Terms & Conditions - Rider

Last update: [11.05.2020]

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 matchmaking platform that allows third party transportation service providers duly registered with LYMO (hereinafter “the Drivers”) to offer their rides to persons seeking transportation services (hereinafter the “Client(s)”, the “Rider(s)” or “you”); the latter can send their ride requests directly to the Drivers via the LYMO platform.

By using the Application and its related services, you are informed and acknowledge that LYMO puts Drivers and Clients in contact 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 will put you in contact with taxi cars (hereinafter "the Taxi (s)"), whose license authorizes a more extensive use of the public domain, and professional car drivers (“voiture de transport avec chauffeur”, hereinafter the “VTC(s)"). Only Taxis are allowed to use the public transport lanes and restricted areas or streets.

These Terms of Use can be consulted any time under the “Info & Help” section of the Application or under the website www.lymo.com. Any modification of the Terms of Use will be communicated in a clear way to you. Such modifications will enter into force when posted on the Application. A substantial change to the Terms of Use may also be communicated to Clients through an e-mail or SMS to the e-mail address respectively the mobile phone number indicated when opening the Client Account. Your continued use of the Application after the changes have been posted or notified will constitute your acceptance of such changes.

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

2) Conditions of Use of the Application

(i) Eligibility

You must be at least 18 years of age and have the capacity to enter into a legally enforceable contract under applicable law to open a LYMO account. Persons under the age of 18 may access and use the LYMO service only through the account of their legal representative and under the sole responsibility of the latter. If you are the legal representative of a minor who uses the LYMO platform through your account, you acknowledge that you are responsible for the actions or omissions of that person.

(ii) Client Account

The use of the Application is free and requires the downloading of the software and opening of a user account (hereinafter the "Client Account") for which you must submit personal data such as your name, surname, e-mail address, phone number, date of birth, credit card information and any other information required.

You may also download a portrait photo of yourself to facilitate your pick-up by the Driver.

(iii) Client Conduct

The Client certifies that all registration information provided to LYMO is accurate and agrees to maintain and update such information in a timely manner. LYMO is not liable for erroneous payment information that a Client may have registered.

You further undertake not to compromise the proper functioning of the network, to have a loyal and honest behaviour, not to disturb the Application or related services in any way, not to seek an undue advantage and to send to LYMO, upon simple request by e-mail, proof of your identity. LYMO may at any time terminate this contract or suspend the services including in case of violation of these Terms of Use.

3) Data Protection Policy

LYMO collects personal data from the Client when a Client Account is opened and when the Application is in use.

The manner in which LYMO processes such personal data collected during the use of the Application, the creation of a Client Account or in any other way is described in the Privacy Policy available under the "Lymo Info & Help” section of the Application.

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

4) Using the LYMO Platform and Ordering a Ride

(i) Ordering a ride

When the Application is activated, your geolocation information will be accessible and you will need to enter the address of your destination.

If you have turned off your geolocation feature, or if you do not want to be picked up at your current location as indicated on your GPS, then you will need to enter your pick-up address in addition to your destination address.

You can then select options for your ride such as a van (larger size vehicle allowing the transportation of 6 people), a vehicle with a child seat or a vehicle equipped for the transport of disabled persons. You will then indicate your preference (lowest price or fastest ride) and the application will display two cars, one standard and one premium (luxury/premium vehicle) in accordance with your request and showing for each vehicle the model, the year, the color, the average rating of the Driver, whether the vehicle is electric, the estimated time of arrival of the vehicle to your pick-up location or the estimated time to your destination (if such display is selected), and the estimated price of the ride in the form of a price range.

In addition to these elements, you will see for each option the Driver’s Percentage of perfect rides; this percentage shows you how much the Driver accepts rides and completes them with quality. The percentage will be displayed in green if it is above the average percentage of the other Drivers or in white if it is below. These cars can be Taxis and/or VTCs. If you wish to have a greater choice of cars, you can click on “Other choices” and your screen will display a longer list of available vehicles.

You can order the ride option of your choice by clicking on it.

The contract for the transportation service is concluded between yourself and the Driver when you have clicked on the vehicle of your choice and when the Driver has accepted the ride. The Driver will confirm the ride and you will see on your screen the information coming from his account stating “I’m on my way”. From this moment onwards, you are in direct contact with the Driver.

If your chosen vehicle is no longer available, you may select another vehicle from the list by clicking on it.

As soon as your Driver is on his way to you, your screen will show the first name, the professional driver’s number, photograph of the Driver and the plate license number of the vehicle. You can contact the Driver by telephone or SMS at any time. The Driver can do the same with you. Telecommunications transmitted through a telephone network such as calls or SMS’ generate costs at the expense of the issuer.

The Driver will inform you via the Application of his arrival at your pick-up location.

Once the ride has started, the Driver will send you via the Application a notification informing you about it. From that moment onwards, following information will be available to the Client: the first and last name of the Driver, his phone number and his professional driver’s number.

From the moment when the Driver makes his way to the pick-up location until the end of the ride and its billing, you are in direct contact with the Driver with no intervention from Lymo.

(ii) Order cancellation/cancellation fees

The Client may cancel an order at any time before the start of the ride by clicking on the "Cancel Ride" button visible at the bottom of the screen.

Any cancellation of an order more than 1 minute after it has been accepted by the Driver (display of "I’m on my way") 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 location compared to the time initially estimated by the Application, then there will be no cancellation fee.

Please note that if you do not present yourself at the pick-up location within 8 minutes after the Driver has arrived, he will have the right to cancel your ride for a cancellation fee equivalent to the minimum ride price for this ride.

