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Uber fares are 'default fares' to be used if a fare is not negotiated...

3943 Views 79 Replies 17 Participants Last post by Michael - Cleveland, Feb 10, 2016

Michael - Cleveland

Discussion Starter · Sep 27, 2015 (Edited)

Both the partner agreement and the user agreement specifically say the fares are 'default fares' to be used if a fare is not negotiated between the driver and the rider.

...you and the Company shall always have the right to negotiate a Service Fee different from the pre-arranged fee.
The purpose of the pre-arranged Service Fee is only to act as the default fee in the event neither party negotiates a different amount.

So, go ahead -
Tell your next rider that you charge a $5 pick-up fee in addition to whatever Uber charges.
Get them to send 'I AGREE TO A $5 Fee' to you by txt ...
and then request a fare adjustment from Uber at the end of the trip.

Document the email exchange you have with the CSR that refuses to increase the fare...
and then send it all to Lis-Riordin if Uber either refuses to charge the fee and pay it to you - or deactivates you.

THAT's the lawsuit I want to see.

@chi1cabby and

@Another Uber Driver ... what do you think?

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21 - 40 of 80 Posts

Michael - Cleveland

Discussion Starter · #21 · Sep 30, 2015 (Edited)

thehappytypist said:
Long story short, everything people suggest in this thread will get you kicked off. (Street hail/soliciting trips outside Uber, cash exchange). But I wonder if by Service Fee, they mean Uber's commission. I'm bad at reading legal stuff so I may be wrong.

Please take a step back and notice that nowhere has anyone suggested a street hail, cash transaction or off app transaction.
The question is if Uber will affect a request from a driver who has rider authorization who submits a fare adjustment based on that authorization.

MiddleClassedOut

· #22 · Sep 30, 2015

I actually decided to write Lyft to ask about this. As Lyft has fewer drivers, Lyft is infamous for sending you requests from very, very far away. I once had a request from 45 minutes north.

So I decided to go to the Lyft Experts, drivers who make some dough answering questions from home. They will eventually push it to the regular support I guess lol.

Honestly I think it's within our rights as contractors. I am close to quitting (probably can't do the winter) so I may try it in a few weeks. Most will just cancel I'm sure. Deactivating for this doesn't seem legal. It's a function that should be in the apps themselves - anything over 10 minutes away=$7 pick-up charge.

Reactions: 2

Fuzzyelvis

· #23 · Sep 30, 2015

Michael - Cleveland said:
Maybe easier:

>>> No problem! Just send me a txt before we end the trip saying "please add this tip to my fare: $_____ <<<
This gets interesting... because if you do it as a 'tip',
by law, Uber must pass on the entire amount to the driver,
and is not allowed to charge/deduct a commission or fee %.

If you ask them to put it in as a tip they'll simply respond with there's no way for anyone to tip in the app. You would need to do it as part of the fare.

ocbob2

· #24 · Sep 30, 2015

Michael - Cleveland said:
Both the partner agreement and the user agreement specifically say the fares are 'default fares' to be used if a fare is not negotiated between the driver and the rider.

...you and the Company shall always have the right to negotiate a Service Fee different from the pre-arranged fee.
The purpose of the pre-arranged Service Fee is only to act as the default fee in the event neither party negotiates a different amount.

So, go ahead -
Tell your next rider that you charge a $5 pick-up fee in addition to whatever Uber charges.
Get them to send 'I AGREE TO A $5 Fee' to you by txt ...
and then request a fare adjustment from Uber at the end of the trip.

Document the email exchange you have with the CSR that refuses to increase the fare...
and then send it all to Lis-Riordin if Uber either refuses to charge the fee and pay it to you - or deactivates you.

THAT's the lawsuit I want to see.
@chi1cabby and @Another Uber Driver ... what do you think?

The issue I see is that Uber wants this to be cashless and the fee you pay at the end of the trip is it, nothing more needs to be done. This can get Uber in trouble since we cannot change the price or negotiate a new price. I would love for Uber to give drivers an opt in when a surge hits a certain amount or let riders know that "While there is not an Uber X available in your area, one will become available at 1.4x the base rate. Do you wish to proceed with that rate?" This gives drivers a negotiated price and gets them online at a price he and the pax are agreeing on. How it currently is, the driver doesn't want to go online at the base rate and pax looks to Lyft or another means of transportation. It would be a win/win for Uber and keep their contract with truths. I know I would drive more if I can put my price into the equation. Pax does it by getting a text when surges are over so shouldn't we get the same ?

