These Internal Regulations (“IR”) specify and enact the additional conditions for using the UberX, UberBlack and UberVan services in Belgium and become Adhering Member of the Belgian Platform Association ASBL (“PRA”), as well as the rights and obligations of Adhering Members, in accordance with the Articles of Association of the PRA and the Belgian Code of Companies and Associations.
2. Establishment and modifications of these IR
These IR are established by the Board of Directors of the PRA and may be modified from time to time by the Board of Directors of the PRA, to comply with the PRA’s evolving needs over time.
3. Purposes of the PRA
The purpose of the PRA is to create and manage a community of Adhering Members interested in :
- improving mobility and road safety in Belgium by promoting and facilitating the access for its members to alternative transportation services through the use of the Uber Application or any other digital ways,
- creating and promoting an alternative to owning a motor vehicle.
In particular, the PRA ensures the centralisation and aggregation of demand for chauffeur-driven car rental services on behalf of its Adhering Members and facilitates their access to such services by entering, on behalf of its Adhering Members, into Framework Contracts of Car Rental with a Driver (LVC) with various licensed professionals (LVC Companies).
More broadly, the purpose of the PRA is also to promote the interests of its Adhering Members in their capacity of passengers-users.
4. Conditions for using the UberX, UberBlack and UberVan services in Belgium
UberX, UberBlack and UberVan are services that allow Members of the PRA looking for alternative ways to plan a ride, to connect and be put in contact, through the use of the Uber Application, with various licenced professionals providing transportation services (LVC companies and their Drivers).
Only Members of the PRA may use the UberX, UberBlack or UberVan services.
5. Conditions for becoming a Member
Membership to the PRA is open to Effective Members and Adhering Members.
Any person who agrees to become a member of the PRA will become an Adhering Member. By agreeing to become a member, a person automatically accepts to be bound by the Articles of Association and these IR of the PRA.
6. Procedure for becoming Adhering Member
The mere fact of using the UberX, UberBlack or UberVan services for the first time in Belgium for planning a ride requires to agree to become an Adhering Member of the PRA and to accept these IR.
7. Rights and duties of Adhering Members
Adhering Members have the right to use UberX, UberBlack and UberVan services in Belgium.
Adhering Members do not have to pay any membership fee.
Adhering Members do not have the right to vote or participate in General Meetings.
8. Automatic loss of membership
Adhering Members lose their membership as a consequence of unacceptable behaviour with regard to the licenced professionals providing transportation services (LVC companies and their Drivers) with whom the PRA has entered into Framework Contracts of Car Rental with a Driver (LVC), such as:
- excessive rudeness/insult;
- inadequate language;
- overtly sexual aggressive behaviour;
- other behaviours generally considered as unacceptable.
Such unacceptable behaviour shall be established by “reviews” that the LVC Drivers are compelled to give to each Adhering Member after each ride. LVC Drivers must give a rating from 1 to 5 to each Adhering Member after they have completed a trip. LVC Drivers can choose to give additional reviews via the Help menu in the app. LVC Drivers can select the correct category and report an issue.
An Adhering Member who has lost his/her membership will automatically lose access to the Uber app due to breach of Uber’s terms and conditions and/or community guidelines.
In addition, a Member can be expelled by the General Meeting deciding at a majority of two-thirds of the votes cast. The relevant Member shall have the right to present his/her defence before the General Meeting and shall be notified of the decision.
Any Adhering Member may resign by ceasing the use of the UberX, UberBlack or UberVan services in Belgium.
11. Applicable law
These IR are governed by Belgian law. They must be applied and interpreted in accordance with this law.
In case of dispute, the courts of Brussels shall have exclusive jurisdiction.