The China Consumers Association conducts social supervision around the relevant notices from the Ministry of Transport and five other departments on the standardized management of ride hailing aggregation platforms.
The China Consumer Association said that for online car hailing aggregation platform services, the General Office of the Ministry of Transport, the General Office of the Ministry of Industry and Information Technology, the General Office of the Ministry of Public Security, the General Office of the State Administration of Market Supervision, and the Secretariat of the State Internet Information Office jointly issued the Notice on Practically Doing a Good Job in the Standardized Management of Online Car hailing Aggregation Platform. The Notice has made clear provisions on the responsibility of protecting consumer rights and interests of ride hailing aggregation platforms from five aspects: "improving ideological awareness, attaching great importance to the standardized management of ride hailing aggregation platforms", "consolidating corporate responsibility, protecting the legitimate rights and interests of passengers and drivers", "regulating business behavior, maintaining fair competition market order", "strengthening coordination and cooperation, improving regulatory capabilities and levels", "strengthening bottom line thinking, and effectively maintaining industry safety and stability".
Online taxi hailing aggregation platform refers to a platform that, relying on Internet technology, cooperates with online taxi hailing platform companies, faces passengers and matches supply and demand information to jointly provide online taxi booking services. The online ride hailing aggregation platform is a new business model that is beneficial for small and medium-sized ride hailing platforms to participate in market competition and enrich supply. The Notice affirms the legitimacy and rationality of the business model of ride hailing aggregation platform from the perspective of standardized management, and puts forward specific requirements for ride hailing aggregation platform and cooperative ride hailing platform companies.
Travel consumption is an important consumption scenario for consumers in their daily lives. In response to the rise and rapid development of ride hailing aggregation platforms, in accordance with the "Notice" issued by five departments and laws and regulations such as the Consumer Rights Protection Law and the E-commerce Law, the China Consumers Association believes that relevant ride hailing aggregation platforms and cooperative ride hailing platform companies should protect consumer legal rights and continuously optimize the travel consumption experience in accordance with the law. At the same time, it calls on consumers to jointly do a good job in social supervision of ride hailing aggregation platforms.
1、 The provisions related to consumer rights protection, such as the Civil Code, Consumer Rights Protection Law, and E-commerce Law, are applicable to the new business model of ride hailing aggregation platforms. Operators of ride hailing aggregation platforms should attach great importance to and actively implement them. Other laws and regulations have more specific and clear provisions on ride hailing aggregation platforms, and various sectors of society can directly supervise ride hailing aggregation platforms based on this.
2、 The ride hailing platform company has direct management and verification responsibility for drivers and vehicles, and should be the first person responsible. The ride hailing aggregation platform and its cooperative ride hailing platform companies have the obligation to truthfully provide passengers with vehicle license plates and basic driver information. The ride hailing aggregation platform shall implement verification responsibilities for relevant ride hailing platform companies and shall not access ride hailing platform companies that have not obtained a local ride hailing operation license. The ride hailing platform company is responsible for the qualifications of the drivers and vehicles provided by our company. The ride hailing aggregation platform supervises cooperative ride hailing platforms to reasonably and effectively implement verification responsibilities.
3、 The right to safety is the primary right of consumers. If a consumer suffers damage due to a safety responsibility accident and requests the ride hailing aggregation platform to provide the real name, address, and effective contact information of the cooperative ride hailing platform, the aggregation platform should provide it. If it cannot be provided, the ride hailing aggregation platform shall bear the liability for advance compensation in accordance with Article 44 of the Consumer Rights Protection Law of the People's Republic of China and Article 58 of the Electronic Commerce Law of the People's Republic of China. Those who bear the liability for advance compensation should strictly regulate the determination of damages, retention of evidence, and degree of performance to avoid disputes in the future, and even situations that are unfavorable to consumers such as execution reversal.
4、 Make good use of the first inquiry responsibility system to avoid shifting blame and reducing the cost of consumer rights protection. Online ride hailing aggregation platforms and cooperative ride hailing platform companies should establish and improve the first inquiry responsibility system for consulting services and complaint handling in accordance with their respective service content, timely and properly handle passenger inquiries and complaints, actively listen to consumer opinions and suggestions, and consciously accept consumer supervision.
5、 According to the E-commerce Law, "presenting certificates, photos, and rules" is a legal obligation of ride hailing aggregation platforms. The online car hailing aggregation platform should display the company name, online car hailing app name, online car hailing business license and other information of the cooperative online car hailing platform, as well as the user agreement, service rules, complaint reporting methods and other contents of the aggregation platform in a prominent position on the mobile Internet application and related pages, so as to protect consumers' right to know.
6、 Online ride hailing aggregation platforms and cooperative ride hailing platform companies should respect the fair trading rights of consumers. Online ride hailing aggregation platforms and cooperative ride hailing platform companies shall implement requirements such as clear pricing, and shall not disrupt market order through unfair pricing behavior; The ride hailing aggregation platform shall not interfere with the pricing behavior of ride hailing platform companies, nor directly participate in vehicle scheduling and driver management, in order to maintain a fair competitive market order. The ride hailing aggregation platform, as a provider of online trading platforms, should fulfill commitments that are more beneficial to consumers. Promises that are more beneficial to consumers should not only benefit individual consumers, but also facilitate fair competition and the realization of the overall long-term interests of consumers.
7、 Strengthen the protection of consumer personal information. The ride hailing aggregation platform and cooperative ride hailing platform companies need to implement network security measures, strictly protect and manage data security, and take effective measures to prevent the leakage, damage, and loss of personal information of ride hailing passengers and passengers.
