{"service":{"name":"Bolt","url":"https://bolt.eu/en/legal/terms-for-riders/","lang":"ENG","sector":"Transport","hq":"Estonia","hq_category":"EU","is_public":"Private","is_paid":"Free","date":"19.06.2020"},"document":{"title":"","text":"This website uses cookies\nWe use cookies to ensure that we offer you the best experience while browsing our website.\nCheck our Cookie Declaration for more information.\nCUSTOMISE\nACCEPT\nLegal\nTerms and Conditions for Passengers\nThese General Terms and Conditions set out the terms and conditions applying to and\ngoverning the usage of the Bolt app - technology which connects passengers with drivers\nto help them move around cities more efficiently.\nThe term “us” or “we” refers to Bolt Operations OÜ a private limited company\nincorporated and registered under the laws of Republic of Estonia with registration code\n14532901, registered office Vana-Lõuna tn 15, Tallinn 10134, Republic of Estonia, or other\nBolt group company or cooperation partner where Bolt Services are not provided by Bolt\nOperations OÜ. The list of Bolt group companies and partners is available at\nhttps://bolt.eu/cities/\nIn order to use Bolt app you must agree to the terms and conditions that are set out\nbelow:\n1. Using the Bolt app\n1.1 Bolt provides an information society service through Bolt app that enables mediation\nof the requests for transport services between the passengers and drivers and Bolt does\nnot provide transport services. Transport services are provided by drivers under a\ncontract (with you) for the carriage of passengers. Drivers provide transport services on\nan independent basis (either in person or via a company) as economic and professional\nservice providers. Bolt is not responsible in any way for the fulfilment of the contract\nentered into between the passenger (you) and the driver. Disputes arising from consumer\nrights, legal obligations or from law applicable to the provision of transport services will\n\nbe resolved between the passengers and drivers. Data regarding the drivers and their\ntransport service is available in the Bolt app and receipts for journeys are sent to the\nemail address listed in passenger’s profile.\n1.2 . The passenger (you) enters into a contract with the driver for the provision of\ntransport services via the Bolt app. Depending on the payment options supported for\ngiven location of the journey, you can choose whether to pay the driver for the transport\nservice in cash or use Bolt in-App Payment. Payments for Bolt Business rides are handled\nby a separate agreement for Business journeys. Charges will be inclusive of applicable\ntaxes where required by law. Charges may include other applicable fees, tolls, and/or\nsurcharges including a booking fee, municipal tolls, airport surcharges or processing fees\nfor split payments. If you wish, you may also choose to pay a Tip to the driver directly or\nvia the use of Bolt in-App Payment. We may limit the maximum value of a Tip at our sole\ndiscretion.\n1.3 During the installation of Bolt app, passenger’s mobile number is linked to the\nrespective Bolt user account and added to our database. If you are no longer using your\nmobile number, you must notify Bolt within 7 days so we can anonymize your account\ndata. If you do not notify us about any change to your number, your mobile operator may\nissue the same mobile number to a new person who when using the Bolt app then may\nhave access to your data.\n2. Promotional Codes\n2.1 Bolt may send you promotional codes on a per promotion basis. Promotional code\ncredit can be applied towards payment on completion of a ride or other features or\nbenefits related to the service and/or a Third Party’s service and are subject any\nadditional terms that are established on a per promotional code basis. Expiration dates\nof promo codes will be reflected in-app once you have applied the promo code to your\naccount.\n2.2 If your trip amount exceeds the redeemable credit allocated to your ride, the balance\nwill be automatically deducted from your accounts payment method. Similarly, a\npromotional code credit only applies on a per ride basis and cannot carry over to a next\nride/ trip and therefore will be forfeited. Only one promotional code may be applied per\ntrip.\n2.3 Bolt reserves the right to cancel any promotional code at any time for any reason.\nThis includes, but is not limited to, if Bolt deems that codes are being used in an unlawful\nor fraudulent manner, those issued mistakenly, and those which have expired.\n3. Bolt in-App Payment\n3.1 Depending on the payment options supported for the given location of the journey,\nYou can pay for the transport services with a card, mobile carrier billing or other payment\nmethods (e.g: Bolt Business) as and when available through Bolt App. By providing Bolt in-\n\nApp Payment service, Bolt acts as commercial agent for the providers of the transport\nservices. Every driver has authorised Bolt as their commercial agent for the mediation of\nconclusion of contracts between the driver and the passenger, including the power to\naccept payments from the passengers and to forward the payments to the driver. Your\nobligation to the provider of the transport service will be fulfilled when the payment order\nis given to transfer funds to Bolts’ bank account. You, as a passenger are responsible for\nensuring that the payment takes place and ensuring that sufficient funds are available.