1. Purpose and acceptance

These General Terms and Conditions govern the relationship between Suich SA (hereinafter: “Suich”) and the private hire vehicle driver (hereinafter: “driver”) for the use of the Suich application, which provides ride dispatching services and connects the driver with persons wishing to be transported from one place to another (hereinafter: “passengers”).

By accessing the Suich application for the first time, and upon each subsequent use, the driver acknowledges accepting these General Terms and Conditions without reservation and being legally bound by them.

Any general terms and conditions of the driver shall only form part of the contract if Suich has expressly accepted them in writing.

2. Account creation and management

Before using the Suich application, the driver must register on the Suich application by entering their personal information fully and accurately and by uploading the required documents. This data must be kept up to date at all times. The driver is prohibited from entering a third party’s personal information.

Driver identification is carried out via the phone number provided at registration. In the event of a change, the driver must immediately inform Suich so that the application can carry out new identification.

The driver is responsible for all activity carried out via their Suich account. The driver undertakes not to disclose their credentials (username and password) to third parties.

Once registration is complete, the driver receives a confirmation email from Suich and their Suich account is activated. Access to the application and to Suich services is only possible from that moment, subject to compliance with all conditions and obligations of these General Terms and Conditions and applicable federal and cantonal legislation.

Use of the Suich application is based on these General Terms and Conditions and on applicable federal and cantonal legislation.

3. Suich services

Suich is a ride dispatching company that operates a technological platform connecting drivers and passengers. It connects the driver with passengers who order a ride on the application and acts as an intermediary between the driver and the passenger through the application. Suich does not provide any transport services. The driver and the passenger enter into a transport contract together.

The driver acknowledges that they are independent and are not employed by Suich. The driver therefore acknowledges that Suich does not operate a transport company.

A ride request placed by the passenger on the Suich application constitutes an offer to enter into a transport contract. The ride request is transmitted to the geographically closest driver, who receives the passenger’s essential personal information (name) as well as the ride information (pickup location, destination, distance and ride price). The driver is free to accept, ignore or refuse a ride request, at their sole discretion. If the driver accepts the request, the driver and the passenger may then contact each other via the Suich application. The transport contract between the driver and the passenger is concluded upon the driver’s acceptance of the offer.

The Suich application is available on major download platforms (App Store, Google Play) and can be used on any mobile device connected to the Internet.

Suich grants the driver a non-exclusive, non-sublicensable and non-transferable license to use the Suich application and its website, in accordance with these General Terms and Conditions and applicable federal and cantonal legislation. This license may be revoked by Suich under the conditions described below (see sections 7.4 and 11).

Suich owns and retains all property and intellectual property rights (copyright, etc.) in the Suich application and its software. The driver is not authorized to copy, modify, decompile or distribute the software.

The availability of the Suich application is not guaranteed on an uninterrupted basis. Suich nevertheless endeavors to ensure optimal service and availability and to resolve any incident quickly, while reserving the right to temporarily suspend the service without prior notice.

Access to the Suich application requires the use of the credentials created during registration, which must remain confidential. The driver is prohibited from communicating them to third parties and/or allowing them to access the Suich application. Any unauthorized use must be reported immediately to Suich.

Suich may make improvements to the application’s functionalities, including patches, bug fixes, updates, upgrades and other modifications, which may modify or remove certain features of the Suich application.

By accepting these General Terms and Conditions, the driver acknowledges that Suich has no obligation to provide updates, to maintain certain features or to enable certain features. The driver further agrees that all updates will form an integral part of the Suich application and will be subject to the terms and conditions of these General Terms and Conditions.

Suich is not responsible for Internet access or the technical requirements, configuration and performance of the mobile device used by the driver. The driver is solely responsible for these elements and must ensure, at their own expense, that the Suich application and software are up to date.

4. Payment and invoicing

The ride price (VAT included) is set before the start of the ride. The fare applied by Suich was chosen after consultation with the driver associations Alliance VTC Genève and VTC-Genève, based on criteria related to ride time and mileage. The price is visible to the driver as soon as the ride request is received. In the event of high demand, a surcharge may apply. In the event of unforeseen circumstances (traffic jams, etc.), the price is adjusted at the end of the trip.

