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Who Takes Responsibility of Your Ola, Uber Rides?

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Uber Mobile App

It was a freezing night on 2nd January. It was almost touching zero. The year was 2002.

But it could not stop Raveena from venturing out at 1 am. Raveena, an intern with a leading financial daily, cracked a scholarship with a reputed US college and was on her way to follow her dreams.

Raveena came out of the premise where she spent the first 24 years of her life. But, how she would reach the airport. Finally, she did. She managed to get a cabbie who agreed for a 4X price.

Today, we don’t struggle that much, even though we may end up spending 4X on certain occasions. Thanks to UBER and OLA, our travel has been simplified.

But, Arthur Schopenhauer said, “Life without pain has no meaning”. With our simplified life, also comes a great deal of challenges.

One day Vickey, a professional from Delhi, got involved in a physical fight with his cab driver due to some app error. Some other day in Bangalore, Janaki, an IT professional, had stopped her ride in the middle of the road due to the driver’s pervert look.

The best these app-based cab providers could do was refund the fare to the passengers.

It continues, though getting a refund has become tougher today and yes, the fear exists. The fear of another unsafe ride.

Amidst all the fiascos, today app taxi providers position themselves as the technology company. Else, they have to take responsibility for every driver, every passenger, and every ride.

And, it’s documented in Uber’s legal documents:

– YOU ACKNOWLEDGE THAT UBER DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY UBER OR ANY OF ITS AFFILIATES.

What’s new? Everybody knows that.

However, do you know, be it Ola or Uber, they have zero responsibility for your ride, the experience of your ride, or even your safety.

The legal document, which has been accepted by every rider, says

– UBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

– UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU,

Let’s see what Ola says in its legal document:

– OLA bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.

– OLA does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.

– IN NO EVENT SHALL OLA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OLA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

We don’t have to be a lawyer to be able to understand the finer details of the above clauses around our safety. This also means the responsibility of any possible losses and problems lies with you, not with cabbies.

Next time, when you book a cab with your favourite cab service, always remember about your safety.

But, can we afford to ignore them?

No way. With the present condition of public transportation, there is no other viable option. The way we have learnt to breathe amidst massive pollution, one day we will also learn how to ride safely with appy-drivers. Darwin’s “Survival of the fittest” theory must come true.

Till then, have a safe journey every time you ride on your app.

[About the Author: There is always something fishy in the Terms and Conditions document. With all the patience, Rahul loves to read these mysteries. He believes that the truth needs to unfold, hidden in these documents. He earns his living as a communication professional and lives his passion by writing on business mysteries. Follow him on Twitter and network with him on Linkedin]

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