1. Purpose and acceptance

These General Terms and Conditions govern the relationship between Suich SA (hereinafter: “Suich”) and the passenger who wishes to be transported from one place to another by a driver (hereinafter: “passenger”) when using the Suich application, which provides ride dispatching services.

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

2. Account creation and management

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

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

If the personal information provided is not, or is no longer, correct, complete and up to date, or if the registered credit or debit card is invalid or expired, the passenger may not have, or may no longer have, access to Suich services.

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

Once registration is complete, the passenger 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 passenger acknowledges that Suich does not operate a transport company and that all rides are carried out by independent drivers who are not employed by Suich.

A ride request placed by the passenger on the Suich application constitutes an offer to enter into a transport contract. When ordering a ride, the passenger receives information relating to the ride price. 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). If the driver accepts the request, the passenger and the driver can 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 passenger 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 6.3 and 10).

Suich owns and retains all property and intellectual property rights (copyright, etc.) in the Suich application and its software. The passenger 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 passenger 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 passenger acknowledges that Suich has no obligation to provide updates, to maintain certain features or to enable certain features. The passenger 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 passenger. The passenger 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 passenger before the ride is requested. 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.

Toll fees, road taxes and any customs duty for a ride outside Switzerland are borne by the passenger.

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

In the case of card payment, the ride price is payable immediately and is charged via the Stripe payment platform by debiting the registered credit or debit card. If the first registered credit or debit card cannot be charged, any other registered credit or debit cards will be charged. The passenger immediately receives a payment confirmation in the driver’s name by email and can consult it at any time in the Suich application. If a payment cannot be made via the registered credit or debit card, the passenger is required to fully indemnify Suich.

The passenger may tip the driver via the Suich application or in cash.

The passenger can view their rides at any time in the Suich application, including the trip price, the driver and the route.

The passenger may cancel a trip 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 automatically debit the passenger’s registered credit or debit card.

Suich may, at its sole discretion, issue discount codes or other benefits. These may only be used in accordance with the applicable conditions and are neither transferable nor refundable nor exchangeable. Any abusive, illegal or fraudulent use may give rise to reimbursement due to Suich.

5. Passenger obligations and conduct

The passenger undertakes to comply with applicable cantonal and federal legislation as well as these General Terms and Conditions when using the Suich application. Use of the application must remain lawful. In particular, it is prohibited to transport dangerous or illicit goods.

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

The passenger is liable to the driver for any damage or cleaning and repair costs they have caused. In the event such an incident is reported by a driver and after review by Suich, Suich reserves the right to debit the corresponding costs from the passenger’s registered payment method and transfer them to the driver.

Toll fees, road taxes, as well as any customs duty that may apply for a trip outside Switzerland, are exclusively borne by the passenger and are not included in the price of the service or the ride.

The passenger agrees that their last name and first name will be communicated to drivers when rides are assigned.

6. 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 rating criteria and enables the passenger and the driver to be aware of the ratings and comments left about them.

A passenger or driver 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.

7. Complaint handling

Suich ensures the greatest possible transparency in handling complaints.

In the event of a complaint from a driver, Suich will notify the passenger concerned, give them access to the content of the complaint and give them the opportunity to respond to it.

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

8. 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 passenger’s convenience, and the passenger 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.

9. 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.

10. 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.

Suich disclaims all liability in the event of technical interruptions, damage resulting from use of the software, the quality of the services of the Suich application or the quality of drivers’ services.

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

The passenger must inform Suich fully and promptly if third parties, in particular drivers, threaten to assert or do assert claims against Suich.

The passenger uses the Suich application at their own risk.

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

11. Term and termination

The contract between Suich and the passenger ends automatically if the passenger 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 passenger and to exclude them from the Suich application in the event of repeated complaints by several drivers.

Account deletion (Passenger)
The passenger 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.

The passenger may terminate the contract at any time by deleting the Suich application.

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

12. 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.

13. 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.

14. 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