Terms and Conditions

TVDE operators

1. CONTRACT IDENTIFICATION

These general terms and conditions constitute a legally binding contract (as better described below, the “Contract”) between TAPSi, a brand duly registered and operated under the supervision of TAPSi UNIP LDA, a commercial company registered in Portugal with the following details: market@tapsi.pt
The contract is concluded between TAPSi and the provider of individual passenger transportation services in an unmarked vehicle using an electronic platform (“TVDE Operator”). These terms govern the use of the TAPSi application, website, software, and TAPSi platform (all further defined below).
The use of TAPSi platform services by TVDE Operators depends on what is established in this contract and the acceptance of the terms and conditions described below.

2. DEFINITIONS

TAPSi App – a smartphone application for drivers and passengers to request and receive transportation services.
TVDE Operator Account – Access to a website containing information and documents related to the use of the TAPSi App in the context of providing Transport Services. The TVDE Operator can access the TVDE Operator Account via the link and by entering the assigned username and password.
Driver Account – a Driver portal linked to the TVDE Operator Account containing relevant information and documents about the Transportation Services provided by the Driver acting on behalf of the TVDE Operator. The Driver can access the Driver Account via the link and/or through the TAPSi App, entering their assigned username and password.
TAPSi Accounts – TVDE Operator Account and/or Driver Account (as applicable).
Contract – the contract entered into between the TVDE Operator and TAPSi for the use of TAPSi Services, which consists of:
● these Terms and Conditions (including the ANNEX); and
● other additional terms and conditions or documents, which are expressly referred to in this Agreement or which may apply otherwise in the future between the TVDE Operator and TAPSi.
Transportation Services Contract – contract entered into between the TVDE Operator and the Passenger, which will consist of collection, transport and disembarkation at the exact locations specified by the passenger, through the TAPSi App – which is attached to these Terms and Conditions as an ANNEX.
Driver – An individual who, while working for the TVDE Operator, provides Transportation Services by driving the vehicle assigned to the Transportation Services after registration and through the use of the TAPSi Platform. Each Driver will have a personal Driver Account to use the TAPSi App and the TAPSi Platform.
TVDE Operator – a company licensed to carry out the activity of paid individual passenger transport in TVDE (Transport of Passengers in Private Vehicles) in Portugal and that provides Transport Services.
In-App Payment – bank card, mobile payment and other payment methods used by the Passenger to pay for Transportation Services through the TAPSi App.
Passenger or User – person requesting Transportation Services through the use of the TAPSi Platform.
TAPSi Platform or Software – TAPSi technology comprising the TAPSi App, the Website and the software owned by TAPSi that enables the connection between Passengers and Drivers acting on behalf of the TVDE Operator.
Travel Price – the price that the Passenger is required to pay to the TVDE Operator for the provision of Transport Services.
TAPSi Services – services provided by TAPSi, including the supply and maintenance of the TAPSi App, TAPSi Platform, payment methods through the TAPSi Platform, customer support, communication between TVDE Operators, through Drivers acting on their behalf, and Passengers, and other similar services.
Transportation Services – Individual and paid passenger transport activity in TVDE (Transport of Passengers in Light Vehicles) that a TVDE Operator or a Driver acting on their behalf provides to a Passenger whose request was accepted through the TAPSi App.
Brokerage Fee – the fee that the TVDE Operator agrees to pay to TAPSi in order to use the TAPSi Services, based on each Transportation Service provided by the TVDE Operator, as detailed in clause 8 below.
TVDE – Transportation in an unmarked vehicle via an online platform.
Website – website located at http://www.TAPSi.pt.

3. TRANSPORTATION SERVICE

TAPSi provides the TAPSi Platform as a digital marketplace that allows Drivers acting on behalf of TVDE Operators to receive requests from Transport Service Users.
Transportation Services are provided to Users by the TVDE Operator as a company independent of TAPSi (through Drivers acting on behalf of the TVDE Operators). TAPSi does not provide Transportation Services to any party and is not a TVDE Transportation Services operator. Any workers, employees or contractors of the TVDE Operator, including Drivers, will not be considered employees of TAPSi.
When performing an activity on its own account, it is acknowledged and agreed that the TVDE Operator will determine, at its sole discretion:
1. If and when you will use TAPSi Services; and
2. If, when, and where you will provide the Transportation Services.
This Agreement does not imply any obligation of exclusivity for the TVDE Operator. The TVDE Operator has the right to provide passenger transport services independently of this Agreement (by hiring Drivers acting on its behalf under this Agreement or any other) and to use similar software services for the purpose of providing its services within the scope of its own business.
The TVDE Operator undertakes to pay an Intermediation Fee related to the Transport Services under Clause 8.
TAPSi does not guarantee the submission of User requests and cannot be considered, in any way, as acting on behalf of or representing the User. TAPSi's role is limited to connecting TVDE Operators with Users so that the TVDE Operator can provide Transportation Services to the User.
Each transport service provided by the TVDE Operator to a User will constitute an independent contract between those parties, and such contract will come into effect from the moment the TVDE Operator, through the Driver, accepts the request for Transport Services to and from that User. TAPSi is limited to providing the TAPSi Services that facilitate the conclusion of this Transport Services Contract under the terms of clause 4.
TVDE Operators must be duly licensed to provide Transport Services by the Institute of Mobility and Transport (IMT, IP), the Regional Directorate of Economy and Land Transport (DRETT) in Madeira, or the Regional Sub-Directorate of Land Transport (SRTT) in the Azores, as applicable. Drivers of TVDE Operators must be registered on the TAPSi Platform and hold a TVDE driver certificate issued by IMT, IP, DRETT, or SRTT, in accordance with the provisions of Law No. 45/2018 of August 10, Regional Legislative Decree No. 14/2020/M of October 2, and Regional Legislative Decree No. 10/2022/A of May 24.
The TVDE Operator acknowledges and accepts that, under the terms set forth in Law No. 45/2018 of August 10, the activity of TVDE operator is carried out in national territory by legal entities that provide paid individual passenger transport, under the terms and conditions set forth in that law. The TVDE Operator is responsible for complying, at all times when Transport Services are provided, with any rules relating to its access to and exercise of the activity of TVDE Operator.
It is the responsibility of the TVDE Operator to ensure that all Drivers providing Transport Services on its behalf are qualified and duly certified under applicable legislation for access to and practice of the profession of TVDE driver, specifically, possessing a TVDE driver certificate issued by IMT, IP, in accordance with the provisions of Law No. 45/2018, of August 10, and Ordinance No. 293/2018, of October 31. The TVDE Operator acknowledges and accepts that holding a valid TVDE driver certificate is mandatory for practicing the profession of TVDE driver. The TVDE Operator is responsible for ensuring that the certificate of each Driver in its service is valid at all times when Transport Services are provided. TAPSi may ask Drivers providing Transportation Services on its behalf to verify their identity to ensure that the person using the TAPSi Application is the same person whose information was provided when creating the Driver Account, in accordance with Law No. 45/2018 of August 10. Drivers providing Transportation Services on its behalf will not be able to provide Transportation Services until they have passed the verification process. If the verification process is not approved, the Driver Account associated with the Operator Account may be suspended or cancelled, depending on the circumstances.
The Transportation Services provided by TVDE Operators are carried out using TVDE vehicles that must first be registered on the TAPSi Platform. The TVDE Operator acknowledges and accepts that the vehicles used for Transportation Services comply at all times with the legal and regulatory rules applicable to vehicles used for TVDE transportation, specifically those provided for in Law No. 45/2018, of August 10, including having a national registration, having a capacity of no more than nine seats, including the driver's seat, being less than seven years old from the date of first registration, and having all insurance required by law. The TVDE Operator acknowledges and accepts that the vehicles used for Transportation Services also comply, at all times, with the legal requirements regarding their presentation, circulation, and display of advertising, specifically, that they comply with the obligation to display a visible and removable sticker from the outside as provided for in the applicable legislation and with the obligation not to display any other external sign indicating the type of service they provide. Whenever a vehicle needs to be replaced, or there is any change to the existing information, the TVDE Operator undertakes to (i) make any necessary updates through the TVDE Operator Account and (ii) not use that vehicle until the vehicle replacement is registered in the TVDE Operator Account.
It is the TVDE Operator who determines when to provide Transportation Services, such that they may accept, refuse, or ignore Transportation Services, without prejudice to the rules regarding refusal of service, as provided for in Article 8 of Law No. 45/2018, of August 10. Refusal of service requests equal to or greater than 30 percent of the communicated services is presumed to be non-compliant with the aforementioned article. The TVDE Operator is, however, obliged to provide Transportation Services after the Driver acting on their behalf has agreed to transport the User from the pick-up point to the destination point, without prejudice to unforeseen circumstances (e.g., a mechanical breakdown).

