Cancellation Rules

Cancellation and no-show fee policy for drivers

Updated 5 February 2022

As consideration for your time and effort, drivers receive cancellation and no-show fees. Fees are based on your region and ride type, so refer to your ride's rate card to see specific amounts.

Go to:

· Cancellations by passengers

· Passenger no-shows

· Shared ride fee policies

· Cancellation by drivers

· Cancellation and acceptance rate

Cancellations by passengers

If a passenger cancels when you've already started driving, you can earn a cancellation fee if:

· At least 2 minutes have passed since you accepted the ride and

· You're on track to arrive at the pickup location by the estimated arrival time

For Shared ride cancellations, you're only eligible to receive a cancellation fee if your first passenger cancels. If additional passengers cancel, you'll still be paid for the time and distance of your Shared route, but Smaart will retain any additional cancellation charges.

Please note Smaart reserves the right to withhold, deduct, or reduce the amount of any cancellation fee payments at our discretion, including if fees are determined or believed to result from error, fraud, or a violation of the Smaart Terms of Service.

Passenger no-shows

You'll receive a no-show fee when you follow these steps:

1. Tap to arrive at the pickup location

2. Wait for the timer to count down to 0:00

3. Attempt to contact the passenger, or the passenger contacts you

4. Cancel the ride by tapping 'Passenger is no-show' and then tap 'Confirm no-show'

Note: You must be close to the passenger's pickup location when you cancel the ride to be eligible for a no-show fee.

Shared ride fee policies

For the first party in your Shared ride, the criteria above are the same. That means if a passenger cancels or doesn't show before you have other passengers, you'll be paid the fee as usual.

Once you have a passenger in your ride, you won’t receive additional cancel or no-show fees because you’re already earning based on the time and distance you traveled to pick up that passenger.

After arriving at a Shared ride pickup location, the app will prompt you to confirm the number of passengers you're picking up.

If the party size is the same as requested, tap 'Confirm.' If a passenger shows up with more people in their party then originally requested, tap 'Other' to skip the pickup. Skipping pickups like this won't affect your acceptance rate or driver rating.

Driver cancellations

Cancellations are a bad experience for all parties, so we recommend using discretion when cancelling rides.

Drivers can cancel a ride by tapping the arrow in the top right corner of the app during a ride and selecting either 'Cancel' or 'No-show.'

Of course, we know there are times when it's perfectly reasonable for you to cancel a ride you've already accepted, such as:

· You or a loved one has an emergency

· Passenger verbally or physically threatens your safety (if this happens, go to Safety info for drivers and tap 'Call Me')

· You've looked for and tried contacting a passenger but still don't see them (Follow the Passenger no-show steps)

When cancelling rides, remember that Smaart's community is diverse, representing different generations, ethnicities, genders, sexual orientations, and religions. We encourage open-mindedness, mutual respect and no race discrimination.

If you cancelled a ride for safety reasons or couldn't contact a passenger (for example, if they had an incorrect or disconnected phone number), tap 'Contact Support' below to let us know.

Include the following:

· Requesting passenger's name

· Time and date of ride

· Pickup location

 

Driver Addendum

Last Updated: September 9, 2020

This Smaart Driver Addendum is an addendum to the Agreement (www.smaartapp.com) between you and Smaart and it sets forth additional terms and conditions that are applicable to your provision of Services through the Smaart Platform. Capitalized terms herein have the meaning set forth in the Agreement. This addendum replaces and supersedes any “Commission Schedule” or prior Driver Addendum that you have previously agreed to.

