Platform Terms of Use

These Terms are divided into five Parts. Part A applies to all users. In addition, the Part covering your role applies to you:

The consumer-protective provisions of Part B prevail for consumers over any conflicting provision in the other Parts.

Part A — General Terms

A1. Introduction and Acceptance

A1.1 These Terms of Use (the "Terms") govern access to and use of the apps, websites and services of Emaride EU S.à r.l. (together, the "Platform"). The operator is

Emaride EU S.à r.l. société à responsabilité limitée under Luxembourg law Represented by its sole manager Ramez Mohamad Alkhalaf Luxembourg [Placeholder: address to follow] Trade and Companies Register (RCS): registration pending VAT (TVA): registration pending Email: info@emaride.lu

A1.2 By creating an account or using the Platform you accept these Terms and the Part(s) applicable to you. If you do not accept them, do not use the Platform.

A1.3 Signed agreements prevail. Where you have a separate signed agreement with Emaride — a Fleet Partner Agreement or a Corporate Client Agreement — that agreement prevails for that relationship in case of conflict. The consumer-protective provisions of Part B are excluded from this: for a natural person acting as a consumer they always prevail.

A1.4 Evidence of acceptance. Your acceptance of these Terms is recorded and retained by us as evidence, including the date, the version and the method of acceptance (for example registration, confirmation in the app or in the web application). We retain this record in order to be able to demonstrate which version you accepted and when; it serves that purpose and the fulfilment of statutory obligations only. Details on the processing of this data are set out in the privacy policy (datenschutz).

A2. Definitions

• Platform — the apps, websites and services provided by Emaride for arranging Trips.
• Trip — passenger transport arranged via the Platform.
• Fare — the total price payable for a Trip, consisting of the base fare, time and distance components, any surcharges and the statutory value-added tax (TVA), as displayed or estimated before you confirm the booking.
• Commission — the fee Emaride invoices to the Fleet Partner for the intermediation. It does not increase the Fare shown to you.
• PSP — the licensed payment service provider that processes payments (merchant of record). Emaride uses Stripe for this purpose.
• Fleet Partner (also "Subcontractor") — a business approved by Emaride that operates vehicles and Drivers on the Platform and provides the transport in its own name.
• Driver — a natural person employed or engaged by a Fleet Partner who carries out the transport.
• Transport Contract — the contract for a specific Trip; it is concluded exclusively between the passenger and the Fleet Partner.
• Consumer — a natural person acting for purposes which are wholly or mainly outside their trade, business, craft or profession.
• Content — anything submitted or made available on the Platform, such as ratings and support messages.
• User — any person using the Platform.

A3. Nature of the Service (Intermediary, Not Carrier)

A3.1 Emaride operates the Platform as a technology intermediation service and online intermediation service. Emaride does not provide passenger transport, is not a transport carrier, and does not provide regulated payment services.

A3.2 The transport is provided by legally independent Fleet Partners and their Drivers, who are solely responsible for it. Emaride is not a party to the Transport Contract.

A3.3 Emaride is not the employer, not a co-employer, not the principal and not the agent of any Driver or Fleet Partner.

A3.4 The availability, quality, safety and timeliness of a Trip depend on third parties; Emaride does not warrant them.

A4. Account, Access and Security

A4.1 Use of the Platform requires an account. You must be at least 18 years old, have full legal capacity, and provide accurate and current information.

A4.2 You keep your credentials confidential and are responsible for activity under your account to the extent you are accountable for it. Notify us without delay of any unauthorised use.

A4.3 Emaride may verify identity and eligibility and may refuse, limit, suspend or close an account in accordance with these Terms and applicable law — proportionately and with a statement of reasons (Part B section B12, Part C section C6, Part D section D5).

A5. Liability

A5.1 Three tiers. Emaride is liable

1. without limitation for intent and gross negligence, for injury to life, body or health, for fraudulent misrepresentation, and in every other case in which a limitation of liability is not permitted by law;
2. for slight negligence only for breach of a material contractual obligation, and then limited to the damage typical for this type of contract and foreseeable;
3. otherwise not at all.

