标签： 苏州夜网论坛

Originality makes business more valuable.

Within Guangzhou Automobile Group, Ai ‘an is a heavyweight. It was born with a golden key, and took the lead in completing mixed reform, employee equity incentive and introducing strategic investors. In 2023, the sales volume of Aeon exceeded 480,000, catching up with Guangfeng and Guangben in the group. As the vanguard of the transformation of domestic super-large car companies in the new energy era, Ai ‘an has a heavy responsibility and challenges.

Author | Yang Qiao

Editor | Tian Yanlin

Operation | Liu Shan

Can super-large traditional car companies continue to stand in the era of new energy vehicles through the cycle?

Compared with the new energy sub-brands hatched by traditional car companies such as FAW, SAIC and BAIC, in 2023, Ai ‘an, a new energy brand under Guangzhou Automobile Group, was regarded as "the most beautiful child in this street" in terms of sales volume. According to the ranking of retail sales of new energy manufacturers published by the Federation of Riders, in 2023, GAC Ai ‘an surpassed 483,000 vehicles, second only to BYD and Tesla China. If we compete separately for the annual sales growth, the growth rate of 77% of GAC Ai ‘an is even higher than that of BYD’s 61.9%.

However, in January, 2024, the sales volume of Egypt’s safety balls dropped by over 45% from the previous month, with a total of only 24,947 vehicles, which was surpassed by AITO and LI. This is related to the relatively fierce price reduction sprint of car companies in December last year, which caused the overdraft of the whole market. However, it can also be seen that the new energy vehicle market in China is really getting bigger and bigger.

As a pioneer in testing new energy sources for traditional car companies, GAC Ai ‘an wants to break through in the new year, and it has to achieve a breakthrough in the sales of high-end brands-Haoplatinum on the basis of maintaining the high growth rate of two low-end models, Ai ‘an S and Ai ‘an Y, which is full of challenges.

▲ (Source/Multiplication Association)

"the king of the network car"

In 2017, the new car-making forces drew a clear line with "PPT car-making", and it was also the second year that Ceng Qinghong, a vicious person in the car circle, took charge of Guangzhou Automobile Group and became the chairman of the group.

That year, Yu Chengdong was still shouting hard in the mobile phone circle, and Guangzhou Automobile Group had decided to separate the new energy business and set up Guangzhou Automobile New Energy Automobile Co., Ltd. (hereinafter referred to as "Guangzhou Automobile New Energy Company") in July of that year.

In April 2018, GAC New Energy Company participated in beijing international automotive exhibition, and launched the pure electric SUV GE3 and other models, but it was a pity that it failed. At the end of the year, the indomitable GAC New Energy Company released the first compact SUV—— with the brand name of "Ai ‘an"-Ai ‘an S, which went offline in the factory in April 2019 and officially went on sale in May.

At the beginning of the transformation of the new energy track, GAC had a failed experience. In order to seize the market share, Aeon S must find a breakthrough.

At that time, the rental category of new energy passenger cars reached its peak, accounting for 27%. As a result, Ai ‘an S aimed at the B-end market and provided customized models at a price of 139,800 ~ 192,800 yuan. In 2019, the sales volume of GAC New Energy Company exceeded 40,000 vehicles, which doubled year-on-year. Ian s won the first prize and contributed 32,000 vehicles.

In November 2020, Guangzhou Automobile Group simply renamed "Guangzhou Automobile New Energy Company" as "Guangzhou Automobile Ai ‘an" and announced its independent operation. Later, after the launch of Ai ‘an Y, together with Ai ‘an S, it became the favorite of network car owners. Guangzhou Automobile Ai ‘an is also dubbed by netizens as a new energy automobile brand that "knows the middle-aged unemployed best".

Before Ai ‘an was born, BYD had been promoting the taxi market for nearly ten years, and its Dynasty series models also enjoyed sufficient voice in the new energy network car market.

Therefore, on the day when Ai ‘an won the first stage, the outside world put it on both ends of the scale with BYD.