\n3.2 You may choose to pay a Tip to the driver using the Bolt In-app Payment service. The\nTp can be paid via the In-app Payment by means authorised by Bolt for that purpose.\nBolt will not hold a commission for the brokerage of the Tip and the Tip will be transferred\nto the driver in full amount, excluding any taxes, if applicable. Bolt reserves the right to\nwithhold the Tip, if the payment of the Tip is suspected as being fraudulent, illegal, for a\npurpose other than as a gratuity related to the service provided or used in conflict with\nBolt’s Terms and Conditions\n3.3 When making payments by Bolt in-App Payment, Bolt receives your payments and\nforwards money to the driver. Bolt may ask additional data from you to verify payment\nmethod.\n3.4 When making payments by Bolt in-App Payment for transport services, Bolt is not\nresponsible for possible third-party payment costs (e.g mobile operators, bank fees).\nThese service providers may charge you additional fees when processing payments in\nconnection with the Bolt in-App Payment. Bolt is not responsible for any such fees and\ndisclaims all liability in this regard. Your payment method may also be subject to\nadditional terms and conditions imposed by the applicable third-party payment service\nprovider; please review these terms and conditions before using your payment method.\n3.5 Bolt will be responsible for the functioning of Bolt in-App Payment and provide\nsupport in resolving problems. The resolution of disputes related to Bolt in-App Payment\nalso takes place through us. For payment support service please contact: info@bolt.eu.\nInquiries submitted by e-mail or Bolt App will receive a response within one business day.\nBolt will resolve Bolt in-App Payment related complaints and applications within two\nbusiness days.\n3.6. Upfront Fare. ​You may be offered to use a ride option that allows you to agree to a\nfixed Fare for a given instance of Transportation service provided by the Driver (i.e\nUpfront Fare). Upfront Fare is communicated to you via the Bolt App before the ride is\nrequested. Upfront Fare shall not be applied if you change the destination during the\nride, the ride takes materially longer than estimated due to traffic or other factors, or\nwhen other unexpected circumstances impact the characteristics of the ride materially\n(e.g a route is used where tolls apply).\n4. Ordering and cancelling transport\nservices\n\n4.1 If you order a transport service and the driver has agreed to undertake the work then\nthe transport service is considered to be ordered.\n4.2 Once a driver confirms that he/she will complete your journey, you will enter into a\nseparate agreement with the driver for the provision of the journey on such terms and\nconditions as you agree with the driver. Bolt does not provide journeys and is not a party\nto your agreement with the relevant driver.\n4.3 Cancelling the use of an ordered transport service is considered to be the situation\nwhere the driver has replied to your request and you subsequently reject, cancel or refuse\nthe transport service. When a transport service request is cancelled after certain time\nperiod you are required to pay a cancellation fee.\n4.4 If you cancel a transport service request on multiple successive instances within 24-\nhour we may temporarily block your account for warning. After multiple such warnings,\nwe may suspend your account for longer period (e.g 6 months). After that period you\ncould ask to reactivate your account and your application will be reviewed by Bolt.\n4.5 When driver notifies the passenger about the arrival of the vehicle to its destination\nand passenger or people for whom the transport was ordered do not arrive at the vehicle\nwithin certain time period as specified in the Bolt app, the request will be deemed\ncancelled. Sometimes driver may decide to cancel your request, please note that Bolt is\nnot responsible for such situations.\n4.6 Once the driver arrives and sends you a notification that he/she has arrived the Bolt\napp may begin charging fare on a waiting time basis according to the rates specified in\nthe Bolt app.\n4.7 If you have requested transport services using the Bolt app and cause damage to the\ndriver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or\ncausing the vehicle to stink), the driver will have the right to require you to pay a penalty\nof 50 EUR and require compensation for any damages exceeding the penalty. If you do\nnot pay the penalty and/or compensate the damage, Bolt may pursue the claims on\nbehalf of the provider of the transport service.\n5. License to use Bolt app\n5.1 As long as you comply with these General Terms and Conditions, we agree to grant\nyou a royalty free, revocable, non-exclusive, right to access and use the Bolt app in\naccordance with these General Terms and Conditions, the Privacy Notice and the\napplicable app-store terms. You may not transfer or sub-license this right to use the Bolt\napp. In the event that your right to use Bolt app is cancelled, the corresponding non-\nexclusive license will also be cancelled.