4. CONTRACT BETWEEN THE TVDE OPERATOR AND TAPSi AND CREATION OF TAPSi ACCOUNTS

Before transferring and using the Software, the TVDE Operator must create a TVDE Operator Account and, by doing so, the TVDE Operator agrees to be bound by this Agreement. As part of the registration process, the TVDE Operator must provide certain registration information. TAPSi reserves the right to review this registration information and will determine, at its sole discretion, whether or not to accept the TVDE Operator's account application.
After the TVDE Operator's account request is accepted, TAPSi will provide the TVDE Operator with a personal account accessible through a username and password chosen by the TVDE Operator, which must be used to access the Software.
The username and password are exclusive to the TVDE Operator and are not transferable without the express written authorization of TAPSi. The username and password are the methods used by TAPSi to identify users of the Software, and are therefore very important. The TVDE Operator is responsible for all information published and used on the Software by any person using the TVDE Operator's username and password. The TVDE Operator must immediately notify TAPSi of any breach of username and password security.
By clicking the “Register” button located at the end of the account application, the TVDE Operator declares and guarantees that:
– In accordance with the law, you are eligible to enter into a contract with TAPSi to use TAPSi Services;
– has carefully reviewed, fully understands, and agrees to be bound by this Agreement, including all obligations arising for the TVDE Operator as described herein;
– all information provided to TAPSi by the TVDE Operator is, and will continue to be, accurate, correct and complete;
– will not authorize other people to use the TVDE Operator account, nor transfer or assign it to other people, without the express written authorization of TAPSi;
– You will not use the Software for illegal or unauthorized purposes, thereby impairing the proper functioning of the Software;
– You will not copy or distribute the Software, or other TAPSi content, without TAPSi's prior written authorization;
– fully complies with TAPSi's Privacy Policy available on this website: https://TAPSi.pt;
– complies and will comply throughout the duration of the Contract with the legislation and regulations in force relating to access to and exercise of the activity of TVDE operator in Portugal, in particular, the rules set out in Law No. 45/2018, of August 10.
After you submit your account request, the TVDE Operator will receive an email with supplementary conditions that must be met to use the Software and which form an integral part of this Agreement.
Through the TVDE Operator Account, the TVDE Operator must register the Drivers acting on its behalf and their respective vehicles, and upload the necessary information and documents in this regard. TAPSi reserves the right to review such registration information and may refuse the registration of a driver who is not properly qualified or whose conduct has previously led (or could have led) to TAPSi restricting access to the TAPSi Platform in relation to a TVDE Operator Account due to a serious or material violation of these Terms and Conditions. If the registration is accepted, TAPSi will provide the TVDE Operator with a personal Driver Account for each of the Drivers acting on its behalf. The Drivers acting on its behalf will have access to the TAPSi Platform in association with the TVDE Operator Account. The login details for Drivers are personal to each individual. For security and compliance reasons, the TVDE Operator must not allow any person to use a personal Driver Account that does not belong to them. TAPSi does not prohibit the TVDE Operator from allowing any individual Driver acting on its behalf to subcontract Transportation Services, provided that all legal requirements are met and that such subcontractor registers on the TAPSi Platform as a Driver of the TVDE Operator. In this case, the TVDE Operator remains responsible for ensuring that all legal rules related to the Transportation Service are complied with.
The TVDE Operator is responsible to TAPSi for any violation of these Terms and Conditions caused by the actions and omissions of Drivers acting on its behalf.
The TVDE Operator guarantees, acknowledges and accepts that it will keep its TVDE Operator Account profile and the profiles of the associated Driver Accounts constantly updated.
If any of the information that the TVDE Operator or the Drivers acting on its behalf provide to TAPSi is considered illegal under applicable laws or otherwise violates these General Terms, TAPSi reserves the right to:
– remove, disable access to, or demote this content;
– to suspend, terminate or restrict any monetary payment due by TAPSi to the TVDE Operator;
– suspend or terminate TAPSi Services in whole or in part, and/or
– suspend or terminate, in whole or in part, your TVDE Operator Account.
All content posted on the TAPSi Platform by you or any person authorized on your behalf is subject to your sole responsibility, and TAPSi has no obligation to actively monitor or review such content. However, TAPSi has the right to remove any allegedly illegal content at its discretion and upon receipt of a notice and/or order regarding the existence of such content on the TAPSi Platform. If you disagree with TAPSi's decision to remove the content, you are solely responsible for providing additional information explaining why the content is not illegal or inconsistent with these General Terms within TAPSi's internal complaint handling procedure.