The passenger pays the ride price by bank card (credit or debit) registered in the Suich application.

Card payments (credit or debit) are processed via the “Stripe” payment platform. The ride price is paid by Stripe directly to the driver into the bank account designated by the driver during registration on the Suich application, minus the commission charged by Suich. The passenger immediately receives a payment confirmation in the driver’s name by email and in the application.

The passenger may tip the driver via the Suich application or in cash. No commission shall be charged to the driver on tips.

The commission charged by Suich is 23% of the ride price. No VAT is charged by Suich in addition to this commission.

Suich reserves the right to change the commission rate at any time. In the event of a change, the driver will be informed of the new rate applied.

A personal dashboard in the application allows the driver to view their earnings and ride history at any time.

The passenger may cancel a ride free of charge within five minutes following the driver’s acceptance of the ride. After this time, if the passenger cancels a ride, does not start the ride or does not show up at the pickup location, cancellation fees will be charged by Suich. The Stripe payment platform will debit the passenger’s registered credit or debit card and credit the cancellation fees to the driver, minus the commission charged by Suich.

Suich is not the driver’s employer and does not guarantee working time or a minimum wage. The driver is independent and is responsible for paying their own taxes and VAT-related costs relating to their services, as well as any social security contributions.

Suich may, at its sole discretion, issue discount codes or other benefits. Such discounts and/or benefits shall be fully covered by Suich and the driver shall always receive the full ride price.

5. Driver obligations and conduct

The driver must hold a professional driving licence B121 and the necessary authorizations to operate as a private hire driver (VTC professional card or other authorization). These documents must be uploaded to the Suich application upon registration.

A driver who wishes to be assigned rides from and to Geneva Airport must hold an airport access badge. This document must be uploaded to the Suich application upon registration. All airport-related costs (parking, etc.) are borne by the driver.

The driver undertakes to comply with applicable cantonal and federal legislation, in particular regarding conduct towards passengers, use of public space, road traffic rules and working and rest time.

Use of the application must remain lawful. In particular, it is prohibited to transport dangerous or illicit goods.

The driver undertakes not to cause nuisance, inconvenience or material damage to passengers or third parties and not to endanger them.

The driver may only accept transport requests to the extent authorized by applicable federal and cantonal legislation. Any sanctions or fines are borne exclusively by the driver.

Once a ride has been accepted, the driver undertakes to properly perform the ride. The driver must pick up the passenger at the specified time and place and transport them to the desired destination by following the route proposed by the Suich application (Google Maps navigation) or a route of their choice (other navigation applications).

If the driver is unable to perform a ride they have accepted, they must cancel the ride immediately via the application.

The driver agrees that their last name and first name will be communicated to passengers after a ride is accepted, as well as the license plate number, the vehicle make and model.

The driver is free to accept or refuse rides. The driver has full freedom over their driving schedule, subject to applicable legislation on working and rest time. Any refusals or cancellations of rides, complaints or low ratings do not affect ride allocation.

The driver is free to develop their own client base and to provide their contact details and/or business cards to passengers.

6. Vehicle

The driver must have a vehicle equipped with the necessary facilities for the professional transport of persons and compliant with the requirements of applicable federal and cantonal legislation, in particular regarding cleanliness and CO₂ emissions.

The vehicle must be fully insured and the commercial transport of passengers must be authorized by the insurance company.

The driver must assign their vehicle to one or more categories (Suich, Comfort, Sedan and Van).

All costs related to the vehicle (including fuel, insurance, maintenance, repairs, cleaning, taxes and other costs) are borne exclusively by the driver.

7. Rating and review system

Drivers and passengers may rate each ride using a three-star system and leave a comment, in order to ensure service quality and safety.

Suich ensures transparency regarding the evaluation criteria and enables the driver and the passenger to be aware of the ratings and comments left about them.