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thehappytypist

· #25 · Sep 30, 2015

Michael - Cleveland said:
Please take a step back and notice than nowhere has anyone suggested a street hail, cash transaction or off app transaction... the question is, if Uber will affect a request from a driver who has rider authorization who submits a fare adjustment based on that authorization.

Basically most ways to negotiate your rate could get you deactivated if the rider complained. If you write in asking us to add tip, or even if a rider writes in to add a tip, we aren't allowed to do it. Accepting additional payment on top of the fare will get you in trouble. If someone decides to not do the trip through the app and have the rider pay the agreed upon fare to the driver, that is immediate and permanent deactivation. It's nuts that they would even have that in the agreement if there's no way to do it without getting into trouble. It's lip-service and misleading.

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Michael - Cleveland

Discussion Starter · #26 · Sep 30, 2015 (Edited)

thehappytypist said:
Basically most ways to negotiate your rate could get you deactivated if the rider complained. If you write in asking us to add tip, or even if a rider writes in to add a tip, we aren't allowed to do it. Accepting additional payment on top of the fare will get you in trouble. If someone decides to not do the trip through the app and have the rider pay the agreed upon fare to the driver, that is immediate and permanent deactivation. It's nuts that they would even have that in the agreement if there's no way to do it without getting into trouble. It's lip-service and misleading.

Again just to be clear, no one in this thread has ever suggested anything about doing a ride off app, or on a cash basis. We're talking about putting a negotiated fare or tip through the app, through uber.

thehappytypist

· #27 · Sep 30, 2015

Michael - Cleveland said:
Again just to be clear, no one in this thread has ever suggested anything about doing a ride off app, or on a cash basis. We're talking about putting a negotiated fair or tip through the app, through uber.

Yes, I realize that.

Reactions: 1

CommanderXL

· #28 · Sep 30, 2015

Michael - Cleveland said:
Both the partner agreement and the user agreement specifically say the fares are 'default fares' to be used if a fare is not negotiated between the driver and the rider.

...you and the Company shall always have the right to negotiate a Service Fee different from the pre-arranged fee.
The purpose of the pre-arranged Service Fee is only to act as the default fee in the event neither party negotiates a different amount.

So, go ahead -
Tell your next rider that you charge a $5 pick-up fee in addition to whatever Uber charges.
Get them to send 'I AGREE TO A $5 Fee' to you by txt ...
and then request a fare adjustment from Uber at the end of the trip.

Document the email exchange you have with the CSR that refuses to increase the fare...
and then send it all to Lis-Riordin if Uber either refuses to charge the fee and pay it to you - or deactivates you.

THAT's the lawsuit I want to see.
@chi1cabby and @Another Uber Driver ... what do you think?

Yeah, but the next line defines "negotiated fare" so that you can only lower the fare:

You shall always have the right to: (i) charge a fare that is less than the pre-arranged Fare; or (ii) negotiate, at your request, a Fare that is lower than the pre-arranged Fare (each of (i) and (ii) herein, a "Negotiated Fare"). Company shall consider all such requests from you in good faith.

SCdave

· #29 · Sep 30, 2015

Uber can and does increase fares in certain situations right
thehappytypist

thehappytypist

· #30 · Sep 30, 2015

SCdave said:
Uber can and does increase fares in certain situations right
thehappytypist

Only if the fare should have been higher. There's surge, of course. Oh extra stops on a flat rate, suv/xl upcharges. Cleaning/damage fees don't count because they don't take a cut of those. There are a lot of reasons to increase a fare but it's always done using the established rates.

SCdave

· #31 · Oct 1, 2015

thehappytypist said:
Only if the fare should have been higher. There's surge, of course. Oh extra stops on a flat rate, suv/xl upcharges. Cleaning/damage fees don't count because they don't take a cut of those. There are a lot of reasons to increase a fare but it's always done using the established rates.

It's 2am. A PAX has been cancelled on 3 times in a row because the Driver won't drive 40 miles into the country side (under serviced or basically no service area). 4th Uber Driver shows up and PAX says, "Man, I just got cancelled on 3 times. I know the rates are low and the 40 miles to take me home is actually an 80 mile trip for you, the Driver. I want to pay more, h*ll, it's cheap for me at twice the fare, but I don't have any cash on me".

thehappytypist , how does the Uber Driver handle this in a professional manner that will make the Uber Customer happy?

