For the uninitiated, if there are any, when you download Uber's app and get into a car summoned on-demand via a smart phone reservation system, by default you agree to a litany of terms and conditions.
The moment you tick the "agree" button to these very stringent terms, you basically sign your life away. So then, what happens when your driver abuses or assaults you, or fatally knocks down a six-year-old girl, as was the case in California?
Uber is a so-called ride-sharing service that puts potential drivers through their own customised background check so that they can become an impromptu "taxi driver" using their own car and Uber's tech and taximeter. The truth is, most people, including myself never bother to read the terms and conditions, and in this case, people don't know what they're getting into when they get in to an Uber car, simply because they know what they're getting into when they download the app
Uber's Ts & Cs absolve itself of all liability, be it cases of injury or accidents ... and for a driver's actions. It completely covers itself by saying it is not responsible for anything that happens to you, the consumer. You can be raped, you can be abused, in fact, you can be murdered, and it's categorically not Uber's responsibility.
When asked about the protections Uber offers passengers, a spokesperson refers to its webpage on safety. Uber PR herald the service as being ultra-safe. However, Uber's statements on safety are antithetical to its terms and conditions. In fact, It's so duplicitous that it should be considered fraudulent. It does not in any way seek to warrant that its product is safe. It puts it right there in unambiguous terminology.
The fine print of Uber terms clearly says that ...
"Passengers accept a risk by using the service. You understand, therefore, that by using the application and the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable," Uber's terms and conditions read, "that you use the application and the service at your own risk"
... and all complaints should be taken up with the transport provider (i.e. the driver).
What is of upmost importance with regards to London is that TfL – The taxi and private hire licensing authority who license Uber – refer all Private Hire complaints back to the Private Hire Operator. Keep in mind that Uber make it blatantly clear that they accept no liability whatsoever for the driver's behaviour. It begs the question: who the hell is the driver responsible to?
You really couldn't make it up! Be careful of what you're getting in to.
Sean Paul
