Transport Company Addendum

 

This Fyrst Transport Company Addendum is an annex to the Agreement (www.fyrst.app/terms) between you and Fyrst and sets out additional terms and conditions that are applicable in the market in which you provide the Services. The capitalized terms in this document have the meaning set forth in the Agreement. This Addendum supersedes and replaces any "Program Commissions" or this Transport Company Addendum previously agreed.

 

Company Commission. You are entitled to a commission for each trip provided by the drivers. The "Company Commission" consists of a base rate amount plus incremental amounts based on the actual time and distance of the trip you provide, as measured by Fyrst. The applicable base rate and the amounts of time and distance for your market are shown at www.fyrst.app/rates. The Company Commission will be calculated as a percentage of the base rate amount plus the incremental amounts based on the actual time and distance of the trip you provide using the rates online at www.fyrst.app/rates, the Company Commission will be seventy-five percent (75%) of the rate calculation in all Fyrst Premium, Fyrst Class L, Fyrst Class XL and Fyrst Class XXL service modes. If the service is solicited by a third party business partners such as hotels or web bookings, the Business Commission will be seventy percent (70%) of the rate calculation in all Fyrst Premium, Fyrst Class L, Fyrst Class XL and Fyrst Class XXL service modes. In situations where a Passenger cancels his trip in violation of Fyrst's cancellation policy, we may charge the Passenger a cancellation fee on his behalf. In those cases, your company fee will be the amount of the cancellation penalty established in the applicable rate card (if available). Rates are subject to change at the discretion of Fyrst and any changes will be posted on the rate pages. By continuing to use the Fyrst Platform, you are considered to accept these changes.

 

 

Additional Payments to the Company. In addition to the Works Commission, you will receive the following payments, if applicable: (i) any toll or surcharge that we charge for the trip, (ii) any charge for damage we collect on your behalf, and (iii) any bonus or incentives that you earn according to your provision of Services.

 

Adjustments and Settlement. Fyrst reserves the right to adjust or retain all or part of a Company Commission or other payment due to you (except tips) (i) if you believe you have attempted to defraud or abuse Fyrst's passenger payment systems, or (ii) to resolve a Passenger claim (for example, it took an inefficient route or did not correctly complete a particular instance of Services in the Fyrst application when the trip ended). Fyrst's decision to adjust or retain the Company Commission or other payment in any way will be exercised in a reasonable manner. If you have agreed that any other amount be deducted from your commissions with any part (such as vehicle rental or lease payments), those amounts will be deducted before being sent to you, and we can determine the order of these other deductions if allowed by law . We will make all reasonable efforts to ensure that your Company Commission and any other payment will be paid at least once a week. You acknowledge and agree that all payments owed to you will not include any interest and will be net of the amounts that the law requires us to withhold.

 

Passenger charges. For each trip, Fyrst will charge the passenger an amount calculated or determined by Fyrst on their behalf (the "Passenger Charges"). Passenger charges can be determined after completing the trip based on the time and distance of the trip and the rates on the Cities pages (a "Variable Charge"). Alternatively, passenger charges can be quoted in advance and set at the time of travel request ("Quoted Charge"). A Quoted Charge may differ from what the Variable Charge would have been for the same trip (as the Variable Charges change depending on a number of dynamic factors). In either case, your payment for the services will be the Company Commission as described in Section 1 above, plus any additional payments owed to you, as described in Section 2 above. Passengers can choose to add an additional tip in addition to the Company Comission charges. Unless we indicate otherwise, for each trip, the Charges per passenger include the Company Commission, the applicable tolls, the fees retained by us (including the platform rate described below) and any third-party fees. The "Third Party Fees" include any applicable airport fee, or any rate, surcharge or state or local tax that is imposed on the provision of the Services that Fyrst needs by law or by agreement to collect and remit to third parties.

 

 

Fyrst Fees. In exchange for your use of the Fyrst platform and the services provided by Fyrst, you agree to pay Fyrst (and allow Fyrst to retain) a service fee ("Service Fee") and a platform fee ("Platform Fee"). ) based on each trip you provide The service fee will be a fixed amount for each trip as set forth in the applicable fare card (if available) or on the cities page at the time of travel. The rate of the platform will be a variable amount for each trip and will be equal to the driver's charges for the trip minus: (i) the Company rate, (ii) the tolls or surcharges that we charge, (iii) the rate of the service, (iv) any third-party rate that Fyrst collects, and (v) any bonus or incentive that you earn based on your service provision. In the case of a trip in which the combination of (i) - (iv) above is greater than the Company Charges, you will not be charged any platform charges for that trip. In such cases, the excess amounts you receive will be shown as an adjustment to your Platform Rate (or, if necessary, as an adjustment to another payment owed to you). The platform fee may include any current event rate (as determined by Fyrst) depending on the location of the pickup or return of the trip, and any divided passenger fare (if applicable). For your convenience, Fyrst may charge the service fee, event fees or any divided payment fee as applicable from passengers on your behalf to offset the payment of such fees to Fyrst.

