L Y K O

Plan, compare and book

Our General Terms of Sale

INTRODUCTION

 

These general terms and conditions of sale (hereinafter referred to as the “GTCs”) are intended to govern the contractual relations between:

  • LYKO SAS (hereinafter referred to as “LYKO”), with a share capital of €1,000, registered in the Lyon Trade and Companies Register under number 840 992 374, whose registered office is located at 60 rue Lucette and René Desgrand 69100 Villeurbanne, in the person of its duly authorised legal representatives
  • consumers as defined in the preliminary article of the Consumer Code, natural persons of full age who act for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity.

The purpose of the “LYKO” Platform is to connect travellers who are natural persons wishing to travel to or from the airport (hereinafter referred to as the “Customer”) and

  • drivers offering a carpool seat in their vehicle (hereinafter referred to as the “Driver”);
  • professional drivers of private or shared VTCs (hereinafter referred to as the “VTC Driver”);
  • shared shuttle transport companies (hereinafter referred to as the “Transport Company”);
  • parking companies located near airports (hereinafter referred to as the “Parking Company”)

The GTC will apply to any offer made on the Platform.

 

1 – NO RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, the Client is informed that he/she has no right of withdrawal for the Offers offered on the Platform.

 

2 – ACCEPTANCE OF CGVS

The Client acknowledges having read and accepted the T&Cs before accepting the Offer.

The fact of creating an account and/or accepting an Offer on the Platform implies the Client’s acceptance, without restriction or reservation, of all the provisions of the GTCs appearing on the Platform at the time of the Order.

The T&Cs will remain accessible to the Customer on the Application at all times.

 

3 – ACCEPTANCE OF THE OFFER

        3.1 Prior identification of the Client

If the Customer already has a customer account:

– To accept an Offer, the Client must identify himself by means of his e-mail address, telephone number and password (hereinafter referred to as the “Access Codes”).

If the Customer does not have a customer account:

– For any first acceptance of an Offer, the Client must follow an account creation procedure via the “Create an Account” button on the home page and complete the information requested on the Platform.

The Client must provide the following information:

  • Name
  • First name
  • Email
  • Telephone number

The information provided by the Client for the creation of his account must be fair and sincere. LYKO cannot be held responsible for the impossibility in which it may be unable to establish a relationship between the Customer and the Drivers, in particular in the event of an error by the Customer or the communication of false or erroneous information.

Access Codes will also be requested from the Client to access certain areas of the Platform, such as the “My Information” section on the Platform home page. Nevertheless, once connected, the Customer will have access to all areas of the Platform without further request for Access Codes until disconnection.

It will be the Client’s permanent responsibility to maintain the security of its Access Codes. The Client is solely responsible for the custody and use of its Access Codes. The Client undertakes to keep the Access Codes he has chosen strictly confidential and not to disclose them in any form whatsoever to third parties. Any connection to the “My Account” area of the Platform using the Access Codes will be deemed to have been made by the Client himself or a person under his responsibility. In the event of loss or forgetting his Access Codes, the Customer may request them again by going to the “Login” area and clicking on “Forgotten Password” then after having indicated his email address, he will have to click on the “Recover” tab. The Customer will then receive his Secure Access Codes by email to the address indicated.

      3.2 Registration and validation of the Offer

To accept an Offer on the Platform, the Client must access the dedicated space.

Once on the dedicated space, the Client will be asked to provide the following information:

  • Address & departure time
  • Arrival address
  • Number of reserved places

Once the above information has been completed, the Client will be asked to check his Offer by clicking on “Validate”. The Customer will then be able to view his Offer, its characteristics and the total price that will be invoiced by LYKO in the event of a successful connection with the Driver.

Any Offer validated by the Client under the conditions and according to the procedure stipulated above shall constitute a firm and definitive commitment, and shall not be binding.

       3.3 Confirmation of the Offer

For any duly validated Offer, LYKO will send a confirmation email to the Client mentioning the number of its Offer and the details of the price to be paid once the relationship has been finalized. The Customer may also consult these details at any time in his customer account.

