□ Our reporter Han Dandong
□ Lin Yinting, an intern in this newspaper
Recently, some netizens reported that an appointment to move on the cargo Lala platform, less than two kilometers away, was charged a moving fee of 5,400 yuan, causing widespread concern.
Good Lala responded via official Weibo that after the incident, a special handling group was established. The platform driver, Doumou, seriously violated the platform rules, has been banned by the platform and cleared, and can no longer join the platform for life. In response to the mental harm caused to users, Huala hopes to negotiate with users on an equal basis and compensate them.
This is not alone. In recent years, cases of online services about moving services have been criticized frequently. Experts interviewed by a reporter from the Legal Daily believe that at present, the online moving service industry is showing a chaotic development trend, vicious price competition, vague charging standards and so on are common, and urgently need to strengthen supervision.
There are occasions where prices start to sit
Infringes many rights of users
When referring to the incident of "high price handling fees" for cargos, Zheng Ning, the director of the Law Department of the Cultural Industry Management School of the Communication University of China, bluntly stated that there was a lack of management of the platform in this incident. In terms of contract relativity, the customer and the platform have reached a contractual relationship, and the relevant mover has no right to change the contract terms on behalf of the platform and the customer. The platform should formulate a clear charging standard for the range of more than 50 meters away from pure manual handling to avoid the behavior of relevant personnel asking for prices.
Zheng Ning said that for consumers, the incident violated consumers' right to know, fair trading rights, and independent choices. Consumers can complain to the Consumer Rights Protection Association or the market supervision department. If they cause large losses, they can directly file a lawsuit in the people ’s court.
Zheng Ning believes that cargo larra mentioned in the terms of service that cargo larra only provides intermediary services for the transport party and users, and does not participate in specific cargo transportation transactions, such as those caused by the cargo transportation transaction itself and users and third parties. Any disputes or responsibilities have nothing to do with the goods. However, this kind of "disclaimer" type clause is suspected of violating the provisions of Articles 40 and 53 of the Contract Law. Nor can it unilaterally exclude the basic obligations of agreement providers.
In 2019, the Ministry of Transport and the State Administration of Taxation issued the "Interim Measures for the Management of Road Platform Cargo Transportation Operations," Article 17 of which states that network freight operators shall establish and improve transaction rules and service agreements, specifying the actual carrier Vehicle and driver entry and exit platforms, the protection of the rights and interests of shippers and actual carriers, establish a service evaluation system for actual carriers, and publicize service evaluation results. Network freight operators shall establish and improve complaint and reporting mechanisms, publicize complaint reporting phones, and promptly accept and handle complaint reports. Network freight operators are encouraged to establish an online dispute resolution mechanism, and formulate and publicize dispute resolution rules.
In the view of Han Yingwei, a senior partner of Beijing Yingke Law Firm, the matter reflects problems such as regulatory loopholes in the Lala platform and poor internal communication information. The platform should strengthen the supervision of drivers, beware of the drivers' starting price and private charging; they must unblock internal communication channels, enhance the platform's ability to deal with emergencies, and enhance the user experience. Consumers should enhance their legal awareness, especially the awareness of evidence collection, and save relevant evidence in time to effectively protect their rights.
"Legal Daily" reporters searched on social platforms and found that there are still a lot of complaints about the price of the online service service driver. For example, "Moving from community A to community B stipulates that each stay should not exceed 30 minutes, and a total of more than 30 minutes will be charged." "After negotiating the price, you will have to increase the price by 100 yuan at the destination."
Violent competition to carry passengers
Industry chaos emerges endlessly
In July 2019, Carla pulled down freight rates in many regions of the country. The long-distance freight rate of Tianjin freight pullers is decreasing, and the price for 81 kilometers or more is 1.8 yuan / km; the freight charge for 81 kilometers and above in Kunming is reduced to 2.8 yuan / km; the starting price of freight pullers in Zhengzhou is adjusted to 50 yuan / 5 kilometers. Subsequently, the competition between Carla and Kuaigou became increasingly fierce, causing dissatisfaction among the driver group.