Zhang Yi, CEO of Ai Media Consulting, told the "City Circle" that BYD’s success lies in mastering the competitiveness of core technologies such as batteries, and grasping a very good new energy development trend, controlling the cost and taking the lead, and improving the overall profit margin of automobile manufacturing.

The three electric (motor, battery, electronic control) systems of Ai ‘an were originally adopted by other companies. Its motor and electronic control system are made of parts from Nippon Denko and GAC Nideco, and GAC Nideco is a joint venture between Nippon Denko and GAC Holding Company. On the power battery, Contemporary Amperex Technology Co., Limited and Zhongchuang Singapore Airlines are all suppliers of Aeon.

In October 2021, Ai ‘an embarked on the road of BYD’s self-production and self-research, and planned to invest in the trial production line of self-developed batteries. In the second half of 2022, with the support of Guangzhou Automobile Group, Ai ‘an successively established Yinpai Battery Technology and Ruipai Power Technology to accelerate the layout of the electrified industrial chain.

In addition, on the product side, in January, 2023, BYD launched its high-end car brand-Looking Up, a pure electric supercar looking up at U8, with a price of millions. In October of the same year, Haobo Hyper SSR was officially listed, which is also a pure electric sports car. The manufacturer’s guide price is 1.286 million to 1.686 million yuan.

▲ (Source/car home. Cartography/city boundary)

What makes Ian uncomfortable is that the million-class sports car has been on the market for several months at night, and it was almost misunderstood by the outside world as running after BYD.

You know, in September 2022, it was ——Hyper Haobo, a high-end automobile brand released by Ai ‘an, and the first new car super-running Hyper SSR also appeared simultaneously. Byd officially named its high-end car brand in November 2022-looking up.

Whether it is Ai ‘an or BYD, at this stage, millions of sports cars may be more famous than profitable. For Ai ‘an, the main battlefield with BYD is still in a cheap car of 100,000 ~ 200,000 yuan.

Therefore, in 2023, Ai ‘an sold cars crazily. It has been reported by the media before that the rebate of a car from Ai ‘an to the dealer can make the other party earn more than 20,000 yuan. However, new energy car companies are too big. At the end of 2023, BYD took the lead in price reduction promotion, and Ai ‘an also worked hard. Unfortunately, it failed to achieve the goal of selling 500,000 vehicles annually.

In recent years, GAC Ai ‘an has been unable to escape the shadow of BYD, and every move is considered to be crossing the river by touching BYD.

Recently, a secondary dealer of Ai ‘an in Chongqing told the "City Boundary" that there were only a few 4S stores in Ai ‘an before, and in order to expand the distribution channels, it suddenly increased to more than ten in 2023.

In order to encourage dealers to actively sell cars, manufacturers promise that as long as they complete the sales of more than a dozen cars every month, they can get the decoration subsidy for the previous shop, which will be replenished in two years. At the same time, according to the above dealers, Ai ‘an asked for the location of the exhibition hall: there must be a BYD store next to it.

According to the dealer, the original exhibition hall was not approved because there was no BYD store next to it.

Ian, is this going after BYD? "City Boundary" also consulted the staff of another Chongqing Ai ‘an Experience Center. "It doesn’t have to be BYD next to it. It can only be said that BYD is a direct competitor of Ai ‘an, and of course it is the best." At present, next to the Ai ‘anmen store where he is located, there is BYD.

However, dealers in Shijiazhuang, Guangxi, Shandong and other places said that to join Ai ‘an, manufacturers did not ask to be next to BYD.

IPO is more urgent.

Perhaps the feedback from Chongqing dealers is just an example, but they are right in one sentence. BYD is a direct competitor of Ai ‘an.

But after all, BYD has worked in the field of new energy vehicles for many years, and its family has a big business. In front of Ai ‘an, there are only two brands: "AION Ai ‘an+Hyper Haobo". If it wants to master more discourse power, it must let itself stay at the new energy table for a little longer.