A5.2 What a material contractual obligation is. Material contractual obligations are those obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the contracting party regularly relies. In relation to the Platform these are, in particular: routing a confirmed booking to a responsible Fleet Partner, displaying and charging the Fare correctly, and providing the verification procedure under Part B section B5. We use this term in these Terms exclusively with the meaning defined here.

A5.3 Transport. The Fleet Partner, as the party to the Transport Contract, is solely liable for carrying out the transport.

A5.4 Users who are not consumers. For a User who is not a consumer and has no separate signed agreement with Emaride, Emaride's aggregate liability arising out of or in connection with the Platform is limited to EUR 5,000. The cases in section A5.1 no. 1 remain unaffected.

A5.5 Mandatory liability under Luxembourg consumer law and under the mandatory law of the country in which a consumer is habitually resident remains unaffected.

A6. Changes to These Terms

A6.1 Consumers. Changes take effect prospectively only. We inform you before they take effect on a durable medium. An amended version of these Terms applies to you only once you actively accept it — we do not provide for acceptance by silence or by mere continued use. If you do not accept the new version, you may continue to use the Platform to the previous extent until it takes effect and may close your account at any time.

A6.2 Business users. Vis-à-vis business users (Fleet Partners, corporate clients, professionally active Drivers) we notify changes to these Terms on a durable medium at least 15 days before they take effect (Art. 3(2) of Regulation (EU) 2019/1150 — P2B). Where a longer period is required to make technical or commercial adaptations, that longer period applies. The business user may terminate the relationship before the period expires. The period does not apply only to the extent that a legal obligation requires an immediate change or a security risk must be averted.

A7. Governing Law

These Terms are governed by the law of the Grand Duchy of Luxembourg, excluding the UN Convention on Contracts for the International Sale of Goods. If you act as a consumer, the mandatory protections of the country in which you are habitually resident remain unaffected (Art. 6 of Regulation (EC) No 593/2008 — Rome I). This choice of law cannot deprive you of the protection afforded by that law.

A8. Jurisdiction

A8.1 Consumers. You may bring proceedings against Emaride at your place of domicile or in Luxembourg. As a consumer you may be sued only at your place of domicile (Arts. 17–19 of Regulation (EU) No 1215/2012). No deviating exclusive forum is imposed on you, and no arbitration is imposed on you.

A8.2 Business users. For business users the dispute-resolution clause of their signed agreement applies; failing such a clause, the courts of Luxembourg have jurisdiction.

A9. Complaints and Out-of-Court Dispute Resolution

A9.1 Please first contact our support in the app or at info@emaride.lu. We operate an internal complaint process and will respond within a reasonable period.

A9.2 Statement under § 36 VSBG. Emaride is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body (§ 36(1) no. 1 of the German Consumer Dispute Resolution Act, VSBG).

A9.3 Luxembourg. For disputes connected with Luxembourg, consumers may contact the Service national du Médiateur de la consommation (6, rue du Palais de Justice, L-1841 Luxembourg; mediateurconsommation.lu).

A9.4 Disputes about account measures. Where the dispute concerns the restriction or removal of your account or your Content by Emaride as an online platform, you may in addition turn to an out-of-court dispute settlement body certified under Art. 21 of Regulation (EU) 2022/2065 (DSA); the European Commission publishes the list of certified bodies.

A10. Prohibited Use, Content and Reporting Channels

A10.1 You shall not use the Platform unlawfully, fraudulently or to prepare criminal offences. Prohibited in particular are: false information and impersonation; harassment, threats, discrimination against or endangerment of any person; circumventing Fares, fees or the Commission, including diverting Platform-introduced business off-Platform; interference with the Platform (hacking, scraping, reverse engineering, overloading, malware); infringement of third-party rights; carrying prohibited items; and manipulating ratings, referrals or promotions.

