The driver's "late night service card" function is turned off, and the order volume is reduced.
The plaintiff, Mr. Yang, claimed that he took the order at around 22: 00 on 20 1 181October 5, and all the passengers were drunk after arriving at the destination. Mr. Yang did not close the order and called the police at the same time. The passenger dropped his mobile phone in the car and Mr. Yang returned it to the passenger. Because the passenger was drunk, his mobile phone was dropped twice, and Mr. Yang picked it up and returned it. The mobile phone is not damaged. After the police recorded Mr. Yang's personal information, they told him that he could leave.
The next day, Mr. Yang's "late night service card" function was closed by the online car company, and female passengers and night orders could not be accepted. After learning about it, Mr. Yang contacted the customer service of the platform and was told that it was caused by a safety complaint of drunken passengers last night. 165438+1On October 8th, Mr. Yang resumed the qualification of "Late Night Service Card". However, due to the observation period set by the online car company, Mr. Yang still couldn't receive the female passengers and late-night orders, and the order volume was greatly reduced, and the daily flow dropped from 750 yuan to 300 yuan -400 yuan. Therefore, he appealed to Beijing Internet Court, demanding that the online car platform compensate for the loss 16000 yuan.
The defendant company argued that the trading rules and agreements reached between the defendant and the plaintiff on the special service items of "Late Night Service Card" were reasonable, true and effective, and were binding on both parties. The defendant received a passenger safety complaint, and the plaintiff's behavior violated the corresponding rules of the "late night service card", so the defendant suspended its "late night service" with factual and legal basis.
After the plaintiff complained and evaluated, the defendant thought that the plaintiff's circumstances were minor, and after a reasonable observation period, he decided to restore the plaintiff's "late night service" function. The defendant suspended the "late night service" for the plaintiff's account to exercise the autonomy and management right of the Internet platform. The loss claimed by the plaintiff has no legal basis. If the plaintiff violates the agreement of the "Late Night Service Card" on the transaction, the consequences shall be borne by the plaintiff.
Court: The normal operation of drivers should not be arbitrarily restricted on the grounds of platform rules.
After the trial, the court held that according to the platform user rules, if the user violates the rules, the defendant network car company has the right to investigate the user's violation responsibility according to the rules. After receiving the complaints from passengers, the network car company initially determined that the driver violated the platform rules and management requirements and restricted the use of its late-night service card function, which met the requirements of protecting the interests of unspecified passengers in society.
However, when Mr. Yang provided the alarm records and the orders involved for many times, the defendant company failed to abide by the agreement on rechecking the facts in the platform rules, and took restrictive measures against Mr. Yang for one month without actual fault. As can be seen from the police video, the plaintiff in this case did not have any misconduct, so the measures taken by the defendant company lacked reasonable and sufficient basis, and its failure to comply with the rules of platform users constituted a breach of contract.
As the operator of the e-commerce platform, the defendant company is the link connecting all parties. It must reasonably balance the rights and interests of drivers, passengers and the platform, not only to protect the personal and property safety of passengers, but also to harm the legitimate rights and interests of drivers. It is worthy of recognition that the defendant company takes the principle of safety and efficiency as the basis of platform operation, but when implementing the platform rules, it should consider the specific circumstances of each case and make practical judgments, and should not arbitrarily restrict the normal operation of drivers on the grounds of platform rules.
The court ruled that the defendant company compensated Mr. Yang for all the losses of 4,000 yuan according to the daily income difference before and after the function of the "late night service card" was restricted, and taking into account the expenses such as oil as appropriate.
Editor Pan proofreads.