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