Even with his back to Guangzhou Automobile Group, Ai ‘an is far from being able to sit back and relax. Compared with BYD, "Wei Xiaoli" and Zero Run, Ai ‘an lacks a capital market pass. And this is too important for the car-making business that burns money crazily.

During the 2023 Shanghai Auto Show, Feng Xingya, general manager of Guangzhou Automobile Group, said that he would strive to complete the IPO in 2023. At that time, it was reported in the market that GAC Aian might submit the application materials for listing to the relevant departments at the end of June, and according to the plan, it would seek listing in science and technology innovation board. But soon, Guangzhou Automobile Group said that the listed sector had not been confirmed.

It seems that the time has not yet come to this young master who was born with a golden spoon. After a lapse of nine months, at the beginning of 2024, many media reported that Guangzhou Automobile Group planned to spin off the Ai ‘an brand and arrange its listing in Hong Kong, raising $1 billion.

Up to now, regarding the rumors of IPO in Hong Kong, Ai ‘an has not expressed his position.

As early as August 2021, under the arrangement of Guangzhou Automobile Group, Ai ‘an started the mixed reform and war-leading work. The group generously took out 7.404 billion yuan in cash, and also let Guangzhou Automobile Passenger Car give Ai ‘an 3.557 billion yuan in physical assets, and distributed more than 600 people from Guangzhou Automobile Research Institute and some patents to Ai ‘an. In November of the same year, GAC Aian completed the reorganization and integration of relevant R&D personnel, intangible assets and fixed assets in the field of pure electric new energy vehicles.

In March, 2022, GAC Ai ‘an implemented equity incentives for 794 key employees by means of non-public agreement to increase capital. The capital increase totaled 2.566 billion yuan. According to media reports, the enthusiasm of internal employees to subscribe is very high, and even some employees borrow money from banks to subscribe. Gu Huinan, the general manager of Ai ‘an, even mortgaged the house and invested 20 million yuan.

In September of the same year, Ai ‘an completed the shareholding system reform; In October, Ai ‘an completed the A round of financing, and the total financing of 53 strategic investors was 18.294 billion yuan, releasing 17.72% of the shares. Guangzhou Automobile Group’s direct and indirect total shareholding in Guangzhou Automobile Ai ‘an changed from 93.45% to 76.89%, and it is still the controlling party.

The valuation of Ai ‘an soared to 100 billion yuan in an instant, which was about equal to the market value of two Xpeng Motors at that time, making it the largest unicorn enterprise among unlisted new energy vehicle companies.

▲ (Guangzhou Automobile Aian Equity Structure Diagram. Tuyuan/Guangzhou Automobile Group Financial Report)

Guangzhou Automobile Group is very much looking forward to the listing of Ai ‘an.

Within Guangzhou Automobile Group, Aeon is a heavyweight, and more than 90% of the group’s overall new energy sales are supported by Aeon. Although joint ventures GAC Toyota and Guangqi Honda also have new energy vehicles, they can’t count on hard sales.

In October, 2022, Guangzhou Automobile Group revealed in the progress announcement of capital increase and share expansion in Ai ‘an: Guangzhou Automobile Ai ‘an is the development carrier of Guangzhou Automobile Group’s intelligent pure electric new energy automobile industry, and has successively launched a number of intelligent pure electric new energy automobile products such as AION S, AION LX, AION V, AION Y and Hyper SSR.

On January 8, 2024, in the e-interaction of SSE, some investors asked about the listing progress of Ai ‘an. Guangzhou Automobile Group said that related projects are progressing as planned. "Even if the subsequent listing of Guangzhou Automobile Ai ‘an is successful, Guangzhou Automobile Group (including the shares held by its subsidiaries) will still be the controlling shareholder of Guangzhou Automobile Ai ‘an, and the income of Guangzhou Automobile Ai ‘an will also be incorporated into the statements of the listed company Guangzhou Automobile Group. In the future, with the growth of Guangzhou Automobile Ai ‘an, Guangzhou Automobile Group will also benefit. "

In the eyes of the industry, A-shares have higher requirements for corporate profitability and innovation attributes when the capital market is experiencing a cold winter and the IPO is tightening. And listing in Hong Kong stocks is easier than listing in A-share science and technology innovation board. However, Dennis Huang, president of Huisheng International Capital, told the "Market Boundary" that there are differences in investor composition, valuation system and market expectation between the A-share market and the Hong Kong stock market, and the valuation of enterprises may be affected if they switch from A-share science and technology innovation board to Hong Kong stock market.

