Terms & Conditions - Driver

Last update: [07.05.2021]

1) Scope

These General Terms and Conditions of Use (hereinafter the “Terms of Use”) govern the access and use of the mobile application developed and owned by LYMO SA, a company having its corporate seat at 14 rue du rhone, 1204 Geneva and registered with the Geneva Trade Registry under number CHE-337.001.082 (hereinafter “LYMO”). The LYMO application (hereinafter “the Application”) may only be used after these Terms of Use have been accepted.

The LYMO Application provides a technological matchmaking platform that allows third party transportation service providers duly registered as users of the LYMO system (hereinafter “the Driver(s)” or “you”) to offer their rides to persons seeking transportation services (hereinafter the “Client(s)”); the latter can send their ride requests directly to the Drivers via the LYMO platform.

The Application is available for taxi cars (hereinafter "the Taxi(s)"),who are allowed to use public transport lanes, and professional passenger car drivers (“voiture de transport avec chauffeur”,hereinafter the “VTC(s)").

By using the Application and its related services, you are informed and acknowledge that LYMO puts Drivers and Clients into adirect relationshipand does not itself provide transportation services. The Drivers provide the transportation services for their own account and under their own responsibility. Each ride performed by a Driver for a Client will constitute a separate contract between those persons.

These Terms of Use can be consulted any time under the “Help” section of the app or under the website www.lymo.com. Any modifications of the Terms of Use will be communicated in a clear way to the Drivers and you have to accept those in order to continue to use the Application

LYMO commits that any modification of the present Terms of Use will guarantee the independence of the Drivers, will respect ethics and the law as well as the values of LYMO (Integrity, Transparency, Courage, Kindness and Humility).

2) Conditions of Use of the Application

(i) Eligibility

To use the LYMO Application you must be the holder of a professional driver card or any otherauthorization allowing you to professionally exercise the activity of Taxi or VTC driver in accordance with the applicable legislation.LYMO will ask you to provide the following documents (required by the law) when you register on the platform:

  • a scan of your Swiss ID or your work permit,
  • a scan of your professional Taxi or VTC driver card,
  • a scan of the circulation permit of your car,
  • a scan of your AVS certificate,
  • a proof of your status as an independent driver (your official request with SUVA is to be provided within 60 days after your registration, the official certificate of independence is to be provided within 6 months from your official request therefore).

(ii) Driver Account

To use the LYMO service you willneed to download the Application and register as a user (hereinafter the “Driver Account”). The Driver Accountimplies that you submittoLYMOa certain number of personal details such as your name and surname, address, scanof your identity papers, of your professional Taxi or VTC driver card, of your circulation permit of your car, photograph of you, your e-mail address, your telephone number, your AVS number and the evidence of your independence (or proof of pending request). You will also have to inform us whether your hold an access badge to the Airport parking (P3) or not.

You will be required to provide your banking details or the details showing on your bank card in order to use the platform.

LYMO may request further information or documents if the ones provided are illegible, erroneous or if further verifications are necessary for legal reasons. The use of the Application by the Driver is conditional on the submission ofall the information and documents requested in these Terms of Use.

You certify that all registration information provided to LYMO is accurate and agree to maintain and update such information in a timely manner. LYMO is not liable for erroneous payment information that a Drivermay have registered. In the absence of accurate, complete and up-to-date information you may no longer be able to access the service.

The e-mail address that you providedduring your registration will be used for communication purposes with LYMO and will also be your communication mean with your Clients. Each ride invoice that is generated for your Clients via the Application will automatically be sent by e-mail with your surname and name as the sender and your e-mail address as the reply-address. In case of complaints, your Clients will be able to contact you directly via your e-mail (for instance by replying directly to the ride invoice) or via your phone number. LYMO will not have access to the content of the communications between you and your Clientssince they take place outside the Application.

(iii) Multiple cars and car sharing

If all the conditions required by the law are fulfilled, you may register more than one car on your Driver Account and you may also share your car(s) with other registered Drivers. In such case, when using the Application, the Driver must indicate thereon which car he is using.

(iv) Driver behavior

You will not allowany other person to use your Driver Account, will duly protect the confidentiality of your passwords and comply with all the legislation applicable to the activity of professional passenger car transportation.

LYMO mayat any time and suspend or terminate the present contract particularly in case of fraud, illegal behavior or non-compliance of the Driver with the law (for example withdrawal of driver’s license).

