What should a designated driver do if the ride-hailing passenger skips out on the fare?
What should a designated driver do if a ride-hailing passenger skips out on the fare?
Compiled from: Jiangsu High Court, Nanjing Gulou Court
Designated drivers usually become an "exclusive driver" for a certain platform by registering their information on a designated driver platform and provide services through the passenger information released by the platform. In this case, how should the relationship among the passenger, the designated driver, and the platform be defined? Does a labor or service relationship exist between the driver and the platform? In the event of a customer leaving without paying, can the designated driver require the platform to cover the unpaid fees?
Case Review
Liu, having long-term driving experience and having always worked in driving-related jobs, heard that being a substitute driver is a well-paying industry and wanted to give it a try. In March 2021, Liu downloaded an app launched by a company for substitute drivers to take on jobs and clients, called 'XX Substitute Driver Client,' from his phone. After checking the automatically popped-up service agreement, he registered. After successfully registering, Liu went to the company for training as required, paid a total of 700 yuan for the deposit, registration fee, and equipment fee, and also preloaded 200 yuan into his account, receiving the clothing issued by the platform.
After Liu became a platform driver, according to the agreement, after the order fee is paid by the customer, the platform only deducts the order commission, and the remaining fee is transferred to Liu's own account. The platform staff sent requirements such as assessment mechanisms, reward and punishment mechanisms, and minimum workload through group chats, and specifically emphasized via WeChat that drivers must not collect cash from passengers.
During his time providing designated driving services, Liu completed nearly a thousand orders but also encountered some annoying situations. Three passengers skipped out on the payment, leaving 405.50 yuan in driving fees unpaid. When Liu contacted customers to urge payment, they often responded with, 'I placed the order through the platform, if anyone wants to contact me, let the platform contact me.' Later, Liu was complained about for other behaviors that did not comply with the platform's regulations while providing driving services, which led the platform to forcibly terminate his service eligibility. Liu has not received payment for these three orders.
Liu filed a lawsuit in court, requesting the platform to pay the fees after deducting a 20% commission from the order, and to refund the deposit, registration fee, equipment fee of 700 yuan, and account balance.
The Nanjing Gulou Court, after trial, held that according to the platform company's charging model and management regulations, Liu, as a designated driver, only receives service fees through the platform company's payment. If losses occur due to customers absconding from payment, requiring the designated driver to pursue the unpaid fees or bear the corresponding losses would create a serious imbalance of rights and obligations between the parties. Currently, Liu's request for the platform company to pay the fees for three orders after deducting the agreed commission is supported by the court. Considering the overall performance of the contract and the reasons for its termination, Liu's request for the return of the deposit and account balance is supported, whereas his claims for the refund of registration and equipment fees are not supported.
After the first-instance judgment, the platform company was dissatisfied and appealed to the Nanjing Intermediate Court. The Nanjing Intermediate Court rejected the appeal in the second instance and upheld the original judgment.
[4] Author's Opinion
Currently, with the vigorous development of the online economy, the concept of the "Internet" has penetrated various traditional industries. The online designated driver platform involved in this case belongs to a new industry model of "Internet chauffeur services." Under this model, the legal relationships and rights and obligations among the designated driver, the person being driven, and the platform company give rise to a series of new issues, among which the more common ones include how responsibility is assumed in the event of a traffic accident and how insurance claims are handled.
While platform companies leverage their own network resource advantages to generate profits, they should also bear their own obligations in the employment relationships of new business formats, establish more complete management systems, regulatory duties, and rights protection frameworks, and promote the stable and healthy development of the new business platform economy. At the same time, as designated drivers, they should also be willing and adept at using legal tools to safeguard their legitimate rights, which will also play a positive role in further standardizing the operation and management of online platform economy entities.
