease, and the Tourism Operator shall cease all activities authorised by this Agreement. Sections 4.2, 4.3, 8, 9 and 14 of these General Conditions shall prevail even in the event of termination of the Agreement.

19. CHANGES

19.1 Bolt reserves the right to make changes to any of the documents that form part of the Agreement. Any changes to the Agreement will become effective after they are made available to the Tourism Operator and the Tourism Operator continues to use the Software, unless otherwise stated. The updated version will also be posted on the website (https://bolt.eu/pt-pt/legal/).

19.2 Bolt undertakes to notify the Tourism Operator at least fifteen (15) days in advance of changes made to these Terms and Conditions, including changes related to the Tour Price, unless: 19.2.1. Bolt is subject to a legal or regulatory obligation that requires it to amend the Terms and Conditions in a manner that prevents it from complying with the notice period; 19.2.2 The purpose of the change is to address an unforeseen and imminent danger related to the defence of the Bolt Services, Bolt App, Bolt users or providers against fraud, malicious software (malware), unsolicited commercial communications (spam), data breaches or other cybersecurity risks; 19.2.3. The Tourism Operator has consented to waive the notice; or 19.2.4 In the reasonable opinion of Bolt, amendments are beneficial for the Tourism Operators and do not require technical adjustments from them.

20. APPLICABLE LAW AND JURISDICTION

20.1 This Agreement shall be governed by and construed in accordance with the laws of Portugal. 20.2 Any dispute that may arise in relation to this Agreement, whether concerning its existence, validity, interpretation, performance, breach, termination or otherwise, shall be settled through negotiations. If the respective dispute arising out of this Agreement is not capable of being settled through negotiations, the dispute shall then be settled in the Portuguese courts.

21. CONTACT INFORMATION

21.1 The Tourism Operator undertakes to notify Bolt immediately of any changes to the Tourism Operator's contact information and the Tourism Operator undertakes to keep the contact information accurate and up-to-date.

21.2 Bolt's contact information is available on its website.

22. FINAL PROVISIONS

22.1 The Tourism Operator agrees that in certain cities or countries Bolt may assign any of its obligations under the Agreement, to an entity under Bolt's direct or indirect control ("Subsidiary").

22.2 If any provision of the Agreement is found to be unenforceable, the parties will replace the affected provision with an enforceable provision that is close to the intent and economic effect of the affected provision. The failure or delay of either party to comply with any condition of the Agreement shall not be deemed a waiver of such condition.

22.3 The Tourism Operator may not assign the Agreement or any of its rights or obligations thereunder unless otherwise provided in the Agreement.

22.4 Any notice required to be given under this Agreement shall be deemed sufficiently given if: (i) delivered personally, (ii) sent by courier service with proof of delivery, (iii) sent by registered mail, (iv) sent by email with return receipt, or (v) sent through the Tourism Operator Account. Any notice required to be given under this Agreement shall be deemed to have been received: (i) if delivered personally, on delivery to the other party ; (ii) if delivered by courier, on the date indicated by the courier as being the date on which the envelope was delivered to the addressee; (iii) if sent by registered mail, on the 10th day after delivery of the document to the addressee.(iv) if made available through Bolt Accounts or (v) if sent by email, on the day the other party receives the email confirming that it has received the relevant email or on the 2nd day after the email is sent, provided that the sender has not received an error notice (which notifies that the email has not been delivered to the other party) and has sent the email again on the following day and has not received a similar error notice.

ANNEX Tourism Entertainment Services Contract

These terms and conditions constitute a legally binding contract (the "Tourism Entertainment Services Contract") between persons ("Passenger" or "User") requesting sightseeing tour in tuk-tuk ("Tourism Entertainment Services") and the providers of Tourism Entertainment Services ("Tourism Operators") through the Bolt App.

The Bolt Platform allows Users to compare, select from and/or book Tourism Entertainment Services ("Bookings") directly from and with a variety of participating Tourism Operators. Bolt does not accept Reservations nor does it act on behalf of the Tourism Operators. Bolt merely provides a platform to facilitate Bookings directly between Users and Tourism Operators.

All terms not defined in this Tourism Entertainment Services Contract have the meanings set forth in the General Terms and Conditions agreed upon between Bolt and the Tourism Operators to which this Tourism Entertainment Services Contract is attached.

USERS AND TOURISM OPERATORS HEREBY ACKNOWLEDGE THAT BOLT DOES NOT PROVIDE TRANSPORTATION OR TOURISM ENTERTAINMENT SERVICES OR ACT AS A TOURISM OPERATOR.

