AGREEMENT OF ASSIGNMENT

The parties:

  1. The Client who provides an assignment via DriveMe (hereinafter referred to as ‘the Client’)

and

  1. The Driver who accepts an assignment via DriveMe (hereinafter referred to as ‘the Contractor’)

Considering that:

  • The parties do not intend to enter into an employment contract with this agreement but an agreement of assignment in accordance with Article 7:400 et seq. of the Dutch Civil Code (BW);
  • The parties will ensure that the execution of this agreement complies with the legal rules for the independent execution of an agreement of assignment as defined in Article 7:400 et seq. of the BW;
  • The parties choose to exclude the application of the fictitious employment relationship of teleworkers or similar cases as referred to in Articles 2b and 2c of the Wage Tax (Employment Relationship) Decree 1965 and Articles 1 and 5 of the Decision Designating Cases in which an Employment Relationship is Considered to Exist (Decree of December 24, 1986, Stb. 1985, 655) in specific cases and have therefore drafted this agreement accordingly;
  • The Client is free to provide instructions regarding the assigned tasks as referred to in Article 7:402 of the BW, while the Contractor nevertheless performs the assignment as an independent entity and, in that sense, has a significant degree of freedom in determining how the assignment is executed;
  • The parties wish to enter into this agreement under the following terms and conditions.

Declare the following to be agreed upon:

  1. The Contractor shall perform the following services for the Client: chauffeur services, transporting individuals in a vehicle provided by the Client.

  2. This agreement is entered into for the duration of each assignment.

  3. If the Contractor is unable to perform the work due to illness, the Contractor shall immediately notify the Client. Illness of the Contractor is considered to be force majeure.

  4. The Contractor declares to possess a valid driver’s license.

  5. The Contractor is obligated to personally perform the assignment. It is therefore not allowed to have the assignment carried out by third parties.

  6. The Contractor must exercise the care of a good contractor in carrying out his work for the Client and, in addition, in the use of the Client’s properties provided to him for the execution of the assignment. The Contractor is obliged to comply with timely and reasonable instructions regarding the execution of the assignment. The Contractor is entitled to terminate the assignment for compelling reasons if a third party gives him objectively unreasonable instructions for the execution of the assignment and this third party, after being informed of the unreasonableness of these instructions, still insists on them.

  7. The Contractor is entirely independent in performing the agreed activities. The Contractor performs the agreed activities at their own discretion and without supervision or direction.

  8. The Client owes the Contractor an hourly fee, which was offered by the Contractor on DriveMe and accepted by the Client through selection. DriveMe will facilitate payment in the capacity of an external and limited collection agent. Payment of the fee in this manner is considered equivalent to a direct payment from the Client to the Contractor.

  9. In the event of the Client’s termination, the Client is not obliged to pay the Contractor any compensation if the termination occurs at least forty-eight (48) hours before the agreed commencement of the assignment. In case of termination by the Client within twenty-four to forty-eight (24 / 48) hours before the agreed assignment, the Client is obliged to pay the Contractor a fee of 50% of the agreed assignment value. In the event of termination by the Client within twenty-four (24) hours before the agreed assignment, the Client is obliged to pay the Contractor a fee of 100% of the agreed assignment value.

  10. The Contractor is obligated, both during the term of the agreement and after its termination, to maintain strict confidentiality regarding all matters of the Client, the confidential nature of which can be assumed to be known to them.

  11. The Client is responsible for obtaining an All-Risk insurance (vehicle liability insurance with full casco coverage) in accordance with the requirements of the Motor Vehicle Liability Insurance Act and is also obligated to provide passenger insurance. The Client is obligated to maintain this insurance throughout the entire duration of the agreement.

  12. The Contractor is not liable for damages caused by non-performance, untimely performance, incomplete performance, or improper performance of tasks. This exclusion does not apply in cases of intent or gross negligence.

  13. The Contractor does not accept liability for damage to the Client’s vehicle that occurs during the execution of the work and/or the potential costs associated with a bonus-malus loss and the Client’s deductibles.

  14. The parties declare that Dutch law applies to all disputes arising from this agreement or subsequent agreements resulting from it.