A driver or a passenger who gives a “one-star” rating to a ride may choose not to be matched with the other in the future.

Ratings must be given in good faith.

Suich reserves the right to delete any review or comment deemed inappropriate or false, on its own initiative or upon report. No right to deletion or modification is guaranteed.

Comments and ratings may be displayed on profiles and used by Suich for communication or marketing purposes.

Comments and ratings are not a disciplinary tool and have no impact on ride allocation. No minimum rating is required.

8. Complaint handling

Suich ensures the greatest possible transparency in handling complaints.

In the event of a complaint from a passenger, Suich will notify the driver concerned, give them access to the content of the complaint and give them the opportunity to respond to it. The driver may continue their activity during the processing of the complaint.

Any complaints have no connection with ride allocation.

In the event of repeated complaints by several passengers, Suich reserves the right to exclude the driver concerned from the application.

9. Third-party services

Suich may display, contain or provide content from third parties (such as data, information, applications and/or other services and products), as well as links to websites or external services. Such content and services are provided solely for the driver’s convenience, and the driver uses them at their own risk.

Suich disclaims all liability for third-party content and services, in particular as to their accuracy, authenticity and completeness.

10. Privacy policy

Suich collects, stores, processes and shares your personal data in accordance with the privacy policy, available at ____. By accepting these General Terms and Conditions, you also consent to Suich’s privacy policy.

11. Liability

Suich does not guarantee the proper functioning of the application, nor the absence of losses or damages linked to its use. In particular, Suich does not guarantee that:

• access to the Suich application will be continuous or error-free;

• the information and content in the Suich application will be accurate;

• the Suich application, its servers, its content or emails sent by or on behalf of Suich will be free of viruses, Trojan horses, malware or other harmful elements.

The driver assumes full responsibility for any damage or costs resulting from accidents and for any liability claims by passengers or third parties. The driver indemnifies Suich for any costs incurred in this respect. The driver fully releases Suich from any liability towards passengers and third parties.

In the event the driver breaches applicable cantonal and federal legislation or these General Terms and Conditions, the driver releases Suich from any liability toward third parties, in particular passengers. The driver is also required to indemnify Suich for any damage caused.

The driver must inform Suich fully and promptly if third parties, in particular passengers, threaten to assert or do assert claims against the driver and/or Suich.

The driver bears all risks related to use of the Suich application, to the extent permitted by law.

To the extent permitted by law, Suich disclaims all liability for any damage or loss that drivers may suffer due to or in connection with the use of the Suich application.

12. Term and termination

The contract between Suich and the driver ends automatically if the driver no longer meets one of the requirements set out in these General Terms and Conditions.

Suich reserves the right to terminate the contractual relationship with a driver and to exclude them from the Suich application in the event of repeated complaints by several passengers.

The driver may terminate the contract at any time by notifying the Suich application.

Account deletion (Driver)
The driver may request deletion of their Suich account at any time via the application by following these steps: Profile → Personal information → Delete account → Confirm deletion. Once the deletion is confirmed, the account will be deactivated and access to the Suich application services will no longer be possible, subject to any legal or contractual obligations that may require Suich to retain certain data for a limited period.

Suich does not tolerate any conduct contrary to these General Terms and Conditions and applicable cantonal and federal legislation.

13. Validity of clauses

If one or more clauses of these General Terms and Conditions are or become, in whole or in part, invalid, the validity of the other provisions shall not be affected.

If an invalid clause contains a valid part, that part remains applicable. The parties then undertake to replace the invalid provision with a valid clause that best approximates the original economic objective. This principle also applies in the event of a gap in these General Terms and Conditions or in any individual agreement.

14. Amendments to these General Terms and Conditions

Suich reserves the right to amend these General Terms and Conditions at any time and to make the new provisions applicable to existing contractual relationships.

15. Place of performance, jurisdiction and applicable law

The place of performance and jurisdiction are at Suich’s registered office.

Swiss law applies, to the exclusion of private international law.

Contact

Suich SA
Cours des Bastions 13
1205 Geneva
contact@suich.ch