3) Data Protection Policy

During the use of the Application, LYMO will have access to and collect personal data from the Driversonly when you are connected to the platform (“Online”).

In order to benefit from a good user experience and to ensure that the effective geolocation data of the rides you complete for your Clients is accurately reflected in the calculation of the actualride costs, we recommend you to allow the Application to access your location at any time through the settings of your phone. That way, in the event where you temporarily use another application on your phone during a ride (for instance an application such as Google Maps to guide you through the ride), the Application will be able to continue tracking your location to enablethe calculation of the actual distance of the ride. Otherwise the ride distance tracked by the Application will not be able to consider the real ride distance (as the data will stop being collected when the LYMO Application is in the background). LYMO cannot be held responsible in case of a calculation mistake linked to the fact that your location was not trackable during the entire ride.

The geolocation data of the Drivers are only accessed and collected by LYMO while you are “Online”. The access and the collection of this data stops when you indicate you are “Offline” on the Application.

The manner in which LYMO processes personal data gathered when the Application is used, that is submitted when creating a Driver Account or in any other way is described in the Privacy Policy available under "Help” in your Application or on the website www.lymo.com .

The Privacy Policy forms an integral part of these Terms of Use.

4) Using the LYMO Platform and ride booking by the Client

(i) Rate choice

LYMO has laid down10 fixedrate levels, from level 3 to 12. The details of the fares (start rate, price per kilometer, price per minute and minimum ride price) can be consulted at any time on your Application. The price range proposed to the Client ranges from -12% to +12% of the estimated fare price.

In addition to these 10 fixed rate levels, the Driver will be free to choose a customized rate called “My own rate” that will allow him to define his fare details at any time in a completely free manner. He will be free to define his start rate, price per kilometer, price per minute and minimum ride price as well as the price range interval of the price shown to the Client (with a maximum interval of 24% as requested by the PCTN).

When the Application is activated, it will show you the average rate level of the 10 last ridesmatched via LYMO in your area and your carclass. If you have chosen not to have your car classified as “Standard” or “Premium”, the average rate level will be calculated based on the 10 last rides of all the cars in your area.

Based on this information,you may choose your own rate level from the 10 rate levels or choose your customized rate (“My own rate”).

LYMO reserves its right to modify its fixed rate levels for market related reasons or changes in the applicable law. Any modification of these levels will be notified to the Drivers without delay.

(ii) Car classification

LYMO defines the classification of cars as being Standard or Premium according to following criteria:

  • • Is defined as premium, any vehicle authorized for professional transport of persons belonging to the classes D, E, F, M or J defined by the European Commission, that has leather interiors and a maximum of 10 years since its first circulation date.
  • • Is defined as standard any other vehicle authorized for professional transport of persons.

If a Driver chooses not to have his car classified in the Premium or Standard categories, he can register the car as “Undefined” (not classified by vehicle class) by making the request to Lymo (that will be systematically accepted) at registration or later.

In that case, the Driver and his car will show in the list of cars (Standard or Premium) when the Client has indicated Fastest as his preference, situation in which the car classis of lesser importance. The Driver can request at any time for his car to be reclassified in the appropriate category (Standard or Premium) if he wishes so.

(iii) Ride request

If your car is available and meets the criteria of a Client, your car will be shownto him in the list of available cars. The Client’s screen will first displaytwo cars, one standard and one premium, which best matches his selection criteria (fastest or cheapest)and showing for each car, the model, the year, the color,whether the vehicle is electric or not, the estimated time of arrival to the pick-up location, or the estimated time to destination if such display is selected by the Client, the average rating of the Driver, the estimation of the price of the ride in the form of a price range as well as the Percentage of “Perfect Rides” of the Driver (see paragraph 8). The cars shown to Clients can be either Taxis or VTCs and this will be clearly indicated.If a Client wishes to have a greater choice of cars, he can click on “Other choices” andhis screen will display a longer list of available vehicles which will be regularly updated.

The price range is calculated by the Application on the basis of the ratelevel selected by you on the Application (10 rates + “My own rate”).

If the Client chooses your car, the Application will inform you thereof, show you the pick-up location, the estimated distanceto reach it, the drop-off address as well as the estimation of the price of the ride in the form of a price range. If a ride is more than 20km long, the Application will also indicate it. If the time to reach the pick-up location is greater than 7 minutes, each additional minute will increase the price at pick-up by CHF 1 per minute (equivalent to the maximal hourly waiting fee of 60 CHF defined by the Règlement d’application de la LTVTC (Art.32)) and this charge will appear in the “Extra” field of the ride request screen. If the destinationof a Client is abroad,the Application will indicate the country of destination. If the pick-up location is the Geneva International Airport, the Application will increase the pick-up price by CHF 1.50 (corresponding to the Parking P3 fare, according to the Art. 3 al. 5 of the Règlement sur les conditions d’accès au périmètre de l’Aéroport International de Genève); this charge will also show in the “Extra” field of the ride request screen.

