DRIVER SERVICES AGREEMENT
REGARDING THE PROVISION OF NON-SCHEDULED PASSENGER AND BAGGAGE TRANSPORTATION SERVICES AND/OR OTHER SERVICES THROUGH THE GAVAG ELECTRONIC PLATFORM
Yerevan, Republic of Armenia
This Driver Services Agreement (the “Agreement”) is entered into by and between the Driver, on the one hand, and GAVAG LLC, having its registered address at 3/2 Hakob Hakobyan Street, Yerevan, Republic of Armenia (hereinafter referred to as the “Partner”), on the other hand. The Driver and the Partner are hereinafter collectively referred to as the “Parties” and individually as a “Party”.
The Parties hereby agree as follows:
1DEFINITIONS
“Gavag” means GAVAG LLC, a company established and operating at 3/2 Hakob Hakobyan Street, Yerevan, Republic of Armenia, which provides passenger transportation services through an electronic platform in accordance with Article 16 of the Law of the Republic of Armenia on Motor Transport.
“Driver” means an individual cooperating with the Partner and registered on the Service by the Partner, who is authorized to operate a Vehicle for the purpose of providing non-scheduled transportation services and/or other transportation-related services to Users.
“User” means a natural person who uses the services of the Gavag electronic platform in accordance with the Terms of Use published online at: https://gavag.am/en/terms-and-conditions/.
“Service” means the electronic platform that enables Users to submit requests for non-scheduled transportation services and automatically processes and transmits such requests to Drivers. For the purposes of Article 16 of the Law of the Republic of Armenia on Motor Transport, the Service constitutes an electronic platform.
2SUBJECT MATTER OF THE AGREEMENT
2.1. Under this Agreement, the Driver undertakes to provide the Partner, in accordance with a User’s request, with services related to the provision of non-scheduled passenger and baggage transportation by passenger vehicles and/or other related services (hereinafter referred to as the “Services”), and shall be entitled to receive remuneration for such Services.
2.2. For the purpose of facilitating non-scheduled passenger and baggage transportation and/or other services, the Partner shall publish detailed information about the Driver on the website https://gavag.am/en/ based on the information provided by the Driver.
2.3. The Partner shall have the right to take any actions and implement any control measures necessary to verify the Driver’s compliance with the applicable requirements and the conditions governing the use of the Gavag Service, including monitoring and evaluating the quality of the Services and/or any other services provided to Users. Information obtained as a result of such monitoring activities shall constitute sufficient grounds for determining whether the quality of the Services complies with the requirements of this Agreement and the General Terms and Conditions.
2.4. In accordance with the terms and operational features of the electronic platform, the Partner shall collect payments due for the non-scheduled transportation services provided by the Driver and transfer the corresponding amounts to the Driver. The Driver hereby authorizes and consents to the transfer of payments made by Users for the Driver’s non-scheduled transportation services to the Partner for processing and settlement purposes.
2.5. The Driver acts as an independent contractor and shall not be deemed an employee, agent, representative, or partner of Gavag unless otherwise expressly provided in a separate written agreement. The Driver shall be solely responsible for fulfilling all tax, licensing, insurance, regulatory, and legal obligations arising from the provision of the Services.
3RIGHTS, OBLIGATIONS, AND LIABILITY OF THE PARTIES
3.1. In performance of this Agreement, the Driver shall:
3.1.1. Provide the Services with due care, diligence, and professional quality;
3.1.2. Except as required by the legislation of the Republic of Armenia, refrain from disclosing any commercial, banking, insurance, official, confidential, or other proprietary information of the Partner or any User that becomes known to the Driver in connection with the performance of this Agreement;
3.1.3. Personally perform the Services and not delegate their performance to any third party unless expressly authorized by the Partner;
3.1.4. Upon the Partner’s request, provide reports and current information regarding the performance and progress of the Services.
3.2. In performance of this Agreement, the Partner shall have the right to:
3.2.1. Request from the Driver any information and documentation deemed necessary for the purposes of this Agreement;
3.2.2. Suspend or terminate the Driver’s access to the Platform if the Driver violates the terms of this Agreement or the Platform rules, receives repeated and substantiated complaints, submits inaccurate or fraudulent documentation, fails to fulfil accepted orders, or otherwise causes reputational or operational harm to the Platform.
