Study On The Protection Of Passenger Rights And Interests In "Network Special Car"

Chauffeur-driven car-on-demand service differs from cruising taxi industry looking for customers,and its management mode is distinct from corporation management in which the scale of the company is regulated and consolidated mode operated by individuals.As its network platform can play role of traffic service networking providing and traffic service operation.Benefiting from that,there APP ears a new operational mode which takes network-reservation platform as the core,integrates resources of management service,and realizes re-allocation of resources.And this new business mode have several service features,including having very varied and complicated legal relationships inside,carrying out short-term transactions by setting up network platform,revitalizing social idle resource,intensifying the service of diversity and individuation,and having asset-lite management and operation etc.To look into the source of traffic resources of network platform,although the business mode can be divided to heavy assets mode and light assets mode,the legal status of the platform which can be the carrier in passenger transportation contracts will not be affected.In chauffeur-driven car-on-demand service,the network platform uses strategic measures to target passengers,high-tech methods and new operational mode to make passengers become the major part of customers.But it also faces some problems,which contains lack of special adjustment by civil law,being hit by large data technology,lack of regulation of protection duty for platform data,and inadequate government supervision and protection of rights and interest due to lagging industry self-regulation.Therefore,based on that the contract law intends to strengthen three obligations of the carrier with network platform---guaranteeing the conditions of transportation,accomplishing the aim of transportation,and safety guarantee---standard terms made by the platform to exempt from the responsibility of its own,aggravate the responsibility of passengers,and exclude the main rights of passengers shall be invalid.And the mental damages request on account of breach should be supported to perfect the protection system of passengers' rights and interest in chauffeur-driven car-on-demand network service contract.In a light of liability for tort,the platform shall be the subject of liability,and if the right to personal information,privacy,life,health and property security of passengers once be infringed,the assignment of responsibility should be achieved on principle of liability for tort,to check whether the reasonable duty of care is violated and meanwhile protect passengers' rights and interest.In the context of consumers' rights and interest protection,punitive damages clauses shall be reinforced,the validity of passengers' right of rescission will be recognized,rights granted by consumer's interest protection law should be firmly guaranteed to improve civil protection on passengers'rights and interest in chauffeur-driven car-on-demand service,motivate normalizing this new industry,and achieve orderly operation of passenger transportation market.