There is a view that in recent years, the price war in the online service industry has started, and the industry's practice of raking in commissions has repeatedly compressed the income of the driver, or one of the reasons for the driver to increase the price in private.
Han Yingwei noticed that at present, the online contract moving service industry is showing a chaotic development trend, "Vicious price competition, vague charging standards, non-standard oral and written contracts, low entry threshold, lack of supervision and other phenomena always exist."
Zheng Ning also mentioned that there are various problems in the online service service industry, such as illegal passengers, floor prices, harassment of users, body advertisements, private transportation of dangerous goods, drivers' dangerous driving, loss of goods and damage to personnel, and casualties.
"Although the cargo truck platform claims that the vehicle cannot accept passenger orders, and the carriage of passengers in the cargo compartment is a serious violation. However, there are still some truck drivers who are picking up passenger orders on the grounds of 'no loading, unloading, and running It ’s also fast and saves a lot of trouble. ”In order to improve their visibility and build a brand image, many online freight platforms require the resident drivers to paste the car stickers with the platform logo on the body of their own trucks. Punish. "Zheng Ning said.
It is understood that on May 29, 2019, the cargo Lala platform was jointly interviewed by the Shanghai Municipal Transportation Commission Law Enforcement Corps, the Traffic Police Corps and the Urban Management Law Enforcement Department, and ordered to rectify within one month of the deadline to remove all illegal business operations set on the body. ad.
In addition, the issue of low earnings for drivers on online platforms and the unreasonable protection of their rights and interests are also worthy of attention.
In recent years, many investments have flowed into the same-city freight industry. Under fierce competition, some Internet freight platforms such as Aegis Express, SuperPay, Blue Rhino, and No. 1 cargo have gradually declined, and the stand-out cargo pull and fast dog taxis have become Currently the head company of online freight platform.
"The operating modes of the two platforms are similar, that is, to attract capital injection through continuous promotion, rely on price wars to occupy the market, and oligopolistic competition allows customers and drivers to choose one from the other. The fierce competition between platforms has lowered prices. It's a good thing for customers. But as the price war continues, the driver's income is suppressed too low, causing drivers to increase prices in private repeatedly. "Zheng Ning said.
Formulate industry development norms
Increase supervision and discipline
Han Yingwei believes that the regulation of the online contract moving service industry is imminent, on the one hand, it will make the industry develop compliance, enhance the self-discipline of the industry, and promote the long-term healthy development of the online contract moving service industry; Bring a good user experience to consumers.
Regarding how to block the management loopholes of the enterprise, Han Yingwei suggested: first, strengthen the introduction of high-quality network technical talents, and enhance the establishment and improvement of the enterprise's network platform; second, the enterprise should strengthen internal control, ensure clear job responsibilities, and strictly implement accountability Third, establish consumer feedback mechanism for consumer experience, improve and perfect customer service mechanism, and create a good user experience environment for customers.
Regarding how to regulate industry development, Han Yingwei suggested: first, formulate industry development norms and standards, make fees transparent, strengthen supervision, and implement a disciplinary mechanism; again, establish a certificate-taking mechanism for movers, implement pre-job training, and improve service quality; Finally, improve consumer complaint channels, enhance dispute resolution and mediation mechanisms, enhance user experience, establish a good industry image for consumers, and increase consumer trust.
In Zheng Ning's view, as an intermediary party, the online contract platform must further improve the operation model and evaluation system to effectively protect the legitimate rights and interests of both customers and drivers.
"First, the freight platform should strengthen the business training for drivers and increase the entry threshold; second, complaints to customers and drivers should be timely feedback to effectively protect the legitimate rights and interests of both parties; third, the platform can also improve safety through technical means. Ability, such as driver background review, route design, transaction process monitoring, etc .; fourth, the platform should compress platform management fees, formulate pricing rules that match market conditions; fifth, operate in good faith, and not infringe by low-cost inducement and other methods Consumer rights; sixth, the transportation department and market supervision department should strengthen supervision and punish illegal and untrustworthy enterprises, which can be blacklisted. "Zheng Ning said.