What distinguishes Uber of similar applications available on the market, it was the fact that it is not linked to any taxi company. Photo: Wikimedia Commons, Alexander Torrenegra from Secaucus, NJ (New York Metro), United States
in connection with the ongoing public discussion on the benefits and potential risks for competition and consumers from Internet platforms on the market carriage of passengers, the OCCP presented its position on this issue.
So far, there is no reason to intervention
the existing monitoring and analysis did not indicate the need for the intervention of the office, both in terms of protecting the interests of consumers and competition – we read in the writing of the OCCP.
Uber operates in the Polish cities since 2014.
Uber is an American entrepreneur based in San Francisco, created in 2009., which is the developer of applications for mobile devices used for ordering car transport by associating passengers with drivers transport service providers. The company operates on a global scale; is present in many cities and in many countries. In Poland, the service Uber available in Warsaw (since August 2014.), Krakow (from April 2015.), Tri-City (June 2015.), Poznan (November 2015.) And Wroclaw (since November 2015. ). Drivers who work with Uber, since February 2016. Provide evidence of economic activity.
What distinguishes Uber from other taxi companies
What distinguishes Uber from similar applications available on the market, it was the fact that it is not linked to any taxi company.
Other applications allow access to transport services provided by a specific number of corporations according to the tariffs set by these corporations.
Uber sign the agreement in addition to the drivers, who are not required to have a license for passenger transport by taxi. The fare is not calculated on the basis of indications of the taximeter, but based on the actual length of the route and travel time, which are determined using GPS receivers in mobile devices.
Associate passengers and drivers is not automatic – users can choose the driver after hearing the type of vehicle control and assessments, which set him to other users.
the service Uber is thus based on modern information technologies: taximeters replaced by applications for smartphones and feature licensing replaces Social and transparent evaluation of the quality of services .
OCCP: the nature of the service Uber similar to other intermediaries
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held by the OCCP information, the provision of Uber is to provide and use electronic platform, using the contact is between the driver and the customer and payment. While the drivers perform only transport service. Therefore, the responsibility of Uber is correlated with some (in terms of the possibility of using the application on the phone, payment handling), while the drivers – includes performing transport. It seems, therefore, that we are dealing with services similar to those provided by other intermediaries such as platforms for hotel bookings, rent a private apartment or to make purchases from individual sellers.
service called “economic sharing”
the appearance on the market of this type – called “sharing economy” (sharing economy) – is a result of rapid changes in the technology market and consumers’ expectations that the services of various types will be provided via the Internet.
According to estimates, “the economy of sharing” generated sales of $ 26 billion by 2013 and probably exceeds $ 100 billion in the near future.
Investor of the Uber: perfectly sensed the trend for 10 years will be a great company
ZR. Bloomberg / x-news
The number of taxi licenses in Poland at the end of 2014. Amounted to 61 thousand. of which Warsaw, Kraków and Gdańsk accounted for, respectively, approx. 10.5 thousand., approx. 4 thousand. and approx. 2.5 thousand. license. There is no comparable data for Uber, but he gives that from the beginning of its operations in Poland has received over 40 thousand. applications people willing to operate the service within its network.
The services provided by Internet platforms are a challenge for traditional service
In Poland, following the significant increase in value services provided to consumers through the Internet platform. There is no doubt that it causes significant changes in the market through increased competition. Although consumers are the beneficiaries of this competition, it can be a major challenge for the existing entrepreneurs operating in these markets. In these circumstances it is understandable that there are allegations of violations of competition rules and consumer protection, and waiting for the response of the OCCP.
OCCP increased monitoring of the passenger transport market
in response to these expectations, the OCCP already in 2015 intensified the monitoring of the passenger transport market and an analysis of the legal and economic aspects of its operation in Poland and other jurisdictions.
OCCP: the main advantage Uber are lower service costs and functionality
According to the President of the OCCP, the main competitive advantage Uber has its source in the use of modern information technology, which on one hand allow to provide consumers with functionality not available in traditional services taxi and on the other – reduces the cost of basic services through more efficient use of the fleet.
Uber therefore exerts competitive pressure on the market for traditional taxi services. Its expansion can be compared to the popularity of taxi corporations in major Polish cities at the end of the last century.
OCCP: expansion Uber does not constitute an elimination of competition
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It is stressed that innovation Uber does not show evidence of actions aimed at eliminating competition. The basic technology that uses Uber are not protected by patents, it is therefore possible to use this business model by competing entrepreneurs who may subject it to further modifications for the benefit of the development of competition and therefore consumers. Evidenced by the availability of competitive apps like Uber in Poland and other countries.
Additionally, the type of service proposed by Uber may not be optimal for all consumers, not as it provides features such as the anonymity of passengers or the possibility of payment in cash, which may be important for some passengers.
OCCP about the other concerns around services Uber
other concerns about Uber focus precisely on the issue of protection of passenger rights, including the protection of their personal data and security. UOKiK agrees that the fundamental issue for passenger transport is passenger safety. Currently operating rules require drivers providing the above services required to have relevant documents and licenses.
