Everybody Rides Happy
The LYMO Application provides a technological platform enabling persons seeking transportation services (hereinafter the “Client(s)” or the “Rider(s)”) to connect with and order transportation services from third party transportation service providers duly registered with LYMO (hereinafter “the Drivers” or “you”).
By using the Application and its related services, you are informed and acknowledge that LYMO is a ride dispatcher and 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.
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)").
2) Use of the Application
To use the LYMO Application you must be the holder of a professional passenger driver card or any other authorization allowing you to exercise the activity of Taxi or VTC driver in accordance with the applicable legislation. This implies that you must:
- Provide a copy, scanned copy or photograph of your valid driver’s license,
- Provide a copy, scanned copy or photograph of your professional driver card/authorization for the transport of passengers,
- Provide an excerpt of your criminal record, less than 3 months old, proving that you have not been the object, in the 5 years prior to your registration with LYMO, of a criminal conviction or an administrative decision incompatible with the activity of passenger driver,
- Provide a copy, scanned copy or photograph of your car insurance and of the circulation permit of your car,
- Provide a copy, scanned copy or photograph of your AVS certificate,
- Provide 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),
- Pass a personal interview with LYMO for your documents, originals and copies, to be verified.
(ii) Driver Account
To use the LYMO service you will need to download the Application and register as a user (hereinafter the “Driver Account”). The Driver Account implies that you submit to LYMO a certain number of personal details such as your name and surname, address, copy of your identity papers, copy of your driver license, photograph of you and of your car, e-mail, telephone number, social security number, including registration number as an independent or evidence of pending request to register as such, copy of your professional driver card/authorization, license plate registration and chassis numbers, excerpt from your criminal record, details of your car insurance, professional liability insurance, car registration card (“carte grise”) and any other requested information.
You will also be required to provide your banking details.
LYMO may request further information or documents if the ones provided are illegible, erroneous or if further verifications are necessary according to LYMO. The use of the Application by the Driver is conditional on all the requested information and documents being submitted.
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 Driver may have registered. In the absence of accurate, complete and up-to-date information you may no longer be able to access the service and LYMO reserves its right to terminate this contract with you.
(iii) Multiple cars and car sharing
If all the conditions required by LYMO are fulfilled, you may register more than one car on your Driver Account and you may also share your car(s) with another registered Driver. In such case, when using the Application, the Driver must indicate thereon which car he is using.
(iv) Driver behavior
You will not allow any 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.
The Driver recognizes that declining a ride ordered by a Client or not responding to it can be a negative Client experience of LYMO and agrees not to keep the LYMO Application active when he is not actually available.
A Driver being more than 5 minutes late can also lead to a negative Client experience in particular if the Driver is already on another ride. In such case, the Client will not be charged any cancellation fees.
LYMO may also at any time and at its discretion 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
4) Using the LYMO Platform
(i) Fare levels
LYMO has laid down 10 fare levels, from level 3 to 12, which will be presented to you when you register with us. The details of the fares (pick-up fee, price per kilometer, price per minute and minimum price) can also be consulted on the Application.
When the Application is activated, it will show you the average fare level of the 10 last LYMO rides near you in an equivalent vehicle category.
Based on this information, you may choose your own fare level from the 10 fare levels.
LYMO reserves its right to modify its fare levels for market related reasons or changes in the applicable law. Any modification will be notified to the Drivers without delay.
(ii) Order from a rider
If your car is available and meets the criteria of a Client located near you, the ride in your car will be offered to him in the list of available cars. The Client’s screen will first display two cars, one standard and one premium, which best fit his selection criteria (fastest or cheapest) and, for each car, the model, the year, the color, 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. The cars offered 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” and his 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 fare level selected by you on the Application.
If the Client chooses your car, the Application will inform you thereof, show you the pick-up location, the estimated time to reach it, 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 this. If the time to reach the pick-up location is estimated at more than 10 minutes (5 minutes for fare levels 3 and 4), then the distance of the ride will necessarily be greater than the distance to the pick-up location. If the time to reach the pick-up location is greater than 10 minutes, each additional minute will increase the price at pick-up by CHF 1 per minute. If the destination of 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.
You will have 20 seconds to accept the ride. Once accepted, you will go to the pick-up location.
When you accept a ride, the Client will receive a confirmation thereof and his screen will show your name, photograph, license plate registration number, location and the indication that “your driver is on the way”. By accepting the ride, a contract is concluded between yourself and the Client for such ride and the given price range.
Your screen will show the first name, photograph if there is one and pick-up location of the Client. You can contact the Client by telephone or chat. The Client can do the same with you. Telecommunications transmitted through the Application such as chats do not incur any costs. 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 through the Application that you have arrived (“I have arrived” button) and the Client will automatically be informed thereof.
If you decline a ride because you are no longer available, the Client can select another car in the list.
(iii) 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. 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 present himself in front of the car within 8 minutes after the Driver has informed the Application of his arrival at the pick-up location. The Driver will have the right to cancel the ride and collect a cancellation fee equivalent to the lower end price of the initial price range plus a penalty of CHF 5. The Client will be informed thereof through the Application.