5. GRANTING OF LICENSE

Subject to the fulfillment of this Agreement by the TVDE Operator, TAPSi hereby grants the TVDE Operator a non-transferable, non-sublicensable, non-exclusive and revocable license to access and use the TAPSi Services in accordance with the terms of this Agreement, as well as TAPSi's policy regarding the privacy of personal data provided, and exclusively for the duration of the Agreement with TAPSi. Notwithstanding the foregoing, the TVDE Operator may grant Drivers providing Transportation Services on its behalf a sublicense to use the TAPSi Services and the Driver Account for the sole purpose of providing Transportation Services. No other rights are granted, except with the prior written consent of TAPSi.
All intellectual property rights pertaining to the Software, its content, and any related documentation existing anywhere in the world, belong to TAPSi or its licensors and may not be copied, distributed, uploaded, republished, decompiled, disassembled, or transmitted in any way without the prior written authorization of TAPSi.
All intellectual property rights and copyrights pertaining to the Software, including the software code and database, are licensed – not sold – to the TVDE Operators and are owned by TAPSi (or its respective licensors) and protected by copyright laws and/or trade secret laws and international treaties. TVDE Operators do not acquire any ownership rights to the Software, its content, or any related documentation. TAPSi retains all rights related to the Software, its content, and any related documentation, except as expressly provided in this Agreement.

6. TRANSPORTATION SERVICES

The TVDE Operator agrees that, when a Driver acting on its behalf accepts a request for Transportation Services made by a User, it is entering into a contract with that User to provide the Transportation Services, in respect of which TAPSi is not involved, without prejudice to joint and several liability for the timely fulfillment of that contract resulting from any legal provision.
Within the scope of providing Transportation Services, international travel (i.e., travel to other countries) is not permitted. However, should such travel occur in violation of this Agreement, TAPSi is not liable for any fraud or attempted fraud, and therefore is not responsible for any payments that are not successfully processed. If the TVDE Operator agrees to carry out an international trip, it shall be considered to have been carried out outside the scope of TAPSi Services, and this Agreement shall not apply to it.
To facilitate the understanding of the terms of the Transportation Services Agreement in a convenient manner, the terms of each Transportation Services Agreement are defined in the ANNEX to this Agreement, and the TVDE Operator is responsible for reading and understanding said Transportation Services Agreement. Under the Transportation Services Agreement, the TVDE Operator, in addition to other obligations, undertakes to:
– to ensure that each Driver acting on its behalf provides Transportation Services through the TAPSi App in compliance with applicable laws and regulations in force in Portugal, including, but not limited to, possessing all necessary licenses to provide Transportation Services in Portugal. The TVDE Operator acknowledges that it is fully responsible for any violation of any laws and regulations that may arise from the provision of Transportation Services;
– (when a request for Transport Services has been accepted on their behalf) to ensure that the Transport Services are provided professionally, in accordance with best practices in the transport sector;
– always have valid car insurance, civil liability and personal accident insurance that includes the passengers transported and their respective damages in an amount not less than the minimum legally required for the activity of rental transport in light passenger vehicles and any other insurance that may be required in the applicable jurisdiction for the provision of passenger transport services;
– to ensure that the vehicles used for the Transportation Services it provides comply with all legal requirements and standards relating to their circulation, parking and use for the purpose of transporting passengers in TVDE (Transport of Passengers in Light Vehicles);
– to ensure that the Drivers acting on its behalf comply with all applicable laws and regulations related to the provision of Transportation Services; and
– comply with all requirements relating to access to and exercise of the TVDE transport activity, including those relating to licensing for the exercise of the activity, as provided for in Law No. 45/2018, of August 10.
The Transportation Services Contract includes relevant provisions regarding the relationship between the TVDE Operator and the User, including issues related to additional costs, cancellation fees, insurance, and other matters. When a request for Transportation Services from a User is accepted by the Driver acting on their behalf, the TVDE Operator acknowledges and agrees that the provision of Transportation Services to the User is carried out under the terms of the Transportation Services Contract. TAPSi is not a signatory party to the Transportation Services Contract, without prejudice to its joint and several liability for the fulfillment of the obligations arising from that contract, under the terms imposed by Law No. 45/2018, of August 10.
Although TAPSi is not a party to the Transportation Services Contract, the TVDE Operator also warrants, represents and agrees for the benefit of TAPSi that it undertakes to fully comply with clauses 4.3.1 to 4.3.6 inclusive.
Trip requests made by Users through the TAPSi Platform must be accepted and executed in accordance with all applicable laws, under the sole responsibility of the TVDE Operator and, if applicable, the Driver acting on its behalf.
The TVDE Operator is responsible for ensuring that Drivers acting on its behalf verify, before providing Transportation Services, whether the service is actually being provided to the correct Passenger or whether the Passenger has expressly confirmed that they allow other passengers to travel on their behalf. If an error is made in identifying the User, and the TAPSi Payment is charged to a person to whom the Transportation Service has not been provided, or for whom the Transportation Service has not been approved, TAPSi will reimburse the Trip Price to the User and the TVDE Operator will not be entitled to receive the Trip Price.
The TVDE Operator must not engage in or permit any fraudulent behavior on the TAPSi Platform in association with its account. Any fraudulent behavior in association with the TVDE Operator's account caused or permitted by a Driver acting on its behalf will be considered a material breach of this Agreement by the TVDE Operator.
The TVDE Operator agrees that a Transportation Service may be fulfilled via any reasonable route and in compliance with any applicable traffic rules and regulations. TAPSi does not establish any route restrictions.
To ensure safety on the TAPSi Platform, neither the TVDE Operator nor the Drivers acting on its behalf are authorized to transport prohibited items while using the TAPSi Application and TAPSi Services, unless otherwise indicated by applicable laws. The TVDE Operator and/or the Drivers acting on its behalf may refuse to provide Transportation Services to the unauthorized possessor of prohibited items. TAPSi may, at any time, discontinue the provision of TAPSi Services to the TVDE Operator – in whole or in part – in case of non-compliance with this section of these Terms and applicable laws, and report unauthorized use of prohibited items to the authorities. Prohibited items include, but are not limited to:
– firearms and their parts, ammunition, bladed weapons, other articles specifically designed for attack and defense;
– flammable, combustible, explosive and radioactive substances or other ionizing substances, ammunition, gases, infectious, poisonous or corrosive materials which, by their nature, may constitute a danger to the environment;
– drugs and other psychotropic substances subject to special control under the law;
– any other objects or articles that cannot be transported by law and that cannot be transported without additional licenses, authorizations and approvals.