A10.2 The Platform, the software, the marks and Emaride's Content are protected by copyright and trade-mark law. You receive a non-exclusive, revocable, non-transferable right to use the Platform under these Terms. For Content you submit yourself (such as ratings) you grant Emaride a non-exclusive, royalty-free right to use it to operate and improve the service; data protection law remains unaffected.

A10.3 You can report illegal content or conduct via support in the app, to info@emaride.lu, or through the public notice form at www.emaride.lu/[country]/[language]/melden — the latter is available even without an account of your own (Art. 16(1) DSA). Emaride operates a notice-and-action process under Regulation (EU) 2022/2065 (DSA): you receive an acknowledgement of receipt, and every notice is decided with a statement of reasons (Art. 17 DSA). Emaride also maintains a single point of contact for authorities and users (see impressum).

A11. Final Provisions

A11.1 If a provision of these Terms is invalid, the remaining provisions remain effective.

A11.2 Failure to exercise a right is not a waiver of it. Emaride may transfer these Terms to affiliates or successors; your rights are not diminished thereby.

A11.3 Notices are given via the Platform or on a durable medium.

A11.4 The processing of personal data is governed by the privacy policy (datenschutz), for Drivers by datenschutz-fahrer, and for partner contact persons by datenschutz-partner.

A11.5 These Terms exist in German, French and English. All three versions are binding; in the event of discrepancies, the version in the language in which the Terms were used towards a consumer applies to that consumer. The annexes referred to in clause D7.1 — the data processing agreement for fleet partners and Schedule 7 — are available in English only.

Part B — Passengers (Consumers)

Part B applies to passengers acting as consumers. It prevails over any conflicting provision of these Terms to the extent it is more protective of the consumer.

B1. The Transport Contract

B1.1 You book an instant ride via the Platform. By confirming the booking you submit a binding offer to conclude a Transport Contract. The contract is concluded as soon as a Driver accepts the Trip; you receive a confirmation in the app.

B1.2 The Transport Contract is concluded exclusively between you and the responsible Fleet Partner. Emaride is not a party to that contract and does not itself owe you any transport service, but the intermediation and the technical handling.

B1.3 Allocation is area-based: bookings from a postal-code area are routed to the Fleet Partner responsible for that area. There is no entitlement to a specific Driver or vehicle.

B2. Fare, Transparency and VAT

B2.1 Before the binding booking, the pickup and destination, the Fare and its full breakdown are displayed to you (base fare, time and distance components, surcharges such as time of day or day of week).

B2.2 An immutable price snapshot is stored at the time of booking. This price is binding for the booked Trip unless the trip parameters (route, waiting time, stops) change. In case of deviations an adjustment is made in accordance with the displayed breakdown; the deviation is shown on your receipt.

B2.3 All prices include statutory value-added tax. For Trips crossing a national border, VAT is shown apportioned according to the distance travelled in each country.

B2.4 After each Trip you receive an itemised receipt in the app.

B3. Payment

B3.1 Payment is made exclusively cashless by card using the payment method stored in the app. Processing is handled by Stripe as the licensed payment service provider and merchant of record; Stripe's terms apply in addition.

B3.2 Emaride does not hold, possess or control any Fare funds and does not provide regulated payment services. The PSP collects the Fare from you and forwards it to the Fleet Partner; Emaride merely invoices its Commission to the Fleet Partner. Refunds, where due, are likewise processed via the PSP.

B3.3 Other payment methods — in particular cash — are not offered.

B3.4 The Fare is charged after completion of the Trip. Invoice and transaction data is retained for the legally prescribed period (in Luxembourg generally 10 years); details are set out in datenschutz.

B4. No 14-Day Right of Withdrawal — and Why

B4.1 There is no 14-day right of withdrawal for contracts concerning passenger transport. The legislator excluded passenger-transport contracts from the rules on distance contracts because the service is date-specific and short-notice: a vehicle dispatched for you cannot be deployed elsewhere after a later withdrawal. The legal basis is Art. 3(3)(k) of Directive 2011/83/EU and, for consumers resident in Germany, § 312(2) no. 5 BGB.

