Customer Terms and Conditions

 

  1. DEFINITIONS, CUSTOMER INFO AND AGREEMENT

These Customer Terms and Conditions (the “Agreement”) inflict that the following shall constitute the agreement between Drove AB (“D”), and the individual identified below (“Customer”), with regards to the Customer using D’s on-demand service (the “Service”) with the following terms and conditions.

 

1.1. On-demand Service

The Customer hereby accepts to use the Service. If an individual requests, books and pays D to provide a designated driver (the “Pilot”), he/she is deemed a Customer and is agreeing to all the terms and conditions described in this Agreement.

The Service consists of the Customer entering the website www.drove.se (the ”Platform”) to request an on-demand designated driver. After D accepts the request and the Customer pays the fee, D schedules and sends a Pilot to pick up the Customer and the Customer’s vehicle at a specified pick-up location. When receiving the car key from the Customer or any of its family or guests, the Pilot is deemed to have been granted control of the car. Thereafter the Pilot drives the Customer, and its guests, to a predetermined drop-off location in the Customer’s own car. 

If the Customer has guests in need of separate drop-off(s) at other locations, the Pilot shall drop them off as well, subject to its sole discretion. Additional fee will be charged to the Customer based on traveled distance and number of stops.

When the Pilot hands back the car key to the Customer, its family or any of its guests in the vehicle, alternatively places the key at a designated location defined by the Customer, its family or any of its guests in the vehicle, the Pilot is no longer deemed to be in control of the car and the Service is considered delivered.

In connection with the Service, D will collect and use personal data. Information regarding how and why D collects and uses Customers’ personal data can be found at: www.drove.se/privacypolicy.

 

1.2. Customer Warranty and Representation

The Customer hereby represents, warrants, agrees and authorizes that:

(a) The Customer is the rightful owner and main user (sv. “ägare och huvudsaklig brukare”) of the vehicle used in the Service (the “Vehicle”) as defined below;

(b) The Pilot is permitted to drive the Customer’s Vehicle for the purposes set forth in this Agreement;

(c) D does not lease, borrow, nor give the Customer any form of monetary, or non monetary, payment or compensation in exchange of its Pilot using the Vehicle for the provision of the Service;

(d) The Vehicle will have sufficient fuel to reach the requested drop-off location(s) and if so is not the case, the Customer pays all charges pertaining to this;

(e) The Customer shall pay any and all expenses required to drive the Vehicle to the drop-off location(s), including but not limited to: (i) road toll, (ii) additional fuel costs if need; (ii) towing or other emergency roadside expenses; and (iii) parking fees;

(f) The Customer shall obey all civil and criminal laws, including but not limited to traffic insurance, vehicle registration, traffic rules, holding of illegal substances and license tags;

(g) The Vehicle is maintained and in good working condition and has no defects or conditions that may cause the Vehicle to be unsafe to drive;

(h) The Customer shall remain solely responsible for the completion of its Duty of Care and Reasonable Precautions criteria (sv. “aktsamhetskrav”) throughout the usage of the Service, as defined by the Customer’s insurance company;

(i) The contact details, pick up location and drop off location(s) are correct and D and its Pilot shall be allowed to contact and communicate with the Customer if needed throughout the provision of the Service

(j) All guests in the Vehicle are under the responsibility of the Customer.

 

  1. RIGHT TO REFUSE SERVICE

D reserves the right to refuse to provide the Service to the Customer if it, in the Pilot’s sole discretion, would be unsafe to the Pilot because: 

(a) The Customer or its guest(s) are impaired to the point of unconsciousness; 

(b) The Customer or its guest(s) are armed, belligerent, violent, verbally or physically threatening or abusive; 

(c) The Vehicle is not fulfilling applicable laws and regulations or/and is considered unsafe to drive;  

(d) Any other facts or circumstances relevant to the Pilot’s safety.