Driver Fare. You are entitled to a Driver Fare for the Services you perform for Riders, as provided in the Agreement and this Driver Addendum. The “Driver Fare” for a completed ride consists of a base fare amount plus incremental amounts based on the actual time and distance of the ride, as measured by Smaart. The applicable base fare and time and distance amounts are shown in a rate card (the “Rate Card”) in your Driver dashboard. The Rate Card amounts displayed in your driver dashboard are personal to you. The Rate Card amounts may vary by including but not limited to by factors such as the market where you provide Services or pick up a particular ride, the date you applied or became approved as a driver, the vehicle type you use or your use of vehicle, and the type of service you are providing. The rates from the market in which you pick up the Rider will apply to that ride. Please note that some larger markets (Global Cities) have different rates for different sub-regions within the larger market. In that case, the rates from the sub-region in which you pick up the Rider will apply to that ride. In certain situations the Driver Fare may be predetermined (such as a flat rate trip) or subject to certain minimum or maximum amounts as described to you in your Rate Card. In situations where a Rider cancels your ride in violation of Smaart’s cancellation policy, we may charge the Rider a cancellation fee on your behalf. In those cases, you will earn a Driver Fare in the amount of the cancellation payment set forth in your Rate Card. For a Smaart Line or shared ride service you may pick up several Riders along a common route. In such situations:

(i) the rates from the region of the first pick up will apply to the full route,

(ii) the fare calculation shall only include one base fare amount for the route (however, you may be able to earn additional incremental pickup fares along the same route if expressly stated in the Rate Card)

(iii) any cancellation fee for Riders after the first Rider may be retained by Smaart in their entirety. Your Rate Card may not be set or available to you until you are an approved driver, and you agree Smaart makes no representation or warranties concerning the Rate Card amounts. Your Rate Card amounts are subject to change in Smaart’s discretion and any changes shall be published on the Rate Card. By continuing to use the Smaart Platform, you are deemed to accept these changes.

Additional Payments to You. In addition to the Driver Fare, you will receive the following payments, if applicable:

(i) any tips provided by a Rider to you, (ii) any tolls or surcharges we collect for remittance to you, (iii) any damage charges we collect on your behalf, and (iv) any bonuses or incentives you earn based on your provision of Services.

Payments, Adjustments and Settlement. Smaart will collect payments owed to you by Riders and other third parties as your limited payment collection agent and you agree that the receipt of such payments by Smaart satisfies the payer's obligation to you. Smaart reserves the right to adjust or withhold all or a portion of a Driver Fare or other payment owed to you (except tips)

(i) if we believe that you have attempted to defraud or abuse Riders, Smaart or Smaart’s payment systems, or (ii) in order to resolve a Rider complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the Smaart application when the ride was over). Smaart’s decision to adjust or withhold the Driver Fare or other payment in any way shall be exercised in a reasonable manner. If you have agreed to any other amounts being deducted from your Driver Fares with any party (such as vehicle rental or lease payments), those amounts will be deducted before remittance to you, and we may determine the order of these other deductions if allowed by law. We will use reasonable efforts to ensure that your Driver Fare and any other payments to you will be paid to you on at least a weekly basis. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.

Rider Charges. Smaart will charge the Rider an amount calculated or determined by Smaart on your behalf of Services you perform for Riders (the “Rider Charges”). Rider Charges may be determined after the ride is completed based on the time and distance of the ride and the rates on the Smaart Cities pages (a “Variable Charge”). Alternatively, Rider Charges may be quoted in advance and fixed at the time of the ride request (a “Quoted Charge”). A Quoted Charge may differ from what the Variable Charge would have been for the same ride (as Variable Charges change depending a number of dynamic factors). In either case, your payment for services shall be the Driver Fare as described in Sections 1-3 above. Riders may elect to add an additional tip to you on top of the Rider Charges. The tip shall be paid entirely to you and shall be considered separate from the Rider Charges. Unless we indicate to you otherwise, the Rider Charges includes the Driver Fare, applicable tolls, fees retained by us (including the Service Fee and Platform Fee described below), and any Third Party Fees. “Third Party Fees” include any applicable airport fees, or any state or local fees, surcharges or taxes imposed on the provision of Services or Smaart 's provision of the Smaart Platform that Smaart is required by law or agreement to collect and remit to third parties.