7. PRICE OF THE TRIP

The TVDE Operator may charge the User a Trip Price for each Transportation Service performed at the User's request and mediated through the TAPSi App.
For the provision of Transportation Services, the TVDE Operator and TAPSi agree that the Trip Price will be calculated based on variable factors, including (but not limited to) the trip distance as determined by the GPS system, the trip duration, local market fluctuations, as well as any applicable taxes. The parties acknowledge that it is possible that the Trip Price may be lower or higher than the estimate initially presented to the User in the TAPSi App.
As an alternative to the Trip Price calculated according to the previous clause, the TAPSi App may also propose a pre-determined fixed price which, if accepted by the User, corresponds to the Trip Price to be charged at the end of the Transportation Service, regardless of the trip distance or duration. The pre-determined fixed price proposal is communicated to the User and the TVDE Operator (possibly through the Driver acting on their behalf) via the TAPSi App before the Transportation Service is provided. However, the pre-determined fixed price will be replaced by a price calculated according to clause 5.2 above if the User changes the destination during the trip, if the trip is substantially longer than initially estimated (due to traffic or other external factors), or when other unexpected circumstances not attributable to TAPSi alter the characteristics of the trip (for example, the road used has tolls).
Demand is a determining factor in calculating the Trip Price. The price described above can be multiplied by 0.1 to 2 according to the software algorithm that determines demand at the time of travel.
The Trip Price (calculated as described above) may change if the Passenger changes destination during the trip, if the trip is substantially longer than initially estimated (due to traffic or other external factors), or when other unexpected circumstances not attributable to TAPSi alter the characteristics of the trip (for example, the road contains tolls). The Trip Price may also be recalculated if the User requests a change to the initially indicated route, or, in trips made in the “Private Driver” category, when the maximum permitted time limit is exceeded or the Trip exceeds 60 kilometers.
Private Driver: In the case of the "Private Driver" category, the service will be available for a minimum of one hour and a maximum of two hours, with the trip to be completed within the two-hour limit. The price of the trip will be at least the hourly rate for the first hour, even if the trip time does not exceed 60 minutes. After the first hour, the price of the trip will be calculated per minute. Notwithstanding the above, if the trip exceeds 60 kilometers, regardless of its duration, an additional fee will be charged for each kilometer exceeding that limit. The applicable rates for the "Private Driver" category are available in the app when the passenger requests the service.
TAPSi undertakes to provide the User, in a clear, understandable and objective manner, before the start of each trip and during the trip, with an estimate and the formula for calculating the Trip Price, in accordance with the terms of Law No. 45/2018, of August 10.

8. PAYMENT OF THE TRIP PRICE

Under the terms of Law No. 45/2018, of August 1, the User may only pay the Trip Price for the Transportation Service through In-App Payment. If no technical or other error is displayed during payment, the TVDE Operator cannot request a separate amount for the Trip Price from the User.
The TVDE Operator hereby authorizes TAPSi, as its commercial agent, to receive the Trip Price or other fees paid by Passengers through In-App Payment and to remit the applicable funds to the TVDE Operator. The TVDE Operator authorizes TAPSi, as its commercial agent, to pay vehicle parking fees in the areas of ANA – Aeroportos de Portugal, SA airports and to receive the corresponding amount from Passengers through In-App Payment. The parties acknowledge that the amounts relating to the aforementioned parking fees paid by TAPSi on behalf of and for the account of the TVDE Operator are independent and do not form part of the Intermediation Fee. Any payment obligation fulfilled by the Passenger through In-App Payment shall be considered fulfilled from the moment the payment has been made.
TAPSi is exempt from any obligation to make any payments to the TVDE Operator due by the User if the In-App Payment fails, or if the User's credit card or mobile payment is cancelled or unsuccessful for reasons not attributable to TAPSi.
If the TVDE Operator or the Driver acting on their behalf detects an error in the calculation of the Trip Price and wishes to request a correction to the Trip Price, they must submit the request in the “request fare review” section of the TAPSi App, at the end of the Trip and before confirming the Trip. If no fare review request is submitted, TAPSi will not be obliged to recalculate the Trip Price or make any refund, and the Trip Price shall be considered accepted by the TVDE Operator and the Driver acting on their behalf.
TAPSi reserves the right to adjust the Trip Price in cases where an irregularity or violation is detected (such as the lack of indication that the trip is complete in the TAPSi App after the Transportation Service is completed) or if a technical error affecting the final price is detected. TAPSi may also adjust the price if there are well-founded and legitimate reasons to believe that fraud has been committed or if a Passenger complaint indicates a breach of the TVDE Operator's obligations under this Contract or a violation of the legislation and regulations applicable to the provision of Transportation Services. TAPSi will only exercise this right in a reasonable and justified manner.
TAPSi is not responsible for any attempted fraud committed by Users in connection with the following trips:
– whose distance is greater than 110 km;
– whose final price for the User is greater than €50.00; or
– in the case of the “Private Driver” category, where the final price for the User is greater than €60.00.
Therefore, TAPSi declares that, for this type of trips, it is not responsible if the payment cannot be charged to the User's card.

9. CANCELLATION AND DAMAGE FEES

The Passenger can cancel a Transportation service request that a Driver acting on behalf of the TVDE Operator has already accepted via the TAPSi App. If a Passenger cancels an already accepted Transportation Service request after a certain period determined by the TAPSi App, the TVDE Operator is entitled to a cancellation fee.
If a Passenger fails to show up at the pick-up point after a certain period (as indicated in the TAPSi App), the Driver acting on behalf of the TVDE Operator may also cancel the request, in which case the Passenger will have to pay a cancellation fee equivalent to the minimum fare for the relevant ride category.
If, during a Transportation Service, a passenger or their co-passengers negligently damage the vehicle or its contents (including staining or soiling the seats or causing an inappropriate odor in the vehicle), the TVDE Operator or the Driver acting on their behalf may require the Passenger to pay a cleaning fee and claim compensation for damages exceeding the cleaning fee. The TVDE Operator must inform TAPSi of the damage, and TAPSi will assist the TVDE Operator, on their behalf, in recovering the cleaning fee and/or costs, if applicable, from the Passenger. In any case, TAPSi assumes no responsibility for direct or indirect damages related to the cleaning or maintenance of the vehicle's good condition caused by a Passenger.
The cleaning fee referred to in the previous clause shall not exceed €120.00 (one hundred and twenty euros) and is subject to proof by the TVDE Operator and/or Driver, as well as review by TAPSi. The TVDE Operator and/or Driver acknowledge that the cleaning fee is subject to the aforementioned requirements.

