NET about how difficult rights? Drops of 10 months for passenger rights awarded 5500-drops, drops, network about vehicle-IT information

On June 15 of this year, Zhejiang's first drops owners to delay trial of travel in Hangzhou railway transportation Court. Plaintiffs and defendants ultimately agreed to mediation, and took a taxi to the last drop is a member of the small Orange company passenger and driver, respectively compensation effect of people such as Ms 4000 and 1500 Yuan. Although Shi finally get compensation, but as long as 10 months ' experience was utterly exhausted. In fact, as the net about booming growth in passenger numbers, dispute, controversy and more. Infringement generally reflect your network about passengers, although a taxi easily, protection is more difficult .

Rights the way passengers "feel tired love"

Last August, Ms Shi and a five-member family and friends prepared to travel. Before setting off, they drop a taxi ride express service on the platform, asked the driver to 5:30 P.M. on the same day to take them to a building in Hangzhou Xiaoshan airport. Express driver orders in about 5 minutes.

"We booked the flight 7:50, a native of Hangzhou, I know 5:30 P.M. the evening rush hour began, was certainly at the moment in time. "Shi said. To ensure a smooth trip, confirmed they called ahead to the driver.

However, after the appointed time, Ms Shi and his party do not see drivers at the agreed place, then contact the driver. Show arrive, let them wait, and traffic jams on the grounds, changes in bus stations, leading to effects of Ms than appointment pick-up time was half an hour late. They finally arrived at the airport at about 7 o'clock that night, but was told the ticket system has been turned off for 5 minutes and forced to change, resulting in economic losses of 5781.

After completion of travel, Shi Ms taxi complaints to the last drop. "Drop fares said that 61 us, and US 80 Yuan for compensation, we do not agree. Because of the change, scheduled tours and accommodation were all canceled, plus changed the difference, total losses of nearly million. "Effects of Ms decided to take legal action, prosecuted the driver, asking them to endorse the loss of compensation.

Meanwhile, Ms Shi and others repeated contact with the driver, but was refused, at the request of drops for a taxi after, driver such as MS and application contacts. Driver admitted wrongdoing, but did not agree compensation. In order to gather evidence, Ms Shi and others important follow-up call recording, which became one of their prosecution evidence. Meanwhile, Shi hopes to drop the license plate number of the taxi drivers, being refused to protect the driver's privacy.

During the trial, took a taxi to the last drop is a member of the little company that just provide a platform, the main responsibility for passengers and drivers. Ms Shi, who argues that the little orange company to charge a service fee, should share the responsibility with the driver. After 2 hours of the hearing, the parties finally agreed to mediation.

"From August last year to June this year, activist a nearly 10-month period. "Shi said," the greatest feeling tired. ”

While rapid development while dispute relative

According to the China consumers ' Association lawyer Qiu Baochang, head of observation network about disputes handled by the platform, drivers and passengers in private communication, due to disputes over amounts are often not much, much dispute finally petered out into nothing, really little to court.

Market research firm iResearch report shows that by the end of 2015, China Mobile end users, drivers totalled 18.714 million people, passenger numbers totalled 399 million.

For many passengers, and is affordable, convenient network about outstanding advantages. Meanwhile, with a sharing economy network about the characteristics of the car, has forced many private car owners an extra part-time opportunities to earn extra money. But it was not to be ignored, with the net about booming passenger numbers, and the associated controversy has not stopped.

Vertically combed news report can be found in these disputes, and related to the vital interests of the passengers including: pay dispute, disclose the privacy, and choose bargaining, breach of contract, insulting verbal abuse, physical security, etc. IResearch report shows that personal information may have been leaked and safety problems, 2015 special trains (Express) software users think using networks face the biggest risk about cars.

In May this year, the Shenzhen Bao ' an district, a primary school teacher of English, took in the evening after a network about car robbery murder suspect about truck drivers for network. Drop the company later confirmed that the drivers registered and approved on the platform, but the crime vehicle licence is provisional forged.

Press Conference about mobile platform website to see in a network, registered as a network about truck drivers, just to provide information such as the ID card, driver's license, driving license, but does not include a certificate and health certificate. A network about truck drivers in Beijing Wang said after completing the registration, platforms not on the telephone or in person to verify him.

This, to a certain extent increases the risk to take the nets about a car. Preliminary investigation found that the Shenzhen public security departments, the city's network of about truck drivers group, with a drug record and 1425, troublemaking mental patient 1, significant criminal record and 1661. Shenzhen Municipal Committee of research believes that network platform driver recruiting is not strict about cars, and so on.

