Transferhood Partner Terms and Conditions
Last Updated: December 2024
Please note that the English translation of this contract is provided for the convenience of our non-Bulgarian speaking suppliers. Notwithstanding this, only the Bulgarian version is legally binding.
This Partnership Agreement ("Agreement") is concluded between PTS Travel Solutions Ltd., a company registered in Bulgaria with VAT number BG207914623, with registered address at Knyaz Boris I Street No:8 Floor:5 Office:1, Sofia, Bulgaria ("Company" or "Transferhood"), and the transportation service provider ("Carrier" or "Partner") who accepts these terms through the platform registration process.
1. Definitions
"Platform" means the Transferhood website (www.transferhood.com) and mobile applications through which transportation services are offered and booked.
"Company Customer" means any natural or legal person who books transportation services through the Platform.
"Passenger" means any natural person who uses the transportation services, whether or not they are the Company Customer.
"Carrier" or "Partner" means any natural or legal person who provides transportation services through the Platform.
"Transportation Services" means private passenger transportation services provided by the Carrier through the Platform.
"Reservation" means a booking made by a Company Customer for Transportation Services through the Platform.
"PSP" means Payment Service Provider, the third-party payment processing service used by the Platform.
"Business Wallet" means the electronic account maintained on the Platform for each Carrier, reflecting the balance of funds from completed Transportation Services.
2. Purpose of the Contract
2.1. This Agreement establishes the terms and conditions under which the Carrier may offer and provide Transportation Services to Company Customers through the Platform.
2.2. The Company operates an electronic information service platform that connects Company Customers seeking transportation services with Carriers who provide such services.
2.3. The Company acts solely as an intermediary between Company Customers and Carriers. The Company is not a transportation service provider and does not provide transportation services itself.
3. Company's Role
3.1. The Company provides an information society service within the meaning of the Bulgarian Electronic Commerce Law (Zakon za elektronnata targoviya).
3.2. The Company's role is limited to:
• Providing and maintaining the Platform;
• Facilitating the connection between Company Customers and Carriers;
• Processing payments on behalf of Carriers;
• Providing customer support services;
• Managing the booking and reservation system.
3.3. The Company does not control, manage, or direct the Carrier's provision of Transportation Services. The Carrier maintains full independence in determining how to provide Transportation Services.
4. Obligations of the Company
4.1. The Company shall:
• Maintain the Platform in operational condition;
• Process reservations and communicate them to the Carrier;
• Process payments from Company Customers and remit funds to Carriers in accordance with this Agreement;
• Provide customer support to Company Customers and Carriers;
• Maintain appropriate security measures to protect Platform data;
• Provide the Carrier with access to the Partner dashboard and relevant booking information.
4.2. The Company shall provide reasonable notice of any material changes to the Platform or this Agreement.
5. Contract Duration and Right of Withdrawal
5.1. This Agreement enters into force upon the Carrier's acceptance of these terms during the registration process and continues until terminated by either party.
5.2. Either party may terminate this Agreement at any time by providing written notice to the other party.
5.3. Upon termination:
• The Carrier's access to the Platform will be suspended;
• All pending reservations must be fulfilled unless otherwise agreed;
• Outstanding payments will be settled in accordance with Section 23;
• The Carrier must return any Company property or materials.
6. Registration on the Platform
6.1. To become a Partner, the Carrier must complete the registration process on the Platform, which includes:
• Providing accurate and complete information about the Carrier and its business;
• Submitting required documentation (business license, insurance certificates, vehicle registration, etc.);
• Accepting these Terms and Conditions;
• Completing any verification process required by the Company.
6.2. The Carrier warrants that all information provided during registration is accurate, complete, and up-to-date. The Carrier must promptly notify the Company of any changes to this information.
6.3. The Company reserves the right to reject any registration application or to suspend or terminate any Partner account at its discretion.
7. Transportation Services
7.1. The Carrier agrees to provide Transportation Services in accordance with:
• All applicable laws and regulations;
• The terms of each Reservation;
• The Company's Booking Conditions as published on the Platform;
• Professional standards of care and safety.