10. TAPSi INTERMEDIATION FEES

In exchange for using TAPSi Services, the TVDE Operator agrees to pay TAPSi an Intermediation Fee based on each transaction in which the TVDE Operator provides Transportation Services as a result of using TAPSi Services.
The Intermediation Fee is calculated as a percentage of the Trip Price for each Transportation Service provided to a Passenger. The percentage used to calculate the Intermediation Fee is communicated to the TVDE Operator by email, through the TAPSi App and/or the TAPSi Account.
The TVDE Operator acknowledges that the Intermediation Fee may change occasionally, but cannot exceed 25% of the Trip Price (“Highest value of intermediation fees”), as defined in Article 15, paragraph 3, of Law No. 45/2018, of August 10. TAPSi undertakes to send the TVDE Operator prior written notice of any changes. The continued use of the Software by the TVDE Operator after any change to the Intermediation Fee constitutes the Operator's consent to those changes.
The Intermediation Fee may be deducted from the Trip Price paid by the Passenger for each Transportation Service and charged by TAPSi. Thus, for each Transportation Service performed, TAPSi will pay the TVDE Operator the Trip Price paid by the Passenger less the Intermediation Fee (as detailed in clause 9.1 below).
TAPSi is not entitled to any brokerage fee relating to passenger transport services provided by the TVDE Operator independently or through another transport software provider.
Please note that the Intermediation Fees charged may change occasionally, considering the principles of dynamic commission pricing which take into account (i) the balance between supply and demand for the Transport Service, (ii) the characteristics of the ordered trip; and (iii) the conditions of any applicable campaigns. The Intermediation Fees shall not exceed the highest Intermediation Fee amount. The TVDE Operator undertakes to pay TAPSi the Intermediation Fees, as well as other fees due to TAPSi, for the month in question, no later than the 5th day of the following month.
In the event of delay or default in payment by the TVDE Operator under this Contract, TAPSi reserves the right (but will not be obliged) to charge interest on the amount due from the due date until (but excluding) the date of actual payment, at a rate of 10.5% per annum. Such interest will accrue daily, be calculated quarterly and be payable in full.

11. PAYMENT METHODS

TAPSi undertakes to transfer the sums received through In-App Payment that have been credited to TAPSi's bank account to the TVDE Operator's bank account no later than the 4th day of the following week. The TVDE Operator agrees that the Intermediation Fee will be deducted from the Trip Price. If the TVDE Operator requests a review of a Trip Price in accordance with the terms of clause 6.4, TAPSi will only transfer the relevant amounts after processing the review request and, if applicable, carrying out the review. If the TVDE Operator has separately agreed, other amounts may be deducted from or added to the Trip Price (e.g., a bonus) before payment is made to the TVDE Operator.
If the TVDE Operator disputes the Trip Price, TAPSi reserves the right to withhold the disputed amounts until the dispute is resolved.
If the amount of the Intermediation Fee owed exceeds the amounts received through In-App Payments in a given week, the TVDE Operator undertakes to pay the amount owed to TAPSi within 7 days of receiving the request and agrees that such amounts will be deducted from any future payments from TAPSi to itself.

12. PAYMENT REPORTS

The TVDE Operator has the right to review the In-App Payment reports in the TVDE Operator Account. The reports will show the amounts of In-App Payments charged in the previous week for the TVDE Operator's Transportation Services, as well as the amounts of the Intermediation Fee retained by TAPSi. The reports will be made available to the TVDE Operator weekly.

13. USER REVIEWS

As part of the TAPSi Platform, Passengers can provide feedback in the form of ratings on trips and Drivers acting on behalf of the Ride-Hailing Operator who have completed the Transportation Service. These ratings can be provided to the Ride-Hailing Operator and potential Users as part of the TAPSi App. The Ride-Hailing Operator should contact TAPSi if they have any questions regarding these User ratings.
To help the TVDE Operator maintain good User ratings, TAPSi undertakes to provide assistance with TAPSi Services, as well as guidance on the steps the TVDE Operator may wish to take to maintain good User feedback. Therefore, it is up to the TVDE Operator to determine how it provides the Transportation Services.
User ratings are expressly prohibited.

14. MONITORING

Certain metrics may be monitored by TAPSi in order to ensure compliance with the obligations of the TVDE Operator under this Agreement and to preserve the integrity and maintain the operation of the TAPSi Platform.
TAPSi provides the TVDE Operator with all relevant information (including in the TVDE Operator Account) to allow the TVDE Operator to assess the performance of its vehicle fleet.
The TVDE Operator and/or the Drivers acting on its behalf may be notified, for informational purposes, of certain metrics associated with their account and its progress.

15. DISPUTES BETWEEN THE TVDE OPERATOR AND THE USER

Since TAPSi is not a party to the Transport Services Contract entered into between the User and the TVDE Operator, any disputes between the User and the TVDE Operator must be resolved directly between these parties.

16. MARKET INFORMATION AND MARKETING CAMPAIGNS

TAPSi may send market information to the Ride-Hailing Operator (RTP) via the TAPSi App, the RTP Operator Account, SMS, email, or any other authorized means, so that it can assess when passenger demand is highest. Such market information does not constitute any obligation for the RTP Operator. As market estimates are based on previous statistics, TAPSi does not guarantee that the current market situation will correspond to the estimates provided in the market information made available to the RTP Operator.
TAPSi may occasionally run promotional offers or campaigns. Further details of any promotional campaigns, and how TVDE Operators and/or Drivers acting on their behalf will be eligible to participate, will be made available to you through the TAPSi app or communicated otherwise.
TAPSi may also develop campaigns for Passengers in order to market the TAPSi App. If the Trip Price is reduced as a result of the campaign, TAPSi undertakes to pay compensation to the TVDE Operator, equivalent to the monetary value of the benefit granted to the Passenger. TAPSi reserves the right to deduct the amount of the marketing compensation from the Intermediation Fee owed by the TVDE Operator to TAPSi.