(iii) Driver waiting fees

When the Client doesn’t present himself in front of the car in the 3 minutes following the Driver’s arrival, a waiting time fee will begin to be applied and will be added to the price of the ride. The Client will systematically be informed thereof through the Application.

(iv) Modification of the contract/price adaptation

A Client may change the destination of his ride at any time during the ride through the Application. A new price range calculated at the same fare level applied by the Driver as the initial range will be displayed which the Client will have to accept. Following this acceptation, the Driver will receive the new ride destination request as well as the new price range and will have the choice to accept it or to refuse it. In the case where he accepts it, a new contract enters in force between the Client and the Driver based on the new ride details. If the Driver refuses the new destination, you can by oral agreement with the Driver either choose to be dropped-off at the initial destination, at another one (that will have to be confirmed through the same process via the Application) or terminate the ride.

(v) Receipt for waiting/cancellation fees

A receipt for any applicable cancellation fees will be notified to you by e-mail from the Driver’s account as soon as possible and can also be consulted through of the Application.

(vi) Ratings

LYMO is committed to offer a completely transparent platform. To this effect, at the end of each ride, if the Driver authorizes it, the Client will have the possibility to rate his Driver on a scale of 1 to 5.

The Drivers may also rate their Clients. Your rate is visible at any time next to your name in the main menu of the Application. If he wishes, a Driver can decide via the Application to offer his rides only to Clients whose rating exceeds a certain level.

(vii) Complaints

In the event of a complaint regarding a ride, its billing or the provided transportation service, the Drivers and their Clients have the possibility to get in direct touch with each other via email or telephone (call or sms) in order to find an amicable solution (refunding via the Application, excuses, etc.) or in case it is necessary, to take further measures (legal complaint, etc.).

5) Price of Taxis and VTCs

Depending on the options chosen for your ride, your location and the availability of cars, you will have the choice between Taxis and/or VTCs with amongst others, as mentioned above, the indication for each vehicle of a price range for the ride with a minimum price and a maximum price.

The displayed price range is estimated by LYMO for each ride taking into account the estimated distance (per km) of the ride, the ride time and the fare level applied by the Driver within the limits of the applicable law.

The Application will determine the "actual calculated price of the ride" based on actual ride data (final distance, ride time) and the fare level applied by the Driver.

For the VTC rides, the final price (based on the actual calculated price of the ride) that you will be charged will not exceed the maximum price of the initial price range, which is a guaranteed price.

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 (LTVTC).

For the Taxis, the final price that you will be charged 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.

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 paid and which will appear on the receipt notified to you by the Driver. The Driver will also download on the Application a picture of the receipt issued by the toll service which you can consult. In the event of a dispute with the Driver regarding toll charges or if the Driver does not download the receipt issued by the toll service, you can contact the Driver directly via his contact details you will find on his ride invoice and find an amicable solution with him or if necessary, take further measures against him (legal complaint, etc.).

There will be no extra charge for luggage.

6) Payment of the Transportation Services

"Costs" are defined as: the price of the transportation services ordered by the Client through the Application including applicable taxes, waiting fees, cancellation fees and toll charges. The Client agrees to pay Costs either:

• via the banking/credit card (s) registered on the Client Account

• directly to the Driver in cash

When a card payment is made via the Application, LYMO receives such payment on behalf of the Driver and transfers the money over to him.

A receipt will be sent to you by e-mail directly from the Driver ¬as soon as possible and can also be consulted on the Application.

You agree that we may verify and authorize your banking/credit card on behalf of the Driver when you first register upon opening a Client Account as well as when you wish to order a transportation service from a Driver.

As a guarantee, you accept that when you order a ride, we will issue on behalf of your Driver a pre-authorization hold against the banking/credit card selected as the payment method for the amount of the upper limit of the price range estimation given for the ride. Such card will however only be debited of the final Costs at the end of the ride.

If the pre-authorization hold fails, the ordered ride will be cancelled.

If you have selected the cash payment method and the payment is not made at the end of the ride, the Driver will have to find a solution with you, or if you have already left the car, you will both be able to get in touch with each other through the Application that will allow you to communicate directly with each other electronically (via e-mail) or over the phone. LYMO shall not be responsible for any cash payment issues between the Client and the Driver such as for example lack of adequate change.

7) Discounts, bonuses and other promotions

LYMO may from time to time and at its discretion grant discounts, bonuses or promotions to its Clients through coupons, codes or other means. Unless indicated otherwise, the coupons, codes and other discounts are valid for 30 days, may not be cumulated and are solely financed by LYMO for promotional purposes (the Drivers do not contribute). LYMO expressly reserves its right to suspend, modify or cease any discount, bonus or promotion without prior notice for technical, legal or commercial/business reasons. You recognize that LYMO will not be liable for such suspensions, modifications or cessations.

8) Notifications / Communications

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

9) 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 Clients.

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 Client could face prosecution, including but not limited to an action for infringement, in addition to the termination of the contract.

10) 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 maintains 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 fulfil 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, behaviours, attitudes or negligence of the Driver. Any complaint must therefore be addressed directly to him electronically (via e-mail) or telephone and the Client has to take any necessary measures himself (amicable solution, legal complaint,…).
  4. LYMO may suspend, withdraw, interrupt or modify all or part of the Application at any time and without notice and this, in particular for maintenance, technical or legal reasons. The Application will inform you thereof via a notification. You acknowledge that LYMO cannot be held responsible for such suspension, modification or interruption of the Application.

11) Partial Invalidity

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

12) 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.