B4.2 Your rights under sections B6 and B7 — in particular free cancellation within the period stated there — remain unaffected, as do your statutory rights in the event of defective or non-performance.

B5. Verification at the Start of the Trip (OTP / QR)

B5.1 To ensure that the correct passenger enters the correct vehicle, we use a verification procedure based on a one-time code (OTP) or QR code.

B5.2 You present the code shown in the app at the start of the Trip, or have it scanned. The Trip cannot be started without successful verification. The code is deleted after verification.

B6. Cancellation by You

B6.1 You may cancel a booking at any time via the Platform. Cancellation before acceptance by a Driver, and within 5 minutes after acceptance, is free of charge.

B6.2 If you cancel after this 5-minute window or after the approach has started, a cancellation fee may be incurred. The amount is displayed to you before you confirm the cancellation. The cancellation fee is a flat EUR 5 (including VAT), but never more than the Fare.

B6.3 The cancellation fee is a lump-sum compensation for damage, not a penalty. It is structured as lump-sum damages and does not exceed the damage typically to be expected in the ordinary course of events — that is the dead-mileage and the waiting time of the Fleet Partner or the Driver, not the full Fare. You remain entitled to prove that no damage, or substantially lower damage than the lump sum, was incurred; in that case the fee is reduced or refunded accordingly (§ 309 no. 5 BGB and the corresponding provisions of Luxembourg consumer law).

B7. No-Show (Failure to Appear)

B7.1 If, after the Driver arrives at the pickup location, you do not appear within the waiting time displayed (currently 5 minutes) and cannot be reached, the Trip may be ended as a "no-show".

B7.2 In that case a no-show fee may be charged. An amount already authorised is released or refunded proportionately, less that fee. The no-show fee is a flat EUR 10 (including VAT), but never more than the Fare.

B7.3 The no-show fee is likewise a lump-sum compensation for damage, not a penalty: it does not exceed the damage typically to be expected (approach and waiting time, not the full Fare) and is transparently shown in the app. You remain entitled to prove that no damage, or substantially lower damage, was incurred (§ 309 no. 5 BGB).

B7a. Waiting time

B7a.1 Once the Driver has arrived at the agreed pickup location and the app shows the arrival, the waiting time begins. The first 5 minutes are free of charge. If you have selected the "extra boarding time" option, it is 10 minutes.

B7a.2 After that, a waiting time fee of EUR 0.50 per minute or part thereof becomes due, up to a maximum of 20 minutes (EUR 10). The fee compensates the fleet partner's actual waiting time; it is not a penalty.

B7a.3 The app shows you the running waiting time and the accruing fee for as long as the Driver is waiting.

B7a.4 If the Driver declares a no-show (clause B7), no waiting time fee is charged; only the flat fee under B7.2 applies.

B7a.5 The fee does not apply if the waiting time is due to a circumstance for which Emaride or the fleet partner is responsible.

B8. Tips

B8.1 You may voluntarily give a tip to the Driver. The tip is voluntary, is not part of the Fare and is allocated in full to the Driver or their Fleet Partner.

B8.2 Emaride charges no Commission on tips.

B9. Penalty System

B9.1 To safeguard service quality and protect Fleet Partners, Emaride operates a graduated system of measures for non-compliant behaviour (such as repeated short-notice cancellations or no-shows), with four levels:

1. Level 1 — Notice: information about the behaviour in question.
2. Level 2 — Warning: an explicit warning indicating further consequences.
3. Level 3 — Temporary restriction: temporary restriction of the booking function.
4. Level 4 — Suspension: suspension of the account.

B9.2 These are access- and usage-related measures under the house rules of the Platform, not a contractual penalty and not a payment obligation. Assessment is proportionate and considers behaviour within a rolling 30-day period.

B9.3 Every measure is communicated to you with a statement of reasons. A measure with significant effect — in particular restriction or suspension — is not taken solely by automated means. You are entitled to review by a human being, to express your point of view, and to contest the measure via support (Art. 22 GDPR).