Reactions: 1

XUberMike

· #32 · Oct 1, 2015

Is would be happy to take them to a ATM for some cash, leave Screwber out of it...I'm all for a PAX who can't get a ride because of travel distance, rating, time or destination being able to negotiate with a driver a fee that would be acceptable to both parties...

Ya I have a 3.8 but I'll pay you and extra $20 to get my sorry star ass...
Yes please drive the 25 minutes to get me I'll pay you an extra $20
I know it's 3 am and your sleeping but will an extra $30 wake your ass up?

Reactions: 3

Michael - Cleveland

Discussion Starter · #33 · Oct 1, 2015

thehappytypist said:
Yes, I realize that.

It's pretty interesting that Uber's policy is to deactivate a driver for doing something which the agreement allows. That sounds like a lawsuit waiting to happen.

TwoFiddyMile

· #34 · Oct 1, 2015

Only a ******ed driver would negotiate a lower fare.
Except in certain situations.
I was stuck behind an accident today, taxi meter running.
8 minutes in I froze the time til i.broke loose from the traffic jam.

Sometimes it's the right thing to do.

Reactions: 2

merkurfan

· #35 · Oct 1, 2015

thehappytypist said:
Basically most ways to negotiate your rate could get you deactivated if the rider complained. If you write in asking us to add tip, or even if a rider writes in to add a tip, we aren't allowed to do it. Accepting additional payment on top of the fare will get you in trouble. If someone decides to not do the trip through the app and have the rider pay the agreed upon fare to the driver, that is immediate and permanent deactivation. It's nuts that they would even have that in the agreement if there's no way to do it without getting into trouble. It's lip-service and misleading.

So what your saying is. Ubers base rate is the ONLY rate and as contractors, the verbiage in the contract is just BS to make it look good to the lawyers and honestly we CAN'T control our own rates..

Tell me again we are not being treated like employees?

Reactions: 1

merkurfan

· #36 · Oct 1, 2015

TwoFiddyMile said:
Only a ******ed driver would negotiate a lower fare.
Except in certain situations.
I was stuck behind an accident today, taxi meter running.
8 minutes in I froze the time til i.broke loose from the traffic jam.

Sometimes it's the right thing to do.

why? did you cause the accident?

SCdave

· #37 · Oct 1, 2015

thehappytypist said:
Only if the fare should have been higher. There's surge, of course. Oh extra stops on a flat rate, suv/xl upcharges. Cleaning/damage fees don't count because they don't take a cut of those. There are a lot of reasons to increase a fare but it's always done using the established rates.

Who decides "if the fare should have been higher"? The App Technology / Credit Card Processing Company or the Transportation Provider?

Reactions: 2

merkurfan

· #38 · Oct 1, 2015

SCdave said:
Who decides "if the fare should have been higher"? The App Technology / Credit Card Processing Company or the Transportation Provider?

That would be the uber CSR...

So ya.. about that higher rate.. you won't be getting it.

Michael - Cleveland

Discussion Starter · #39 · Oct 1, 2015

SCdave said:
It's 2am. A PAX has been cancelled on 3 times in a row because the Driver won't drive 40 miles into the country side (under serviced or basically no service area). 4th Uber Driver shows up and PAX says, "Man, I just got cancelled on 3 times. I know the rates are low and the 40 miles to take me home is actually an 80 mile trip for you, the Driver. I want to pay more, h*ll, it's cheap for me at twice the fare, but I don't have any cash on me".

thehappytypist , how does the Uber Driver handle this in a professional manner that will make the Uber Customer happy?

Thanks... now we're having the discussion I was hoping this would generate... (please, please folks, keep it civil and don't shoot the messenger when someone - especially a C S R - posts something that drives you nuts)

Reactions: 1

Michael - Cleveland

Discussion Starter · #40 · Oct 1, 2015

Fuzzyelvis said:
If you ask them to put it in as a tip they'll simply respond with there's no way for anyone to tip in the app. You would need to do it as part of the fare.

Well we know that's not true, because they put the SRF in the fare without charging us a commission on that fee.

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