 

 

Payment Processing. Payment processing services are provided by Bac Credomatic and are subject to the Bac Credomatic Terms and Conditions (available at https://www.baccredomatic.com/es-cr/condiciones-y-terminos-de-uso), which includes the Privacy Policies (available at https://www.baccredomatic.com/es-cr/politica-de-privacidad) (collectively, the "Terms of the Bac Credomatic"). By using the Fyrst Platform to receive payment funds, you agree to be subject to the Bac Credomatic Terms, which may be modified from time to time. As a condition that Fyrst allows payment processing services through Bac Credomatic, you authorize Fyrst to obtain all necessary access and perform all necessary activities in your Bac Credomatic affiliate account to facilitate the provision of the Services contemplated in the Agreement and its relationship with Fyrst. In addition, you agree to provide accurate and complete information about yourself and your company, and authorize Fyrst to share it and the transaction information with Bac Credomatic in order to facilitate the payment processing services provided by Bac Credomatic. Fyrst reserves the right to change payment processing providers at its discretion.

 

 

Promotions and Coupons. Fyrst may, at its discretion, offer promotional coupons or other coupons to passengers, however, such discounts will not affect the Business Commission or any other payment owed to it. You agree that Fyrst may sell passes or subscriptions (each, a "Fyrst Code") on your behalf to generate additional leads for your Services. Fyrst Codes entitle passengers to receive discounted or capped fares for qualifying trips (subject to certain limitations, terms and conditions). When a Passenger uses a Fyrst Code to receive a qualifying trip, Fyrst will use the Fyrst Code payment to satisfy the total Charges subject to the Fyrst Code terms and conditions. Your payment for Services arranged with a Fyrst Code will be determined by the Company Commission for the trip, as stipulated in this Addendum of the Tourist Transport Company. In the event that a Passenger's Fyrst Codes collections exceed the eligible Travel Charges (if applicable), you agree that, between you and Fyrst, and to the extent permitted by law, Fyrst may withhold such excess amounts by Sales and marketing of Fyrst with the Fyrst Codes.

 

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

Transport Company Addendum

 

This Fyrst Transport Company Addendum is an annex to the Agreement (www.fyrst.app/terms) between you and Fyrst and sets out additional terms and conditions that are applicable in the market in which you provide the Services. The capitalized terms in this document have the meaning set forth in the Agreement. This Addendum supersedes and replaces any "Program Commissions" or thisTransport Company Addendum previously agreed.

 

Company Commission. You are entitled to a commission for each trip provided by the drivers. The "Company Commission" consists of a base rate amount plus incremental amounts based on the actual time and distance of the trip you provide, as measured by Fyrst. The applicable base rate and the amounts of time and distance for your market are shown at www.fyrst.app/rates.html. The Company Commission will be calculated as a percentage of the base rate amount plus the incremental amounts based on the actual time and distance of the trip you provide using the rates online at www.fyrst.app/rates, the Company Commission will be seventy-five percent (75%) of the rate calculation in all Fyrst Premium, Fyrst Class L, Fyrst Class XL and Fyrst Class XXL service modes. If the service is solicited by a third party business partners such as hotels or web bookings, the Business Commission will be seventy percent (70%) of the rate calculation in all Fyrst Premium, Fyrst Class L, Fyrst Class XL and Fyrst Class XXL service modes. In situations where a Passenger cancels his trip in violation of Fyrst's cancellation policy, we may charge the Passenger a cancellation fee on his behalf. In those cases, your company fee will be the amount of the cancellation penalty established in the applicable rate card (if available). Rates are subject to change at the discretion of Fyrst and any changes will be posted on the rate pages. By continuing to use the Fyrst Platform, you are considered to accept these changes.

 

 

Additional Payments to the Company. In addition to the Works Commission, you will receive the following payments, if applicable: (i) any toll or surcharge that we charge for the trip, (ii) any charge for damage we collect on your behalf, and (iii) any bonus or incentives that you earn according to your provision of Services.

 

Adjustments and Settlement. Fyrst reserves the right to adjust or retain all or part of a Company Commission or other payment due to you (except tips) (i) if you believe you have attempted to defraud or abuse Fyrst's passenger payment systems, or (ii) to resolve a Passenger claim (for example, it took an inefficient route or did not correctly complete a particular instance of Services in the Fyrst application when the trip ended). Fyrst's decision to adjust or retain the Company Commission or other payment in any way will be exercised in a reasonable manner. If you have agreed that any other amount be deducted from your commissions with any part (such as vehicle rental or lease payments), those amounts will be deducted before being sent to you, and we can determine the order of these other deductions if allowed by law . We will make all reasonable efforts to ensure that your Company Commission and any other payment will be paid at least once a week. You acknowledge and agree that all payments owed to you will not include any interest and will be net of the amounts that the law requires us to withhold.

