TERMS AND CONDITIONS

1. PARTIES AND ACCEPTANCE

These Terms and Conditions (“Terms”) govern the registration and participation in the Contract Service Program (“CSP”) by the registrant/operator (“Qualified Operator”) through the Land-Based Service Contracting Program Registration System (“LBSCP”).

By clicking ‘I Agree’ and submitting the online application, the Qualified Operator affirms that it has read and understood these Terms and hereby gives its consent to be bound thereby.

2. SCOPE AND COVERAGE OF THE LTFRB LBSCP

The program shall cover:

• All Consolidated units and those with pending application for Consolidation; and
• Those with valid CPC, PA or Special Permit (whichever is applicable).

3. REPRESENTATIONS OF THE QUALIFIED OPERATOR

The Qualified Operator represents and warrants that:

• It is duly organized/registered and authorized to operate the applied-for service, and the person completing the registration has authority to bind the Qualified Operator.
• All information and documents submitted through the LBSCP are true, correct, complete, and authentic.
• Any collusion with the GPS provider to submit false information in the Certification shall be a ground for cancellation of contract and non-payment of the trips.
• Any misrepresentation or falsification/fraudulent submission of documents under Item 4 of these Terms and Conditions, as well as any false or inaccurate information contained in the application for the Program, shall be sufficient ground for the outright denial of the application or, where applicable, the immediate revocation of any approval granted and non-payment of the trips.
• The LTFRB reserves the right to take appropriate legal action in accordance with existing laws, rules, and regulations, without prejudice to the filing of criminal, civil, and/or administrative charges against the responsible party or parties.

4. ACKNOWLEDGMENT OF COMMON CARRIER STATUS AND STANDARD OF CARE

• The Qualified Operator acknowledges that, as a common carrier, it is bound to observe extraordinary diligence for the safety of passengers, according to all the circumstances of each case under the Civil Code of the Philippines.
• The Qualified Operator undertakes to carry passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with due regard for all circumstances under the Civil Code of the Philippines.
• In case of death or injuries to passengers, the Qualified Operator understands that it is presumed to have been at fault or negligent, unless it proves observance of the extraordinary diligence required by law.

5. DOCUMENTARY REQUIREMENTS

The Qualified Operator, including those with units already consolidated or with pending applications for consolidation, hereby undertakes to comply with and submit, through the LTFRB LBSCP Registration System, the following documentary requirements, to wit:

• Valid and current LTO Official Receipt and Certificate of Registration of the unit to be on-boarded.
• Notarized Secretary’s Certificate certifying that the applicant operator has a valid and subsisting Certificate of Public Convenience (CPC) and/or Provisional Authority (PA), or Special Permit.
• Valid government-issued ID bearing three (3) specimen signatures of the Board Secretary.

Failure to comply with or submit any of the foregoing requirements shall constitute sufficient ground for the LTFRB to outrightly deny the application.

The Qualified Operator shall, in good faith, work to resolve such discrepancies within a reasonable period of time.

6. PAYMENT SCHEME

• Regular payouts for services rendered shall be computed within three (3) to five (5) banking days from receipt of the MMF or GPS Trip Report, as the case may be, subject to compliance with program requirements and existing government rules and regulations.
• Only completed trips shall be considered for payment. Trip-cutting, fractional, or uncompleted trips shall not be counted as one (1) trip and shall not be eligible for payment.
• In the event that the Qualified Operator determines that the GPS provider has failed to comply with the submission of the GPS Trip Report within the period prescribed by the LTFRB, the Qualified Operator may, as a provisional remedy, submit a notarized certification of compliance and service performance, pending submission of the required certification from the GPS provider, to allow payment for services rendered.
• Provided, that ten percent (10%) of the total amount due shall be retained and released only upon submission of the GPS Trip Report certification from the GPS provider.

7. TRIP AND ROUTE LIMITATIONS

Under this Program, the number of trips or allowable kilometer-run per unit/day covered for payout are as follows:

• For the EDSA Carousel (PUB): six (6) trips/day
• For PUB Feeder Routes (in City Bus), UV Express (UVE) and Public Utility Jeeps (PUJs): Up to 100 km/day
• For UVEs and PUJs, modern units operating nationwide shall be covered, while traditional units shall be covered only if operating along feeder routes in Metro Manila and main through fares in the provinces.