B10. Ratings

B10.1 After a Trip, passenger and Driver may rate each other. Ratings must be truthful and factual.

B10.2 Offensive, discriminatory or unlawful ratings are not permitted and may be removed. You will be informed of the removal of a rating with reasons; you may contest it (section A9.4).

B11. Your Obligations

B11.1 You behave lawfully and respectfully, do not endanger or harass the Driver, wear the seatbelt, comply with reasonable safety instructions and do not carry prohibited items.

B11.2 Violations may lead to measures under section B9, up to suspension.

B11.3 Report lost items via support; we pass the report on to the Fleet Partner. We cannot guarantee recovery.

B12. Consumer Rights, Liability, Termination

B12.1 Your statutory consumer rights under the Luxembourg Code de la consommation and under EU consumer law are not restricted by these Terms.

B12.2 The Fleet Partner is liable for carrying out the transport (section A5.3). Otherwise section A5 applies, with the clarification that a limitation of liability applies to you only to the extent mandatory consumer law permits; ineffective limitations do not apply.

B12.3 You may end the usage relationship at any time and trigger the anonymisation of your account in the app. Invoice data subject to statutory retention is kept in the legally required form (datenschutz).

B12.4 Emaride may end the usage relationship or suspend the account for good cause, in particular in the event of serious or repeated violations. The measure is communicated to you with a statement of reasons and is reviewable under section B9.3.

B13. Paid Digital Add-Ons (Display Name, Emoji Unlock)

B13.1 Beyond transport, you can purchase paid digital services in the app: a freely chosen display name and the matching emoji unlock. Each is valid for twelve months from purchase, does not renew automatically, and is activated immediately after payment. The price is shown to you before purchase, inclusive of value-added tax; it is charged to your stored payment method.

B13.2 Right of withdrawal. Unlike the Transport Contract (section B4), you generally have a 14-day right of withdrawal for these digital services, without giving reasons (Art. 9 of Directive 2011/83/EU).

B13.3 Loss of the right of withdrawal. Because the service is activated immediately, this right lapses under Art. 16(a) or (m) of Directive 2011/83/EU — but only if, at the time of purchase, you have done both of the following:

1. expressly requested immediate performance, and
2. acknowledged that you thereby lose your right of withdrawal.

We obtain both expressly in the confirmation dialog before every purchase; without this confirmation, no purchase is concluded. You then receive this confirmation together with the purchase confirmation by email — that is your confirmation on a durable medium under Art. 8(7) of Directive 2011/83/EU.

B13.4 Withdrawal before activation. If, exceptionally, immediate activation does not take place, your right of withdrawal remains. To withdraw, an unambiguous statement to the address given in section A1.1 ([Placeholder: address to follow]) or to info@emaride.lu is sufficient. You may use the model withdrawal form (widerrufsformular) for this — its use is not mandatory.

B13.5 Your statutory rights in the event of defective or non-performance remain unaffected. When a purchased window expires, your first and last name is shown again; there is no entitlement to a refund for the period already used.

Part C — Drivers

C0. Access Exclusively via a Fleet Partner

C0.1 Drivers access and use the Platform exclusively through a Fleet Partner approved by Emaride that employs or engages them. Emaride does not contract with individual Drivers.

C0.2 There is no employment contract, no service contract, no transport contract and no remuneration relationship between Emaride and the Driver. Emaride is not the employer, not a co-employer and not the principal of the Driver, does not allocate working time to the Driver and pays the Driver no remuneration. The Driver's employer or principal is exclusively the Fleet Partner.

C0.3 This Part C governs solely the technical access to the app — which records are required for activation, how the account must be secured, and under which conditions access may be restricted. It does not create, and cannot create, a contractual relationship concerning the provision of transport services or of work.

C1. App Access and Account

C1.1 Access is activated after the Fleet Partner has created the Driver and the records under section C3 are in place.

