Since 2013, P2P car rentals have become popular in the country as a shared economy model. The P2P car rental platforms such as PP Car Rental, Treasure Drive Car Rental and Youyou Car Rental have been highly favored by capital and have received US$10 million in financing.
Unlike traditional car rental companies, vehicles on the P2P car rental platform are private cars, eliminating the need to purchase vehicles, maintenance and other costs, but also do not need to rent the storefront, the rental price on the platform is about 30% lower than traditional rental companies .
P2P car rental mode, where the owner of a private car puts his own idle car on the rental platform, and the tenant searches through the platform to find the right vehicle and delivers it to the agreed location at a mutually agreed price. After the lease is completed, the tenant will return the car at the agreed location. Give the owner, complete the lease transaction. Through this model, the owner earns rent while the vehicle is idle, the platform does not need to purchase a large number of vehicles, and the idle resources of the society are used rationally. The tenants can enjoy car rental services at a lower price.
This should be a three-way, win-win model, but it is overshadowed by criminal fraud and illegal mortgage vehicles. Recently, some media have revealed that vehicle owners have lost their vehicles during the period of renting their car and they have not claimed the car rental platform for several months and then brought it to court. This incident has caused widespread public concern.
The car-losing incident is not a case of a car owner, and many car-losing incidents reflect the problems in the entire P2P car rental industry in terms of risk control and claims settlement. Behind the zero risk advertised by the platform, does the owner really know what kind of risk he needs to bear? After the loss of the vehicle, what kind of "first payment" can be obtained by the owner?
Recently, the owner of the car, Mr. Chen, reported to Phoenix Technology that his car was lost by the tenant fraud during the rental of the PP car rental platform.
According to the instructions issued by Phoenix Technology on the basis of PP car rental, Mr. Chen rented his private car to Wang Kui through a PP car rental on June 9 this year. At 3 pm that day, the two sides delivered the car at Gaobeidian.
What Mr. Chen did not know was that Wang Kui, the tenant on the day of the delivery, had dismantled the GPS positioning system installed on the car by Mr. Chen.
In the case of the PP Rent-a-Car, it was stated in the statement that “at 19:00 on June 9th, the background monitoring of our company had found that the GPS signal of the vehicle was abnormal. We immediately contacted the tenant but found that the tenant phone was shut down. So we sent it. The risk control team went to see where the signal last disappeared, but could not find the vehicle." The PP rental car classified the behavior as a high-risk incident but did not notify the owner, Mr. Chen. The explanation of the PP rental car did not inform the owner and report the car at the first time when the GPS was removed from the car because "according to the police, if the lease contract has not expired, the police will not file the case."
Mr. Chen and tenant leases expire at 3 pm on June 12th. The PP car rental agency said that they formally informed the owner on the morning of June 12 that the vehicle may be lost if the order time ends at 15:00. If the tenants are still missing, they will report with the owner. Mr. Chen told Phoenix Technology that the PP car rental did not inform him that the vehicle could be lost on the morning of the same day. After the lease expired, he found that he could not contact the tenant and was informed by the PP rental car that the vehicle might be lost.
P2P platform vehicles lost by tenants fraud is not an exception.
According to media reports, after Mr. Jiao, the owner of the PP rental car, rented the car to the designated tenant, the car was strangely missing. From the moment the vehicle left Beijing until it disappeared, the owner reportedly took the initiative to contact the PP car rental. No relevant person actively communicated with the car owner. . Another Mr. Luo, who lost his vehicle on the PP car rental platform, stated that he had rented his vehicle on the PP car rental platform last November. On the second day after the vehicle was rented out, he received a phone call from the mortgage company and learned that the vehicle was illegally mortgaged by the tenant. It was after he informed the PP car rental that he had reacted to the problem.
Previously reported by the media in the case of abusing a car rental car, the car advocated that the woman found out that the vehicle was out of the scope of the contracted vehicle through the GPS installed in the car, and then called the treasure car rental customer service, but was informed that due to the Spring Festival holiday, The rental car could not react in the first place, and the vehicle was finally illegally mortgaged to others by the tenant.
In June this year, the Beijing Haidian Public Security Bureau announced that it had detected a new type of fraud on the Internet car rental platform for the first time. In the police briefing case, suspects behind the scenes first recruited “gunners†across the country, arranged “gunners†to Beijing, provided car rental deposits, and “gunners†rented car owners’ car through real-time identification and normal procedures through an online car rental platform. These gunmen have real identities and most of them have no criminal record. The P2P platform cannot detect potential risks through ex ante risk control.
A number of incidents have shown that in the face of tenants malicious fraud, the removal of GPS, the vehicle out of the scope of the agreement and other issues, the P2P car rental platform's response is not timely, and can not take effective measures to prevent fraud is occurring.