The Qualified Operator shall be compensated for five (5) days per week under the Program. The Qualified Operator shall likewise be required to display the following on its units during its selected Service Schedule Commitment under the Program, to wit:

• Official Program signages/tarpaulins
• Generated passenger feedback QR Code

The 6 Trips or 100km/day shall be prioritized during the following hours:

• 5:00 AM – 10:00 AM
• 4:00 PM – 9:00 PM

Qualified Operators are allowed to operate more than 6 trips per unit per day for the EDSA Carousel and City Bus, and in the case of UVE and PUJs, up to one hundred (100) total kilometers per unit per day; provided, that any excess trips or kilometers shall not be eligible for payout under this Program.

8. PASSENGER DISCOUNT

8.1. Onboarded participants shall provide a twenty percent (20%) fare discount to passengers for the whole day, on top of the mandatory discounts for Senior Citizens, Persons with Disability (PWD), and Students, during the implementation of the Program.

8.2. The Agency shall issue the official Fare Guide/Fare Matrix, inclusive of the applicable discounts.

9. EMPLOYEE/DRIVER ACTS; RESPONSIBILITY FOR OPERATIONS

The Qualified Operator remains responsible for the acts or omissions of its drivers, conductors, dispatchers, and other personnel in connection with the service. The Qualified Operator shall implement systems for selection, supervision, training, and discipline consistent with extraordinary diligence standards.

10. SERVICE COMMITMENTS UNDER THE CSP

• The Qualified Operator shall operate only within the scope applied for/approved (e.g., authorized routes/areas, unit trips, operational hours, dispatch/headway commitments).
• The Qualified Operator shall maintain vehicles in safe and roadworthy condition and ensure drivers meet qualifications required by applicable regulations and CSP requirements.

11. AUDIT TRAIL

• The LTFRB LBSCP Registration System’s records (date/time of submission, uploaded files, and acceptance logs) may be used to verify the Qualified Operator’s undertakings under these Terms.
• The Qualified Operator consents to verification of submitted information for CSP evaluation and compliance monitoring.

12. SUSPENSION, CANCELLATION, AND CONSEQUENCES OF MISREPRESENTATION

Without prejudice to the filing of appropriate civil and criminal actions, the LTFRB may, in its discretion, deny, suspend, or cancel a qualified operator’s participation in the CSP, and/or suspend or revoke its franchise authority, for any of the following:

• The material misrepresentation by, or the submission of falsified, altered, or tampered documents by, the qualified operator to the LTFRB;
• Failure to display the required official program signages/tarpaulins and the generated passenger feedback QR Code, as prescribed under Section 7 of the Terms and Conditions of this Program;
• Any act or omission by the qualified operator that materially undermines the passenger-safety obligations of a common carrier or qualified operator under the Civil Code of the Philippines or other applicable law;
• Any other breach or violation by the qualified operator of the Terms and Conditions of this Program.

The Qualified Operator remains responsible for liabilities arising from its operations notwithstanding suspension/cancellation.

13. AMENDMENT CLAUSE

No amendment or modification of any of the terms and conditions of this Agreement shall be valid unless evidenced by a written Agreement executed by the authorized representatives of all concerned Parties.

14. DATA PRIVACY ACT

14.1. Pursuant to the Republic Act (R.A.) No. 10173, or the Data Privacy Act of 2012, the LTFRB shall be authorized to collect, process, record, organize, update, use, consolidate, or disclose their personal data as part of their personal information relative to the implementation of the SCP, and for purposes related to the said program such as but not limited to the establishment of the SCP Dashboard. In view thereof, a Carrier hereby consents for the processing of personal data that will be used for the implementation of the program.

14.2. The Qualified Operator hereby confirms their awareness of their rights under the Data Privacy Act, including the right of the LTFRB to terminate the contract should the PUV operators withdraw its consent or request the removal of its personal information.

14.3. The Parties hereby agree to conform to the provisions of the Data Privacy Act, its Implementing Rules and Regulations, and related issuances.

14.4. Further, insofar as the implementation of the provisions of this Agreement shall entail exchange of personal data, the Parties hereby agree to execute the necessary Data Sharing Agreement pursuant to the Data Privacy Act.

15. SEPARABILITY CLAUSE

If any provision of this Agreement is declared unconstitutional or void, the rest of the Agreement shall nevertheless remain in full force and effect.

16. ENTIRE AGREEMENT

16.1. All Parties acknowledge that this Agreement constitutes the entirety of their intent and shall completely supersede all other prior understandings, previous communications or contracts, oral or written, between the Parties relating to the subject matter hereof.