Terms and Conditions

  • Driver
  • Rider

Last update: [01.08.2021]

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 Signature Fusterie, Place de la Fusterie 12, 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 a direct relationship 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.

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 other authorization allowing you to professionally exercise the activity of Taxi or VTC driver in accordance with the applicable legislation. When you register on the platform, LYMO will ask you to provide all the documents that are requested by local laws and regulations for the professional drivers as these documents differ from one place to another.

(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, scan of 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 social security number and the evidence of your independence (or proof of pending request).

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 of all 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 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.

The e-mail address that you provided during 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 Clients since 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 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.

LYMO may at 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 Drivers only 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 actual ride 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 enable the 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

  • Rate choice

LYMO has laid down 10 fixed rate 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 rides matched via LYMO in your area and your car class. 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.

  • 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 class is 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.

  • Ride request

If your car is available and meets the criteria of a Client, your car will be shown to him in the list of available cars. The Client’s screen will first display two 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” 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 rate level 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 distance to 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 20 km 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 1.- (CHF/EUR)  per minute and this charge will appear in the “Extra” field of the ride request screen.

If the destination of a Client is abroad, the Application will indicate the country of destination.

If the pick-up location is an Airport, the Application will increase the pick-up price based on the airport access regulations; 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, photograph if there is one, the payment method and pick-up location of the Client. You can contact the Client by telephone or message. 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 a maximum of 1.- (CHF/EUR) . 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 Application of 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 that no 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/EUR) 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 rate level applied by the Driver for the initial ride will be displayed and the Client will have to accept it. Once the Client has 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 Client via 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 Lymo at 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 range displayed 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. 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 actual 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, 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 and this will appear on the receipt notified to the Client by the Driver via the 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 Client via the Driver’s e-mail (see paragraph 2)ii)) without delay and can 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.

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 a pre-authorization hold against the Client’s credit/banking card for the amount of the upper limit of the price range estimation 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 20.- (CHF/EUR) . 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:

% 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 highest Percentage of “Perfect Rides” will rank higher on the lists shown to the Clients only 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 any and all local laws, ordinances and regulations.

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:

(i) 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.

(ii) 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.

(iii) acts, behaviors, attitudes or negligence of the Driver. Any complaint about the transportation services provided by the Driver must therefore be addressed directly to him through the Application and the Driver will be responsible of 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 ordinary courts of Geneva, Switzerland. The appeal to the Swiss Supreme Court is reserved.

Last update: [01.08.2021]

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 registered office at Signature Fusterie, Place de la Fusterie 12, 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)”). Subject to local legislation, only Taxis could be 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 upload 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 and on the Website www.lymo.com

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 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.

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:

(i) 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.

(ii) 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.

(iii) 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,…).

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 ordinary courts of Geneva, Switzerland. The appeal to the Swiss Supreme Court is reserved.