Although many P2P car rental platforms have promised to provide high insurance coverage for vehicles on the platform, it is difficult to obtain compensation for lost vehicles due to tenants’ fraud. The relevant person in charge of the PP car rental said in an interview with the media that losing the car is not a subjective action of the tenant. It can be compensated by the insurance company, but the fraud is an attempt by the tenant. PP will find the car together with the police to find the car. During the period, the user will be given relevant compensation such as travel expenses.
Li Pobin, a CEO of Baojia Car Rental Co., once stated that if there is a robbery, if the vehicle has been identified as being stolen in accordance with the insurance company's procedures , the owner often takes a long time to complete the claim procedure, and it usually takes two to three. months, mainly because of the need issued by the police solve the case is not proven, the insurance company pursuant to start the payment process.
At present, Mr. Chen’s vehicle has been lost for more than a month. He and the PP rental car have not reached an agreement on the issue of compensation during the loss of the car.
The PP Rent-a-Car had previously announced the launch of a safety guarantee fee of RMB 100 million for car owners. In the event of a vehicle loss or unlawful mortgage and other unlawful mortgages, the PP Car Rental provided daily compensation for vehicle owners during the chase period. If the vehicle can not be retrieved within the agreed time, the loss of the owner will be paid directly from the "100 million security allowance".
The PP rental car said that after June 12th, they contacted the owners and hoped to reach an agreement on the compensation for the loss of vehicles. The PP Rent-a-Car provides an agreement to the owner. After Mr. Chen has signed the agreement, the company will take the initiative to compensate the tenant for the loss of the owner, and the owner will transfer the right of recourse to the rental car rental platform.
On the basis of the PP rental car, Phoenix Technologies stated that the compensation plan for the owner Mr. Chen in the June 12 agreement is that if the missing vehicle is not recovered by June 12, 2016, the 100 million yuan will be launched from the PP rental car. The Relief Fund will extract and pay Mr. Chen’s vehicle with a residual value of RMB 100,000 (Mr. Chen’s vehicle is Toyota Reiz Motors, which spent more than 200,000 purchases five years ago, and travels 30,000 kilometers, and the valuation is evaluated by a third party). At the same time, from the second day of losing the car, that is, June 13th, PP Car Rental will give the owner 50% (150 yuan) daily parking compensation for the vehicle owner, until the owner of the vehicle to recover, up to one year.
In other words, if the agreement is signed, the vehicle cannot be recovered within one year. The actual compensation received is: the residual value of the vehicle itself is 100,000 yuan + 50% of the vehicle's daily rent for a year is ¥54,750, totaling $150,000.
For the loss of Mr. Chen, the compensation scheme of the PP rental car does not make it satisfactory, so it has not signed the agreement with the PP car rental.
In terms of PP car rental, Phoenix Technologies demonstrated the details of Mr. Chen’s claim for compensation, including the total amount of car purchases, car contents, mental damages, and loss of working time, totaling about 500,000 yuan. Shi Lei, public relations director of PP Car Rental Co., said that the compensation plan offered by the PP rental car was very reasonable compared with other companies in the same industry. Mr. Chen’s vehicle residual value was about 100,000 but he demanded more than 500,000 compensation, and they could not be satisfied.
One of the compensations proposed by Mr. Chen is that he hopes that PP Rent-a-Car can compensate him for the loss of the purchase index when he loses his car.
According to the current shake method, 12 months after the vehicle was stolen, if it is not recovered, the vehicle can be directly qualified for purchase according to the police's certificate. During this period, unless the stolen vehicle could be found and the vehicle was stolen, the police could provide relevant evidence. At present, the police can only provide Mr. Chen with a report receipt. Mr. Chen cannot replace the number plate and cannot purchase a new car. In the June 12 agreement, the PP car rental company said it would compensate for the problem of car purchase, but it did not specify a specific plan.
The controversial point of vehicle owners and P2P car rental platforms is that owners think that the platform should be responsible for the loss of vehicles by taxi tenants. They need to compensate the full amount of the vehicles and all kinds of losses caused by the loss of vehicles. The platform considers itself as an information platform. The frauds, lost cars, stolen goods and other cases that occurred to the car owners should be compensated by the criminal suspects for compensation. They shall be enforced by the public security organs or enforced by the court, and the platform will give the owners “compensation†in humanitarian terms, or It is through the agreement that it “proactively compensates the tenants for the loss of the ownersâ€, and these compensations obviously cannot meet the owners’ demands.