In addition, many passengers reflect network channels of complaints about car less, delayed processing, not satisfied with the results. The afternoon of June 22 call drops company several times, passenger complaints hotline was busy. Another important online about vehicle platform, currently only accepts messages reflect the situation, some netizens criticized for dealing with troublesome and inefficient.

"Driving" the network about how to be more "reliable"

At present, is an increasing network of the transport sector about regulation, nets around car platforms are increasing levels of internal and external management. Concerned that, for the effective protection of networks about the rights of passengers in the car, need to be stricter about truck drivers of the network access standards, clear platforms and private responsibilities, smooth channels for resolving disputes, and so on.

Civil and commercial law Professor Zhou Yun, China University believes that online about vehicle platform to provide taxi services to passengers, on the net about truck drivers have the review obligations, in order to safeguard the interest of passengers, increased network about the standard of service should be stricter entry criteria, targeted training, and so on.

It is understood that about car platform is currently working with regulators and make network security management, data auditing in on the drivers side, than peers using dynamic portrait camera acquisition data.

Meanwhile, some network drivers reflect some, because the property is not explicitly about cars, if there is a violation of passengers ' rights, platforms and drivers how to share the responsibility for the problem.

Announced in October last year the interim measures for the administration of network booking taxi business service (draft for soliciting opinions) calls, "Internet reservation taxi operators bear the liability of the carrier to ensure operational safety, safeguard the legitimate rights and interests of passengers. "This was caused by different views. Concerned that, simple contract subject of responsibility for the operation was too general and not easy to liability and dispute resolution.

Hangzhou railway transportation court official suggested that nets about a car platform to further the rights and obligations of private cars.

In addition, many passengers want to net about car platform further unimpeded channel for reflecting problems and complaints related to the timely and effective solutions. NET forest some cars in Shanghai, argues Ms network about common disputes shall be published on the website of the platform type and approach, guiding passengers to resolve conflicts and strengthen information construction, full marks to settle disputes, deadline.

Qiu Baochang recommended, in the case of powers and responsibilities are not clearly defined, net about car platform measures that could be taken to pay to protect passengers ' rights. "Platforms may establish a compensation fund, if there is prejudice to the interests of passengers, advance payments, then platform to prove it again and the driver's responsibility, to recourse against the driver. ”

Has had experience of protecting application said that nets around car platforms to the public provides a new option for travelers, but if there is a dispute, passengers are required to keep the evidence, such as contact information, drivers of vehicles, car starting and ending times, and even call history and so on.

网约车维权有多难？滴滴乘客维权10个月获赔5500元 - 滴滴,滴滴出行,网约车 - IT资讯

今年6月15日，浙江首例滴滴车主延误出行案在杭州铁路运输法院开庭审理。原被告最后同意调解，滴滴打车所属的小桔公司和司机分别补偿乘客施女士等人4000元和1500元。尽管施女士最终获得了赔偿，但长达10个月的维权经历让她心力交瘁。事实上，随着网约车乘客数量的蓬勃增长，相关纠纷、争议也越来越多。被侵权的网约车乘客普遍反映，尽管打车容易了，可维权却更难了。

维权路漫漫乘客“累觉不爱”

去年8月，施女士和亲友一行五人准备外出旅游。出发前，他们在滴滴打车平台上预约快车服务，要求司机于当天下午5点30分到杭州某大厦送他们去萧山机场。快车司机约5分钟后接单。

“我们订了7点50分的航班，作为土生土长的杭州人，我知道下午五点半晚高峰刚开始，这会儿过去是肯定来得及的。”施女士说。为确保出行顺利，他们提前打电话给司机进行了确认。

然而，约定时间到后，施女士一行未在约定地点见到司机，于是又联系司机。对方表示马上到达，让他们等待，后又以堵车为由，要求变更上车地点，导致施女士一行上车时间比预约时间晚了半个小时。他们最终于当晚7点左右到达机场，但被告知出票系统已关闭5分钟，被迫改签，造成经济损失5781元。

旅行结束后，施女士联系滴滴打车投诉。“滴滴说把61元打车费还我们，并补偿我们80元，我们不同意。由于改签，原来订的旅行团和住宿都取消了，加上改签差价，总的损失近万元。”施女士最终决定诉诸法律，将司机一同起诉，要求他们赔偿改签的损失。

其间，施女士等人多次与司机联系，但遭到拒绝，后在滴滴打车的要求下，司机与施女士等人联系。司机承认存在过错，但不同意赔偿。为了收集证据，施女士等人把后续的重要通话进行录音，这些成为他们起诉的证据之一。其间，施女士希望滴滴打车提供司机的车牌号，被对方以保护司机隐私为由拒绝。