3.3. In performance of this Agreement, the Driver shall:
3.3.1. Provide passenger transportation, cargo transportation, and other services through the Gavag electronic platform in accordance with the General Terms and Conditions governing the provision of non-scheduled passenger and baggage transportation services and/or other services by means of motor vehicles.
3.3.2. Provide the Partner with current, accurate, and complete information, including but not limited to:
a) First name, last name, patronymic (if applicable), date of birth, citizenship, taxpayer identification number, Driver photograph, social security card number/public services number, registered and actual residential addresses, scanned copies of the passport or identification card, driving licence, and Driver contact information (telephone number);
b) Vehicle registration number, vehicle make and model (as stated in the vehicle registration certificate), year of manufacture, vehicle colour, scanned copy of the vehicle registration certificate (both sides), insurance documents, vehicle photographs, and the vehicle’s carrying capacity (in tonnes).
3.4. The Driver hereby warrants the accuracy and completeness of all information provided regarding the Driver as a provider of non-scheduled transportation services, taxi services, and/or other services. The Driver acknowledges and agrees that such information may be displayed on the Platform and in other publicly accessible sections of the Service and may be disclosed in accordance with the applicable legislation of the Republic of Armenia.
3.5. The Driver shall indemnify and hold harmless the Partner against any losses, damages, costs, or expenses incurred as a result of inaccurate, incomplete, misleading, or outdated information provided by the Driver, including any consequences arising from the publication of such information on the Gavag electronic platform.
3.6. If the Partner receives a request, including by email, from a User concerning an accident or incident occurring during a trip performed under a transportation service request, including but not limited to a road traffic accident or any other event posing a risk to the User’s life, health, and/or property, the Driver shall provide all requested information and supporting documentation relating to such incident, including official accident reports where applicable. The Driver shall further ensure compensation for any damage caused to the User in accordance with applicable law.
3.7. The Driver shall promptly respond to any inquiries from the Partner concerning Users and/or Drivers and, in any event, no later than twenty-four (24) hours from receipt of such inquiry. The Driver shall take all reasonable measures to resolve disputes and, where applicable, compensate the User for damages caused, while informing the Partner of the actions taken.
3.8. The Driver shall not disclose Users’ personal data, including telephone numbers, to any third party and shall not use such personal data for any purpose other than those expressly permitted under the General Terms and Conditions of the Gavag platform. This includes, without limitation, making unsolicited telephone calls or sending messages unrelated to an Order, including spam, advertising, marketing communications, or similar activities.
3.9. Through his/her actions and conduct, the Driver shall prevent any confidential, commercial, banking, insurance, operational, or other proprietary information of the Partner or Users that becomes known to the Driver in connection with the provision of the Services from being disclosed or otherwise becoming accessible to third parties.
3.10. The Parties shall be liable for any breach of the obligations set forth in this Agreement in accordance with applicable law.
3.11. The Driver shall not provide any Services while under the influence of alcohol, narcotics, controlled substances, or any medication that may impair the ability to operate a vehicle safely.
3.12. The Driver shall not request or collect any additional payment from a User unless such payment has been expressly authorised through the Platform.
3.13. The Driver shall not engage in abusive, threatening, discriminatory, offensive, harassing, or otherwise unprofessional conduct.
3.14. The Driver shall not perform an Order using an unapproved vehicle or through another driver without the prior consent of Gavag. The vehicle must be clean, roadworthy, safe for operation, legally authorised for use, and correspond to the category specified in the Order. The Driver shall comply with traffic laws, safe driving practices, standards of professional conduct, and respect the personal space of Users.
3.15. Users may evaluate the Driver’s communication skills, driving performance, vehicle condition, driving safety, and cleanliness. Ratings, complaints, order performance, and overall service quality may affect the Driver’s visibility on the Platform, remuneration, eligibility for future Orders, and may result in account restrictions or termination of cooperation. The Driver shall monitor notifications sent through the Platform, email, SMS, WhatsApp, or other communication channels and shall maintain accessible means of communication at all times.