 

Passenger charges. For each trip, Fyrst will charge the passenger an amount calculated or determined by Fyrst on their behalf (the "Passenger Charges"). Passenger charges can be determined after completing the trip based on the time and distance of the trip and the rates on the Cities pages (a "Variable Charge"). Alternatively, passenger charges can be quoted in advance and set at the time of travel request ("Quoted Charge"). A Quoted Charge may differ from what the Variable Charge would have been for the same trip (as the Variable Charges change depending on a number of dynamic factors). In either case, your payment for the services will be the Company Commission as described in Section 1 above, plus any additional payments owed to you, as described in Section 2 above. Passengers can choose to add an additional tip in addition to the Company Comission charges. Unless we indicate otherwise, for each trip, the Charges per passenger include the Company Commission, the applicable tolls, the fees retained by us (including the platform rate described below) and any third-party fees. The "Third Party Fees" include any applicable airport fee, or any rate, surcharge or state or local tax that is imposed on the provision of the Services that Fyrst needs by law or by agreement to collect and remit to third parties.

 

 

Fyrst Fees. In exchange for your use of the Fyrst platform and the services provided by Fyrst, you agree to pay Fyrst (and allow Fyrst to retain) a service fee ("Service Fee") and a platform fee ("Platform Fee"). ) based on each trip you provide The service fee will be a fixed amount for each trip as set forth in the applicable fare card (if available) or on the cities page at the time of travel. The rate of the platform will be a variable amount for each trip and will be equal to the driver's charges for the trip minus: (i) the Company rate, (ii) the tolls or surcharges that we charge, (iii) the rate of the service, (iv) any third-party rate that Fyrst collects, and (v) any bonus or incentive that you earn based on your service provision. In the case of a trip in which the combination of (i) - (iv) above is greater than the Company Charges, you will not be charged any platform charges for that trip. In such cases, the excess amounts you receive will be shown as an adjustment to your Platform Rate (or, if necessary, as an adjustment to another payment owed to you). The platform fee may include any current event rate (as determined by Fyrst) depending on the location of the pickup or return of the trip, and any divided passenger fare (if applicable). For your convenience, Fyrst may charge the service fee, event fees or any divided payment fee as applicable from passengers on your behalf to offset the payment of such fees to Fyrst.

 

 

Payment Processing. Payment processing services are provided by Bac Credomatic and are subject to the Bac Credomatic Terms and Conditions (available at https://www.baccredomatic.com/es-cr/condiciones-y-terminos-de-uso), which includes the Privacy Policies (available at https://www.baccredomatic.com/es-cr/politica-de-privacidad) (collectively, the "Terms of the Bac Credomatic"). By using the Fyrst Platform to receive payment funds, you agree to be subject to the Bac Credomatic Terms, which may be modified from time to time. As a condition that Fyrst allows payment processing services through Bac Credomatic, you authorize Fyrst to obtain all necessary access and perform all necessary activities in your Bac Credomatic affiliate account to facilitate the provision of the Services contemplated in the Agreement and its relationship with Fyrst. In addition, you agree to provide accurate and complete information about yourself and your company, and authorize Fyrst to share it and the transaction information with Bac Credomatic in order to facilitate the payment processing services provided by Bac Credomatic. Fyrst reserves the right to change payment processing providers at its discretion.

 

 

Promotions and Coupons. Fyrst may, at its discretion, offer promotional coupons or other coupons to passengers, however, such discounts will not affect the Business Commission or any other payment owed to it. You agree that Fyrst may sell passes or subscriptions (each, a "Fyrst Code") on your behalf to generate additional leads for your Services. Fyrst Codes entitle passengers to receive discounted or capped fares for qualifying trips (subject to certain limitations, terms and conditions). When a Passenger uses a Fyrst Code to receive a qualifying trip, Fyrst will use the Fyrst Code payment to satisfy the total Charges subject to the Fyrst Code terms and conditions. Your payment for Services arranged with a Fyrst Code will be determined by the Company Commission for the trip, as stipulated in this Addendum of the Tourist Transport Company. In the event that a Passenger's Fyrst Codes collections exceed the eligible Travel Charges (if applicable), you agree that, between you and Fyrst, and to the extent permitted by law, Fyrst may withhold such excess amounts by Sales and marketing of Fyrst with the Fyrst Codes.

 

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