17. RESPONSIBILITY

TAPSi Services, Software, the TAPSi App, and TAPSi Accounts, their content and functionality, are provided "as is" and "as available," and to the maximum extent permitted by law, TAPSi excludes all warranties, express or implied, with respect to TAPSi Services, Software, the TAPSi App, and TAPSi Accounts, their content and functionality. TAPSi and its partners do not represent, warrant, or guarantee that access to the TAPSi App and TAPSi Accounts will be uninterrupted or error-free. Since the use of the TAPSi App to request Transportation Services depends on User behavior, TAPSi does not guarantee that the use of the TAPSi App by the TVDE Operator will result in requests for Transportation Services. TAPSi is not responsible for the proper, uninterrupted, and fault-free operation of the TAPSi Software or App when it is outside its control, nor for any loss or damage suffered by the TVDE Operator or the Driver acting on its behalf arising therefrom. The TVDE Operator acknowledges and agrees that the TAPSi Software and App may be used by the TVDE Operator or the Drivers acting on its behalf to schedule Transportation Services, but that TAPSi has no liability to the TVDE Operator or the Drivers acting on its behalf in relation to any Transportation Services, except as expressly set forth in this Agreement.
To the extent permitted by applicable law, TAPSi assumes no liability for any losses or damages that the TVDE Operator may incur in relation to the Contract or as a result of the use of the TAPSi App and/or TAPSi Accounts and/or TAPSi Services, which include, but are not limited to:
– any direct or indirect material damage or monetary loss;
– loss of anticipated profits or benefits;
– loss of business, contracts, contacts, prestige, reputation and any other losses that may arise due to business interruption;
– loss or inaccuracy of data; and
– any other indirect or consequential loss or damage.
TAPSi will endeavor to remove unwanted Users from the TAPSi App. However, TAPSi assumes no responsibility for the actions or inactions of Users or their companions who use the TAPSi App and is not liable for any loss or damage suffered by the TVDE Operator as a result of the actions or inactions of Users or their companions.
Without prejudice to any liability to a third party imposed by law, the TVDE Operator shall indemnify TAPSi for any losses incurred in relation to (i) the violation of any applicable laws or regulations in the provision of the Transport Services, or (ii) the breach of the TVDE Operator's obligations under the Transport Services Contract, carried out by itself, including if in both cases such breach results from a Driver acting on behalf of the TVDE Operator.
The TVDE Operator assumes responsibility for compliance with this Agreement and for the provision of Transportation Services. The TVDE Operator undertakes to indemnify TAPSi, its subsidiaries, directors and employees for any claims, liabilities, losses, damages, claims for lost profits, penalties, fines, costs and expenses of any nature, related to or resulting from or connected with the use of the Software, the TAPSi App and/or the TAPSi Accounts and/or the TAPSi Services and the provision of passenger Transportation Services, including (a) for breach of the Agreement, even through the right of recourse, or the documents incorporated by reference; (b) for violation of any law or rights of third parties, including, without limitation, Users, other drivers and pedestrians, as a result of the interaction of the behavior of the TVDE Operator or Driver acting on its behalf with such third parties; (c) for any claim that any materials that the TVDE Operator sends to TAPSi or transmits through the Software infringe or violate the rights, including intellectual property rights, of third parties; (d) for the violation of the TVDE Operator's property rights, and for any damages resulting from the use of a TVDE vehicle used in the provision of Transportation Services; and/or (e) other activities related to the provision of Transportation Services.
The TVDE Operator undertakes to comply with all tax obligations relating to the fulfillment of its obligations arising from this Contract and/or the provision of passenger transport services through the Software. The TVDE Operator assumes full responsibility and undertakes to indemnify TAPSi and/or its subsidiaries for all tax expenses, duties, taxes, claims and penalties incurred arising from the non-compliance with the TVDE Operator's tax obligations, including, but not limited to, the non-payment of income tax, social security contributions, national insurance or any other tax on wages) and any other liability, deduction, contribution, assessment or claim arising from or made in relation to the performance of the Transport Services and/or the use of the Software by the TVDE Operator. The TVDE Operator further undertakes to indemnify TAPSi for all reasonable costs, expenses and any penalty, fine or interest incurred or payable by TAPSi in respect of or as a consequence of such liability, deduction, contribution, assessment or claim.
The TVDE Operator assumes all responsibility and will indemnify TAPSi in relation to any work-related claim or any claim based on employee status (including reasonable costs and expenses) brought by the TVDE Operator against TAPSi arising from or related to the provision of Transportation Services and/or the use of the Software by the TVDE Operator.
TAPSi has the right to share with the competent 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 TVDE Operator in connection with activities carried out through the TAPSi Platform.
If the TVDE Operator does not provide the information required by the aforementioned directive, TAPSi has the right to (i) cancel its account, (ii) prevent it from registering again on the TAPSi Platform and (iii) withhold payment of the Trip Price for trips taken, until it provides the requested information.
The TVDE Operator must ensure that any Driver providing Transportation Services on its behalf complies with all relevant laws and regulations, as well as the Agreement for the operation and use of the chosen means of transport (e.g., licenses, insurance, etc.), including all applicable consumer laws.

18. PROCESSING OF PERSONAL DATA

TAPSi and the TVDE Operator maintain separate personal data processing systems with respect to personal data processed under this Agreement. TAPSi and the TVDE Operator must:
– to comply with applicable data protection legislation, namely the General Data Protection Regulation (Regulation (EU) No 679/2016 or GDPR), including the adoption of appropriate technical and organizational measures for data protection. The data will be processed by TAPSi in accordance with its Privacy Policy applicable to the territory in question, available at https://TAPSi.pt, which may be amended at any time;
– to inform each other immediately about any incidents resulting from the processing of personal data or breach of this Agreement; and
– to provide reasonable assistance to each other in responding to requests for data from data subjects and competent public authorities.