Ai ‘an’s IPO trip to Hong Kong has not yet landed, but the products have been laid out in Hong Kong first.

On January 28th, GAC Aeon announced its official entry into the Hong Kong market, and the first store in Kowloon Bay in Hong Kong officially opened. At the product launch conference, Ai ‘an brought the first model AION Y Plus, and also appeared in models such as Haoplatinum HT and Haoplatinum SSR.

According to Guangzhou Automobile Ai ‘an, it is the first automobile enterprise to lay out more than 300 1000V super-filled piles in Hong Kong. In 2024, it will build six sales service centers and brand direct stores in Hong Kong.

Before it, new energy brands such as BYD, Tesla, SAIC Chase, SAIC MG and Great Wall Euler all entered the Hong Kong market. However, except for Tesla’s direct marketing system, most of them are sold by local agents.

Self-explanation

Will Ian choose to list in Hong Kong? How many problems can listing help it solve? It is not known yet. But at the moment, there are some problems that need to be proved.

A few years before and after the launch of Ai ‘an S, BYD’s Dynasty Series, BAIC New Energy, Geely Geometry, etc. all launched products that were very close to their prices and product positioning, but they failed to shake Ai ‘an’s position as the "king of network car".

And this has also brought hidden concerns to Ai ‘an.

From 2020 to 2022, the proportion of pure electric rental decreased from 15% to 11%. Since then, the market demand has gradually strengthened to private consumption. In November 2023, the proportion of rental was only 7.3%, reaching the lowest point of the year.

It is widely believed that Ai ‘an, which relies on the network car market, will decline with the market saturation. Moreover, the label of "the king of the network car" in the past will also hinder it from launching the C-end market through high-end models.

It is estimated that Ai ‘an also heard the comments from the outside world. Before the launch of the high-end brand Hyper Haobo in September 2022, he began to adjust the sales structure and tried to find a balance point.

According to the data of CITIC Securities, from 2020 to the first half of 2021, Ai ‘an has a high proportion of leasing in the B-end market, which is about 60%~70%. However, at the 2022 performance meeting, Guangzhou Automobile Group publicly stated that in the sales system, the overall sales volume of its C-end has increased to 70%~80%.

However, don’t look at the gradual saturation of the online car market. In the past year, the competition of 100,000 and 150,000 "online car models" has become more intense.

On December 12th, 2023, Q05, the third new car of Changan Qiyuan, went on the market, with a starting price of 119,900 yuan. Subsequently, some dealers played the slogan of Changan Qiyuan A05 "100,000-class network car first choice". Earlier, Xpeng Motors announced that the new brand of pure electric car "MONA", which is strategically cooperated with Didi, will start mass production in 2024, and the first product will be priced at about 150,000 yuan, which refers to the online car market.

Ian is under pressure. Before, they sold it to corporate customers who were engaged in online car rental at B-end, and now they are trying to attract C-end users. Ian said that if users buy a car and intend to engage in online car business or home use, the insurance and maintenance measures given by manufacturers are also different.

"Don’t underestimate the B-end market, and don’t think that the B-end market is Low." The management of Ai ‘an has publicly stated. Just as people can never forget where they come from, Ian has not chosen to forget the glory brought by the online car market.

Nevertheless, combing the monthly sales data of the past year, the "city boundary" found that in 2023, the sales of the two models, Ai ‘an S and Ai ‘an Y, totaled more than 350,000 vehicles, accounting for more than 75% of the annual sales of Ai ‘an Safety.