In particular, these include: a statement of no criminal record, certificate of acceptance of the vehicle on the road, liability insurance and a license taxi driver.
held by the OCCP information indicates that the driver works with Uber must meet, among others, the following requirements: be 21 years old, have a driving license for at least one year. Uber verifies a clean criminal record, certificate of possession penalty points (history of traffic offenses) and held insurance. The car can not have more than 10 years. Any compensation paid to the insurance held by the driver.
OCCP: passenger Uber is informed of the difference from the use of its services to transport taxi
The assessment of whether these safeguards are sufficient, it requires analysis by other state organs responsible for passenger transport. From the point of view of the OCCP, the essential issue in this context is whether the consumer is adequately informed that the use of services through the platform Uber different from the carriage taxi. Based on the data available on the website of the entrepreneur, the consumer does not seem to be misled as to the nature of Uber. The Terms of Service are available there, were clearly divided, what are the rules of liability Uber, and what drivers. Uber reserves that do not provide any transport services nor a carrier. Also claims that it is not party to the agreement for the provision of transport services (this agreement is concluded between a consumer and a driver).
The liability related to the transport services-contract using the application thus bears the driver who provides these services. Uber bear while responsibility to the consumer for the irregularities resulting from the use of the Uber website or application. It seems that consumer using mediation Uber should therefore be aware that you will not have to deal with the service provided by licensed taxi drivers. Therefore it could be that consumers are misled as to the qualifications and requirements met by drivers who are in the Uber system.
Notifications price of the service
it is worth noting that the obligations, such as the use of taximeter, displaying information about the amount of the tariff on the vehicle, or compliance with maximum tariffs, are designed to protect passengers from unfair drivers.
OCCP: Uber provides no less than other carriers level of protection against fraud concerning fees
in the opinion of the OCCP, the service Uber provide no less protection against this type of abuse, because the fees are calculated on the basis of transparent tariffs and objective parameters .
Uber clearly the pricing. At the trader’s website, after selecting the city, it is the opportunity to receive information on the price list, in the case of Warsaw “basic fee 5 zł + 0.30 zł per minute + 1.40 zł per kilometer fee min. 5 zł, the fee for the resignation of 10 zł. ” At the trader’s website and in the application is the possibility of obtaining “the estimated cost of transport” (to be in this to indicate the place of collection and destination), eg. For Warsaw Uber reserves that the estimated rates may vary depending on traffic, weather and other factors. The estimated cost does not include fixed rates, discounts or promotions. Displays routes are only examples, and may not reflect the routes on the basis of which the estimated cost.
Support for the complaint
Another important issue is the handling of complaints. In this regard, in the opinion of the President of the OCCP, the activities of the company Uber should not result in lowering the current standards, and the information obtained directly from the trader showed that it has the appropriate organizational base to enable smooth handling of consumer issues in the context of transport services. From the information held by the OCCP shows that Uber is no clear system of complaints that may be made through the application, phone or by email. It should also be noted that since the start of the Uber operations in Poland to date, the President of the OCCP has not received any consumer complaints on Uber, this also has not received signals indicating the existence of irregularities in connection with the handling consumer claims by the entrepreneur. Considering the above, at this stage we have no information justifying the adoption by the President of the OCCP activities as authoritative in matters of practices infringing collective consumer interests.
Competition conditions
In the discussion on competition from Uber scrolls the aspect of the tax. There are opinions that drivers operating platform based on Uber do not pay premiums and taxes on income. In addition, there are questions about whether the company Uber as such should not pay taxes in Poland. In the opinion of the OCCP, these issues should be analyzed from the regulatory, also in the context of creating a level playing field of competition. It is worth quoting the position of MF [1], according to which: individual income earned from the provision of transport services, this application subject to income tax from individuals on the principles laid down in the Act of 26 July 1991. Tax Income individuals.
OCCP: input Uber positive effect on competition
as underlines the government’s policy competition and consumer protection, the main objective of the competition is to provide the conditions for its functioning wherever it may lead to an increased economic efficiency and innovation, and as a result – consumer welfare.
in the opinion of the OCCP, the entrance company Uber local markets passenger transport in Poland, as well as its track record , affects the development of competition in these markets, which has a positive impact on the situation of consumers.
for consumers, the emergence of a new carrier means an increase choice, and for other market participants is a challenge to improve the quality and innovation of its services .
OCCP: changes in the market may indicate the need for adjustments to regulatory
OCCP sees the fact that changes in the market may indicate the need for adjustments to the regulatory areas related to security, privacy and equality in tax obligations. Nevertheless, possible regulatory changes in these areas should be balanced and proportionate to the scale of the problems identified. They should generally contribute to the development of innovative and desired by consumers of services and avoid solutions that sprowadzałyby to unreasonable protection of incumbent competitors.
As we read in the message, due to the dynamic nature of the services provided by Uber and other undertakings in the market internet platforms Authority will continue to actively monitor their activities. Within the existing monitoring OCCP conducted proceedings on online platforms reservation of accommodation, which in October 2015. Resulted in a voluntary withdrawal by entrepreneurs from the use of broad MFN clauses that could restrict competition.
PAP message OCCP jk
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