P2P Transport Agreement

Version: june 2020

It is important to us that as colleagues you can step in a car together carefree. Of course we assume that you can perfectly organise this yourself. Both the motorist and the passenger want to feel comfortable when sharing a journey. To give you some handles, we established some guidelines. In brief this implies the following.

When you step in a car together, you conclude a so-called Peer-to-Peer (P2P) transport agreement with each other. It is not as complicated as it may sound. It gives answers to how you are paid and what happens if somebody fails to show up.

It is, however, not a disaster if something does not proceed entirely as it should. It is, however, good to know how we handle this. You can read this in the following guidelines.
Do you have questions? Then we are here for you. You can chat with us or email us.

Introduction
When a Motorist and a Passenger (hereinafter jointly referred to as: the “Parties” and both individually as: a "Party") agree to share a journey via Toogethr, the said arrangements form a ''Transport Agreement' between the Parties. These "Transport Arrangements' are applicable to this transport agreement. The same definitions as used in the ''Conditions of Use'' for Toogethr are applicable, by which the Motorist and Passenger are equally bound.

Motorist

1. The Motorist shall in accordance with the stipulated journey perform the journey by deploying a car and by driving the said car.

2. The Motorist shall not require a fee from the Passenger.

3. The Motorist ensures that the car to be deployed has a seat available for the Passenger and potentially stipulated fellow travellers. Moreover, the car must be in a safe and clean condition, be insured sufficiently, have, where required, valid MOT and have a maximum of eight seats for passengers.

4. The Motorist is in possession of a valid driving licence and shall comply with the traffic rules.

5. The Motorist can transport more than one Passenger but cannot transport more persons than the number of available official seats in the car.

6. The Motorist commits to drive directly to the destination, unless the Parties agree otherwise.

7. The Motorist does not fall under the Dutch Passenger Transport Act 200 and does therefore not need to comply with a permit required pursuant to the said Act.

Term and termination of the Transport Agreement

1. The Transport Agreement is concluded when (1) the one Party offers the other Party to drive an indicated journey, and (2) the other Party then accepts this request.

2. The Transport Agreement comes to an end after performance of the journey.

3. In joint consultation (by SMS or email) the Transport Agreement can be terminated early.

4. In this respect both parties are held to also communicate the cancelled journey via support@toogethr.com.

5. If one of the Parties appears to be unable to implement this agreement, due to urgent reasons, then the latter commits to inform the other Party as soon as possible, stating the reason.

Passenger

1. The Passenger shall comply with the traffic rules and shall follow potential safety instructions of the Motorist during the journey.

2. The Passenger is not liable to pay a fee to the Motorist.

3. If the Passenger wants to bring along luggage other than usual then this must be coordinated in advance with the Motorist. The Motorist is free to revoke the offer to bring along the Passenger on the basis of this. If the Passenger is consequently not joining the journey then this is qualified as a “No-Show” of the Passenger.

4. The Transport Agreement may imply that the Passenger brings along one or more fellow travellers. Only the Passenger is a Party to the transport agreement, not his potential fellow traveller(s). The Passenger guarantees that his fellow travellers shall comply with the Transport Agreement and these Transport Arrangements.

No-Show

1. The Parties are present at the pick-up location in a timely fashion, unless the Parties agree on a different departure location and/or time.

2. In case of a delay or another deviation from the arrangements, the Parties shall inform each other accordingly. It is up to the Parties to coordinate whether they agree with these deviating arrangements.

3. If the journey is not carried out because one of the Parties only appears 15 minutes late or not at all then there shall be question of a “No-Show”.

4. Toogethr checks on No-Show at random and shall, at the request of one or both prejudiced parties, examine individual instances. If there actually appears to be question of a No-Show then Toogethr reserves the right to act as follows:

a. In case of a No-Show of a Party, the other Party does not need to wait for this or otherwise take this into account.

b. In case of a No-Show by the Passenger or his potential fellow traveller(s), the Motorist shall receive the fee (units) equal to the situation as it the journey would have been carried out.

c. In case of a No-Show by the Motorist, the Passenger shall receive the fee (units) equal to the situation as if the journey would have been carried out.

d. In case of a No-Show of a Party the relevant Party shall receive a penalty in the form of a reduction of units equal to the total units of the relevant Party.

Term and termination of the Transport Agreement

1. The Transport Agreement is concluded when (1) the one Party offers the other Party to drive an indicated journey, and (2) the other Party then accepts this request.

2. The Transport Agreement comes to an end after performance of the journey.

3. In joint consultation (by SMS or email) the Transport Agreement can be terminated early.

4. In this respect both parties are held to also communicate the cancelled journey via support@toogethr.com.

5. If one of the Parties appears to be unable to implement this agreement, due to urgent reasons, then the latter commits to inform the other Party as soon as possible, stating the reason.

Misce

1. The can give each other ratings and reviews via Toogethr and on the website at their own discretion. In this respect the Parties shall observe the relevantly applicable statutory rules.

2. Dutch law is applicable to the Transport Agreement and these Transport Arrangements.

3. If a dispute in connection with the Transport Agreement and these Transport Arrangements cannot be settled amicably then it can be brought to the cognisance of the competent court according to Dutch law