Can you claim compensation from the ride hailing driver and platform for the loss of missed flight when taking a ride hailing to the airport but missing the purchased flight due to being late? Recently, the People's Court of Tongzhou District, Beijing concluded a dispute case over a taxi transportation contract and found that the taxi driver and the taxi company did not breach the contract. The reason for Ms. Wang's missed flight was that she did not reserve sufficient time, and the relevant responsibilities should be borne by herself. The court found that on July 7, 2022, at 8:17 am, Ms. Wang took a ride on a ride hailing platform and the driver, Mr. Zhao, received the order. However, it wasn't until 8:46 that Ms. Wang took a taxi. Upon hearing that the flight took off at 9:30, Mr. Zhao accelerated all the way and finally arrived at the Capital Airport at 9:06. However, Ms. Wang missed the plane and had to reschedule for the 10:30 flight on that day, resulting in a total of 958 yuan in rescheduling and other taxes. Afterwards, Ms. Wang filed multiple complaints for compensation but was unable to resolve them. She sued Master Zhao, the taxi company, and the ride hailing platform together in court, demanding a refund of the taxi fare and compensation for work delay and visa change fees. During the trial, Ms. Wang claimed that she had placed an order for a taxi at the boarding location at 8:09 pm, but had not seen Mr. Zhao's vehicle for a long time. At 8:20, she made the first phone call to Master Zhao, clearly informing him of the boarding location. She then had seven more calls with Master Zhao, but to her surprise, Master Zhao not only couldn't understand the map and navigation, but also couldn't describe the location of the vehicle clearly. Due to the rush hour in Beijing, it was impossible for her to cancel the order and place a new one. In the end, she dragged her suitcase and walked more than 800 meters across the road before getting into Master Zhao's taxi at 8:46. Zhao Shifu and the taxi company believe that Ms. Wang placed the order at 8:17, and after receiving the order, Zhao Shifu arrived at the designated boarding location at 8:28, but did not see Ms. Wang. After a phone conversation with Ms. Wang, she was emotionally agitated and unable to accurately describe her location, resulting in the vehicle getting further and further away from the boarding location. After receiving Ms. Wang, Master Zhao only took 20 minutes to deliver her to the destination while ensuring driving safety, which was 8 minutes faster than the platform's estimated time. There was no fault in the entire service process and no responsibility should be taken. Ms. Wang's failure to reserve sufficient time for taking a taxi during the morning rush hour is the main reason for the missed flight, and she herself has obvious faults. The Tongzhou Court believes that according to the driving recorder video submitted by Master Zhao and the call records with Ms. Wang, after Ms. Wang placed the order at 8:17, Master Zhao arrived at the passenger boarding location by navigation at 8:28, which did not exceed a reasonable range; After Ms. Wang boarded the car, Master Zhao delivered her to the destination in a short period of time while ensuring driving safety. There was no intentional delay in Ms. Wang's itinerary, and all of Ms. Wang's litigation requests were rejected accordingly. Ms. Wang was dissatisfied and filed an appeal. The Beijing Third Intermediate People's Court held that the fundamental reason for Ms. Wang's missed flight was that she did not reserve necessary transportation time during the morning rush hour, and the corresponding legal consequences could only be borne by herself. Therefore, the court rejected the appeal and upheld the original judgment. The carrier shall not be liable for any breach of contract. "According to the Civil Code, a transportation contract refers to the carrier transporting passengers or goods from the point of departure
Edit：Jia Jia Responsible editor：Wang Chen
Source：legaldaily.com
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