7.2. The Carrier shall ensure that:
• All vehicles used are properly licensed, insured, and maintained;
• All drivers hold valid licenses and meet legal requirements;
• Vehicles are clean, safe, and suitable for passenger transportation;
• Vehicles are no older than 8 years.
8. Other Obligations of the Carrier
8.1. The Carrier shall:
• Accept and fulfill Reservations in accordance with the terms specified;
• Arrive at the pick-up location at the agreed time;
• Provide professional and courteous service to Passengers;
• Maintain appropriate insurance coverage at all times;
• Comply with all applicable tax obligations;
• Keep accurate records of all Transportation Services provided;
• Immediately report any accidents or incidents to the Company.
8.2. The Carrier shall not:
• Subcontract Transportation Services without prior written approval from the Company;
• Solicit Company Customers for services outside the Platform;
• Disclose confidential information about Company Customers or the Company;
• Engage in any conduct that may damage the reputation of the Company or the Platform.
9. Carrier's Rights and Availability of Transportation Services
9.1. The Carrier has the right to:
• Set their own availability on the Platform;
• Accept or decline Reservations according to their availability;
• Determine the areas in which they offer services;
• Set pricing within the parameters established by the Platform.
9.2. The Carrier may update their availability at any time through the Partner dashboard.
9.3. Once a Reservation is accepted, the Carrier is obligated to fulfill it unless exceptional circumstances prevent this.
10. Relations with Company Customers and Passengers
10.1. The contract for Transportation Services is concluded directly between the Carrier and the Company Customer. The Company is not a party to this contract.
10.2. The Carrier is solely responsible for the provision of Transportation Services to Passengers.
10.3. The Carrier shall treat all Passengers with respect and professionalism, regardless of their nationality, religion, gender, or any other characteristic.
10.4. The Carrier shall not request additional payments from Passengers except as permitted under the Booking Conditions.
11. Relationship Between Carrier and Company
11.1. The Carrier is an independent contractor and not an employee, agent, or partner of the Company.
11.2. Nothing in this Agreement creates an employment relationship, partnership, joint venture, or agency relationship between the parties.
11.3. The Carrier is responsible for their own taxes, social security contributions, and other statutory obligations.
11.4. The Carrier has no authority to bind the Company or make representations on behalf of the Company.
12. Execution of the Transportation Services
12.1. Upon accepting a Reservation, the Carrier shall:
• Review all Reservation details carefully;
• Contact the Passenger if clarification is needed;
• Arrive at the pick-up location at least 15 minutes before the scheduled time;
• Display identification as required (name sign for airport pickups, etc.);
• Assist Passengers with luggage as appropriate;
• Follow the agreed route unless the Passenger requests otherwise;
• Complete the journey safely and efficiently.
12.2. The Carrier shall mark the journey status in the Platform application (started, completed, etc.) to enable proper tracking and payment processing.
13. Delay or No-Show of the Passenger
13.1. Waiting time allowances are as specified in the Booking Conditions:
• Standard transfers: 15 minutes free waiting time;
• Airport, port, and train station transfers: 60 minutes free waiting time.
13.2. If the Passenger does not appear within the free waiting period and cannot be contacted, the Carrier shall:
• Attempt to contact the Passenger using the provided contact details;
• Wait for the full free waiting period;
• Report the no-show through the Platform;
• Document the situation with timestamps.
13.3. In case of Passenger no-show, the Carrier is entitled to the full fare as specified in the Reservation.
14. Rights of the Company Customer and Passenger
14.1. Company Customers and Passengers have the right to:
• Receive Transportation Services as described in the Reservation;
• Safe and professional transportation;
• Assistance with reasonable luggage;
• Information about the journey and estimated arrival time;
• File complaints about service quality.