19. DURATION AND TERMINATION

The Contract comes into effect from the moment the TVDE Operator creates a TVDE Operator Account.
The TVDE Operator may terminate the Contract at any time by sending written notice to TAPSi at least 30 (thirty) days in advance (for example by email to the following address: info@TAPSi.pt).
TAPSi may terminate the Contract with the TVDE Operator at any time and for any reason it deems appropriate, giving it a minimum notice of thirty (30) days on a durable medium (such as the email address provided when opening the TVDE Operator account) and with a statement of the reasons for that decision. The TVDE Operator will have the opportunity to clarify the facts and circumstances through our internal complaints process.
Pursuant to Article 14, paragraph 2, of Law No. 45/2018 of August 10, TAPSi has a legal obligation to block access to TAPSi Services to TVDE Operators, Drivers acting on their behalf, or vehicles that do not comply with the legal requirements set out in said law, if TAPSi becomes aware of such violations. The TVDE Operator is responsible for access to the TAPSi Platform by Drivers who do not comply with the legal requirements. TAPSi reserves the right to terminate the Contract and suspend the TVDE Operator Account and/or suspend any total or partial access associated with the TVDE Operator's TAPSi Account, without prior notice, in the event of: (i) a material or repeated breach by the TVDE Operator of any of its obligations under the Contract and/or any applicable laws or regulations or (ii) defamation intended against TAPSi or damage to TAPSi's image, reputation or business, as assessed by TAPSi. If the TVDE Operator has violated the terms of the Contract and/or any applicable laws or regulations, TAPSi may, at its sole discretion, prohibit that TVDE Operator from registering a new account, or take other necessary measures to prevent that person from providing passenger transport services through the Software.
Given that TAPSi is jointly and severally liable for the fulfillment of the obligations arising from the Transport Services Contract (under the terms imposed by Law no. 45/2018, of August 10), the following violations by the TVDE Operator will be considered compelling reasons for immediate termination: (i) unauthorized borrowing of a TAPSi Account or other fraudulent behavior, (ii) lack of documentation and qualifications necessary to provide Transport Services in accordance with Portuguese law, (iii) cases of violence or criminal offense committed by the TVDE Operator or by a Driver acting on its behalf against a Passenger during a Transport Service or against a TAPSi employee.
TAPSi may also terminate this Agreement with immediate effect in the following cases:
– TAPSi is subject to a legal or regulatory obligation to cease providing all of its intermediation services in a manner that does not allow it to comply with the thirty (30) day notice period; or
TAPSi exercises a right of termination for a compelling reason under national law in accordance with European Union law.
TAPSi also reserves the right to immediately suspend any access, in whole or in part, to the TAPSi Platform and the TVDE Operator's account during the investigation period if TAPSi suspects a breach of the Contract by the TVDE Operator, damage to the reputation of TAPSi's brand or business, security reasons, or fraudulent activity. Any such suspension will be of reasonable duration and will be lifted as soon as the investigation dispels any suspicions. TAPSi will exercise the aforementioned right in good faith. The TVDE Operator will be informed of the reasons for this decision in a durable medium and will have the opportunity to clarify the facts and circumstances of the suspected breach.
Upon termination of this Agreement for any reason, all rights granted to the TVDE Operator under this Agreement shall cease immediately, and the TVDE Operator must cease all activities authorized by this Agreement. Sections 4.2, 4.3, 10, 11, 12, 15 and 17 of these General Terms and Conditions shall remain in effect even in the event of termination of the Agreement.
As TAPSi is the provider of the TAPSi Platform and is subject to the EU Platform Regulations for Professionals (2019/1150) and the Digital Services Regulations (2022/2065), you have the right, by law, to object to any termination of this Agreement or any suspension of your access to the TAPSi Platform Services. TAPSi facilitates this right by providing an internal complaints handling system available at https://TAPSi.eu/en/legal/. You can find more information about TAPSi's internal complaints handling system, including how to file a complaint, here: the Internal Complaints Handling System Rules.
TAPSi reserves the right to suspend, for a reasonable period of time and after issuing prior notice, the processing of complaints and reports submitted through the Internal Complaints Handling System by Passengers, TVDE Operators, and Drivers acting on behalf of TVDE Operators, who frequently submit complaints or reports that are manifestly unfounded. In assessing the circumstances of the suspension, TAPSi considers the following:
– the absolute number of items containing manifestly illegal content or manifestly unfounded warnings or complaints submitted in a month; and
– the relative proportion of warnings and complaints in relation to the total number of information items provided or warnings submitted in a month; and
– the seriousness of the misuse of information dissemination mechanisms; and
– (if applicable) the author's intention to present manifestly unfounded allegations.
In the interest of maintaining a consistent and secure user experience on the TAPSi Platform, if the TVDE Operator or any person authorized to act on their behalf is suspended or terminated from the TAPSi application regarding Transportation Services, TAPSi reserves the right to suspend or terminate the TVDE Operator or any person authorized to act on their behalf from the TAPSi application for delivery services as well.

20. CHANGES

TAPSi reserves the right to make changes to any of the documents that form part of the Contract, in accordance with the following paragraphs of this clause.
TAPSi undertakes to notify the TVDE Operator at least 15 (fifteen) days in advance of any changes made to these Terms and Conditions, unless:
– TAPSi is subject to a legal or regulatory obligation that requires changes to the Terms and Conditions in a way that prevents it from respecting the notice period;
– The purpose of the change is to address an unforeseen and imminent danger related to the protection of TAPSi Services, the TAPSi App, TAPSi users, or suppliers against fraud, malicious software (malware), unsolicited commercial communications (spam), data breaches, or other cybersecurity risks; or
– The TVDE Operator has agreed to waive the prior notice requirement.

21. APPLICABLE LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with Portuguese law.
Any dispute that may arise in relation to this Agreement, whether concerning its existence, validity, interpretation, performance, breach, termination or otherwise, shall be resolved through negotiation. If the respective dispute arising from this Agreement cannot be resolved through negotiation, the dispute shall then be resolved in the Portuguese courts.

22. CONTACT INFORMATION

The TVDE Operator undertakes to immediately notify TAPSi of any changes to the TVDE Operator's contact information, and the TVDE Operator undertakes to keep the contact information accurate and up-to-date.
TAPSi's contact information is available on their website.

23. FINAL PROVISIONS

The TVDE Operator agrees that in certain cities or countries, TAPSi may assign any of its obligations under the Contract to an entity under the direct or indirect control of TAPSi.
If any provision of the Contract is deemed unenforceable, the parties shall replace the affected provision with an enforceable provision that most closely matches the intent and economic effect of the affected provision. The failure or delay by either party to perform any condition of the Contract shall not be deemed a waiver of that condition.
The TVDE Operator may not assign the Contract or any of its rights or obligations arising therefrom, unless otherwise stipulated in the Contract.
Any notification required under this Agreement shall be deemed sufficiently made if: (i) delivered personally, (ii) sent by courier service with proof of delivery, (iii) sent by registered mail, (iv) sent by email with acknowledgment of receipt, or (v) sent through the TVDE Operator Account. Any notification required under this Agreement shall be deemed to have been received: (i) if delivered personally, at the time of delivery to the other party; (ii) if delivered by courier service, on the date indicated by the post office as the date the envelope was delivered to the recipient; (iii) if sent by registered mail, on the 10th day after the document is delivered to the post office for delivery to the other party; (iv) if made available through TAPSi Accounts or (v) if sent by email, on the day the other party receives the email confirming that it has received the respective email or on the 2nd day after the email was sent, provided that the sender has not received an error notice (notifying that the email was not delivered to the other party) and has resent the email the following day and has not received a similar error notice.

