Obligacijskopravna vprašanja prevoza z Uberjem

slovenian

2019

volume 45, issue 2

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The article addresses contractual law questions related to getting a ride with Uber, under presumption of Uber being available in Slovenia in the future. The introductory chapter presents the modus operandi of Uber and its platform while highlighting the challenges and problems brought by digitalisation of different services, with emphasis being on Uber. Considering the fact that offering services via a digital platform is covered by different fields of law, the author focuses entirely on questions pertaining to contract law. The introductory part is followed by a brief analysis of the CJEU Judgment in Asociación Profesional Elite Taxi versus Uber Systems Spain SL and the Opinion of Attorney General Szpunar. These are important particularly in regards to the type of services provided by Uber, and whether EU or national law is applicable. Although the CJEU and Attorney General have not dealt with the questions of contract law in this matter, their ratio decidendi is important nonetheless as it may indicate the circumstances that have to be considered when addressing the questions pertaining to contract law. Among the latter, the author discusses mainly the conclusion of contracts between persons participating in an Uber ride - the user, the platform operator and the driver. The main question - and the core of the article - is the question of legal nature of the contractual relationship between the platform operator (Uber) and its users. Regarding the latter, different types of contracts are considered - the intermediary contract, freight forwarding contract and transportation contract - including the reasoning behind applying a certain set of rules to the contract in question.

25.03.2020