14.2. The Carrier shall respect and facilitate these rights at all times.
15. Limitations of Liability of the Company
15.1. The Company's liability is limited to its role as an intermediary platform provider.
15.2. The Company is not liable for:
• The acts or omissions of Carriers;
• The quality of Transportation Services;
• Delays, cancellations, or failures in Transportation Services;
• Loss, damage, or injury arising from Transportation Services;
• Disputes between Carriers and Passengers.
15.3. The Carrier agrees to indemnify and hold harmless the Company from any claims arising from the Carrier's provision of Transportation Services.
16. Communication and Complaint Management
16.1. The Company will forward customer complaints to the Carrier for resolution.
16.2. The Carrier shall:
• Respond to complaints within 48 hours;
• Cooperate with the Company in investigating complaints;
• Take appropriate action to resolve valid complaints;
• Implement measures to prevent recurring issues.
16.3. The Company reserves the right to resolve complaints directly and charge the Carrier for any refunds or compensation provided to customers due to the Carrier's fault.
17. Confidentiality, Integrity and the Relationship Between the Parties
17.1. Both parties agree to maintain the confidentiality of information received from the other party.
17.2. Confidential information includes but is not limited to:
• Customer data and personal information;
• Business strategies and pricing information;
• Technical information about the Platform;
• Financial information.
17.3. This confidentiality obligation survives the termination of this Agreement.
18. Termination of Partnership Agreement and Penalties
18.1. The Company may terminate this Agreement immediately if the Carrier:
• Breaches any material term of this Agreement;
• Provides false or misleading information;
• Engages in fraudulent or illegal activity;
• Receives multiple serious complaints;
• Fails to maintain required licenses or insurance;
• Brings the Company or Platform into disrepute.
18.2. The Company may impose penalties for breaches of this Agreement, including:
• Warnings;
• Temporary suspension from the Platform;
• Financial penalties;
• Permanent termination.
19. Applicable Law and Jurisdiction
19.1. This Agreement is governed by the laws of the Republic of Bulgaria.
19.2. Any disputes arising from this Agreement shall be resolved by the competent courts of Bulgaria.
19.3. The parties agree to attempt to resolve disputes amicably before resorting to legal proceedings.
20. Processing of Personal Data of Passengers/Company Customers
20.1. The Carrier acknowledges that in providing Transportation Services, they may process personal data of Passengers and Company Customers.
20.2. The Carrier agrees to:
• Process personal data only for the purpose of providing Transportation Services;
• Implement appropriate security measures to protect personal data;
• Not retain personal data longer than necessary;
• Not share personal data with third parties without authorization;
• Comply with all applicable data protection laws, including GDPR.
20.3. The Carrier shall immediately notify the Company of any data breach affecting Passenger or Company Customer data.
21. Processing of Personal Data of Carriers
21.1. The Company processes personal data of Carriers in accordance with its Privacy Policy.
21.2. Personal data collected includes:
• Identification and contact information;
• Business and licensing information;
• Financial and payment information;
• Performance and rating data;
• Communication records.
21.3. The Company may share Carrier data with Company Customers as necessary for the provision of Transportation Services.
22. Payment Methods for Transportation Services
22.1. Payment for Transportation Services may be made through:
• Online payment through the Platform (credit card, debit card);
• Cash payment to the driver (where available);
• Other payment methods as made available on the Platform.
22.2. For online payments, funds are collected by the Company on behalf of the Carrier through the PSP.
22.3. Cash payments received by the Carrier are the property of the Carrier immediately upon receipt.
23. Fees, Payment Methods and Billing
23.1. The Company charges a commission fee for each completed Transportation Service booked through the Platform. The commission rate shall not exceed 30% (thirty percent) of the total fare. The applicable commission rate is communicated to the Carrier during registration and may be updated from time to time with reasonable notice.
23.2. The commission is calculated as a percentage of the total fare for each Reservation and shall not exceed the maximum rate specified in clause 23.1.
23.3. For online payments:
• The Company collects the full fare from the Company Customer;
• The Company deducts its commission and any applicable fees;
• The remaining balance is credited to the Carrier's Business Wallet;
• Funds can be withdrawn according to the payment schedule.
