1. general information
YOURTAXI, Unterfeldstrasse 21, 8050 Zurich (hereinafter: "YOURTAXI") enables its customers or passengers to book driving services via a homepage(www.yourtaxi.ch or "Homepage") and mobile application ("App"). The booked driving services are carried out either by drivers of YOURTAXI or by third party providers on behalf of YOURTAXI.
These general terms and conditions (hereinafter also referred to as "GTC") are part of every agreement of the customer concerning the services of YOURTAXI.
2. contractual relationship and conclusion of contract
2 (a). Contractual relationship
The contract for the driving services exists exclusively between YOURTAXI and the customer.
2 (b). Conclusion of contract
The homepage can be used online through electronic devices such as computer, smartphone, tablet, etc. By submitting the completed booking form on www.yourtaxi.ch the customer makes an offer to conclude a contract for driving services at the conditions shown by YOURTAXI on the homepage ("driving request" customers).
YOURTAXI sends the customer a booking confirmation directly on the homepage or the App, depending on the medium used by the customer to make the booking, and by e-mail, whereby the contract between YOURTAXI and the customer is concluded.
3. registration obligation of the customer
The customer assures YOURTAXI that all information which he himself or through another person in his name transmits to YOURTAXI is complete and truthful. Registrations using automated procedures are prohibited.
The data of the customers will only be used for the given purpose and will never be passed on to third parties, unless this is permitted by the rules published by YOURTAXI on its homepage, especially regarding data protection and processing.
4. regulations concerning the booked driving services
4 (a). Price
YOURTAXI works exclusively with fixed prices (per route or hour). This changes only if the destination is changed by the passenger during the trip. If the prices are changed, the client will be informed before the trip. In this case, the payment is based on the specific tariff per kilometer to the destination.
Possible price changes are displayed on the website in the "Price" menu or in the app after selecting the destination under vehicle categories marked with i.
Fixed route or hourly rate
Normally we charge per distance (km):
Budget: Base: CHF 4.00, per km CHF 2.60, per min CHF 0.59.
Minimum charge: CHF 15.00 for immediate orders and CHF 25.00 for advance orders.
Cancellation fee: For immediate order free of charge! / For pre-order depending on cancellation time!*
Service fee: net it is 12% (with social contributions it is about 24%).
VAT amounts to 8.1% for an annual turnover of CHF 100,000.
Luxury: Base: CHF 6.00, per km CHF 4.20, per min CHF 0.79.
Minimum charge: CHF 20.00 for immediate orders and CHF 40.00 for advance orders.
Cancellation fee: For immediate order free of charge! / For pre-order depending on cancellation time!*
Service fee: net it is 12% (with social contributions it is about 24%).
VAT amounts to 8.1% for an annual turnover of CHF 100,000.
Van: Base: CHF 8.00, per km CHF 5.00, per min CHF 0.89.
Minimum charge: CHF 25.00 for immediate orders and CHF 50.00 for advance orders.
Cancellation fee: Free of charge for immediate orders! / For advance orders, depending on the cancellation time!
Service fee: net it is 12% (with social contributions it is about 24%).
VAT amounts to 8.1% for an annual turnover of CHF 100,000.
Alternatively, you can also reserve a driver for 1 to 10 hours. This way you can take care of several transactions on the same day. Here are a few examples:
Budget: 1h incl. 30km CHF 88.-, 4h incl. 125km CHF 310.-, 8h incl. 240km CHF 670.-
Lux: 1h incl. 30 km CHF 120,-, 4h incl. 125 km CHF 395,-, 8h incl. 240 km CHF 775,-
Van: 1h incl. 30km CHF 130.-, 4h incl. 125km CHF 410.-, 8h incl. 240km CHF 850.-
4 (b). Vehicle class | Vehicle model
The customer can choose between different vehicle classes for his or her journey.
The available classes are Budget, Luxury and Van. The available vehicles and models are listed on the homepage(www.yourtaxi.ch).
If no vehicle of the desired class is available, an automatic upgrade to the next higher class will be made, whereby the payment is based on the tariff of the originally selected class.