You accept that LYMO does not invoice the Client cancellation fees if he cancels his ride less than 1 minute after you have accepted the ride.
(iv) Driver waiting fees
A waiting time fee (of 1 CHF per additional minute) will begin 3 minutes after the arrival of the Driver at the pick-up location and will be added to the price of the ride. The Client will systematically be informed thereof through the Application.
(v) 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 fare level applied by the Driver for the initial ride will be displayed. Once the Client has accepted the new price range, the new destination, that you will also need to accept, will be displayed on your Application. 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 end the ride.
(vi) Receipt for waiting/cancellation fees
As for a ride, a receipt for cancellation or waiting fees will be notified to the Client by e-mail as soon as possible and can also be consulted through the Application.
Lymo is committed to improving the quality of the transportation services. To this effect, at the end of each ride, the Client will have the possibility of rating his Driver on a scale of 1 to 5. The Drivers may also rate their Clients. This bilateral rating system promotes respect on the LYMO platform.
A Driver can choose to offer rides only to Clients whose rating is above a certain level.
LYMO reserves its right to use and share the Driver ratings in relation to the services without prior authorization from the Driver.
5) Price of the Rides
The price range offered 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 LYMO fare level applied by the Driver within the limits of the applicable law.
LYMO reserves its right, at its discretion, to classify a car as being standard or premium.
At the end of the ride, the Application will determine the "effective calculated price of the ride" charged to the Client based on the actual ride data ( final time, distance, waiting fee, tolls) and the LYMO fare 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. 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 effective 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 rides, the final price (based on the effective calculated 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.
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. 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 and this will appear on the receipt notified to the Client by LYMO. 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 payments is made via the Application, LYMO receives such payments on behalf of the Driver and automatically redistributes the amounts to the Drivers at the end of a full week (minus navigation, LYMO and credit card costs), .
A receipt containing all the required legal indications will be sent to the Client by e-mail as soon as possible and can also be consulted by the Driver on 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.
If the Client has asked to share the price of his ride with another Client who has accepted via the Application, the price of the ride will be shared by such persons and each of them will receive a receipt.
A valid banking/credit card must be registered on the Application by the Client upon opening a Client Account. If more than one credit/banking card has been registered, the Client will select one of them as his default payment card. When ordering a ride, the Client will indicate his payment method, by card or in cash. LYMO will take all technical measures that can reasonably be expected to ensure that the Client’s card is valid both when the Client Account is opened and when a ride is ordered. When a ride is ordered, LYMO will issue a pre-authorization hold against the credit/banking card for the amount of the upper limit of the price range estimation given for the ride.
If such pre-authorization hold fails, the Driver will be notified that the ride has been cancelled.
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 (police 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 Lymo fees based on your weekly gross revenues as follows:
- 0 CHF for a revenue of 59.99 CHF or less
- 0 CHF fees for a revenue between 60 CHF and 124.99 CHF
- 20 CHF fees for a revenue between 125 CHF and 199.99 CHF
- 30 CHF fees for a revenue between 200 CHF and284.99 CHF
- 40 CHF fees for a revenue between 285 CHF and 384.99 CHF
- 50 CHF fees for a revenue between 385 CHF and 499.99 CHF
- 60 CHF fees for a revenue of 500 CHF or above (these amounts and the revenue levels are subject to modification by LYMO and such modification will be notified to the Drivers in advance).
- The navigation charges on rides
- The credit card company costs on rides
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:
% Perfect Rides = ((#Completed rides-#Rides with a rating of 1, 2 or 3))/((#Ride requests-#Client cancellations (change of mind)-#Driver cancellations (no show)))
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 largest Percentage of “Perfect Rides” will rank higher on the lists shown to the Clients (in case of parity with other Drivers on the criteria chosen by the Client). The Percentage of “Perfect Rides” will be visible for each Driver on the Client’s screen.
9) Promotions, discounts, sponsorship or recruitment coupons
LYMO may from time to time at its discretion grant Drivers promotions, discounts, sponsorship or recruitment coupons or otherwise allow them to grant discounts/promotions to their Clients through coupons, codes or other means. Unless indicated otherwise, these promotions, discounts, coupons, codes and other promotions are valid for 30 days and may not be cumulated.
11) Intellectual Property
LYMO does not grant any right or license to use its name, logos and LYMO product names associated with the LYMO Application and services.
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.
12) 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. LYMO holds a register containing information relating to the Drivers and to the cars that the Drivers use. LYMO must also make the necessary arrangements to guarantee a reliable and high quality service.
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:
- 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.
- 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.
- acts, behaviors, attitudes or negligence of the Driver. Any complaint about the transportation services provided by the Driver must therefore be addressed directly with him. In case of complaint, please however also inform the LYMO support team at firstname.lastname@example.org .
LYMO may suspend, withdraw, interrupt or modify all or part of the Application at any time and without notice in particular for maintenance, technical or legal reasons. You acknowledge that LYMO cannot be held responsible for such suspension, modification or interruption of the Application.
13) Partial Invalidity
14) Applicable Law and Jurisdiction