23.4. Payment Schedule:
• Payments are processed twice monthly (on the 1st and 15th of each month);
• The Carrier must have a verified bank account for fund transfers;
• Minimum withdrawal amounts may apply.
23.5. The Company provides detailed statements of all transactions through the Partner dashboard.
23.6. For cash payments:
• The Carrier retains the cash received;
• The Company's commission is deducted from subsequent online payments or invoiced separately.
24. Force Majeure
24.1. Neither party shall be liable for failure to perform obligations under this Agreement if such failure results from circumstances beyond their reasonable control, including but not limited to:
• Natural disasters;
• War, terrorism, or civil unrest;
• Government actions or restrictions;
• Pandemics or epidemics;
• Severe weather conditions;
• Technical failures beyond the party's control.
24.2. The affected party must notify the other party promptly of any force majeure event and its expected duration.
24.3. If a force majeure event continues for more than 30 days, either party may terminate this Agreement without penalty.
25. Reviews and Ratings
25.1. Company Customers may submit reviews and ratings regarding the Transportation Services provided by the Carrier through the Platform.
25.2. Reviews are an important tool for maintaining service quality and helping Company Customers make informed decisions.
25.3. The Carrier acknowledges that:
• Reviews submitted by Company Customers will be published on the Platform and may affect the Carrier's visibility and ranking;
• The Company may use reviews in marketing and promotional materials;
• The Company reserves the right to remove reviews that violate Platform policies or contain inappropriate content;
• The Carrier may respond to reviews through the Partner dashboard.
25.4. The Carrier shall not:
• Offer incentives to Company Customers in exchange for positive reviews;
• Pressure, threaten, or coerce Company Customers regarding reviews;
• Submit fake or misleading reviews;
• Manipulate the review system in any way.
25.5. Violation of the review policies may result in penalties, including suspension or termination of the Partner account.
26. Positioning and Search Results
26.1. The Platform uses an algorithm to determine the order in which Carriers appear in search results displayed to Company Customers.
26.2. The main parameters affecting Carrier positioning include:
• Customer ratings and reviews: Higher-rated Carriers may appear more prominently in search results;
• Availability and response time: Carriers who respond quickly to reservation requests and maintain accurate availability;
• Completion rate: The percentage of accepted reservations that are successfully completed;
• Service quality metrics: Including punctuality, customer satisfaction, and complaint history;
• Geographic proximity: Distance from the requested pick-up location;
• Vehicle suitability: Match between customer requirements and available vehicles.
26.3. The Company reserves the right to modify the positioning algorithm at any time to improve service quality and customer experience.
26.4. Carriers may improve their positioning by:
• Maintaining high service quality standards;
• Responding promptly to reservation requests;
• Keeping availability information up to date;
• Fulfilling accepted reservations reliably.
26.5. The Company does not guarantee any specific position in search results. Paid promotion options may be offered separately.
27. Mediation
27.1. In the event of any dispute arising from or related to this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations.
27.2. If the dispute cannot be resolved through negotiation within 30 days, either party may request mediation before initiating legal proceedings.
27.3. Mediation shall be conducted by a mutually agreed mediator or, failing agreement, by a mediator appointed by the competent mediation center in Bulgaria.
27.4. The costs of mediation shall be shared equally between the parties unless otherwise agreed or determined by the mediator.
27.5. Any settlement reached through mediation shall be reduced to writing and signed by both parties.
27.6. If mediation does not result in a resolution within 60 days from the appointment of the mediator, either party may proceed with legal action in accordance with Section 19.
27.7. Nothing in this section prevents either party from seeking urgent injunctive relief from the courts where necessary to protect their rights.
28. Joint Controller Agreement
28.1. For the purposes of Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR), the Company and the Carrier act as joint controllers with respect to the processing of personal data of Company Customers and Passengers in connection with the provision of Transportation Services.