     

    1. SERVICE SUBJECT TO AVAILABILITY

    D provides the Service subject to availability and assumes no liability should all Pilots be booked at the precise time when Service is requested.

     

    1. RELEASES 

    The Customer hereby:

    (a) Releases D, its officers, employees, agents, Pilots, suppliers and/or any other person acting on its behalf from any and all liability, including negligence, for any injury, including death or property damage that may occur in connection with the Service; and

    (b) Agrees not to initiate any legal proceedings against D, its officers, employees, agents, Pilots, suppliers and/or any person acting on its behalf with respect to any such claims or damages, which the Customer is releasing; and

    (c) Acknowledge that various risks are involved in the usage of the Service. Such risks include, among other things, the travel risks associated with riding in a vehicle and giving control of a vehicle to another person. Despite these and the other risks, the Customer wants to use the Service and is willing to agree to personally bear such risks, assuming full responsibility for any harm or damage that may result.

       

      1. LIMITATION ON DAMAGES

      Without limiting the preceding paragraphs above, D’s, its Pilots’ and its suppliers’ liability for failure to perform under this Agreement or for injury or damage will be limited to ten thousand Swedish Crowns (SEK 10 000). In no event shall D, its Pilots or its suppliers be liable for any special, consequential, exemplary or punitive damages.

      1. RISK MANAGEMENT

      Without limiting the preceding paragraphs above, D’s enrolls all its Customers in its risk management program “Drove Protect” aimed at reducing the risk for Customers to use the Service. In case of accidents resulting in damages during the provision of the Service, no matter if caused by D’s Pilots or by 3rd parties, D accepts to reimburse the Customer’s insurance co-payment cost (sv. “självrisk”) on the condition that all below criteria are met:

      (a) The Customer can prove that the concerned damage occurred during the provision of the Service and when the Pilot was deemed in control of the Vehicle as defined in paragraph 1.1; and

      (b) The insurance company that has insured the Vehicle has approved the Customer’s insurance claim for the concerned damage; and

      (c) The Customer has paid the insurance co-payment and can provide a documented receipt of the transaction.

      D’s liability resulting from this risk management program is limited to ten thousand Swedish Crowns (SEK 10 000) per claim.

      1. INDEMNIFICATION

      The Customer shall indemnify, defend and hold D, its officers, employees, agents, Pilots, suppliers and/or any person acting on its behalf harmless from and against any and all losses, liabilities, damages, fines, penalties and expenses (including attorneys’ fees) arising from or resulting from any breach of the representations, warranties or covenants contained in this Agreement.

       

      1. MISCELLANEOUS

      This Agreement constitutes the entire Agreement of the parties with respect to the subject matter hereof, and all prior and contemporaneous representations, negotiations and agreements between the parties are superseded and replaced hereby. There are no oral or written representations, agreements, understandings or circumstances which modify any of the provisions hereof. 

      This Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to the conflict of laws provisions thereof, and may be amended only in a writing signed by both parties. No rights of any party hereunder may be waived except by a writing signed by the party to be charged with such waiver. 

      If any provision of this Agreement is determined to be illegal or unenforceable by an arbitrator or a court of competent jurisdiction, this Agreement shall remain valid as though such provision had not been contained herein. By accepting this agreement electronically, the Customer acknowledges that it has read and understood this Agreement and agrees to be legally bound by its terms.

       

      1. PAYMENT

      Payment of the Service occurs in conjunction to the request and booking via the platform and is managed via D’s collaborator Stripe. Read more about the payment service and acceptable payment methods at (www.stripe.com). All data managed are encrypted.

       

      8.1. Cancellation and refunds

      The Customer can only cancel the provision of the Service without a cancellation fee if the cancellation is completed and confirmed by D before the payment has been completed. If the payment has been completed, a cancellation fee of three hundred Swedish Crowns (SEK 300) will be charged to the Customer no matter when the cancellation is received by D. D will issue a full refund for the Customer if the provision of the Service is canceled by D before the Pilot picks up the Customer.