Terms of Service for transporters

For the Domivan Driver app. Last updated: [DATE]

Draft. These terms are not yet in force and must be reviewed by a lawyer before Domivan launches. Text marked like [THIS] still needs to be filled in.

1. Who we are

Domivan is run by StepsNest B.V., registered in the Netherlands under Chamber of Commerce (KvK) number 42105882, registered office Sprangstraat 10, 6004 XD Weert, VAT number NL869759164B01 ("Domivan", "we", "us"). You reach us through Help and support in the app or at support@domivan.com.

These terms apply between Domivan and the transport company or self-employed driver that signs up in the Domivan Driver app ("you", "transporter"). They are business-to-business terms.

2. What Domivan does for you

Domivan finds travellers who want door-to-door van trips, sets the fare, takes their payment, and offers the trip to transporters in the app. You decide which trips you accept. You are an independent business: you are not employed by Domivan, you are not our agent, and you choose when and how often you work.

3. Joining

• Joining is free. There is no subscription or sign-up fee. If we add a paid plan later, it will be optional and offered separately.
• You sign up with your email, name, phone, company name, van plate and number of passenger seats. We check your details before you can accept trips, and we may ask for documents, for example your company registration, your licence for international passenger transport (EU Community licence under Regulation (EC) No 1073/2009, or the licence that applies to you), driving licences, vehicle registration and insurance certificates.
• To be paid you set up a payout account with Stripe, our payment provider. Stripe may ask for identity and bank details and has its own terms (the Stripe Connected Account Agreement), which you accept when you set up payouts.
• We may refuse or remove a transporter at our discretion, for example if documents are missing, out of date or false, or after serious complaints.

4. What you promise

• You hold, and keep valid, every licence, permit, registration and authorisation needed to carry passengers for payment on the routes you accept, in every country you drive through, including the United Kingdom and Switzerland.
• You have, at your own cost, the insurance required by law for carrying passengers, including motor third-party liability and passenger insurance. Domivan does not insure you, your vehicle, your drivers or your passengers.
• Your vans are roadworthy, registered, inspected and have a seat and seat belt for every passenger. You never carry more passengers than seats.
• Your drivers hold the right licence, follow driving and rest-time rules (including tachograph rules where they apply), and do not drive under the influence of alcohol or drugs.
• You treat passengers with respect, do not discriminate, and follow the law, including border, customs and tax rules.
• You pay your own taxes and social contributions and declare your income from Domivan.

5. Offers and accepting trips

• After a traveller pays, the trip appears in Offers to verified transporters with payouts set up and enough seats.
• The amount you are offered starts below the top price and rises over time (over 15 minutes for Booking trips, over 2 minutes for Live trips) up to a maximum of 90% of the fare the traveller paid. Trips that nobody has taken stay available at the top price.
• The first transporter to tap Accept gets the trip at the amount shown at that moment. That amount is your payout for the trip; it does not change afterwards.
• By accepting, you commit to carrying out the trip yourself, with your own vehicle and driver, at the agreed time. You may not pass the trip to another company without our written consent.
• About 12 hours before pickup (right away for Live trips) you see the traveller's name and phone number and can chat with them in the app. Use these details only for that trip.

6. During the trip

• When you set off to the traveller, tap Towards client. From then until the traveller is picked up, the app shares your location with that traveller, so the app needs location access while it is open.
• Tap Client picked up when the traveller is on board and Complete trip when you have dropped them off at the destination.
• If the traveller is not at the pickup address within [15] minutes of the agreed time and does not answer, contact us through support before leaving. [DECIDE: payout for no-shows.]
• You may refuse a passenger who is a danger to others, has no valid travel documents, or carries illegal or dangerous items. Tell us through support right away.

7. Cancelling an accepted trip

If you cannot do a trip you accepted, tell us through support as soon as possible so we can find another transporter. Late cancellations and no-shows hurt travellers: [DECIDE: consequences, for example a warning, then suspension after X late cancellations, and/or paying the extra cost of a replacement].

8. Payment

• The traveller pays Domivan. After you tap Complete trip, Domivan sends your payout for that trip to your Stripe account. Stripe then pays it to your bank account on its normal payout schedule.
• If the traveller cancels after you accepted, you receive the same share of the amount we keep under the traveller terms (50% of the fare when they cancel between 48 and 12 hours before pickup, the full fare within 12 hours) as your payout is of the full fare. Nothing is due if they cancel 48 hours or more before pickup.
• Domivan keeps the difference between the fare and your payout as its fee. You do not pay Domivan anything else.
• If a trip was not carried out, was marked complete by mistake, or a traveller's complaint is upheld (for example the trip was not done or the passenger was left behind), we may withhold or reclaim the payout for that trip, after hearing your side.
• Amounts are in euros. [ACCOUNTANT: confirm VAT treatment and whether Domivan issues self-billing invoices to transporters.]

9. Travellers, conduct and fair use

• Do not ask travellers to pay you extra, in cash or otherwise, for a trip booked through Domivan.
• Do not use Domivan to take travellers off the platform to book future trips directly with you.
• Keep traveller data confidential and use it only for the trip. Delete phone numbers and messages you no longer need. For this data you are a separate controller under the GDPR.
• Do not harass, threaten or insult travellers or Domivan staff.

10. Suspension and ending

You can stop using Domivan and delete your account at any time, after finishing the trips you accepted. We may suspend or end your access immediately if you break these terms, if your documents are no longer valid, or after serious complaints about safety or conduct. Otherwise we give you at least 30 days' notice. Payouts for trips you completed are still paid, unless section 8 applies.

11. Liability

• You are responsible for the transport and for everything that happens during it, including damage, injury, delay and lost luggage, and for fines and costs caused by you or your drivers. You indemnify Domivan against claims from travellers or authorities that arise from your trips.
• Domivan's liability to you is limited to the payouts due for the trips concerned, and in any case to [EUR X] per year, except for intent or gross negligence. Domivan is not liable for lost profit or for trips that are not offered or not accepted.

12. Your data

How we use your personal data, including your location while you drive towards a traveller, is explained in our Privacy Policy.

13. Changes, law and courts

We may change these terms with at least 15 days' notice in the app, as required by the EU Platform-to-Business Regulation (EU) 2019/1150. If you do not agree, you may end your account before the change takes effect. These terms are governed by Dutch law, and disputes go to the competent court in the district of Limburg (Rechtbank Limburg). Complaints can be sent through support; we handle them within [14 days]. [LAWYER: check P2B Regulation requirements, including the internal complaint system and named mediators.]