After the sales data in February and March of 2023 reached 40,000 vehicles, the overall sales volume of Ai ‘an began to grow weakly in May. Until August, the monthly sales volume hovered around 45,000 vehicles. In September, the monthly sales volume reached 50,000 vehicles, and then fell again.

According to the statistics of Sina Automobile, the monthly sales of the main model, Ai ‘an S, reached a high of 18,903 vehicles in March 2023, with a transaction price of 157,900 yuan. From April to July, the transaction price decreased and the sales volume continued to decline. Sales briefly rebounded to 14,801 vehicles in August, but continued to decline from September to November. In December, the year-end sprint, the monthly sales of Ai ‘an S failed to catch up with August and September.

The overall sales volume of Ai ‘an Y is better than that of Ai ‘an S, with an average monthly sales volume of 17,000 vehicles in the past year. Although it is much better than the competitors of Volkswagen ID.3, Zero Run C11 and Galaxy L7, it failed to achieve the average monthly sales volume of 22,000 vehicles of BYD Qin Plus DM-I..

Let’s look at the Haobo brand that Ai ‘an impacts the mid-to-high-end market. It has three models: medium and large coupe Haobo GT, pure electric luxury supercar Haobo SSR and medium and large pure electric SUV Haobo HT. In 2023, the cumulative sales volume of Haobo brand was 8087 vehicles. Among them, the representative model, Haobo GT, was listed for the first time on July 3 last year, and the retail sales announced by the Association averaged several hundred units per month; After the listing of Haobo HT in November last year, its monthly sales exceeded 1,000 units.

In the face of the industry’s doubts about the slowdown in its low-end sales and the obstruction in rushing to the high-end, Gu Huinan said in an interview with 21st century business herald on January 30 that the LOGO of Haobo was really approved in June 2023, and it has just passed half a year. "(Think) high-end brands want to rush to high-end people in half a year, and they lack some understanding of the industry."

Indeed, it takes time for the brand to grow, but looking at the increasingly rolling new energy vehicle market in 2024 and the friends who are also making progress, Ai ‘an should seize the time to prove himself.

Originally produced in the city, please do not reprint it without authorization.

E-mail for communication suggestions: gaojian@boyamedia.com

Unless otherwise specified, the pictures are all from vision.　

Original title: "Guangzhou Automobile Ai ‘an, Chasing BYD"

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　　[New car on the market] Recently, we learned from official website that the 2017 model will be officially launched, and the new car will launch five models with three kinds of power.The price range is 928-2.298 million yuan..

"The picture shows the 2016 Range Rover Sport Edition"

　　The 2017 Range Rover Sport Edition has not changed significantly in appearance, and only two luxuries, Silicon Valley Silver and Faralon Black, have been added in appearance paint. In terms of configuration, the original 8-inch central control display screen was upgraded to 10.2 inches, and the InControl intelligent collar control system became standard. At the same time, functions such as collision prevention emergency braking, driver fatigue monitoring, lane departure warning, lane keeping assistance, blind spot assistance, all-terrain information center, and starting anti-skid assistance also appeared on the new car.

"The picture shows the 2016 Range Rover Sport Edition"

　　In terms of power, the 2017 Range Rover Sport Edition did not provide 2.0T gasoline, 3.0T diesel and hybrid versions in advance. The new model will be equipped with 3.0L, and it will provide two power versions with a maximum of 340 HP and 381 HP. In addition, the 2017 Range Rover Sport SVR is also launched simultaneously. The new car is equipped with a 5.0L supercharged engine with a maximum power of 551 HP and a peak value of 680 Nm. In terms of transmission, all the engines matched with the above engines are 8 speeds. (Text/car home Wuyuan)

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With its unique design concept, Volvo XC90 New Energy shows a minimalist yet luxurious appearance charm. The front face design adopts classic Volvo family-style elements, and the iconic Quake LED headlights are sharp and eye-catching, giving the vehicle an avant-garde sense of technology. The air intake grille adopts exquisite chrome trim, which perfectly blends with the body lines to enhance the overall temperament. The side of the body is smooth and atmospheric, and the lines are hard and powerful, highlighting the modern style and environmental protection concept of new energy models. The overall exterior design not only reflects Volvo’s extreme pursuit of details, but also shows its forward-looking thinking for future travel.

