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Protecting The Customer's Right On Online Car Service Field

Posted on:2019-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:Z H SuFull Text:PDF
GTID:2416330545959433Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The advancement of Internet technology has promoted the development of the sharing economy.The online car booking service,as a product of the sharing economy,has become the alternative choice for people to travel.Consumers are also facing potential threats while enjoying the travel convenience brought by online car booking service.The online car booking field consumer refers to the subject of accepting online booking service for life consumption;At the same time,it discusses that protecting consumers' rights and interests is necessity to promote economic development and stabilize service order.The second part is about the protection of the customers' right to know.There exist economic and political reasons to protect it.The content of the consumer's right to know includes the information of the reservation vehicle,the driver's information and the calculation and payment method of the online booking service's price,and the information provided by the online vehicle platform should satisfy the three characteristics of truthfulness,abundant,and effectiveness.In view of the current question about non-exhaustive disclosure of the platform,the unreliability of consumer remedies and the ambiguity of legislation,it can be improved from improving the disclosure system and increasing penalties for providers of false and misleading information.The third part increases the protection of fair trade rights for consumers by restricting the restrictions on the format contract,distribution of orders,and unilateral price increases.That is,the form of the contract is limited in three aspects: the conclusion of the contract,the interpretation,and the validity determination;the restriction of dispatch orders are completed by asking the platform to aggregate the vehicles around the consumer and sent to the consumer after receiving the customer's request;the price regulator can unilaterally increase the price limit of the online platform by guiding the pricing model.The fourth part realizes the protection of consumers' damages by clarifying the subject of compensation and the scope of compensation.The breach of contract and Infringement are discussed separately.In the event of a breach of contract,the online platform and the taxi company shall bear the liability.The scope of compensation shall include direct property losses and predictable and determinable indirect property losses.In the case of infringement,it is the responsibility of the vehicle platform and the driver to take responsibility for each other's fault.If the driver is in the performance of a duty,the online platform or the taxi companyassumes employer responsibility;In the event that the drivers commit an illegal act,the drivers are responsible for compensation.In addition to property infringement,the scope of compensation includes personal damages and compensation for mental soothers.On the implementation of rights and interests protection and institution building.Applying commercial insurance as an application condition for driving licenses for online vehicles,and discussing the contents of insurance clauses in terms of types of insurance,period,odds,and insured;Establish a credit system,and realizing the share of the information about the Internet vehicle platform,third-party credit bureaus and the government,thereby encouraging the online car booking industry;Finally,the procedures are improved through the promotion of non-litigation network dispute resolution mechanisms and the creation of small-scale litigation.
Keywords/Search Tags:online car booking service, customer, the right to know, fair trade rights, right of claim
PDF Full Text Request
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