You will have 20 seconds to accept or refuse the ride. This time is based on the estimated time a Client is ready to wait until he gets a response from a Driver (same as for instance if he calls a Driver by phone and that he doesn’t get an answer).

When you accept a ride, the Client receives a confirmation thereof and his screen will show your first name, number of your professional card, photograph, license plate registration number, location and the indication “I’m on my way”. By accepting the ride, a contract is concluded between yourself and the Client for such ride in your vehicle and for the given price range.

From the moment when you accept the ride, you are in direct relationship with the Client with whom you conclude a direct transportation contract. LYMO only acts as a matchmaker.

Your screen will show the first name, photographif there is one, the payment method and pick-up location of the Client. You can contact the Client by telephoneor sms. The Client can do the same with you. Telecommunications transmitted through a telephone network such as calls generate costs at the expense of the issuer.

Upon your arrival at the pick-up location you will indicate to your Client through the Application that you have arrived (“Mark arrived” button).

Once the ride has started (Client is in the car with you), the Client will see your surname, first name, your professional card number, your picture and your phone number.

If you decline a ride because you are no longer available, the Client can select and order another car in his list.

(iv) Order cancellation/cancellation fees

A Client may cancel an order at any time before the start of the ride.

Any cancellation of an order more than 1 minute after it has been accepted by the Driver will give rise to a cancellation fee (of 1 CHF per minute between 1 minute after your acceptation until the cancellation, equivalent to the maximal hourly waiting fee of 60 CHF defined by the Règlement d’application de la LTVTC (Art.32)). The Client will be informed through the Application. However, if the Driver is more than 5 minutes late at the pick-up point compared to the time initially estimated by the Application, then there will be no cancellation fee.

The cancellation of an order also covers the situation in which the Client does not show up in front of the car within 8 minutes after you have informed the Client via the Applicationof your arrival at the pick-up location. You will have the right to cancel the ride and collect a cancellation fee equivalent to the minimal ride price of the rate you have chosen. The Client will be informed thereof through the Application.

You accept cancellation fees will be charged to the Client if he cancels his ride less than 1 minute after you have accepted the ride (often linked to a manipulation error).

(v) Driver waiting fees

If the Client doesn’t show up at your vehicle in the 3 minutes following your arrival at pick-up location, a waiting time fee (of 1 CHF per additional minuteequivalent to the maximal hourly waiting fee of 60 CHF defined by the Règlement d’application de la LTVTC (Art.32)) will be charged and added to the price of the ride. The Client will systematically be informed thereof through the Application.

(vi) Modification of the contract/price adaptation

A Client may change the destination of his ride through the Application at any time during the ride. A new price range calculated at the same ratelevel applied by the Driver for the initial ride will be displayed and the Client will have to accept it. Once the Clienthas accepted the new price range, the new destination will show on your screen and you will be able to choose to accept it or not.If you accept it, a new contract is concluded between you and the Client based on this new data. Should you not accept the new destination, you can either agree with the Client to drop him off at his initial destination or another destination mutually agreed on (to be confirmed through the Application) or terminate the ride.

(vii) Receipt for cancellation fees

As for a ride, a receipt for cancellation will be notified to the Clientvia e-mail from the Driver’s account as soon as possible and will also be available for consultation through the Application.

(viii) Ratings

LYMO is committed to offer a completely transparent platform.To this effect, at the end of each ride, the Client will have the possibility to rate his Driver on a scale of 1 to 5. This rating will be indicated on the receipt of each ride available in the Application once the Client has evaluated you. The Drivers may also rate their Clients.

If a Driver decides not to be rated, he can decide to be displayed with “no rating” by requesting it to Lymoat his registration (request will systematically be accepted). In that case, the Driver and his car will show in the list of cars (Standard or Premium) when the Client has indicated Fastest as his preference, situation in which the Driver’s rating is of lesser importance. The Driver can request at any time to be rated if he wishes so.

The rating of a Driver is at no time used as a classification criterion for the order in which the vehicles are displayed to the Client in the list of ride options.