Annex – Transportation Services Contract

These terms and conditions constitute a legally binding contract (the “Transportation Services Contract”) between individuals (“Passenger” or “User”) requesting transportation in ride-hailing vehicles (“Transportation Services”) and the providers of Transportation Services (“Ride-hailing Operators”) through the TAPSi App. The TAPSi Platform allows Users to request, compare, select and/or book Transportation Services in vehicles (“Trip Requests”) directly from and with a variety of participating Ride-hailing Operators. TAPSi provides a platform to facilitate Trip Requests directly between Users and Ride-hailing Operators. All terms not defined in this Transportation Services Contract have the meaning defined in the General Terms and Conditions agreed between TAPSi and the Ride-hailing Operators to which this Transportation Services Contract is attached.
USERS AND TVDE OPERATORS HEREBY ACKNOWLEDGE THAT TAPSi DOES NOT PROVIDE TRANSPORTATION SERVICES NOR ACT AS A TVDE OPERATOR; HOWEVER, TAPSi IS JOINTLY AND SEVERALLY LIABLE FOR COMPLIANCE WITH THE OBLIGATIONS ARISING FROM THE TRANSPORTATION SERVICES CONTRACT, WITHOUT PREJUDICE TO THE RIGHT OF REDRESS AGAINST THE TVDE OPERATOR.
Transportation Services are provided by operators licensed by the Institute for Mobility and Transport (IMT, IP), in accordance with Law No. 45/2018 of August 10th on the mainland, by the Regional Directorate of Economy and Land Transport (DRETT) when operating in the Autonomous Region of Madeira in accordance with Regional Legislative Decree 14/2020/M of October 2nd, or by the Regional Sub-Directorate of Land Transport (SRTT) of the Azores in accordance with Regional Legislative Decree No. 10/2022/A of May 24th. Whenever Transportation Services are provided by a TVDE Operator, the User enters into a contract with the TVDE Operator, under the terms of this Transportation Services Contract.
The TVDE Operator is obliged to:
– to ensure that the Driver in their service transports the User from their pick-up point to their destination point, subject to relevant unforeseen circumstances (for example, a mechanical breakdown). It is the TVDE Operator who determines when they are providing Transport Services, and therefore may accept, decline or ignore Transport Services, without prejudice to the rules regarding refusal of service, provided for in Law No. 45/2018, of August 10;
– to ensure that each Driver in its service provides Transportation Services through the TAPSi App in compliance with applicable legislation and regulations in force in Portugal, whether national, regional, municipal or international, including, but not limited to, possessing all the necessary licenses for this purpose, namely those required for the activity of TVDE driver. The TVDE Operator acknowledges that it is responsible for any violation of any laws and regulations, whether national, regional, municipal, or international, that may arise from the provision of Transportation Services;
– to ensure that the drivers in their service are registered on the TAPSi App in order to be able to provide Transportation Services through the TAPSi App;
– to ensure that each driver in its service provides transportation services in a professional manner, in accordance with best practices in the transportation sector;
– always have, and ensure that the drivers on duty have, where applicable, the necessary valid car insurance, civil liability and personal accident insurance, which include the passengers transported and their respective damages, in an amount not less than the minimum legally required for the activity of rental transport in light passenger vehicles and any other insurance that may be required in the applicable jurisdiction for the provision of passenger transport services and specifically for transport in TVDE (Transport of Passengers in Light Vehicles).
– to ensure that the vehicles used for the Transportation Services provided by it are registered in the TAPSi App and that they comply with all legal requirements and regulations regarding their circulation, parking and use for the purpose of transporting passengers in TVDE (Transport of Passengers in Light Vehicles);
– to ensure that the provision of Transport Services by Drivers complies with the provisions agreed upon in the Contract signed between TAPSi and the TVDE Operator and with all applicable legislation regarding the Price of the Trip, payment methods and invoicing; and
– to comply with all requirements relating to access to and exercise of the TVDE transport activity, including those relating to licensing for the exercise of the activity, provided for in particular in Law No. 45/2018, of August 10.
– not to transport, nor allow Drivers acting on its behalf to transport, prohibited items while using the TAPSi Application and TAPSi Services, unless otherwise indicated by applicable laws. The TVDE Operator and/or Drivers acting on its behalf may refuse to provide Transportation Services to the unauthorized possessor of Prohibited Items. Prohibited items include, but are not limited to: (i) firearms and their parts, ammunition, bladed weapons, other articles specifically designed for attack and defense; (ii) flammable, combustible, explosive and radioactive substances or other ionizing substances, ammunition, gases, infectious, poisonous or corrosive materials which, by their nature, may constitute a danger to the environment; (iii) drugs and other psychotropic substances subject to special control under the law; (iv) any other objects or articles that cannot be transported by law and that cannot be transported without additional licenses, authorizations and approvals.
The TVDE Operator and the User agree that any change or cancellation of a Travel Request must be made in accordance with the terms set out on the TAPSi Platform and that the terms set out on the TAPSi Platform will prevail in relation to any no-show by the User and any refunds eventually due to the User.
The User agrees that:
– The Trip Price is charged for each Transportation Service performed at the User's request and mediated through the TAPSi App;
– For the provision of Transportation Services, the Trip Price will be calculated based on variable factors, including (but not limited to) the trip distance as determined by the GPS system, the trip duration, local market fluctuations, as well as any applicable taxes. The User acknowledges that the Trip Price may be lower or higher than the estimate initially presented in the TAPSi App. Alternatively, the TAPSi App may offer a pre-determined fixed price, which the User may choose, as an alternative to the price calculated based on the distance and duration of the trip;
Demand is a determining factor in calculating the Trip Price. The price described above may be multiplied by 0.1 to 2 according to the software algorithm that determines demand at the time of travel;
– This Trip Price (calculated as described above) may change if the Passenger changes destination during the trip, if the trip is substantially longer than initially estimated (due to traffic or other external factors), or when other unexpected circumstances not attributable to TAPSi alter the characteristics of the trip (for example, the road used has tolls);
– The Trip Price may be recalculated if the User requests a change to the initially indicated route, or in trips made in the “Private Driver” category when the maximum permitted time limit is exceeded or the Trip exceeds 60 (sixty) kilometers.
– In the case of the “Private Driver” category, it will be available for a minimum of one hour and a maximum of two hours, with the trip to be completed within the maximum limit of two hours. The price of the trip will be at least the hourly rate for the first hour, even if the trip time does not reach 60 minutes. After the first hour, the price of the trip will be calculated per minute. Notwithstanding the above, if the trip exceeds 60 kilometers, regardless of its duration, an additional fee will be charged for each kilometer exceeded. The applicable rates for the “Private Driver” category are available in the App at the time the Passenger requests the service.
– In accordance with Law No. 45/2018, of August 10, the User may only pay the Trip Price for the Transportation Service through In-App Payment. If no technical or other error is displayed during payment, the TVDE Operator cannot request a separate amount for the Trip Price from the User;
– TAPSi is exempt from the obligation to make any payments to the TVDE Operator due by the User if the In-App Payment fails because the User's credit card or mobile payment is cancelled, or unsuccessful, for reasons not attributable to TAPSi;
– TAPSi reserves the right to adjust the Trip Price in cases where an irregularity or violation is detected (such as the lack of indication that the trip is complete in the TAPSi App after the Transportation Service is completed) or if a technical error affecting the final price is detected. TAPSi may also adjust the price if there are well-founded and legitimate reasons to believe that fraud has been committed or if a Passenger complaint indicates a violation of the TVDE Operator's obligations under this Contract or a violation of the legislation and regulations applicable to the provision of Transportation Services. TAPSi will only exercise this right in a reasonable and justified manner; and
– TAPSi is not responsible for any attempted fraud committed by Users in the context of trips undertaken (i) whose distance exceeds 100 km, (ii) whose final price for the User exceeds €60.00 (sixty euros), or (iii). Thus, TAPSi declares that, for this type of trip, it is not responsible if the payment cannot be collected from the User's card.
The User and the TVDE Operator agree that any disputes between them must be resolved directly between those parties.
The Transportation Services Contract will be governed and implemented in accordance with the laws of Portugal.