The starting price of sitting on the ground happens from time to time, infringing many rights of users
Referring to the incident of sky high handling fee for the inferior goods, Zheng Ning, director of the law department of the school of cultural industry management of China Media University, said frankly that there was a lack of management in the platform. In terms of contract relativity, the customer and the platform have reached a contractual relationship, and the relevant handling personnel have no right to change the contract terms on behalf of the platform and the customer. The platform shall establish a clear charging standard for the range of pure manual handling over 50 meters to avoid the behavior of asking for money by relevant personnel.
Zheng Ning said that for consumers, the incident violated their right to know, fair trade and independent choice. Consumers can complain to the consumer rights and interests protection association or the market supervision department, and directly file a lawsuit to the peoples court in case of large losses.
Zheng Ning believes that in the terms of service, Kerala only provides intermediary services for the transporter and users, and does not participate in specific cargo transport transactions. For example, any dispute or liability arising from the cargo transport transaction itself and between the user and the third party is irrelevant to Kerala. However, this kind of all exemption clause is suspected of violating the provisions of Article 40 and Article 53 of the contract law, which is invalid. Moreover, as an intermediary platform, Kerala cannot mitigate the legal liability caused by its intentional or gross negligence, nor unilaterally exclude the basic obligations of the agreement provider.
Legal Daily reporters make complaints about the Internet service platform. For example, moving from community a to community B requires that each stay should not exceed 30 minutes, and fees will be charged for more than 30 minutes in total, after the price is negotiated, the price will be increased by 100 yuan to the destination and so on.
Vicious competition of illegal passenger carrying and incessant industry chaos
It is believed that in recent years, the price war in the online contract moving service industry has begun, coupled with the industrys practice of drawing Commission, the drivers income has been repeatedly compressed, or one of the reasons for the drivers private price increase.
Han Yingwei noted that at present, the online contract moving service industry presents a chaotic development trend, vicious price competition, fuzzy charging standards, nonstandard oral and written contracts, low entry threshold, lack of supervision and other phenomena always exist..
Although the cargo Lala platform stated that the vehicles could not receive passenger orders, and the carriage of people in the cargo compartment was a serious violation. But there are still some truck drivers picking up orders with passengers on the ground that they dont need to load or unload goods, they can run fast and save a lot of trouble. In order to improve their popularity and create brand image, many online freight platforms require the drivers to paste the car stickers with platform logo on the body of their trucks. If not, the drivers will be punished. Zheng Ning said.
It is understood that on May 29, 2019, the freight Lala platform was jointly interviewed by the law enforcement team of Shanghai Municipal Transportation Commission, the traffic police team and the urban management law enforcement department, and ordered to rectify within one month within a time limit and remove all illegal business advertisements set on the vehicle body.
In addition, the low income of drivers and the lack of reasonable protection of their rights and interests are also worthy of attention.
The operation mode of these two platforms is similar, that is, to attract capital injection through continuous promotion, to occupy the market by relying on price war, and to let customers and drivers choose one from the other . The fierce competition among platforms has lowered the price, which is good for customers in the short term. However, with the continuation of the price war, the income of the driver side has been pressed too low, resulting in frequent private price hikes by drivers. Zheng Ning said.
Han Yingwei believes that the supervision of the online contract moving service industry is imminent. On the one hand, it makes the industry development compliant, enhances the industrys self-discipline, and promotes the long-term and healthy development of the online contract moving service industry; on the other hand, it can effectively protect the legitimate rights and interests of consumers and bring good user experience to consumers.
On how to plug the management loopholes of enterprises, Han Yingwei suggested: first, strengthen the introduction of high-quality network technical talents, enhance the ability to establish and improve the enterprise network platform; second, enterprises should strengthen internal control, make clear their responsibilities, and strictly implement the accountability system; third, establish the feedback mechanism of consumer experience, improve and perfect the customer service mechanism, and provide business to customers Create a good user experience environment.
As for how to standardize the development of the industry, Han Yingwei suggested: first, formulate industry development norms and standards, make charges transparent, strengthen supervision, and implement disciplinary mechanisms; third, establish a mechanism for moving personnel to work with certificates, implement pre job training, and improve service quality; finally, improve consumer complaint channels, enhance dispute resolution and mediation mechanisms, improve user experience, and give up Consumers establish a good image of the industry and enhance consumers trust.
In Zheng Nings opinion, as the intermediary, the network contract platform must further improve the operation mode and evaluation system, and effectively protect the legitimate rights and interests of both customers and drivers. First, the freight platform should strengthen the business training for drivers and improve the access threshold; second, the complaints from customers and drivers should be fed back in time to effectively protect the legitimate rights and interests of both sides; third, the platform can also improve the security capacity through technical means, such as driver background review, route design, transaction process monitoring, etc.; fourth, the platform should reduce the platform management costs, Formulate pricing rules that match the market conditions; fifth, operate in good faith, and do not infringe the rights and interests of consumers by means of low price inducement; sixth, the transportation department and the market supervision department should strengthen supervision, punish illegal and dishonest enterprises, and may be listed in the blacklist. Zheng Ning said. Source: Legal Daily Author: Han Dandong, Lin yinting editor in charge: Wang Xiaowu Gu NF
In Zheng Nings opinion, as the intermediary, the network contract platform must further improve the operation mode and evaluation system, and effectively protect the legitimate rights and interests of both customers and drivers.