4 (c). Transport safety
4 (c) 1. luggage, animals
The price in the booking confirmation includes the number of pieces of luggage as indicated in the booking form. If excess or bulky baggage is not correctly declared at the time of booking, appropriate surcharges may be levied. The remuneration owed will then be correspondingly higher than stated in the booking confirmation.
For safety reasons, it is at the driver's discretion to cancel a trip due to excess baggage. The costs of the current fare are owed in full.
Animals must be transported in a suitable box and must be registered on the booking form.
4 (c) 2. carriage of children
If a child is younger than five years old, the customer must bring a suitable child seat. Every YOURTAXI vehicle has a free child seat for children over five years old. You can also contact us to organize a child seat, but we cannot give you a 100% guarantee! If we can organize the child seat, there will be an additional cost of 18 CHF, which you will pay directly to the driver, or you can add 18 CHF as a tip in the app when the driver drives you and before your ride is finished.
4 (c) 3. information on number of passengers and luggage
The maximum number of passengers and luggage indicated on the homepage for a particular vehicle is only an estimate and depends on various factors, such as the size and weight of passengers and luggage. Therefore, this information is not binding. In the budget or luxury class, up to 4 passengers can travel and you can take a maximum of 2 large pieces of luggage. In the van category up to 6 persons can travel and you can take max. 6 large pieces of luggage! Additional large luggage can be charged or refused!
4 (c) 4. denial of carriage
The driver may refuse carriage if mandatory requirements (e.g. resulting from applicable laws) under this clause 4 (c) have not been communicated by the customer or have not been communicated correctly.
4 (d). Delays
YOURTAXI is not liable for delays of YOURTAXI vehicles which are not the fault of the relevant drivers of YOURTAXI or third parties commissioned by YOURTAXI, especially those in connection with exceptional situations such as air traffic controller strikes, extreme weather conditions etc. In these cases, longer waiting times as well as short-term cancellations must be accepted by the customer without compensation.
4 (e). Cancellations and trips not taken
4 (e) 1st cancellation
YOURTAXI offers two types of bookings: Immediate and advance bookings. In case of immediate order, the passenger can cancel the current trip free of charge. Pre-order can be cancelled free of charge up to 40 minutes before the pick-up time. If a customer cancels within 40 minutes before the pick-up time, half of the fare will be charged. If a customer cancels their pre-order after the scheduled pick-up time or does not show up after the driver has waited 15 minutes for pick-up, they will be charged the full fare. If the driver does not show up, no charge will apply.
4 (e) 2. trips not taken
In the event of a journey not commenced without timely cancellation, the customer's claim to carriage against YOURTAXI is cancelled, but not the claim to remuneration of YOURTAXI against the customer.
In any case, the journey shall be deemed not to have commenced if the customer does not appear at the agreed pick-up point within 5 minutes of the desired pick-up time (including a 10-minute waiting period at the airport) or if the customer informs the driver before the start of the journey at the pick-up point that he does not wish to commence the journey.
4 (f). Behaviour in the vehicle
For the use of driving services of YOURTAXI the following mandatory rules of conduct apply for the passenger:
Throughout the entire journey, all passengers are subject to the applicable regulations governing road traffic, in particular the obligation to wear seat belts. The driver's instructions must always be followed, especially when safety precautions and regulations are involved. The driver is responsible for the safe execution of the journey. Passengers are therefore prohibited in particular from opening the doors during the journey, throwing objects out of the vehicle and/or letting body parts protrude from the vehicle or shouting out of the vehicle. If the passenger wishes to operate any equipment or systems in the vehicle himself or herself, prior instruction by the service provider is required.
Smoking is generally prohibited in the passenger compartment of the vehicles (unless the driver gives permission in specific individual cases). If the customer or a passenger ignores this, the customer shall bear the costs of vehicle cleaning and the resulting loss of use. The same applies if a passenger vomits or causes other damage to the vehicle, especially if this makes it impossible to continue the journey directly.
Bringing food is undesirable. Alcoholic beverages may only be brought and consumed in the vehicle after prior consultation.
Under no circumstances may passengers exchange their contact details with the driver or offer the driver private trips that are not booked and invoiced through YOURTAXI.
If a passenger vomits in the vehicle, a fee of CHF 500 is charged by the customer for cleaning the vehicle and as compensation.