C1.2 The account is personal. Credentials and device must not be passed on to third parties; Trips must not be carried out under another person's account.

C1.3 The Driver keeps driver and vehicle data in the app up to date.

C2. Autonomy

C2.1 The Driver decides freely whether to accept, decline or ignore an offered Trip. Emaride provides for no sanction, no fee and no detriment for declining a Trip.

C2.2 Emaride requires no exclusivity, no minimum number of hours, no mandatory shifts and no login or logout requirements. The Driver may work for other platforms and clients at the same time, including competitors ("multi-homing"), and organises working time and availability independently — within the limits of applicable law, safety, and the instructions of their Fleet Partner as employer.

C2.3 This section implements Directive (EU) 2024/2831 on improving working conditions in platform work, as transposed in Luxembourg and the other markets.

C2.4 Automated systems. Emaride informs Drivers in intelligible form about automated systems that materially affect them — in particular the allocation of Trips, ratings, fraud prevention and account restrictions. Decisions producing legal or similarly significant effects are subject to review by a human being (Art. 22 GDPR). Details are set out in datenschutz-fahrer.

C3. Records and Validity

C3.1 Access requires the following to be valid and stored in the app: driving licence, the necessary official authorisations, evidence of the right to work, and the vehicle-related records (section D2). The Driver and their Fleet Partner are jointly responsible for keeping these records current.

C3.2 Auto-lock on expiry. If a required record expires, app access is automatically locked until a valid record is in place. Reminders are sent in good time before expiry.

C3.3 The automatic lock is a legally required consequence of the expiry of a record, not an assessment of the person. It is communicated with a statement of reasons; the Driver may object to the accuracy of the data and request review by a human being (Art. 22 GDPR). Once a valid record is submitted, access is restored.

C4. Conduct and Vehicle

C4.1 The Driver provides the transport safely, lawfully and without discrimination and treats passengers respectfully. Traffic, transport, working-time and rest rules must be observed.

C4.2 Sealed drinking water must be available in the vehicle for passengers. The vehicle is clean, roadworthy and meets the standards under section D2.

C4.3 The Driver carries out the verification under section B5 before the Trip starts.

C5. Data Processing

Which Driver data is processed, for which purposes, for how long, and with which rights, is set out in the Driver Transparency Notice (datenschutz-fahrer). It describes in particular the processing of location data during a shift and the automated systems under section C2.4.

C6. Restriction and Suspension

C6.1 Emaride may restrict or suspend app access where necessary for safety, on suspicion of fraud or unlawful conduct, on breach of these Terms, on expiry of required records, or because of a legal obligation.

C6.2 Measures are proportionate. The Driver receives a statement of reasons and a means to contest the decision — via support in the app or at info@emaride.lu. The challenge is reviewed by a human being.

C6.3 Where there is an immediate risk to safety, fraud, sanctions-related grounds, or the expiry of a required official authorisation, the measure may take effect immediately; the statement of reasons is then provided without delay afterwards.

C6.4 A restriction of app access does not affect the employment or engagement relationship between Driver and Fleet Partner; that relationship is governed solely by the contract between those two (section C0.2).

Part D — Fleet Partners

This Part is the publicly accessible version of the general access conditions for business users under Art. 3(1)(c) of Regulation (EU) 2019/1150 (P2B).

D1. Relationship to the Fleet Partner Agreement

D1.1 Fleet Partners use the Platform on the basis of the signed Fleet Partner Agreement. It governs onboarding, authorisations and trip-level gating, the fleet-as-employer structure and driver autonomy, insurance and vehicle standards, the Commission and commission-base protection, settlement via the PSP, chargebacks (where a chargeback is finally lost, the share of the Fare already paid out to the Fleet Partner for that Trip is set off against the next payout; the PSP's chargeback fee is borne by Emaride; the Fleet Partner is notified of the set-off) and rolling reserve, VAT, anti-circumvention and non-solicitation, audit rights, P2B-compliant suspension and termination, indemnities, and evidence and arbitration.