28.2. The respective responsibilities of the joint controllers are as follows:
28.2.1. Company's Responsibilities:
• Collection and initial processing of Company Customer data through the Platform;
• Secure storage of personal data on Platform systems;
• Processing of payment data through the PSP;
• Responding to data subject access requests related to Platform data;
• Maintaining the Privacy Policy and related documentation;
• Implementing appropriate technical and organizational security measures for Platform data.
28.2.2. Carrier's Responsibilities:
• Processing of personal data received from the Company solely for the purpose of providing Transportation Services;
• Implementing appropriate security measures to protect personal data in their possession;
• Ensuring that any employees or subcontractors who access personal data are bound by confidentiality obligations;
• Not retaining personal data longer than necessary for the provision of Transportation Services;
• Cooperating with the Company in responding to data subject requests;
• Notifying the Company immediately of any data breach.
28.3. The contact point for data subjects regarding the processing of their personal data is the Company, at the contact details provided in this Agreement.
28.4. Data subjects may exercise their rights under GDPR (including rights of access, rectification, erasure, restriction, portability, and objection) by contacting the Company.
28.5. Both parties shall maintain records of processing activities as required by Article 30 of GDPR.
28.6. In the event of a data protection complaint or regulatory inquiry, both parties shall cooperate fully and in good faith to address the matter.
29. Miscellaneous Provisions
29.1. Working Days: For the purposes of this Agreement, "working days" means Monday through Friday, excluding public holidays in Bulgaria.
29.2. Entire Agreement: This Agreement, together with the Booking Conditions and Privacy Policy published on the Platform, constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations.
29.3. Precedence: In case of any conflict between the provisions of this Agreement and other documents or communications, the provisions of this Agreement shall prevail, unless explicitly stated otherwise.
29.4. Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
29.5. Waiver: The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or the right to enforce it at a later time.
29.6. Assignment: The Carrier may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign this Agreement to any affiliate or successor entity.
29.7. Notices
29.7.1. Form of Notice: Any notice, request, demand, or other communication required or permitted under this Agreement must be made in written form. Verbal communications, including telephone calls, do not constitute valid notice for the purposes of this Agreement.
29.7.2. Permitted Delivery Methods: Notices may be delivered through the following channels:
• Electronic mail to the registered email address;
• Courier or express delivery service with tracking capability;
• Registered postal mail with acknowledgment of receipt;
• In-platform messaging system, where available.
29.7.3. Deemed Receipt: A notice shall be considered received:
• For electronic mail: at the moment of successful transmission, unless the sender receives a delivery failure notification;
• For courier or express delivery: on the date shown on the delivery confirmation;
• For registered postal mail: on the date of signature by the recipient, or five (5) working days after dispatch if delivery is refused or unclaimed;
• For in-platform messages: immediately upon posting to the recipient's account.
29.7.4. Contact Information Updates: Each party is responsible for maintaining current and accurate contact information. Changes to contact details must be communicated to the other party within five (5) working days. The Company may update its contact information through the Platform, and such update shall be effective upon publication.
29.7.5. Notices Requiring Enhanced Delivery: The following notices must be sent via registered postal mail or courier service in addition to electronic mail:
• Termination of this Agreement;
• Claims for damages or compensation;
• Formal dispute notifications;
• Responses to regulatory or legal inquiries.
29.7.6. Language of Notices: Official notices may be issued in English or Bulgarian. The receiving party may request a translation, but the original language version shall prevail in case of discrepancy.
29.7.7. Consequences of Non-Compliance: Notices sent to outdated contact information due to the recipient's failure to provide updated details shall nonetheless be deemed validly delivered.
29.8. Amendments: The Company may amend this Agreement by providing reasonable notice to the Carrier. Continued use of the Platform after such notice constitutes acceptance of the amended terms.
29.9. Language: In case of any discrepancy between different language versions of this Agreement, the Bulgarian version shall prevail.
Contact Information
For any questions or assistance regarding this Agreement:
Email: support@transferhood.com
Address: Knyaz Boris I Street No:8 Floor:5 Office:1, Sofia, Bulgaria
© 2024 PTS Travel Solutions Ltd. All rights reserved.