If he wishes , a Driver can choose to offer rides only to Clients whose rating is above a certain level by indicating it in his Application settings.

(ix) Complaints

In case of a complaint regarding a ride, its invoice or the service provided, the Drivers and the Clients are able to contact each other directly via telephone (call or sms) or via e-mail in order to find an amicable solution (reimbursement via the Application, excuses, etc.) or, in needed to take necessary measures against each other (legal complaint, etc.).

5) Price of the Rides

The price rangedisplayed to the Client is estimated by LYMO for each ride taking into account in particular the estimated distance (per km) of the ride, the estimated ride time and the rate level applied by the Driver within the limits of the applicable law.

At the end of the ride, the Application will determine the "actual calculated price of the ride" based on the actual ride data ( final time, distance, waiting fee, tolls) and according to the rate level applied by the Driver.

For Taxi rides, an official taximeter will be on and visible during the ride. This taximeter will show the maximum fare allowed by law for taxis (LTVTC). The final price charged to Client will not exceed the maximum price of the initial price range, nor exceed the final price displayed by the taximeter.

The actual calculated price of the ride by LYMO is used to calculate the discount applied to the taxi fare based on the taximeter, if any.

For the VTC, the final price (based on the actualcalculated price of the ride) that will be charged to the Client will not exceed the maximum price of the initial price range, which is a guaranteed price (according to Art 18 al. 6 LTVTC).

Notwithstanding the above, the final price of the ride may exceed the maximum limit of the estimated price range if, for example, there is a Driver waiting fee at pick-up or if the Client changes his destination, as imposed by the law.If there are toll charges which are fees/taxes levied for the access to certain roads including bridges or tunnels these will be added to the final price of the ride but such final price may not exceed the maximum limit of the estimated price range.

In the latter case, before the end of the ride, the Driver will enter in the Application the amount of the toll charges he has advanced andthis will appear on the receipt notified to the Client by the Driver viathe Application. The Driver will download on the Application a picture of the receipt issued by the toll service which can be consulted by the Client.

There will be no extra charge for luggage.

6) Payment of the Transportation Services by the Client

"Costs" are defined as: the price of the transportation services ordered through the Application including applicable taxes, waiting fees, cancellation fees and toll charges.The Client can pay the Costs either with the credit/banking card registered on his Client Account or in cash paid directly to the Driver.

When a card payment is made via the Application, LYMO receives such payments on behalf of the Driver and automatically redistributes the entirety of the amounts (minus navigation and credit card charges and Lymo usage fee)to the Drivers at the end of a full week.

A receipt containing all the required legal indications will be sent to the Clientvia the Driver’s e-mail (see paragraph 2)ii)) without delay and can be consulted by the Driveron the Application.For Taxi rides, the receipt will also show the taximeter price and the discount if there is one between such price and the actual price paid for the ride.The Driver has the legal obligation to keep receipts for at least 5 years.

A valid banking/credit card must be registered on the Application by the Client upon opening a Client Account. When ordering a ride, the Client will indicate his payment method, by card or in cash. In case of multiple registered cards, the Client will indicate which card he wishes to use. When a ride is ordered, LYMO will issue apre-authorization hold against the Client’s credit/banking card for the amount of theupper limit of the price rangeestimation given for the ride. In case of the failure of such pre-authorization, the Driver will be notified of the ride request cancellation due to that Client’s card pre-authorization failure.

If the Client has chosen to pay in cash and he fails to do so at the end of the ride,the Driver will need to find an amicable solution with the Client or, as the case may be, take the necessary measures towards such Client (legal complaint, etc.).

LYMO shall not be held liable for such failure by the Client to pay and such amount will not be due by LYMO to the Driver.

7) Payments made by LYMO to the Drivers

After a full week of use of the application,LYMO will automatically pay to your bank account the amounts received on your behalf for the rides from which will be deducted:

  • - the weekly Lymo usage fees of 15 CHF. These fees are applicable if the Driver has completed at least 1 ride during that week.
  • - the navigation charges on rides
  • -the credit card company costs on rides for rides that were paid via credit/ banking card by the Client

You can consult your account at all times on the Application.

8) Percentage of “Perfect Rides”

At the end of each incoming ride request received by a Driver, Lymo will calculate the Percentage of “Perfect Rides” for this Driver. The percentage will be calculated as follows:

This percentage of “Perfect Rides” will be calculated based on the 100 last ride requests of this Driver (or on all the rides of the Driver if he received less than 100 ride requests).