3.16. The Driver’s remuneration may be calculated based on the applicable base commission rate, the number of completed Orders, the volume of Orders completed during the preceding twelve (12) months, User ratings, and other applicable criteria. Separate rules may apply to new Drivers, initial Orders, or Drivers with insufficient operating history.
3.17. The Driver shall be responsible for the accuracy of all banking, card, and other payment details provided. In the event of inaccurate or missing payment details, banking restrictions, payment system failures, User complaints, verification procedures, or other circumstances requiring investigation, Gavag may delay, withhold, or recalculate payments until the matter has been resolved.
3.18. Unjustified late cancellation of an Order, failure to appear, improper performance of the Services, or attempts to circumvent the Platform through direct arrangements with Users may result in penalties, withholding of payments, account restrictions, or termination of cooperation.
3.19. A Driver’s price offer is linked to a specific Order, Driver, and selected vehicle. By submitting an offer, the Driver confirms that he/she is available on the specified date and time, that the vehicle meets the requirements of the Order, and that the quoted price includes all ordinary costs required for performance of the Order unless otherwise specified on the Platform.
3.20. If a User selects or pays for another Driver’s offer, the Driver shall have no right to perform the relevant Order or claim payment in relation thereto. A submitted offer may only be withdrawn or modified before it has been selected and/or paid for by the User, provided that such functionality is available on the Platform at the relevant time.
3.21. Upon accepting an Order, the Driver shall arrive at the designated location at the agreed date and time.
3.22. If the Driver becomes unable to fulfil an accepted Order, the Driver shall notify Gavag as soon as reasonably possible.
3.23. In the case of airport pickup services, the Driver shall monitor flight information, use the agreed meeting procedure, and, where applicable, display a name sign for the User.
3.24. The Driver’s account may be suspended or terminated in the event of inaccurate, expired, forged, or otherwise invalid documentation.
4. FEES AND PAYMENT TERMS
4.1. The Driver’s remuneration shall be calculated based on the Driver’s rating, applicable qualification criteria, and in accordance with the payment calculation rules published at https://gavag.am/calculation-rules/ .
4DRIVER REMUNERATION FOR NON-SCHEDULED TRANSPORTATION SERVICES AND/OR OTHER SERVICES
5.1. The Driver acknowledges and agrees that only cashless payment methods are available to Users through the Platform.
5.2. Where a User makes a cashless payment for Services, the corresponding amount relating to the Order shall be transferred to the Partner and shall be released or otherwise made available only after the successful completion of the relevant Order.
5TERMINATION OF THE AGREEMENT
6.1. The Driver may terminate this Agreement at any time by unilaterally withdrawing from the Agreement and completing the applicable account deactivation or deregistration procedure.
6.2. The Partner shall have the right to terminate this Agreement unilaterally if the Driver breaches any provision of this Agreement, provided that the Driver is notified using the contact details supplied by the Driver.
6.3. In the event of early termination of this Agreement, the Partner shall compensate the Driver proportionally for the Services actually rendered up to the effective date of termination.
6MISCELLANEOUS PROVISIONS
7.1. This Agreement shall enter into force upon the Driver’s registration on the electronic platform and acceptance of the applicable terms and conditions and shall remain in effect for an indefinite period, unless otherwise terminated in accordance with applicable law or the provisions of this Agreement.
7.2. Any dispute arising out of or in connection with this Agreement shall be resolved exclusively by the competent courts of the Republic of Armenia. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Armenia.
7.3. The Driver shall be solely responsible, to the extent provided by the legislation of the Republic of Armenia, for his/her actions or omissions, traffic violations, the technical condition of the vehicle, insurance obligations, and any damage caused to a User or third parties. Gavag shall not be liable for any violations committed by the Driver except where such liability is expressly required by mandatory law.
7.4. This Agreement is concluded by means of electronic acceptance and shall have full legal force and effect.
7.5. Under no circumstances does the Partner guarantee the continuous or uninterrupted availability of the Services to the Driver, nor the constant or regular availability of Orders through the Platform.
7.6. Any notice or communication shall be deemed duly received by the recipient if sent using the contact details specified in this Agreement or otherwise provided by the relevant Party.
APPROVED AND EXECUTED IN ELECTRONIC FORM
Any amendments or updates to this Agreement shall be communicated via the email address provided by the Driver.