Terms & Conditions - Rider

1) Scope1

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)”, the “Rider(s)” or “you”) to connect with and order transportation services from third party transportation service providers duly registered with LYMO (hereinafter “the Drivers”).

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 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.

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 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.

2) Conditions of Use

(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.

All communications and notifications made in accordance with these Terms of Use will be made in writing and sent to the e-mail address indicated by you when opening the Client Account.

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. In the absence of accurate, complete and up-to-date information, including if an invalid or expired payment method has been indicated, you may no longer be able to access the service and LYMO reserves its right to terminate this contract with you. You further undertake not to compromise the proper functioning of the network, not to disturb the Application or related services in any way 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

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 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 and Ordering a Ride

(i) Ordering a ride

When the Application is activated, your geo-location information will be available and you will need to enter the address of your destination. If you have turned off your GPS 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, a vehicle with a child seat or a vehicle equipped for the transport of disabled persons. You will select your ride either on the basis of the cheapest price or the 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, 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. These cars can be Taxis and/or VTCs.

On this basis, your screen will display a list of vehicles including Taxis and VTCs, showing for each vehicle the model, the year, the color, the average rating of the Driver, 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.

If you wish to have a greater choice of cars, you can click on “See all” and your screen will display a longer list of available vehicles.

You can order the vehicle 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 the Driver has accepted the ride. You will receive a confirmation of your ride and see on your screen that your "driver is on the way".

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 name and photograph of the Driver and the registration number of the vehicle. You can contact the Driver by phone, SMS or chat. The Driver 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.

The Application will inform you when your Driver has arrived at your pick-up location.

(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 "car on the 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 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 before the ordered vehicle within 10 minutes after the Driver has informed him of his arrival at the pick-up point. 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.

(iii) 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.

(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.

(v) Receipt for waiting/cancellation fees

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

(vi) 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. This will allow LYMO to offer suggestions to Drivers in order to improve the quality of their services.

LYMO also expects Clients to act in good faith and with respect towards the transportation service providers contacted via the Application and the Drivers may also rate their Clients. This bilateral rating system promotes respect on the LYMO platform.

To continue using the LYMO Application, a Client must maintain an average rating above the acceptable minimum rating determined by LYMO which it may change at its discretion. If the Client’s average rating falls below such acceptable minimum, LYMO may grant the Client a short period of time to redress it. If the Client does not do so, LYMO reserves its right to terminate this contract. 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 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, 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 in particular the category of the vehicle, standard or premium, its type Taxi or VTC, the estimated distance (per km) of the ride, the ride time and the LYMO 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 (traffic waiting time, final distance) and the LYMO 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 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 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 waiting fee at pick-up, if you change your 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 which will appear on the receipt notified to you by LYMO. 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, please inform the LYMO support team at hello@lymo.com. If the circumstances so justify, LYMO may decide to refund the amount of the disputed toll price by crediting the Client’s registered credit card.

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 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 payments is made via the Application, LYMO receives such payment on behalf of the Driver. Such payment is equivalent to a payment made directly by you to the Driver. The Costs that you pay are final and not subject to reimbursement.

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

You agree that we may verify and authorize your banking/credit card when you first register upon opening a Client Account as well as when you use the transportation services.

As a guarantee, you accept that when you order a ride, we will issue 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. To continue using the services you will need to provide new and valid payment card details.

If you have selected the cash payment method and the payment is not made at the end of the ride, you expressly authorize LYMO to debit the credit card registered by default on your account for all unpaid Costs. LYMO shall not be responsible for any cash payment issues between the Client and the Driver such as for example lack of adequate change.

In the event of non-payment of the Costs, in whole or in part, LYMO may at its discretion suspend or deactivate your Client Account. Unpaid Costs will remain due including late payment interest at the legal rate.

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 and may not be cumulated. 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

By opening a Client Account or using the Application through a Family, Business or Group profile, you agree that LYMO may send you, either 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.

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 the transport companies with which it works and to the cars that the Drivers and the transportation companies 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 and this, 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.

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.

Updated on 18 November 2019