D1.2 These Terms supplement the Fleet Partner Agreement. In case of conflict the Fleet Partner Agreement prevails for the Fleet Partner (section A1.3).

D2. Admission Requirements

D2.1 The Fleet Partner holds and maintains the required transport licence and all other official authorisations for the areas it serves.

D2.2 "App-on" insurance: each vehicle used is covered by insurance that covers the carriage of passengers including while the Platform is in use — from the acceptance of a Trip through the approach to the end of the Trip. Cover that excludes commercial passenger transport is not sufficient. The required minimum insurance amounts are at least the minimum cover required by law in the respective market (LU, DE, FR, BE) for motor liability insurance in commercial passenger transport, and are set out in detail in the Fleet Partner Agreement.

D2.3 Contrôle technique: each vehicle has a valid roadworthiness inspection.

D2.4 Maximum vehicle age: vehicles must not exceed 10 model years (the model year current year − 10 is still permitted, as is the model year of the following year). This limit is uniform across all markets and is enforced technically — server-side and in the intake forms of the app and the web. The vehicle and equipment standards apply in addition (section C4.2).

D2.5 Records are held in two ways:

(a) Driver- and vehicle-level records — in particular driving licence, good-conduct certificate, contrôle technique and the insurance certificate for each vehicle — must be stored on the Platform and kept current. If such a record expires, the automatic lock (section C3.2) applies to the affected Drivers and vehicles.

(b) Company-level records — in particular the transport authorisation under D2.1, register extracts and company-wide insurance policies — are currently not accepted by the Platform. The Fleet Partner retains them and produces them on request, in line with clauses 5.2 and 14 of the Fleet Partner Agreement. They are reviewed during onboarding outside the Platform.

D2.6 The Fleet Partner is responsible at all times for its Drivers' and vehicles' compliance.

D3. Commission

D3.1 Emaride invoices the Fleet Partner a Commission of 12.5% of the Fare for the intermediation. The basis of assessment is the Fare before value-added tax.

D3.2 Tips are not part of the basis of assessment. No Commission is charged on tips; they are passed on in full (section B8).

D3.3 Reduced rates are always time-limited. The following programmes are provided for:

D3.4 Upon expiry or withdrawal of a reduction, the rate automatically reverts to 12.5%. A reduced rate creates no acquired right and no commitment for the future.

D3.5 Platform fees (such as operating, subscription or payout fees): Emaride currently charges no platform fees; the PSP's transaction fees are borne by Emaride. Any introduction of platform fees will be announced at least 15 days in advance (Art. 3(2) Regulation (EU) 2019/1150); such fees would be independent of the Commission, charged separately and in addition, and would apply also during phases with a reduced or suspended Commission.

D3.6 The Commission does not increase the Fare shown to passengers.

D4. Settlement and Payout

D4.1 Fares are settled exclusively via the PSP (Stripe as merchant of record). Emaride does not hold, possess or control any Fare funds.

D4.2 The PSP pays the fleet partner according to the payout cycle set out in the Fleet Partner Agreement: twice a month. The billing periods run from the 1st to the 15th and from the 16th to the last day of the month; payout is initiated seven calendar days after the end of the relevant period, i.e. on the 22nd of the same month or on the 7th of the following month. There is no minimum amount; a balance of zero or less is carried forward to the next period. Emaride invoices its commission.

D4.3 The Fleet Partner maintains a fully verified account with the PSP. Payouts are not possible without that verification.

D4.4 Cash payments are not provided for on the Platform.

D5. Restriction, Suspension and Termination

D5.1 Emaride may restrict, suspend or terminate a Fleet Partner's access where necessary on safety, fraud, legal or authorisation grounds, because of a breach of these Terms or of the Fleet Partner Agreement, or because of non-payment.

D5.2 Before a restriction or suspension, the Fleet Partner receives a statement of reasons on a durable medium setting out the specific facts and circumstances — at the same time as, or before, the measure takes effect (Art. 4 of Regulation (EU) 2019/1150).