庭审过程中，滴滴打车所属的小桔公司认为其只是提供平台，主要责任在乘客和司机。施女士等人则认为小桔公司收取服务费，应当和司机一起承担责任。经过长达2小时的庭审，各方最终同意调解。

“从去年8月到今年6月，维权用了快10个月的时间。”施女士说，“最大的感受就是心累。”

一边快速发展一边争议不绝

据中国消费者协会律师团团长邱宝昌观察，一些网约车纠纷由平台、司机与乘客私下沟通处理，由于纠纷金额往往不多，不少纠纷最后不了了之，真正诉至法院的很少。

市场调研公司艾瑞咨询发布的报告显示，截止到2015年年底，中国移动端出行服务用户中，司机数量总计为1871.4万人，乘客数量总计达到3.99亿人。

对不少乘客而言，实惠、便利是网约车较为突出的优势。与此同时，带有分享经济特征的网约车，也让不少私家车车主多了一个兼职挣外快的机会。但不可忽视的是，随着网约车乘客数量蓬勃增长，与之相伴的争议也未曾停歇。

纵向梳理新闻报道可发现，这些争议中，与乘客切身利益相关的包括：支付纠纷、泄露隐私、挑活议价、合同违约、侮辱责骂、人身安全等。艾瑞咨询的报告显示，个人信息可能被泄露和人身安全存在隐患，是2015年专车（快车）软件用户认为在使用网约车时面临的最大风险。

今年5月，深圳市宝安区一所小学的英语教师，在晚上搭乘一辆网约车后被抢劫杀害，犯罪嫌疑人为网约车司机。滴滴公司后来证实，该司机在平台上注册并通过审核，但案发车辆的牌照是其临时伪造。

记者在一家网约车平台官网上看到，注册成为网约车司机，只需提供身份证、驾驶证、行驶证等信息，但不包括无犯罪记录证明和健康证明等。北京一位网约车司机王先生透露，在完成注册后，平台未对他进行电话或当面核实。

这在一定程度上增加了乘坐网约车的风险。深圳公安部门初步排查发现，该市网约车驾驶员群体中，有吸毒前科人员1425名，肇事肇祸精神病人1名，重大刑事犯罪前科人员1661名。深圳市交委调研认为，网约车平台存在驾驶员招录把关不严等问题。

此外，不少乘客反映，网约车投诉渠道少、处理不及时、对处理结果不满意。记者6月22日下午多次致电滴滴公司，乘客投诉热线一直占线。而另一个重要的网约车平台优步，目前只接受邮件反映情况，被一些网友诟病处理麻烦、效率不高。

“急驶”的网约车如何更“可靠”

目前，交通部门正不断加强网约车的监管，网约车平台也在不断提高内外部管理水平。有关人士认为，为切实保障网约车乘客的权益，需要进一步严格网约车司机的准入标准，明确平台与私家车的权责，畅通化解纠纷的渠道等。

中国政法大学民商经济法学院教授周昀认为，网约车平台为乘客提供叫车服务，对网约车司机具有审查义务，为了切实保障乘客的利益，提高网约车的服务水准，应该进一步严格准入标准，有针对性地开展培训等。

据了解，一些网约车平台目前正配合监管部门做好安全方面的管理，如在司机端资料审核中，利用摄像头采集动态的人像数据进行比对等。

与此同时，一些网约车司机反映，由于网约车属性尚未明确，一旦出现侵犯乘客权益的事情，平台和司机如何分担责任是个问题。

去年10月公布的《网络预约出租汽车经营服务管理暂行办法（征求意见稿）》提出，“网络预约出租汽车经营者承担承运人责任，保证运营安全，保障乘客合法权益。”这一条款引起了不同的意见。有关人士认为，简单约定运营者为责任主体过于笼统，不便于责任认定及纠纷调解。

杭州铁路运输法院相关负责人建议，网约车平台要进一步明确与私家车间的权利义务。

此外，不少乘客希望网约车平台进一步畅通反映问题的渠道，相关投诉能及时有效地解决。上海的网约车乘客林女士认为，网约车平台应在网站上发布常见的纠纷类型和处理方式，引导乘客化解矛盾，同时加强信息化建设，让纠纷处理全程留痕，限期处理。

邱宝昌建议，在权责界定尚不明确的情况下，网约车平台可采取赔付先行的措施，切实保障乘客权益。“平台可设立赔付基金，如果确有损害乘客利益，先行赔付，然后平台再来论证它和司机的责任比例，向司机追偿。”

有过维权经历的施女士表示，网约车平台为公众提供了新的出行选择，但如果出现纠纷，乘客要留好证据，如车辆信息、司机联系方式、乘车起止时间甚至通话记录等。