\n6. Liability\n6.1 As the Bolt app is an information society service (a means of communication) between\npassengers and drivers, we cannot guarantee or take any responsibility for the quality or\n\nthe absence of defects in the provision of transport services. As the usage of Bolt app for\nrequesting transport services depends on the behaviour of the drivers, Bolt does not\nguarantee that you will always have offers available for the provision of the transport\nservices.\n6.2 The Bolt app does not offer or broker transport services for passengers. It is also not\nan transport agency service for finding passengers for transport providers. The Bolt app\nis used as the means for organising the provision of transport services.\n6.3 The consumer’s right of refund is not applied to Bolt app orders. Requesting a refund\nfrom the transport service does not withdraw you from the agreement in the course of\nwhich the provision of the transport service was ordered.\n6.4 The Bolt app is provided on an \"as is\" and “as available” basis. Bolt does not\nrepresent, warrant or guarantee that access to Bolt app will be uninterrupted or error\nfree. In case of any faults in the software, we will endeavour to correct them as soon as\npossible, but please keep in mind that the functioning of the app may be restricted due\nto occasional technical errors and we are not able to guarantee that the app will\nfunction at all times, for example a public emergency may result in a service interruption.\n6.5 Bolt, its representatives, directors and employees are not liable for any loss or\ndamage that you may incur as a result of using Bolt app or relying on, the journey\ncontracted for through the Bolt app, including but not limited to:\n6.5.1. any direct or indirect property damage or monetary loss;\n6.5.2. loss of profit;\n6.5.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may\narise from interruption of the business;\n6.5.4. loss or inaccuracy of data; and\n6.5.5. any other type of loss or damage.\n6.6 The financial liability of Bolt in connection with breach of the contract will be limited\nto 500 euros. You will have the right to claim for damages only if Bolt has deliberately\nviolated the contract. Bolt will not be liable for the actions or inactions of the driver and\nwill not be liable for damages that the driver causes to the passengers.\n6.7 You agree to fully indemnify and hold Bolt, their affiliate companies, representatives,\nemployees and directors harmless from any claims or losses (including liabilities,\ndamages, costs and expenses of any nature) that they suffer as a result of your use of the\nBolt app (including the journeys you obtain through your use of the Bolt app).\n6.8 Bolt may immediately end your use of the Bolt app if you breach these General Terms\nand Conditions or we consider it necessary to protect the integrity of Bolt or the safety of\ndrivers.\n7. Good practice using the Bolt app\n7.1 As Bolt is not a provider or broker of the transport services, any issues with defects or\nquality of the transport services will be resolved in accordance with the rules and\nregulations of the transport service provider or the relevant public authority.\n7.2 We ask to fill out a feedback form in the Bolt app. This enables us to offer suggestions\n\nto the drivers for improving the quality of their service.\n7.3 We expect that you use Bolt app in good faith and be respectful of the drivers who\noffer their services through Bolt app. Bolt retains the right to close your account if you\nhave violated the terms set out in this General Terms and Conditions or if your activities\nare malicious, i.e. withholding payment for the provision of the transport service, fraud,\nbeing disrespectful towards the drivers, etc. In these cases, your Bolt app account may\nbe revoked without prior notice.\n7.4 Bolt will make every effort to ensure that only drivers, who have integrity and are\nrespectful of their profession and passengers, use the Bolt app. However, we are in no\nposition to guarantee that every provider of transport services, located by the Bolt app,\nsatisfies the aforementioned criteria at all times. If you experience objectionable\ntransport service, please notify the company responsible for the service, a supervisory\nauthority or our customer support.\n8. Amendments to the General Terms and\nConditions\n8.1 If any substantial amendments are made to the General Terms and Conditions, then\nyou will be notified by e-mail or Bolt app notifications. If you continue using Bolt app, you\nwill be deemed to accept the amendments.\n9. Final Provisions\nThe General Terms and Conditions will be governed by and construed and enforced in\naccordance with the laws of Republic of Estonia. If the respective dispute resulting from\nGeneral Terms or Agreement could not be settled by the negotiations, then the dispute\nwill be finally solved in Harju County Court in Tallinn, Estonia. If any provision of the\nGeneral Terms is held to be unenforceable, the parties will substitute for the affected\nprovision an enforceable provision that approximates the intent and economic effect of\nthe affected provision.\nDate of entry into force: 19.06.2020.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":0,"explanation":"When the ToS allows for contractual rights’ transfer to another subject with user’s consent but only for the company"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}