On March 8, a consumer filed a lawsuit against Hello Bike with the Beijing Haidian District People's Court, with the amount in dispute being only one yuan. The reason for the lawsuit was that "after repeated failures to lock the bike, I was forced to pay a dispatch fee; complaints were useless, so I had no choice but to defend my rights through legal means."
The experience of this consumer who initiated the lawsuit is probably one that many shared bike users have encountered: the bike was clearly parked in a white-line designated area, yet the app showed it had not been returned to the P point; following the platform's guidance to move the bike, the more it was moved the farther away it got and the problem remained unresolved, ultimately leaving the user with no choice but to pay the dispatch fee.
Initially, shared bikes adopted a model of borrow-and-return-anywhere with unrestricted parking. Under this approach, on the one hand, consumers could find these bikes nearby according to the app's guidance, enabling a self-circulating system; on the other hand, shared bike operators arranged manpower for dispatch based on demand. However, this approach led to arbitrary and disorderly parking, interfering with municipal road traffic, especially pedestrian passage, and drew public attention.
Shared bikes play an important role in the transportation of many cities. Later, through joint exploration by relevant government departments and the shared bike industry, electronic fences were introduced, designating standardized parking areas and specified locations for parking. Now, designated return points and electronic fences have become increasingly widespread. Recently, the Beijing Municipal Commission of Transport issued the "2024 Beijing Transportation Comprehensive Governance Action Plan," which states in its key tasks: "Reasonably plan parking spaces for internet rental bicycles around subway stations and residential communities to improve the convenience of rail connections. Increase the supply of parking facilities for internet rental bicycles, achieving a parking space ratio of 1:1. Promote the use of high-precision satellite positioning for all vehicles of operating companies, and achieve electronic fence entry management for internet rental bicycle parking areas at all rail transit station entrances and exits."
Electronic fences and designated return points have solved the problem of interference with passage caused by disorderly parking, but they have also brought new problems.
The standardized parking areas designated by relevant departments are generally marked with white lines and printed with bicycle symbols. However, these standardized areas may not be consistent with the return locations in the shared bike operators' systems, which leads to the difficulty in returning bikes mentioned at the beginning of this article.
There are many reasons for this inconsistency——
First, from the perspective of cost and deployment volume, it is currently difficult for shared bike operating companies to ensure that every bike is a ** model or has the most precise positioning capability. Companies can address this issue through the upgrading and replacement of shared bikes.
Second, cities are constantly changing, and some newly designated standardized areas have not been updated in the systems. Consumers see the markings on the road and think they can park, but in reality they cannot lock the bike and close the order.
Third, in some cities, standardized parking areas are not compatible with multiple brands of shared bikes, resulting in a phenomenon where certain brands of shared bikes can park while others cannot. This also leads to users seeing ground markings and believing they can park, while the app indicates they cannot.
To solve the above two problems, shared bike operators and relevant government departments need to communicate closely to achieve real-time synchronization of standardized parking areas. The shared bike parking spots planned and set up by relevant government departments should be fairly open to all shared bike brands.
In addition, there is another situation that cannot be ignored.
Many shared bike users are temporarily unable to find a parking location, or are in a hurry and want to park nearby at will. In response to this situation, setting a one-yuan dispatch fee is reasonable and can be described as a win-win for multiple parties.
First, the one-yuan threshold will prompt users to park their bikes at designated return locations, which can improve operational efficiency. Second, it also accommodates users who cannot park at designated locations, essentially providing a value-added service for operators, helping users while increasing operators' revenue. Third, this approach is also fairer. Previously, all users shared the cost of manpower dispatch. Now, users who do not park within the fence bear the additional dispatch cost. In this sense, the dispatch fee is a supplement to the electronic fence system.
However, the one-yuan dispatch fee can also induce moral hazard. The systems and algorithms of shared bike operators are a black box to consumers. No one knows what happens in the system, let alone why. Therefore, there is a possibility that the system may deliberately cause consumers to pay this extra one yuan.
In short, whether it is due to the technical defect of inaccurate positioning by the operator or deliberate overcharging, for consumers, as long as they have returned the bike in accordance with the service contract and it was unsuccessful, they should not have to pay this extra one-yuan dispatch fee, and they can even seek legal remedies.
As a new method for solving disorderly parking of shared bikes, electronic fences are essential infrastructure for shared bikes. Any new method of solving problems inevitably brings new problems, and only when these new problems are resolved can the new method truly be implemented. In the process of solving problems, the agency of consumers and the push from consumers are also very important.
When consumers defend their rights through litigation, they can push companies to solve problems and prevent unscrupulous merchants from disrupting market order through improper means. At the same time, when consumers or companies file lawsuits, the relevant information will be made public, and the resulting public opinion effect will not only increase market transparency and help more consumers become aware of the problem and provide feedback, but also attract public attention and help relevant government departments improve related facilities and systems.
Therefore, the fact that a consumer picked up the legal weapon over one yuan and sued the operator is a good thing for consumer rights, industry development, market fairness, and prosperity.
Different "Lantern Inspections," Same Predicament in Safeguarding Rights
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