The Drivers with the highest Percentage of “Perfect Rides” will rankhigher on the lists shown to the Clientsonly in case of parity with other Drivers on the criteria chosen by the Client. The Percentage of “Perfect Rides” of each Driver will be visible on the Client’s screen.

The percentage of “Perfect Rides” of a Driver with no rating will be the percentage obtained by dividing the number of completed rides by the number of ride requests that have not been cancelled because of the Client’s fault (cancellation by Client or cancellation by driver in case of Client no show).

9) Notifications / Communications

By opening a Driver Account you agree that LYMO may send you by SMS/Whatsapp or e-mail information relating to these Terms of Use or relating to new features, updates or the use of the LYMO Application or platform. Notifications can also be displayed directly on the Application.

10) Intellectual Property

You acknowledge that all intellectual property rights and other rights in the Application are the exclusive property of LYMO. These rights include those related to LYMO software, its databases, trademarks, logos, domain names or other similar rights. These Terms of Use shall not in any way be construed as transferring the ownership of the Application or any part of it or its contents to the Driver.

Provided you comply with these Terms of Use, LYMO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the Application on your personal device solely with respect to your use of the services, and (ii) access and use any content, information and material relating thereto that may be made available to you in connection with the services, in each case for your personal and non-commercial use.

LYMO does not grant any right or license to use its name, logos and LYMO product names associated with the LYMO Application and services.

You may not (i) copy, redistribute, reproduce, save, transfer or display to the public, broadcast or otherwise make available to the public any part of the LYMO service or otherwise use the LYMO Application or service in a way that is not permitted by these Terms of Use or the applicable law or in any way violating LYMO's intellectual property rights, (ii) sell, lease or sublicense any portion of the LYMO services, (iii) decompile, reverse engineer or disassemble the services except as may be permitted by the applicable law, (iv) insert links, create mirror sites or frame any part of the services, (v) launch or initiate any program or script for the purpose of retrieving data, indexing, browsing data or data mining any portion of the services or preventing the exploitation or functionality of any component of the services and (vi) attempt to gain unauthorized access to or damage any part of the services or related systems or networks.

In the event of violation of this Article, the Driver could face prosecution, including but not limited to an action for infringement, in addition to the termination of the contract.

11) LYMO’s Liability

LYMO is obliged, under applicable law, to ensure that the Drivers using the Application have the necessary authorizations and permits to undertake such activity and must verify, to the extent reasonably possible, that the Drivers use vehicles meeting the legal requirements. In conformity with the Art. 30 LTVTC and Art. 42 Règlement d’application LTVTC, LYMO holds a register containing information relating to the Drivers and to the cars that the Drivers use.

To the extent permitted by the applicable law, LYMO, its officers, employees, or service providers cannot be held liable for any prejudice or damage, direct or indirect, resulting from or related to your use of the Application or any service or content related to this Application.

In particular, LYMO will not be liable for:

  1. any damage resulting from the use or inability to use the Application, including damages caused by malicious or incompatible software, viruses or any inaccuracy or omission of information from the Application, its content and related services. LYMO does not guarantee that the Application and/or the related services will fulfill your needs, be complete, free from errors, omissions or always available, punctual, updated, accurate and accessible in an uninterrupted manner.
  2. electronic devices used with the Application, in particular for damages resulting from failure or delay in the transmission of electronic communications/data, from Internet access failure/delay or failure of other equipment preventing access to the Application, from the incompatibility of the Application with other electronic means, from interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and from the transmission of viruses.
  3. acts, behaviors, attitudes or negligence of the Driver. Any complaint about the transportation services provided by the Driver must therefore be addressed directly tohim through the Application and the Driver will be responsibleof taking any necessary measures (complaint, amicable solution,…).

LYMO may suspend, withdraw, interrupt or modify all or part of the Application at any time and without notice in particular for maintenance, technical, force majeure or legal reasons. The Application will inform you thereof through a notification. You acknowledge that LYMO cannot be held responsible for such suspension, modification or interruption of the Application.

12) Partial Invalidity

Any invalidity or unenforceability of any provision of these Terms of Use will not affect the validity of the other provisions.

13) Applicable Law and Jurisdiction

These Terms of Use are governed exclusively by Swiss law.

Subject to the mandatory applicable legal provisions, any dispute relating to the Application and to these Terms of Use, including their validity, interpretation or performance, shall be submitted to the courts of Geneva.