So who owns the responsibility of the rape case that happened Uber cab? For sure, it is not Uber and the company cannot be held liable for this.

Cab Operators : High On Speed, Low On Care?
Cab Operators : High On Speed, Low On Care?

Their terms and conditions clearly state they can’t be held responsible for anything that happens between the driver (the third party) and the passenger.

“UBER WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY PROVIDERS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. UBER SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROVIDERS.”

We looked at T&Cs of Indian startups / companies and here is how it reads (emphasis is ours).

Olacabs : Terms and Conditions

All vehicles registered with the Company are continuously tracked using GPS for security reasons only. It is expressly made clear to you hereby that the Company does not own any taxis nor does it directly or indirectly employ any drivers for the taxis. Taxis and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the taxis alike.
The Company shall not be liable for any conduct of the drivers of the taxis. However, the Company encourgaes you to notify it of any complaints that you may have against the driver of any taxi that you may have hired using the Company’s Services. [link]

TaxiForSure : Terms and Conditions

No clear policies regarding TPSPs (third party service providers).
However, under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the TPSP or any acts, action, behaviour, conduct, and/or negligence on the part of the TPSP. Any complaints about the transportation services provided by the TPSP should therefore be submitted to TFS for escalation to the TPSP [link].

MeruCabs : Terms & Conditions

Please note that we are not responsible for the behaviour, actions or inactions of drivers of taxis, quality of cab which you may use (through us or otherwise). Any Contract for the provision of taxi services is between you and the driver and not us and we simply provide a platform to introduce drivers and passengers.[link]


So essentially, when you book an Ola, a TaxiForSure, Uber or Meru – you are booking a brand and NOT a service.
Nobody owns up for driver’s misconduct!
Nobody owns anything that happens in the cab.
If anything happens, they will ONLY act as a mediator and surely NOT own the situation.
Nobody cares as long as they have your $$s.


Cool ?
Raises an important question : What business are companies like Ola/TFS/Uber etc are in? Branding or Service?

4 comments

  • Instead of looking at the legal mumbo jumbo of ToS, which are generally same for most of the companies, I think it would be better to look into the operations of the company and see how is their recruitment of the drivers is handled and if they have proper controls in place.
    In any case, Uber’s business model is different from other cabs and I hope other companies have more stringent recruitment policy in force.

  • Long and short, most of these radio cab services are mere ‘pimp’ for the taxi. As matter of fact ‘pimping’ seems order of the day and new business model for most of new services be it radio cabs, e-comm platform, schools (remember plethora of unfortunate incidents at Bangalore schools and mgmt washing their hands off) etc
    It is high time government comes out with some basic guidelines holding these pimps aka technology platform providers.

  • I think the point that comes out of this is be it your local taxiwallah or a billion dollar company “SAWARI KI JIMMEDARI KHUD KI HAIN” no one is responsible.I am sure if you ask the driver he would have a seth somewhere as well since he dosen’t own the cab.

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