In recent years, appeals to the Consumer Disputes Commission (TVK) related to disputes arising when ordering various services through smart applications, e.g. renting a car or scooter, ordering a taxi or ordering food through an intermediary, have increased.
Veiko Kopamees, head of the Secretariat of the Consumer Disputes Committee of the Consumer Protection and Technical Supervision Agency, explains how to avoid problems and disputes when using such services.
First, be sure to familiarize yourself thoroughly with the terms of service provision and your own obligations, to make sure that you behave correctly. For example, one of the most important requirements when renting a vehicle is that the vehicle must be inspected and its faults fixed before driving. Otherwise, the trader can submit a claim for damages to the consumer, as if the consumer had caused the injuries to the vehicle while using it.
However, if you have caused damage to the vehicle yourself while using it, it is your primary duty to inform the dealer immediately. To do this, the damage to the vehicle must be photographed and the fixed errors must be forwarded to the trader’s official e-mail. Notification through the application is also a good option, but for the sake of clarity, it is still more correct to notify the trader regarding the damage by e-mail.
Also, the trader as the claimant has the obligation to prove the damage. TVK has found that the trader must prove the basis of the claim and the liquidated damages claim must not be bare. The parties have the burden of proof of the circumstances and claims presented by themselves, analogously to a dispute in court.
If there are any errors in the application, notify the service provider immediately
Validation is also important in case of technical failures of the application. For example, complaints have been regarding errors in the application, which made it impossible to end the ride. In this case, the consumer should try to report the problem immediately, either through the service provider’s communication channel or the company’s official e-mail. A screenshot or other proof should be attached to the notification to confirm the occurrence of the malfunction. The above is important because in the event of a dispute, the consumer must be able to prove his claims. There are several decisions in the commission where the party to the dispute has no evidence to support its claims, and therefore the matter has been resolved to the detriment of the consumer.
It is also stated in the complaints that the service provider cannot be contacted or the answer comes the next day. It is unthinkable that the consumer will stand next to the car and wait for a solution to the problem. Even in this case, the consumer must record the problematic situation and send the complaint immediately to the official e-mail of the service provider, and it is advisable to ask the service provider for confirmation of receipt of the letter.
At the end of the trip, make sure that the trip is completed in accordance with the trader’s terms of use
Be careful and finish driving in such a way that you do not have additional obligations. For example TVK has settled a dispute where the consumer did not end the ride in accordance with the conditions stipulated for using the vehicle on the online platform. The consumer only locked the doors in the application, but did not press the “stop driving” button. As a result, the use of the vehicle was not terminated and the obligation to pay the rental payment continued. The consumer found that the trader does not have the right to demand the rental payment for the time when the consumer did not actually use the vehicle. The commission explained that, despite the failure to complete the trip, the vehicle was at the consumer’s disposal, and the fact that the consumer did not use it does not change the trader’s right to demand rent. The consumer also had to pay for the time when he did not use the vehicle and had, in his opinion, stopped driving.
Reading the conditions more carefully will help you avoid paying an excessive rental fee. Even if it may be a human error, the trader does not have to bear the damage caused when the service is terminated.
Be careful where you can park your vehicle
In connection with the termination of the drive, TVK has had to resolve several complaints related to the parking of the vehicle in an unauthorized zone. The no-parking zone is usually marked in red. In order not to receive a fine, you must carefully follow the conditions and park the vehicle in the permitted zone shown in the application. Unfortunately, in the event of a dispute later, excuses that “there were no van parking areas nearby” or “the first allowed zone was too far away“. Of course, when parking, you must take into account the traffic law and park as prescribed by traffic management tools and road markings.
Even when renting a scooter, the rules of the service provider must be followed so that the permitted driving area is not exceeded and the vehicle is returned to the permitted area. If the consumer does not use the scooter as stipulated in the conditions, the trader has the right to demand a liquidated damages.
When ordering a taxi, food or flowers, you must also be familiar with the standard conditions of the platform
For example, it is not possible to file a claim for cooled food if the food has already been eaten. However, a successful complaint can be filed if the trader offers to sell a bouquet of flowers, which, upon arrival, is very different from the one shown in the photo.
When ordering a taxi, you should carefully monitor which additional fees may be attached to the service. There have been situations where the trader has changed the price during the ride. It is important to record the defect of the product or service, because it is not possible to resolve the dispute without evidence. If the trader is still not willing to satisfy the consumer’s claim and the consumer has evidence of a lack of service, he can file a complaint with the Consumer Disputes Commission.
The procedure of the Consumer Disputes Commission generally lasts 90 days. First, the commission turns to the trader for explanations, following which the consumer can raise objections. The parties have the obligation to provide evidence to support their claims. If no agreement is reached, the dispute is sent to the commission for a decision. The trader has 30 days to comply with the decision of the Consumer Disputes Commission. In case of non-compliance with the Commission’s decision, the trader will be added to the list of companies that do not comply with the decisions of the Consumer Disputes Commission.
2024-05-01 11:40:17
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