Smaart Fees. In exchange for your use of the Smaart Platform and the services provided by Smaart to you, you agree to pay Smaart (and permit Smaart to retain) a service fee (“Service Fee”) and platform fee (“Platform Fee”) based on each ride you provide. The Service Fee shall be a set amount for each ride as set forth in your Rate Card or Cities page at the time of the ride. The Platform Fee shall be a variable amount equaling the Rider Charges minus:

(i) the Driver Fare,

(ii) any tolls or surcharges we collect for remittance to you,

(iii) the Service Fee,

(iv) any Third Party Fees that Smaart collects, and

(v) any bonuses or incentives you earn based on your provision of Services.

In the event of a ride where the combination of (i)-(iv) above is greater than the Rider Charges, no Platform Fee will be charged to you for that ride. In such cases, any excess amounts that you receive will be shown as an adjustment to your Platform Fee (or if necessary, as an adjustment to another payment owed to you). The Platform Fee may include any event fees in effect (as determined by Smaart ) based on the location of the pick-up or drop-off of the ride, and any split passenger payment fee (if applicable). For your convenience, Smaart may collect the Service Fee, event fees, or any split payment fees as applicable from Riders on your behalf to offset your payment of such fees to Smaart.

Payment Processing. Payment processing services are provided by DPO Paygate and subject to the DPO Paygate Connected Account Agreement, which includes the DPO Services Agreement (refer to www.paygate.co.za). By using the refer to www.paygate.co.za Platform to receive payment proceeds, you agree to be bound by the DPO Paygate Terms, which may be modified from time to time. As a condition of refer to Smaart enabling payment processing services through DPO, you authorize Smaart to obtain all necessary access and perform all necessary activity on your Connected Account to facilitate your provision of Services as contemplated by the Agreement and your relationship with Smaart . You further agree to provide accurate and complete information about you and your business, and authorize Smaart to share it and transaction information with DPO for the purposes of facilitating of the payment processing services provided by DPO. Smaart reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.

Promotions and Coupons. Smaart may, at its discretion, offer promotional or other Coupons to Riders, however such discounts shall not impact the Driver Fare or any other payments owed to you. You agree that Smaart may sell passes or subscriptions (each, a “Ride Pass”) on your behalf to generate additional leads for your Services. Ride Passes entitle Riders to receive discounted or capped fares for qualifying rides (subject to certain limitations, terms and conditions). When a Rider uses a Ride Pass to receive a qualifying ride, Smaart will use the Ride Pass payment in satisfaction of the ride total Charges subject to the terms and conditions of the Ride Pass. Your payment for Services arranged with a Ride Pass will be determined based on the Driver Fare for the ride as provided in this Driver Addendum. In the event that Ride Pass collections from a Rider exceed qualifying ride Charges (if any), you agree that as between you and, Smaart and to the extent permitted by law, Smaart may retain such excess amounts in consideration for Smaart's sales and marketing of Ride Passes.

No Additional Amounts. You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Smaart and its Affiliates may seek to generate additional demand for your Services from new and existing Riders. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement and Driver Addendum.

 

Riders with service animals

When it comes to transporting riders with service animals, drivers on the Smaart platform should remember one thing: Always Say Yes. That's because drivers must comply with applicable laws and Smaart ’s Service Animal Policy. The law and Service Animal Policy state that drivers may not deny service or otherwise discriminate Smaart's against passengers with service animals. This means that drivers must transport a rider with a service animal regardless of whether a driver is allergic or afraid of these animals, or has a religious or cultural objection to them.

A service animal is an animal, usually a dog, that is trained to perform tasks for an individual with a disability, like blindness or deafness. Service animals are not required to wear a tag or vest or be registered. Riders with service animals do not need to display any kind of proof that their animal is a service animal. In other words, if a rider with a dog says it is a service animal, the driver should transport the rider.

A driver may ask two questions to verify that a rider's animal is a service animal:

  1. Is the animal required because of a disability?
  2. What work or task has the animal been trained to perform?

If a driver has a question or concern about the policy, or would like to report a rider who they suspect is abusing the policy, they should contact our Help Center.

Consequences for denying service to a rider with a service animal

Smaart strives to ensure that people who need rides most are able to get them.

If a driver refuses a rider with a service animal, the driver could face immediate and permanent deactivation if an investigation into the alleged denial verifies a wrongful denial.

 

 

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