     3.4 Modification of the Offer

The Offer may be modified or deleted by the Client. However, if the deletion is carried out at the Client’s sole initiative, the latter may under no circumstances claim reimbursement of any sums paid to LYKO.

In any event, any cancellation of the Offer shall give rise to the payment by the Client of the file costs incurred and invoiced by LYKO.

 

4- PROCEDURES FOR ESTABLISHING CONTACT

 

     4.1 Acceptance of the Offer

Any Offer by the Client shall be deemed to have been accepted by LYKO and the sale shall be made upon payment of the price of the connection by the Client, except in cases of force majeure under the conditions referred to in Article 11.

     4.2 Conditions for establishing contact

Following the publication of an Offer on the Platform, the Offer will be freely accessible to all Customers.

The Customer will then be able to select the Offer of his choice via the Platform. Once the Offer has been chosen, the Customer will be able to validate his choice and will be redirected to a summary page of the chosen Offer and will be redirected to the payment interface to finalize the sale.

     4.3 Cancellation or failure of Driver(s) Individual(s)

Any Private Driver mentioned in an Offer may freely cancel his proposal within a minimum period of 24 hours before the carpool start time as stipulated in the Offer. In the event of cancellation beyond the aforementioned deadline by the selected Private Driver, the latter will be considered as defaulting.

In the event of the failure of a Private Driver selected by his absence at the time and place stipulated by the Offer, the Client must notify LYKO via the Platform of said absence within 24 hours following the carpooling start time as stipulated in the Offer.

In the event of default by one or more selected Private Drivers, LYKO will issue the Customer a credit note in an amount corresponding to the amount paid by the Customer for the connection that was the subject of the default.

5 – PRICES AND PAYMENT TERMS

     5.1 Prices

The prices of the Offers are indicated in euros, all taxes included.

LYKO reserves the right to modify its prices at any time and without notice. The Customer will be invoiced for the connection on the basis of the rates in force on the Platform at the time of publication of the Offer.

The Customer guarantees that he/she is fully entitled to use the credit card to pay for the connection services offered by LYKO.

     5.2 Conditions and methods of payment

The total amount due by the Client is indicated before the final validation of his Offer on the Platform. This amount includes the total cost of the connection as well as any additional costs.

The payment of the total amount of the connection is made on the Platform by means of a credit card Carte Bleu, Visa or Mastercard. To make the payment, the Customer must provide certain information relating to the credit card, including the name of the cardholder, the credit card number, its expiry date and its cryptogram number. The payment of the order is made with the payment solution by secure banking module Stripe.

The payment will be considered as validated after confirmation of the payment agreement by the issuing body. In the event of refusal by the issuing body, the sale will be automatically cancelled and LYKO will therefore be released from any obligation and liability towards the Client.

An invoice will be sent by email to the Client at the same time as payment for the contact.

6 – OBLIGATIONS OF THE PARTIES

It is recalled that within the framework of the Offer agreed between the Client and the Driver, the Transport Company or the Parking Company, the Client has the following obligations:

to arrive or be represented at the agreed time and place at the beginning of the booking;

In the event of a breach by the Client of its obligations, LYKO reserves the right to exclude or suspend the Client.

7 – CANCELLATION POLICY

     7.1 Refund terms in the event of cancellation

All reservations are subject to this cancellation policy. 
In the event of cancellation attributable to the Passenger:

  • Carpool Cancellation:

If the Customer cancels more than 24 hours before the scheduled time of departure as mentioned in the carpooling announcement, the Customer will be refunded the full amount of the reservation minus the management fee. The Private Driver does not receive any sum of any kind whatsoever.

If the Customer cancels less than 24 hours before and up to 2 hours before the scheduled departure time, as mentioned in the carpooling announcement, the Customer is refunded the total amount of the reservation minus the management fees and 50% of the amount of the Private Driver’s remuneration. The Private Driver is compensated up to 50% of the remuneration initially provided for.

If the Customer cancels at least 2 hours before or after the scheduled departure time, as mentioned in the carpool announcement, no refund will be made. The Private Driver is compensated up to the full amount of the remuneration and the Lyko commission is retained by Lyko.

