Terms & Conditions - Driver

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 17 rue de la Croix-d’Or, 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 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)").

LYMO reserves its right to modify these Terms of Use or to add new provisions. Such modifications or additional provisions will enter into force when posted on the Application and can be consulted under the "Lymo Info & Help" section. A substantial change to the Terms of Use may also be communicated to Drivers through an e-mail or SMS to the e-mail address respectively the mobile phone number indicated when opening the Driver Account. Your continued use of the Application after the changes have been posted or notified will constitute your acceptance of such changes.

2) Use of the Application

(i) Eligibility

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:

  • be the holder of a valid driver license and this for the past three years
  • be the holder of a professional driver card/authorization for the transport of passengers
  • not have been the object, in the 5 years prior to receiving your professional driver card/authorization, of a criminal conviction or an administrative decision incompatible with the activity of passenger driver

You must also:

  • not have been excluded or terminated by another ride dispatcher
  • have all the necessary car and liability insurances
  • have at least 6 months experience as a professional Taxi or VTC driver
  • pass a personal interview with LYMO and provide a certain number of required documents

(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. The Driver endeavors to carry out as many rides as possible and 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 at any time, at its discretion, suspend a Driver’s access to the Application for a maximum duration of 24 hours if the Driver frequently declines rides, does not respond to requests for rides or is late. LYMO may also at any time and at its discretion suspend or terminate the present contract or cancel a bonus, discount or other promotion granted to a Driver in particular in case of fraud, illegal behavior, highly inappropriate behavior or for any other violation of these Terms of Use.

3) Data Protection

LYMO collects personal data from the Driver when a Driver Account is opened and when the Application is in use. The manner in which LYMO processes such personal data is described in the Privacy Policy available under "Lymo Info & Help” .The Privacy Policy forms an integral part of these Terms of Use.

4) Using the LYMO Platform

(i) Fare levels

LYMO has laid down 10 fare levels which will be presented to you when you register with us. The details of the fares (pick-up fee, price per kilometer, waiting time fee and minimum price) can also be consulted on the Application.

When the Application is activated, it will show the average fare level of the other LYMO Drivers near you in an equivalent vehicle category.

Based on this information, you may choose your own fare level but the Application will not allow you to go more than 2 levels above or 2 levels below the average level of the other drivers.

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.

LYMO further reserves its right in exceptional circumstances and temporarily, in particular for technical reasons, to intervene manually of the average fare level if necessary for the functionality of the Application.

(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. The Client’s screen will show a list of cars, including yours, comprising Taxis and VTCs and showing 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 and the estimation of the price of the ride in the form of a price range.

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 and the estimated time to reach it. You will have 15 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 name, photograph if there is one and pick-up location of the Client. You can contact the Client by telephone, SMS or chat without however having access to their number. The Client can do the same with you. Telecommunications transmitted through the Application such as chat or comments do not incur any costs. Telecommunication transmitted through a telephone network such as calls or SMS generate costs at the expense of the issuer.

You will inform the Client of your arrival at the pick-up location through the Application.

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 10 minutes after the Driver has informed him 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 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 will be displayed on your Application.

(vi) Receipt for waiting/cancellation fees

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.

(vii) Ratings

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 and leaving comments. 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.

To continue using the LYMO Application, each Driver must maintain an average rating above the acceptable minimum rating determined by LYMO which it may change at its discretion. If the Driver’s average rating falls below such acceptable minimum, LYMO may grant him a short period of time to redress it. If the Driver does not do so, LYMO reserves its right, in order to comply with its legal obligations, to terminate this contract or to not renew it after the end of a given week.

LYMO reserves its right to use and share the Driver ratings in relation to the services without prior authorization from the Driver. LYMO also reserves its right to delete any comment that is offensive, obscene, inappropriate or which contain personal information in violation of applicable laws.

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 category of the vehicle, standard or premium, its type Taxi or VTC, waiting time in traffic, the estimated distance of the ride 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 (traffic waiting time, final distance) and the LYMO fare level applied by the Driver.

For Taxi rides, a 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, if the Client changes his destination or, for VTCs, if there are toll charges which are fees/taxes levied for the access to certain roads including bridges or tunnels.

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 paid 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. In the event of a dispute regarding toll charges or if the Driver does not download the receipt issued by the toll service, LYMO reserves its right to decide on the matter and, as the case may be, refund the disputed toll charges to the Client. Such amount shall be deducted from the amounts paid to the Driver by LYMO on the basis of Article 7 below.

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.

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 can manually enter the payment by card option on the Application and the default payment card will be debited of the Costs.

If a Client has chosen to pay in cash and he fails to do so and, for a reason beyond LYMO’s control the Client’s credit/banking card cannot be debited for the full or partial amount due, then the Driver will need to find a solution with the Client and, as the case may be, take the necessary actions against him (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 pay to your bank account the amounts received on your behalf for the rides from which will be deducted:

  • CHF 5 per ride on the first 7 rides of each week, i.e. CHF 35 (this amount and the number of rides charged is 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
  • any other amount due to LYMO

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

8) Ambassador and Top Driver Programs

If you fulfill the conditions, you will have the possibility of becoming a LYMO Ambassador which will allow you to receive a bonus payment for every Driver that you have sponsored and who has registered with LYMO and actively driven for at least 4 weeks. You may also win free rides for a week i.e. rides from which the CHF 5 for the first 7 weekly rides will not be deducted at all.

The details and conditions of the Ambassador status can be consulted on the Application.

Furthermore, each week LYMO will designate its Top Drivers based on the number of rides received, accepted and completed, the number of refusals, cancellations or suspensions and the ratings from the Clients. The Top Drivers can benefit from advantages such as for example ranking higher on the list of Drivers given priority for rides, receiving a “Top Driver” badge visible to the Clients on their screens, receiving promotions, bonuses or discounts on the amounts due to LYMO (CHF 5 for the first 5 rides i.e. CHF 25 per week instead of CHF 35).

The details and conditions of the Top Driver status can be consulted on the Application.

LYMO expressly reserves its right to suspend, modify or cease its Ambassador or Top Driver Programs for technical, legal or commercial/business reasons. To the extent possible, the Drivers will be informed as soon as possible. You acknowledge that LYMO may not be held liable for such suspensions, modifications or cessations.

9) Bonuses, discounts, sponsorship or recruitment coupons and other promotions

LYMO may from time to time at its discretion grant Drivers bonuses, 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 bonuses, discounts, coupons, codes and other promotions are valid for 30 days and may not be cumulated. LYMO expressly reserves its right to suspend, modify or cease any bonus, discount, coupon, code or promotion granted to a Driver without prior notice for technical, legal, commercial/business reasons or because of behavior on the part of the Driver that LYMO considers inappropriate/damageable. You recognize that LYMO may not be held liable for such suspensions, modifications or cessations.

10) Notifications

By opening a Driver Account you agree that LYMO may send you by SMS 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.

11) 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.

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:

  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 with him. In case of complaint, please however also inform the LYMO support team at hello@lymo.com.

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

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

14) 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.

Updated on 25 July 2019