The Volvo XC90 New Energy showcases its unique design aesthetic with elegant body proportions and dynamic side lines. The body size is 4953mm x 1958mm x 1772mm, with a 2984mm wheelbase, providing passengers with a spacious interior space. The front wheel specification is 275/45 R20, and the rear wheel is also equipped with 275/45 R20 tires, which not only guarantees the stability and grip of the driving, but also highlights its combination of luxury and technology. The side lines are smooth and dynamic, and it can be eye-catching whether it is static appreciation or dynamic driving.

The Volvo XC90 new energy interior design adheres to the simple aesthetics of Northern Europe, and the interior style is exquisite and practical. In the spacious cockpit, the steering wheel is made of leather, which not only feels delicate to the touch, but also supports manual up and down + front and rear adjustment, providing the driver with a comfortable grip experience. The center console is equipped with a 9-inch high definition touch screen with automatic speech recognition control system, which is convenient for the driver to operate multimedia, navigation and telephone functions.

In the seat part, XC90 New Energy provides the choice of fabric and leather materials. The front seats are rich in configuration, supporting front and rear adjustment, backrest adjustment, high and low adjustment (4 directions), leg rest adjustment and waist support (4 directions), and equipped with heating, ventilation and massage functions to ensure the comfort of passengers. The driver and passenger seats are also equipped with power seat memory function, which can be customized according to personal preferences. The second row of seats also supports front and rear adjustment and backrest adjustment, and the rear seat can be proportionally reclined to further enhance the flexibility of the space. The overall interior design pays attention to detail and practicality, creating a high-quality riding environment for passengers.

For the Volvo XC90 new energy engine, it is equipped with a 2.0T turbocharged engine, which can burst out an amazing 310 horsepower and reach a maximum torque of 400 N. m. This powerful engine is matched with an 8-speed automatic transmission, ensuring that the vehicle can provide excellent performance and driving experience during driving.

In short, Autohome owners praised the Volvo XC90 new energy, the simple atmosphere of the body design and the unique elements of Thor’s hammer and Viking axe left a deep impression on him. He particularly emphasized the charm of the front design, believing that the aesthetic score of the front of the car exceeded the rear as a whole. This evaluation undoubtedly reflects that the XC90 new energy not only meets the practical needs, but also pays attention to the details and design sense, bringing a unique driving experience to the owners.

Riding a folding bike through the night

It’s the norm for chauffeurs.

(Image source network, intrusion and deletion)

However, when a customer evades the order

Bitterly asking for fees to no avail

What to do?

Drivers usually become "exclusive drivers" of a platform by registering information on the platform, and provide services through the customer source information published by the platform.

In this case, how should the tripartite relationship between the passenger, the driver, and the platform be defined? Is there a labor relationship or labor relationship between the driver and the platform? In the case of customer evasion, can the driver ask the platform to pay the evasion fee?

case review

Liu has been engaged in driving-related work because of his long-term driving experience. He heard that chauffeur driving is a good income industry, so he also wanted to try it. In March 2021, Liu downloaded an APP "XX chauffeur terminal" launched by a company for chauffeur drivers to undertake business and customers through his mobile phone, checked the service agreement that automatically popped up, and registered. After successful registration, Liu went to the company as required to participate in training, paid a deposit, registration fee and equipment fee of 700 yuan and pre-deposited an account fee of 200 yuan, and received the clothes issued by the platform.

After Liu became a platform driver, according to the agreement, after the order fee is paid by the customer, the platform only deducts the order commission, and the remaining fees are transferred to Liu’s own account. The platform staff sends the assessment mechanism, reward and punishment mechanism, and minimum workload requirements through group chat, and through WeChat, it is particularly emphasized that the driver cannot collect cash from the passenger.