5. payment
5 (a). Principles
In the booking confirmation the claim for remuneration of YOURTAXI is bindingly stated. Essential factors for determining its amount are: the selected vehicle class, the booked route, the pre-booked time, as well as the pick-up time and, if applicable, the location.
5 (b). Terms of payment
The customer can pay for his or her trip electronically using credit cards such as Visa, Mastercard etc. or in cash.
6. liability
6. 1. principles
YOURTAXI is only liable for damage caused by YOURTAXI through intent or gross negligence (but not for slight negligence).
In the case of damages caused by simple negligence YOURTAXI is only liable in the event of a breach of a fundamental contractual obligation and only for foreseeable and typical damages. Material contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely. Limitations of liability do not apply to injuries to life, body and health or to claims arising from the Product Liability Act.
6. 2. contents of YOURTAXI tools
YOURTAXI is neither liable for the correctness, reliability, completeness and topicality of the contents and programs provided free of charge, which are distributed within the framework of the YOURTAXI tools, in particular via the homepage, nor for damages arising from them, except in so far as such damages were caused by YOURTAXI deliberately or through gross negligence. This applies to all types of damage, in particular damage caused by errors, delays or interruptions in transmission, faults in technical equipment and services, incorrect content, omissions, loss or deletion of data, viruses or in any other way in the use of this online offer. Furthermore YOURTAXI is not liable for the availability and functionality of the offered functions.
6. 3. third party websites
YOURTAXI assumes no responsibility for the content, accuracy, legality and functionality of third party internet sites to which reference is made via links. Page impressions via links are made at your own risk.
6. 4. accuracy of transmitted information, disruption of access
YOURTAXI assumes no responsibility for the correctness and completeness of the information provided and that it reaches the customer or driver on time. Excluded from this are contents of the booking confirmation.
YOURTAXI is not liable for disturbances in the quality of access to the YOURTAXI tools due to force majeure or due to events for which YOURTAXI is not responsible, in particular the failure of communication networks and/or gateways. YOURTAXI does not guarantee that its internet pages will function without interruption or error and that other errors will be corrected.
6. 5. release by the customer
The customer indemnifies YOURTAXI from all claims and costs, including reasonable costs of legal defence, which a third party asserts against YOURTAXI due to use of the YOURTAXI tools contrary to contract or due to a breach of these GTC by the customer.
7. content protection
The contents of the homepage www.yourtaxi.ch enjoy copyright protection.
YOURTAXI grants the customer the right to use the homepage in accordance with the intended purpose, which is subject to cancellation and is subject to the condition of compliance with these GTC. Any use beyond this (such as modification, copying, republication, transmission, distribution or any other purpose not intended) is prohibited.
8. final provisions
8. 1. written form
Amendments and supplements to this agreement must be made in writing to be effective.
8. 2. reservation of right of modification
YOURTAXI is entitled to change these GTC. Notification of the change will be made by unilateral declaration by making the new GTC available on the homepage of YOURTAXI and informing the customers about this by email. If the customer does not object to the new General Terms and Conditions within 14 days of being informed, the General Terms and Conditions shall be deemed to have been accepted by the customer and the new General Terms and Conditions shall be effective vis-à-vis the customer.
8. 3. set-off, retention and assignment
The customer can only contest claims of YOURTAXI or assert rights of retention if his counterclaims or counterclaims are legally established or undisputed. This shall also apply in the event of complaints by the customer.
The customer is not entitled to assign claims from the contractual relationship to third parties without the express written consent of YOURTAXI.
8. 4 Applicable law, place of jurisdiction and authentic language version
Swiss law is exclusively applicable to the legal relationship between YOURTAXI and the customer.
Place of jurisdiction is Zurich.
In case of discrepancies between the German and a translated version of these terms and conditions, the German version shall prevail.
8. 5. severability clause
Should individual provisions of these General Terms and Conditions be or become invalid, unenforceable or contain loopholes, the remaining provisions shall remain effective. The parties undertake to replace the invalid, unenforceable or missing provisions with provisions that come as close as possible to the meaning and economic purpose and the will of the parties.
YOURTAXI | February | 2024
