Post by account_disabled on Mar 12, 2024 0:29:04 GMT -5
There is no reasonable legal basis for imposing on individuals, especially those who do not in any way offer services of a public and essential nature, the obligation to contract with anyone.
reproduction
Reproduction TJ-SP denies reinstatement of contract between application and driver subject of complaints
This was understood by the 2nd Portugal Mobile Number List Panel of the Colégio Recursal de Mogi das Cruzes (SP) when denying the reinstatement of the contract between a driver and the 99 app, which was terminated after frequent complaints from users of the service.
According to passengers, the driver exhibited “inappropriate behavior”, which led the app to terminate the contract. The driver filed a lawsuit, but was denied.
According to the rapporteur of the ruling, judge Eduardo Calvert, it is not up to the digital platform to determine the veracity and “search one by one” the countless complaints, which would prove impossible.
“It is up to the defendant, as it effectively did, to verify the general satisfaction of customers in light of the comments and complaints made and to discontinue the provision of services by those who prove to be repeat offenders”, stated the magistrate.
For Calvert, in the case in question, the principle of private autonomy must prevail, and it is not possible to force 99 to maintain the contractual relationship with the driver. “There is nothing irregular in contract termination,” he added. The decision was made unanimously.
reproduction
Reproduction TJ-SP denies reinstatement of contract between application and driver subject of complaints
This was understood by the 2nd Portugal Mobile Number List Panel of the Colégio Recursal de Mogi das Cruzes (SP) when denying the reinstatement of the contract between a driver and the 99 app, which was terminated after frequent complaints from users of the service.
According to passengers, the driver exhibited “inappropriate behavior”, which led the app to terminate the contract. The driver filed a lawsuit, but was denied.
According to the rapporteur of the ruling, judge Eduardo Calvert, it is not up to the digital platform to determine the veracity and “search one by one” the countless complaints, which would prove impossible.
“It is up to the defendant, as it effectively did, to verify the general satisfaction of customers in light of the comments and complaints made and to discontinue the provision of services by those who prove to be repeat offenders”, stated the magistrate.
For Calvert, in the case in question, the principle of private autonomy must prevail, and it is not possible to force 99 to maintain the contractual relationship with the driver. “There is nothing irregular in contract termination,” he added. The decision was made unanimously.