In fact, when the vehicle is lost on the P2P platform, fraudulently collateralized, engaged in illegal use, etc., it is very difficult for the owner to blame the platform. Internet lawyer Zhao Occupy said in an interview with Phoenix Technology that the P2P car rental platform is an information publishing platform similar to the classified information websites of 58 cities and Gaoke. Both belong to information publishing platforms. There is no clear requirement in current laws that information platforms need to be used by users. Responsibility.
According to Zhang Yu, in the event of a problem in the process of vehicle leasing, if the lessee causes losses to the lessor, the lessee must first assume the liability for compensation, but the network platform should also bear legal responsibility when there is an error. If the network platform has not fulfilled the obligation of reasonable examination, resulting in the vehicle being deceived, being mortgaged, etc.; the network platform knows that the member commits an illegal act and does not take necessary measures; the network platform has fault errors, security problems lead to damage to the user; public commitment When "providing guarantees and risk-free", they should also take responsibility according to their promises.
According to the detected case reported by the police, after the success of the rental car, the “gunner†will sign a false payment agreement and a mortgage agreement with the “cargoer†designated by the criminal gang and resell the rented vehicle to the “cargo collectorâ€. The “consignee†entered into a similar false payment agreement and mortgage agreement with the next family. The fraudulent motor vehicle was resold several times in a short period of time. This caused difficulties for the police and platform risk control personnel to retrieve the vehicle after the vehicle was lost.
Most of the vehicles lost by tenants fraudulently were illegally mortgaged, and some owners reported that they learned that the loss of the vehicle was the phone of the mortgage company, and the payment of tens of thousands to tens of thousands of dollars was needed to get back their cars. . After finding the vehicle, the owner hopes that the platform can take measures and even pay for the redemption of the vehicle. The platform considers the vehicle to be illegally collateral and hopes to cooperate with the police to retrieve the vehicle by legal means.
In previous media reports, the vehicle that lost the vehicle in the treasure car rental advocated that Ms. found her own vehicle in a mortgage dealership in Langfang, Hebei Province. The dealers held the vehicle mortgage contract and said that the car was bought for 60,000 yuan. The lady took 60,000 yuan to change. Ms. Zhang immediately alerted the police to Beijing and Bazhou. However, because the whereabouts of the tenants were unknown at the time, the police said that the case was still under investigation and could not be withheld.
A similar situation occurred on Mr. Luo who had lost his vehicle in the PP rental car. He contacted the PP car rental company after learning from the mortgage company that his vehicle was illegally mortgaged. According to GPS signals, the rented car from PP rented Mr. Luo’s car in Shouguang, Shandong, but he didn’t drive it back. After that, the car was not heard for more than six months.
Fortunately, Mr. Luo’s car was recovered by the PP car after six months. When Mr. Luo opened the vehicle back to the 4S shop, he found that the vehicle had more than 20,000 kilometers without maintenance. The car was seriously damaged, the seats burst, the car ETC was lost, the interiors and Tian Yu pendants and Buddha statues were all lost, and the 4S shop gave an estimate. It is 270,000. According to Mr. Luo’s previous agreement with PP Car Rental, the car could not be found after one year and the vehicle was compensated for 370,000 yuan in accordance with the depreciated price of the new car. For the loss during the loss of the vehicle, PP responded that the car had been returned to Mr. Luo. Loss will not make any compensation.
At present, another PP car rental car owner Mr. Chen’s car has been lost for more than one month and still not recovered. The tenant Wang Kui is also in a state of loss. In terms of the PP rental car, Phoenix Technologies said that the risk control personnel of the PP rental car are trying hard to help Mr. Chen find the vehicle. The specific details are not disclosed. When there is new progress, the company will cooperate with the police to recover the lost car. Mr. Chen, the owner of the car, now has to deal with the anxious and long waiting time to recover the missing car, and there is no compensation that they are satisfied with.
The fact behind the zero-risk, personal credit information, and high insurance claims publicized by the P2P rental platform is that the P2P car rental platform cannot completely guarantee the platform's vehicles.
Although many P2P car rental platform executives once said that losing cars is a long-standing problem in the car rental industry, not just P2P platform issues, and the P2P platform does a better job in risk control than the traditional car rental industry.
However, as a shared economic model, P2P car rental does not require a self-constructed vehicle fleet and a lighter asset than a traditional car rental platform, but correspondingly, the risk of losing a car is passed on to private car owners on the platform, and is lost or stolen for the platform. The vehicle’s “very small†probability for the entire platform is the only car for the owner.
At present, the P2P rental car risk control system still needs to be strengthened, and the related laws have to be improved in defining the platform responsibility. More importantly, when the owner rents his own car on the platform, in addition to knowing that he can make a profit and the platform has a lot of protection, he should also be explicitly informed of the risks he needs to take.
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