The Tourism Entertainment Services are provided by operators registered in the national register of tourism entertainment operators (RNAAT) managed by Turismo de Portugal, I.P., in accordance with the Decree Law No. 108/2009, of May 15.

Where Tourism Entertainment Services are provided by a Tourism Operator, the User enters into a contract with the Tourism Operator pursuant to this Tourism Entertainment Services Contract.

The Tourism Operator obligates itself:

to ensure that the Driver acting on its behalf performs the sightseeing tour in a tuk tuk to the User from its pick-up point to its destination point, subject to relevant unforeseen circumstances (e.g. mechanical breakdown). It is the Tourism Operator who determines when he or she is providing Tourism Entertainment Services, and therefore may accept, decline or ignore Tourism Entertainment Services;
to provide (or to ensure that each Driver acting on its behalf provides) the Tourism Entertainment Services through the Bolt App in compliance with the applicable laws and regulations in force in Portugal, whether national, regional, municipal or international, including, but not limited to, holding all the necessary licences for such purpose, namely those provided for the activity of tourism entertainment in tuk tuk. The Tourism Operator acknowledges that it is fully responsible for any violation of any laws and regulations, whether national, regional, municipal, or international, that may arise from the provision of the Tourism Entertainment Services;
to ensure that the Drivers acting on its behalf are enrolled in the Bolt App in order to provide the Tourism Entertainment Services through the Bolt App;
to provide (or to ensure that each Driver acting on its behalf provides) the Tourism Entertainment Services in a professional manner, in accordance with professional ethics applicable to the provision of tourism entertainment services;
to always have and ensure that its Drivers on duty have, when applicable, valid automobile, civil liability and personal accident insurances and and any other insurance that is required the provision of tourism entertainment services with vehicle;
to ensure that the vehicles assigned to the Tourism Entertainment Services provided by it are registered in the Bolt App and that they comply with all legal requirements and standards relating to their circulation, parking, and use for tourism entertainment purposes;
to ensure that the vehicles assigned to the Tourism Entertainment Services are duly licensed ou authorized by the concerned municipality under the terms of any applicable legislation;
to ensure that the provision of Tourism Entertainment Services by the Drivers acting on its behalf complies with the provisions agreed upon by the Agreement entered into between Bolt and the Tourism Operator regarding the Tour Price and forms of payment; and
to comply with all the requirements relative to the access and exercise of the tourism entertainment activity, including those relative to prior registration for the exercise of the activity.

The Tourism Operator and the User agree that any changes or cancellations of a Booking shall be made in accordance with the terms set out on the Bolt Platform and that the terms set out on the Bolt Platform shall prevail with respect to any no-show by the User and any refunds that may be due to the User.

The User agrees that:

The Tour Price is charged for each Tourism Entertainment Service performed upon request of the User and mediated through the Bolt App;
For the provision of Tourism Entertainment Services, the Tour Price is 90.00 EUR (ninety euros) in the first hour, after which 1.50 EUR (one euro and fifty cents) per minute will be added;
The Tour Price for each Tourism Entertainment Service carried out by request and mediated through the Bolt App will always be at least EUR 90.00 (ninety euros), regardless of whether the Tourism Entertainment Service lasts one hour or not;
The User may only pay the Tour Price for the Tourism Entertainment Service via In-App Payment. If no technical or other error is displayed during payment, the Tourism Operator may not request a separate amount for the Tour Price from the User;
Bolt is relieved of the obligation for any payments to the Tourism Operator owed by the User if the In-App Payment fails if the User's credit card or mobile device payment is cancelled, or is unsuccessful, for reasons not attributable to Bolt; and
Bolt reserves the right to adjust the Tour Price in cases where an irregularity or violation is detected (such as not indicating the journey as completed on the Bolt App after the Tourism Entertainment Service has been fully completed) or if a technical error affecting the final price is detected. Bolt may also adjust the price if there are reasonable and legitimate grounds to believe that fraud has been committed or if a complaint by a Passenger indicates a breach of the Tourism Operator’s obligations under the Agreement between Bolt and the Tourism Operator or a breach of legal and regulatory provisions applicable to the provision of the Tourism Entertainment Services. Bolt will only exercise this right in a reasonable and justified manner.

The User and the Tourism Operator agree that any disputes between them shall be settled directly between them.

This Tourism Entertainment Services Contract shall be governed and construed in accordance with the laws of Portugal and Portuguese courts shall have jurisdiction to rule on any dispute arising therefrom.