  • Cancellation of private or shared VTCs:

If the Customer cancels up to 2 hours before the scheduled departure time, as mentioned in the VTC announcement, the Customer will be refunded the full amount of the reservation. The VTC Driver does not receive any amount of any kind.
If the Customer cancels less than 2 hours before or after the scheduled departure time, as mentioned in the VTC announcement, no refund will be made. The VTC Driver is compensated up to the full amount of the remuneration.

  • Cancellation of the Transport Company’s Shared Shuttle:

In the event of cancellation of the shared shuttle reservation (Lyon Shuttle) at least before the day before departure at 8:30 pm, a refund of the full amount of your reservation will be made. 
In case of cancellation of the shared shuttle reservation (Lyon Shuttle) after the day before departure at 8:30 pm, no refund will be made.

  • Cancellation of Parking Space of the Parking Company:

If the Customer cancels up to 24 hours before the scheduled time of the reservation, the Customer is refunded the full amount of the reservation. The Parking Company does not receive any amount of any kind whatsoever.

If the Customer cancels less than 24 hours before the scheduled time of booking, no refund will be made. The Parking Company is compensated up to the full amount of the remuneration.

When the cancellation occurs before departure and due to the Customer, the Ticket(s) cancelled by the Customer for the said Trip or the said Parking Ticket are automatically made available to other Customers who can book them online and are therefore subject to the conditions of these GTU.

Lyko assesses in its sole discretion, on the basis of the information at its disposal, the legitimacy of the claims it receives.

 

8 – INTELLECTUAL PROPERTY

The Platform and each of its components, including in particular the graphic charter, data, software, texts and logos, are protected by intellectual property law, in particular copyright and/or trademark law.

The Platform and each of its components are the exclusive property of LYKO.

LYKO grants the Customer and more generally to any person visiting the Platform, a non-exclusive right of use of the Platform in accordance with the provisions hereof.

The Client acknowledges that it is prohibited, without the prior written consent of LYKO, in any country, to use and/or exploit the elements constituting the Platform in any way whatsoever (in particular for their reproduction, communication and/or adaptation) and for any reason whatsoever (including as a commercial reference or for its own advertising).

Any other use of the Platform or any of its elements constitutes an infringement of rights and is punishable as such under the Intellectual Property Code, unless prior, express and written authorization is obtained from LYKO.

In any event and in the event of non-compliance with these stipulations, LYKO may, ipso jure, at the Client’s exclusive wrongs and without notice, terminate any relationship, without prejudice to all other rights, actions and recourses that LYKO may have at its disposal with a view to compensating it for the damage it may have suffered as a result of such non-compliance.

 

9 – DATA PROCESSING AND LIBERTIES

       9.1 Personal data

The information that LYKO receives from the Client corresponds to the information required to use the Platform and so that LYKO can process the Offers transmitted by the Client as well as any disputes that may arise from the Offer.

These personal data are processed in accordance with the law n° 78-17 of 6 January 1978 relating to data processing, files and freedoms, known as the “Data Protection Act” and are subject to processing declared to the CNIL. LYKO is the controller and recipient of the data.

The personal data mentioned above may be transmitted by LYKO to third parties for the purpose of executing the Offer and in particular for the management of the Offers and their execution. It is expressly stated that transfers of personal data outside the territory of the European Union are prohibited unless the country or recipient provides a sufficient level of protection in accordance with the regulations applicable in France.

In accordance with the law “informatique et libertés” n° 78-17 of 6 January 1978 modified by the law n° 2004-801 of 6 August 2004, the Client has a right of access and rectification for the information concerning him that he can exercise by sending his request by mail to the address: LYKO – 60 rue Lucette et René Desgrand 69100 Villeurbanne.

The Customer may also, for legitimate reasons, object to the processing.

In addition, LYKO will keep data relating to transactions on the Platform within the limits of the provisions of Law No. 78-17 of 6 January 1978.

       9.2 Cookies and cookies

Some pages of the Platform may use cookies, the purpose of which is to access information stored in the Customer’s connection terminal and in particular to record information relating to its navigation on the Platform, and to store information that the Customer entered during his connection.

The maximum storage period for the information thus collected is thirteen (13) months from the insertion of the corresponding cookie.

The Customer has the possibility to oppose the recording of these cookies by configuring his computer.

 

10 – LIABILITY

The connection by LYKO resulting exclusively from the agreement reached between the Customer and the Driver, the Transport Company or the Parking Company, the latter act under their sole and entire responsibility. As such, the effective execution of the Offer proposed by the Client and accepted by the Driver, the Transport Company or the Parking Company shall not give rise to any liability attributable to LYKO, on any grounds whatsoever, the service proposed by LYKO being an intermediation service. In particular, LYKO cannot be held liable for any loss that may have occurred for reasons such as:

the communication by the Individual Driver of erroneous information concerning his carpooling proposal;
the cancellation by the Individual Driver of his carpooling proposal;
fraudulent behaviour or fault of the Client or the Driver during, before, or after the execution of the Offer.

LYKO may only be held liable, except in cases where the law specifies different terms and conditions, in the event of demonstration by the Client of a fault or failure by LYKO which was the cause of the damage suffered and proven by the Client.

LYKO cannot be held responsible in case of:

of malicious intervention,
problems with telephone or internet connections,
hardware or software problems,
access problems to the Platform’s server,
destruction of information provided by Customers for a reason not attributable to LYKO,
software or hardware malfunctions,
human or electrical errors,
disruptions that could affect the proper functioning of the Platform or the conduct of a deed of sale on the Platform.

In any case, if the proper administrative and/or technical progress of an Offer on the Platform is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond LYKO’s reasonable control, LYKO reserves the right to interrupt the transaction in progress.

Similarly, submitting an Offer on the Platform implies knowledge and acceptance of the characteristics and limitations of the Internet, the lack of protection of certain data against possible misappropriation or hacking and the risk of contamination by possible viruses circulating on the network.

LYKO may close the Platform, cancel or suspend one or more Offers, or modify their conditions if it appears that fraud has occurred in any form whatsoever, in particular by computer. In this case, LYKO reserves the right to prosecute the perpetrators of these frauds before the competent courts.

 

11 – FORCE MAJEURE

Force majeure events may prevent the Customer, the Driver, the Partner Companies or LYKO from fulfilling all or part of the obligations provided for in the Offer. Thus, within the framework of the GTC, the following events will be considered as force majeure events:

strike of means of transport, hoteliers, switchers or staff of any service providers outside LYKO;
insurrection or riot in the country of departure or arrival;
made the prince;
geographical, climatic, health and/or political conditions likely to endanger the Client’s life (in particular red alerting of the destination country by the diplomacy.gouv website).

In the event of a force majeure event, the party suffering it shall inform the other party as soon as possible.

In the event of force majeure, LYKO may propose a Substitution Offer or refund the Customer at the Customer’s discretion.

 

12 – COMPLAINTS

Any complaint must be sent to the following address LYKO – 60 rue Lucette et René Desgrand 69100 Villeurbanne or by e-mail by clicking on the “Contact Us” tab on the Platform.

 

13 – MODIFICATIONS TO THE CGVS

LYKO informs Customers that the T&Cs may be modified at any time. These modifications are published by posting them on the Platform and are deemed to be accepted without reservation by any Client accessing the Platform after they are posted on the Platform.

 

14 – PARTIAL DISABILITY

In the event that one or more provisions of the T&Cs are declared null and void or inapplicable pursuant to a law, regulation or court decision that has become final, the other provisions of the T&Cs shall continue to apply under the same terms and conditions.

 

15 – VARIOUS STIPULATIONS

The fact that LYKO or the Client does not at any time invoke any of the clauses of the GTC does not mean that it will not invoke them at a later date.

 

16 – APPLICABLE LAW AND COMPETENT JURISDICTION

The GTC are subject to French law.

The parties agree to do their utmost to resolve amicably any disagreements that may arise from the interpretation, execution or termination of business relations between LYKO and the Client.

Any dispute arising out of the execution of the contractual relations established between LYKO and the Client, as well as the acts resulting therefrom, shall be submitted to the materially competent court within whose jurisdiction LYKO’s registered office is established, notwithstanding any incidental claim or guarantee call, or in the event of multiple defendants.