Official: Online car-hailing platform companies should implement clearly marked prices and provide invoices
China News Service, July 28, "Interim Measures for the Management of Online Booking Taxi Business Services" was announced today to clarify the legal status of online car-hailing. The "Measures" make it clear that online car-hailing platform companies shall reasonably determine the freight rate of online car-hailing, implement clear pricing, and provide passengers with corresponding taxi invoices.
In response to the business behavior of online car-hailing, the "Measures" point out that the online car-hailing platform company assumes the responsibility of the carrier and shall ensure the safety of operation and protect the legitimate rights and interests of passengers. It shall ensure that the vehicles providing services have legal operating qualifications, are in good technical condition, have reliable safety performance, and have relevant insurance for operating vehicles. It shall ensure that the vehicles providing services online are consistent with the vehicles actually providing services offline, and report the relevant information of the vehicle to the taxi administrative department where the service is located.
At the same time, the online car-hailing platform company shall ensure that the drivers providing services have legal professional qualifications, and sign various forms of employment contracts or agreements with the drivers in accordance with relevant laws and regulations, according to the characteristics of working hours and service frequency, etc., to clarify the rights and obligations of both parties. The online car-hailing platform company shall safeguard and protect the legitimate rights and interests of drivers, carry out pre-job training and daily education on relevant laws and regulations, professional ethics, service norms, safe operation, etc., to ensure that the drivers providing services online are consistent with the drivers actually providing services offline, and report the relevant information of the driver to the taxi administrative department where the service is located.
The "Interim Measures" emphasize that online ride-hailing platform companies should publish and determine the metering methods that comply with relevant national regulations, clarify service items and quality commitments, establish a service evaluation system and a passenger complaint handling system, and truthfully collect and record driver service information. When providing online ride-hailing services, provide driver names, photos, mobile phone numbers and service evaluation results, as well as vehicle license plates and other information.
Online ride-hailing platform companies shall not impede fair competition in the market, and shall not infringe upon the legitimate rights and interests of passengers and social public interests. They shall not engage in unfair price behaviors such as crowding out competitors or monopolizing the market, operating at a price lower than the cost, disrupting the normal market order, and harming the legitimate rights and interests of the state or other operators. They shall pay taxes according to law, purchase carrier liability insurance and other related insurance for passengers, and fully protect the rights and interests of passengers.
Online ride-hailing platform companies and drivers shall provide operating services in accordance with relevant national operating service standards, shall not dump passengers on the way or deliberately detour, shall not charge illegally, and shall not retaliate against passengers who report, complain about the quality of their services, or make unsatisfactory evaluations of their services.
The online ride-hailing platform company shall inform the purpose, method and scope of the collection and use of personal information of drivers, riders and passengers in a prominent manner through its service platform. Without the express consent of the information subject, the online ride-hailing platform company shall not use the aforementioned personal information for other business purposes. The collection of personal information of drivers, riders and passengers shall not exceed the scope necessary to provide online ride-hailing services.
Except for cooperating with state organs in exercising supervision and inspection powers or criminal investigation powers in accordance with the law, online ride-hailing platform companies shall not provide any third party with the names, contact information, home addresses, bank accounts or payment accounts, geographical locations, travel routes and other personal information of drivers, ride-hailing and passengers, and shall not disclose sensitive information related to national security such as geographical coordinates and geographical markers. After information leakage occurs, online ride-hailing platform companies shall promptly report to the relevant competent authorities and take timely and effective remedial measures.
The "Interim Measures" stressed that the network about the car platform company should comply with the relevant provisions of the national network and information security, the personal information collected and generated business data, should be stored and used in the Chinese mainland, the retention period of not less than 2 years, except as otherwise provided by laws and regulations, the above information and data shall not flow out.
No enterprise or individual shall provide information docking to vehicles and drivers who have not obtained legal qualifications to carry out online car-hailing business services. No online car-hailing business services shall be provided in the name of private passenger car sharing. Online car-hailing vehicles and drivers shall not provide operation services through online service platforms that have not obtained business licenses.