During the period of engaging in the driving service, Liu received a total of nearly 1,000 orders, but also encountered some troubles. Three passengers evaded the order, and the driving fee of 405.50 yuan was not paid. When Liu contacted the customer to ask for the fee, the customer often used the words "I placed the order on the platform, and if you want to find it, the platform will come to me". Later, Liu was complained about other behaviors that did not meet the platform’s regulations in the process of providing the driving service, resulting in the platform forcibly terminating its service qualification. Liu has not received the three order fees.

Liu sued the court, demanding that the platform pay the fee after deducting 20% commission for the order, and refund the security deposit, registration fee and equipment fee of 700 yuan and the account balance.

Court decision

The Nanjing Drum Tower Court held after trial that according to the platform company’s charging model and management regulations, Liu, as a driver on behalf of the platform, the only channel for him to collect the service fee is the platform company’s transfer payment. If there is a loss due to customer evasion, but the driver is required to recover the cost of evasion or bear the corresponding loss, which will cause a serious imbalance in the rights and obligations of both parties. Now Liu requires the platform company to pay the cost after deducting the agreed commission for three orders, and the court supports it.

Considering the overall performance process of the contract and the reasons for termination, Liu’s request for a refund of the security deposit and account balance is supported, and his claim for a refund of the registration fee and equipment fee is not supported.

After the first instance judgment, the platform company refused to accept it and appealed to the Nanjing Intermediate Court. The Nanjing Intermediate Court rejected the appeal and upheld the original judgment.

Judge’s statement

At present, with the vigorous development of the network economy, the concept of "Internet +" has penetrated into various traditional industries. The online driving platform involved in the case belongs to the new industry model of "Internet + driving". Under this model, the legal relationship and rights and obligations between the driver, the driver, and the platform company have derived a series of new problems, among which the more common ones are how to bear responsibility in the event of a traffic accident, how to settle insurance claims, and so on. This case is a dispute caused by customer evasion.

In this case, during the conclusion and performance of the contract between the platform company and the driver Liu, Liu did not have the right to choose or negotiate the terms of the contract, the performance method, especially the charging method. After he registered as a driver, the platform company established a job number, issued uniform clothing, and established an assessment and reward and punishment management mechanism. This model goes beyond the traditional cooperation contract and is also different from the traditional labor contract, but the rights and obligations between the two parties have not yet reached the level of an employment contract. Overall, it should be determined that a transportation contract is established between the platform and the customer, while the relationship between the platform and the driver is closer to the entrusted contract.

When a customer evades the order, how can the driver exercise his rights?

The agreement between the platform company and the driver stipulates that the driving service provider and the user agree to pay the provider directly after the vehicle arrives at the destination. The platform is not responsible for disputes or disputes arising during the driving service process, nor is it responsible for the losses suffered by the driving service provider or user during the driving service process.

In this regard, we believe that transferring the risk of not being able to recover the driving service fee to the driving driver violates the principle of fairness of consistent rights and obligations, as well as the principle of operation control and operation benefit attribution. In fact, according to the provisions of the Civil Code, if the trustee completes the entrusted affairs, the principal shall pay him as agreed. The platform company refuses to pay the driving fee on the grounds of agreement, which is unfounded in law and will not be supported.

The judge reminded

Platform companies should take advantage of their own network resources to obtain profits, and at the same time, they should assume their own obligations in the new business network employment relationship, establish a more complete management system, supervision obligations and rights protection system, and promote the stable and healthy development of the new business platform economy. At the same time, as a chauffeur driver, they should also be brave and good at using legal weapons to safeguard their legitimate rights and interests, which will also play a positive role in further standardizing the operation and management of online platform economic entities.

Source: Jiangsu High Court, Nanjing Drum Tower Court Continue to swipe to see the next light touch to read the original text

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Original title: "What should I do about the order fee for the driver after the customer evades the order?"

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