D5.3 In the case of a termination, the statement of reasons is provided at least 30 days before it takes effect, unless Regulation (EU) 2019/1150 permits a shorter period.

D5.4 The Fleet Partner may have the decision reviewed through the internal complaint-handling process (info@emaride.lu). Emaride has the complaint reviewed by a human being and communicates the outcome with reasons.

D5.5 The periods under D5.2 and D5.3 do not apply to the extent that a legal obligation requires immediate action, a repeated breach is present, or there is an immediate risk to passengers, Drivers or third parties.

D5.6 Warning. Before a restriction or suspension, Emaride will as a rule first issue a warning where these Terms, the Fleet Partner Agreement or the published policies are breached. The warning names the breach together with the specific facts and circumstances, is delivered on a durable medium and calls for the breach to be remedied. The Fleet Partner may make representations within 14 days through the internal complaint-handling system (info@emaride.lu); D5.4 applies accordingly.

D5.7 A warning is not a measure within the meaning of D5.1 to D5.3 and does not restrict access. Repeated or unremedied breaches may lead to a measure under D5.1. In the cases set out in D5.5, Emaride may act immediately without a prior warning.

D6. Changes

Changes to these Terms or to the access requirements are notified to Fleet Partners on a durable medium at least 15 days before they take effect (Art. 3(2) of Regulation (EU) 2019/1150); section A6.2 applies accordingly, including the right to terminate the relationship before the period expires.

D7. Data Processing

D7.1 Where Emaride processes personal data on behalf of the Fleet Partner, the data processing agreement dpa-fleet-partner applies; the particulars of the processing are set out in schedule-7 (Data Processing Particulars).

D7.2 For the data of the Fleet Partner's contact persons, datenschutz-partner applies.

D7.3 For the Fleet Partner's own processing — such as dispatch, payroll and tax obligations — it is itself the controller.

D8. Fleet-as-Employer

D8.1 The Fleet Partner employs or engages the Drivers itself and is their employer or principal. It bears the employment, social-security and tax obligations, including remuneration and working-time and rest rules.

D8.2 Emaride is not the employer, not a co-employer and not the principal of the Drivers (sections A3.3 and C0.2).

D8.3 The Fleet Partner ensures that Driver autonomy under section C2 is preserved so far as it lies within its responsibility, and that it issues no instructions that could make Emaride appear to be the employer.

Part E — Corporate Clients

E1. Relationship to the Corporate Client Agreement

E1.1 Corporate clients and their designated authorised employees use the Platform on the basis of the signed Corporate Client Agreement and these Terms. In case of conflict the Corporate Client Agreement prevails for the corporate client.

E1.2 No consumer rights for the corporate client. The corporate client acts as a business; Part B does not apply to it. The mandatory consumer rights of a natural person using a Trip as a consumer remain unaffected.

E2. Authorised Employees

E2.1 The corporate client designates the persons entitled to book on its account and keeps that list current. It withdraws the authorisation without delay once it no longer applies.

E2.2 The corporate client is responsible for the Trips booked through its corporate account and the amounts arising from them, and for its authorised persons' compliance with these Terms.

E3. Invoicing

E3.1 Trips booked through a corporate account are settled against invoice, with the payment terms agreed in the Corporate Client Agreement. Payment processing runs via the PSP; Emaride does not hold any funds.

E3.2 The corporate client receives an itemised consolidated invoice listing the individual Trips.

E4. Changes

Changes are notified to the corporate client on a durable medium at least 15 days before they take effect (section A6.2).

E5. Data Processing

For the data of contact persons and designated authorised employees, datenschutz-partner applies. For passenger data of the booking persons, datenschutz applies.

By using the Platform you confirm that you have read and accepted these Terms and the Part(s) applicable to you.

Deviations from the V2.1 Legal Package

This version follows the V2.1 Legal Package (Platform Terms of Use, Parts A–E). Where it deviates, it does so for the following reasons — mostly because the English bundle text does not satisfy German or Luxembourg law in certain places, or has since been overtaken by events: