# Lyft Terms of Service vs Lyft Line commission



## MyPerspective (Feb 14, 2017)

_"Any decision by a User to offer or accept Services is a decision made in such User's sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a *separate agreement* between such persons."
- Lyft terms of Service 9.30.16_

*Lyft violates their own Terms of Service in an effort to classify drivers as independent contractors with Lyft Line policies.*

1. When completing a Lyft Line ride, the driver does not physically "accept" additional riders but instead is informed by way of "rerouting to pick up passengerX" automatically.

2. Lyft is currently excluding the fares generated by the additional passengers in a matched line ride from drivers total earnings by not honoring them as "separate agreements".

The Lyft platform/application treats additional passengers on a line ride as separate agreements for both drivers and passengers:

1. Matched Line rides count towards PDB (power driver bonus) or for rental bonus programs incentives.

In addition:

2. Each passenger has the ability to idividually rate the driver.

3. A service fee is charged to each passenger. Either the full 1.95 of 1.00

There may be more examples but it is clear these instances do not apply for multiple passengers on classic lyft, plus or premier.

*Why does it matter if the additional passengers are classified as separate agreements?
*


*"Payments*
_
If you are a Driver, you will receive payment for your provision of Services. All Fare payments are subject to a Lyft Commission, discussed below. You will also receive any tips provided by Riders to you, and tips will not be subject to any Lyft Commission. Lyft will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law."

- Lyft terms of Service 9.30.16_

"Payment for provision of services."

By picking up the additional passengers, the driver is providing a service.

*According to LYFT terms of service contract, drivers should be paid for each service they provide.*

*What should drivers be paid??*

According to the commission schedule, there are two types of fares. Variable fares and Quoted fares.

Drivers get paid based on time and milage - variable fare. Passengers may be charged a quoted fare - in which Lyft determines the price - the driver still gets paid the variable fare. Lyft pokects the difference in the event there is a profit.

This is understood. This is the pay plan we all agreed to at some point.

_In the case of matched line rides, Lyft EXCLUDES the additional fares altogether._

Drivers should have been paid, at the least, the Variable fare rate on EACH SEPERATE AGREEMENT. Instead Lyft is running a side business in violation of there own terms by excluding fares from the commission schedule.

As an independent contractor, Lyft is in clear violation of our terms.

Do you agree?


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## Bart McCoy (Nov 4, 2014)

There's no exclusion of fares! If you get a matched line, and that match extends your ride by 15 miles, guess what, you get paid for the 15 miles a per the agreement you signed. So where's the exclusion? Clearly lyft gave you a separate pay schedule for lyft line, it pays more per mile. So you have signed an agreement both for single pax AND matched line. And get paid for both, so again, what exclusion?


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## MyPerspective (Feb 14, 2017)

Bart McCoy said:


> There's no exclusion of fares! If you get a matched line, and that match extends your ride by 15 miles, guess what, you get paid for the 15 miles a per the agreement you signed. So where's the exclusion? Clearly lyft gave you a separate pay schedule for lyft line, it pays more per mile. So you have signed an agreement both for single pax AND matched line. And get paid for both, so again, what exclusion?


What if I pick up 3 separate passengers from the airport and take them to the same hotel?

Lyft pays me the variable rate but still charges each passenger separately. They don't split the charge.

The amount Lyft collects 3 separate fares. If you only pay the variable rate on 1, then 2 of the fares are EXCLUDED from the commission schedule. The total amount Lyft collects (unethical) but is not main issue.

This is a violation of Lyfts _own_ service terms. Not mine. Read the terms of service Or at least Re read the initial post.

Drivers get paid on all fares.


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## Cigars (Dec 8, 2016)

Just drive the original pax to their destination and ignore the second pax.
When you get to the destination, cancel on the second pax then drop the original rider off.
You get a happy 1st pax, get paid the same (minus a couple pennies) and a very unhappy 2nd lyft line chooser who may not make that same mistake again.


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## MyPerspective (Feb 14, 2017)

Cigars said:


> Just drive the original pax to their destination and ignore the second pax.
> When you get to the destination, cancel on the second pax then drop the original rider off.
> You get a happy 1st pax, get paid the same (minus a couple pennies) and a very unhappy 2nd lyft line chooser who may not make that same mistake again.


Ignoring the automatically added passenger is the work around but not the solution.

Terms of Service and Lyfts actions indicate matched passengers are separate agreements that the driver is entitled to get paid from. Period.

That's a lot of explaining Lyft has to do for past line rides.

Are we employees or independent contractors?


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## Bart McCoy (Nov 4, 2014)

MyPerspective said:


> What if I pick up 3 separate passengers from the airport and take them to the same hotel?
> Lyft pays me the variable rate but still charges each passenger separately. They don't split the charge.
> The amount Lyft collects 3 separate fares. If you only pay the variable rate on 1, then 2 of the fares are EXCLUDED from the commission schedule. The total amount Lyft collects (unethical) but is not main issue.
> 
> .


If all 3 go to the same place you get shafted. But you already agreed to get shafted when you agreed to get paid per mile and per minute,instead of total fares of all the 3 pax.



MyPerspective said:


> Ignoring the automatically added passenger is the work around but not the solution.
> 
> Terms of Service and Lyfts actions indicate matched passengers are separate agreements that the driver is entitled to get paid from. Period.
> 
> Are we employees or independent contractors?


Obviously you're a contractor. You do get paid from each rider, just not a separate total from each rider, why? you guessed it, because thats not the contract you agreed to.

This is not unique to Lyft. Folks have cried the same thing on UberPool. Said it was illegal and all this other mess. This has been going on for over 2 years and no lawsuit like the cab man said was coming, and uber and lyft are still sticking to the same thing: paying you per mile and minute,but doubling up on paying pax. Because they both got yall to agree to being paid that way!! and yall signed off on it!!!


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## MyPerspective (Feb 14, 2017)

Bart McCoy said:


> If all 3 go to the same place you get shafted. But you already agreed to get shafted when you agreed to get paid per mile and per minute,instead of total fares of all the 3 pax.
> 
> Obviously you're a contractor. You do get paid from each rider, just not a separate total from each rider, why? you guessed it, because thats not the contract you agreed to.
> 
> This is not unique to Lyft. Folks have cried the same thing on UberPool. Said it was illegal and all this other mess. This has been going on for over 2 years and no lawsuit like the cab man said was coming, and uber and lyft are still sticking to the same thing: paying you per mile and minute,but doubling up on paying pax. Because they both got yall to agree to being paid that way!! and yall signed off on it!!!


You keep referring to the acceptance of variable rates vs quoted rates.

I don't know why.

Why are you doing this?

I've clearly refernced Lyfts terms of Service that I agreed to and pointed out that I do not receive the variable rate on separate agreements nor did I agree to a 100% commission schedule for any separate agreements.


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## circle1 (Sep 17, 2016)

Well said, MyPerspective! You ATL guys are on the ball!!


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## Bart McCoy (Nov 4, 2014)

MyPerspective said:


> You keep referring to the acceptance of variable rates vs quoted rates.
> 
> I've clearly refernced Lyfts terms of Service that I agreed to and pointed out that I do not receive the variable rate on separate agreements nor did I agree to a 100% commission schedule for any separate agreements.


Nobody who drives Uber or Lyft has agreed to or signed up for a 100% commission schedule ,that's silly.

As for Uber,as they do all their price cuts and changes over the years ,you have to agree to an addendum to continue driving. Like I signed up over 2 years ago with UBer, but doing that time, I still had to "sign up" again a few times over those years to keep driving (basically just agreeing to the new terms and rates). During that time Uber came up with the pool rate schedule,which explains that you DO NOT get a variable rate for "separate" fares.You can disagree and not drive, or agree and drive. It was NO surprise at that point yo don't get the sum of the fares the pax pay on a pool. It clearly explained how you would get paid: per mile and per min of the whole trip,nobody how many "separate agreements"(pax) you had on that trip.

I'm sure Lyft has made the same manual acceptance to change required, to continue driving for Lyft (if it wasnt already included when you first signed up)


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## MyPerspective (Feb 14, 2017)

Bart McCoy said:


> Nobody who drives Uber or Lyft has agreed to or signed up for a 100% commission schedule ,that's silly.
> 
> As for Uber,as they do all their price cuts and changes over the years ,you have to agree to an addendum to continue driving. Like I signed up over 2 years ago with UBer, but doing that time, I still had to "sign up" again a few times over those years to keep driving (basically just agreeing to the new terms and rates). During that time Uber came up with the pool rate schedule,which explains that you DO NOT get a variable rate for "separate" fares.You can disagree and not drive, or agree and drive. It was NO surprise at that point yo don't get the sum of the fares the pax pay on a pool. It clearly explained how you would get paid: per mile and per min of the whole trip,nobody how many "separate agreements"(pax) you had on that trip.
> 
> I'm sure Lyft has made the same manual acceptance to change required, to continue driving for Lyft (if it wasnt already included when you first signed up)


It's safe to say you are not on the lyft platform, did not read the entire original post, have not reviewed Lyfts terms of service contract, have overlooked the date (9.30.16) of the terms of service contract and refuse to do so before commenting.

I appreciate the information you provided about Uber, however I was very specific as to the information I provided is solely about LYFTs terms of service along with the location I 've began this thread - in the LYFT section of the forum.

I think you are very knowledgeable about pool and line rides in general and I encourage you to review the specific details I provided in the original post along with Lyfts contract with it's drivers.

Looking forward to your knowledgeable contribution to this thread in the future.


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## New2This (Dec 27, 2015)

Feel free to find an ambulance chaser to file a class action lawsuit. When it comes through and settles, I'll take my $1.04 check to the bank.


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## Bart McCoy (Nov 4, 2014)

MyPerspective said:


> It's safe to say you are not on the lyft platform, did not read the entire original post, have not reviewed Lyfts terms of service contract, have overlooked the date (9.30.16) of the terms of service contract and refuse to do so before commenting.
> 
> I appreciate the information you provided about Uber, however I was very specific as to the information I provided is solely about LYFTs terms of service along with the location I 've began this thread - in the LYFT section of the forum.
> 
> ...


Please don't make me out to be some type of newbie. I am an active Lyft driver (active account, I just don't drive for reg rate).
Again, I don't know why you think this situation is Unique to Lyft, people on Uber cried the same thing claiming in their contract that they should be paid the same way you are saying, so don't try to discredit my info because it's Uber based, when people who drive for Uber are using the Same reason (excuse), the exact same(they are pulling up lines in their agreement claiming they should get paid the same you should get paid on Lyft) THIS IS Nothing NEW. This is not apples and oranges, Uber and lyft is apples and apples!!!(just big apple vs lil apple)



New2This said:


> Feel free to find an ambulance chaser to file a class action lawsuit. When it comes through and settles, I'll take my $1.04 check to the bank.


That's part of my point. This guy, and other on Lyft, as well as uber drivers,allegedly have known that Uber/Lyft is going against their agreement but hasn't taken them to court, I have seen one person get One trip reversed from per mile per minute,to sum of pax in a ride. Not on uber Nor on lyft. If it's so clean cut and dry, show(the guy MrPerspetive) Lyft(or uber) the same line you quoted in this topic,and see if they pay you the sum of the pax, smh . if you so easily right, they should pay you on the spot. I gurantee you instead they will show you the pool /line schedule that goes along in your contract


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## Trump Economics (Jul 29, 2015)

Ponzi scheme. Next.


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## MyPerspective (Feb 14, 2017)

Bart McCoy said:


> .......I have seen *one* person get *One* trip reversed from per mile per minute,to sum of pax in a ride.


*######* (Lyft)

Feb 21, 12:50 PM PST

Hello #######,

How's it going? Hope you're having a great day in The Peach State!

As fellow Lyft drivers, we understand your concern about being paid accurately for your completed rides. No worries, we're to help!

We see that the passenger was taken to a different location than the one they set in the app when they requested a Lyft Line. Lyft Line costs are pre-determined for passengers and are based on the destination they entered when they placed their ride request.

If a passenger asks to go to an address other than the one in the app, let them know that you're only able to take them to the location set in the app. This will ensure other Line passengers are not delayed or taken out of their way. It will also make sure your earnings are accurate. If a passenger needs to go to a different location than the one they entered, have them request a new Line with a new destination.

Your Lyft Line earnings are based on time and distance, and this assumes that you drop off the passenger at the address they indicated when they placed their ride request.

As a one-time exception, I have recalculated the ride as, "Classic", taking into account the Classic rates in your market:

Pickup Charge: - $1.00
Distance: - $30.00 (40 miles × $0.75 per mile)
Time: - $8.39 (69.90 minutes × $0.12 per minute)
Ride Total: - $39.39
Prime Time: - $0.00
Ride Total With Prime Time: - $39.39 ($0.00 + $39.39)
Commission: - -$7.88
Total Sent To Driver: - $31.51

While you received $7.97, in total, you will be recorded as receiving $31.51 for the ride.

The difference of $23.54 has been bonused to your account, manually. You should be able to see it within 1-2 days.

If you have any other questions or concerns, please do not hesitate to reach out.

Thanks again for writing and being a valued member of the Lyft community.

Have a great rest of your week,

######

Lyft Support Representative

Help Center - http://lyft.com/help
Ask Lyft on Twitter! - http://twitter.com/asklyft

Now you have seen *two*.



Bart McCoy said:


> Please don't make me out to be some type of newbie. I am an active Lyft driver (active account, I just don't drive for reg rate).
> Again, I don't know why you think this situation is Unique to Lyft, people on Uber cried the same thing claiming in their contract that they should be paid the same way you are saying, so don't try to discredit my info because it's Uber based, when people who drive for Uber are using the Same reason (excuse), the exact same(they are pulling up lines in their agreement claiming they should get paid the same you should get paid on Lyft) THIS IS Nothing NEW. This is not apples and oranges, Uber and lyft is apples and apples!!!(just big apple vs lil apple)
> 
> That's part of my point. This guy, and other on Lyft, as well as uber drivers,allegedly have known that Uber/Lyft is going against their agreement but hasn't taken them to court, I have seen one person get One trip reversed from per mile per minute,to sum of pax in a ride. Not on uber Nor on lyft. If it's so clean cut and dry, show(the guy MrPerspetive) Lyft(or uber) the same line you quoted in this topic,and see if they pay you the sum of the pax, smh . if you so easily right, they should pay you on the spot. I gurantee you instead they will show you the pool /line schedule that goes along in your contract


You've become desensitized and have missed the point. I understand.

Lyft chooses to not pay the driver a variable fare rate on the fares they collect from additional passengers - yet still want to classify driver's as independent contractors.

Lyft line does not pass the common law test. The IRS is more concerned with the driver/lyft relationship than what's written in the contract or any addendum when it comes to employee classification.

If you read the original post, first thing I said was "*Lyft violates their own Terms of Service in an effort to classify drivers as independent contractors with Lyft Line policies."

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