STUDENT SALAM ABBAS RASHID,DR.PROF.ALI HUSSEIN KAOOD
DOI: https://doi.org/On the one hand, this contract contains most of the elements of a traditional transportation contract, in terms of an obligation to transport a person or item in exchange for a fee. On the other hand, the question arises as to whether the relationship established via the application constitutes a tripartite contract (the passenger, the driver, and the application operator), or whether it is merely a bilateral relationship managed by an intermediary.The study reached the following results:
- Smart app operators themselves set the terms of the contract, and they also authorize, revoke, or restrict access to and use of the smart app by users (passengers(.
- . Drivers are under no obligation other than to carry out the trip at the discretion of the app operators and in accordance with the terms and instructions they impose. Furthermore, the app operators set the pricing and payment methods, offer promotions to the public, award points, and provide a single service to the general public. In this regard, the researcher believes that smart app operators cannot be considered commission agents for transportation, whether for passengers or drivers, because they are the ones who set the contracting mechanism and how the transportation process is completed.
- The process of separating the electronic service from the transportation service is not possible in an inseparable way because the two elements are linked together, as transportation companies via smart applications practice transportation service, which may be considered a legal practice, as long as the company practicing these activities has the necessary licenses to practice its business and provide transportation services. On the contrary, in the event that smart application companies do not obtain the necessary licenses to practice their activities, which leads to the suspension of the services of these companies.
