How the Uber app and website work

Through the Uber app and website, Uber group companies (“Uber”) allow you to request services from third-party providers. These services are provided or made available under the brands of Uber.

Third-party providers are independent third parties who are licensed to provide light passenger transport services.

How the Uber app and website work

(a) Overview

Uber BV, a company incorporated under Dutch law and part of the Uber group, offers a technological platform that allows users of the Uber app and website to request transportation services provided by independent operators of light passenger transport services ("Transport Service Providers").

Uber BV provides the intermediary booking service platform through which users looking for light passenger transportation services can connect to Transport Service Providers available to provide the requested transportation service. Uber is not itself a transport service provider or a carrier. Any transportation services obtained via the Uber app and website are provided by Transport Service Providers.

(b) Transport Service Providers

Transport Service Providers offering their services on the Uber app and website are self-employed professionals or companies with a contractual relationship with Uber and licensed to provide light passenger transport services in Malta. In case the Transport Service Provider is a company, it may directly contract with professional drivers to perform such services on its own behalf (will be referred to as “Drivers” together with Transport Service Providers who are self-employed professionals). In order to register to provide light passenger transportation services through the Uber app and website (to the extent Uber is available in their city/region), Transport Service Providers must meet the legal and regulatory conditions governing access to their profession. In accordance with its legal obligations, Uber verifies certain documents and information of Transport Service Providers and Drivers before allowing the Transport Service Provider and Driver to access the Uber app and website.

Failure by the Transport Service Provider or Driver to comply with its legal or contractual obligations may result in its suspension or deactivation. For example, if a Transport Service Provider no longer has the necessary authorisations under applicable law to provide light passenger transportation services, the Transport Service Provider will lose access to the Uber app and website. Similarly, our Community Guidelines, which all users of the Uber platform (including passengers and Transport Service Providers) agree to respect, specify certain safety, quality or compliance rules, non-compliance with which may lead to loss of access to the Uber platform.

Uber and Transport Service Providers may also exercise their respective right to terminate the contract that binds them by giving notice, which results in the deactivation of the Transport Service Provider.

In all cases, Transport Service Providers and Drivers use the Uber platform if, when and where they wish and are not bound by any obligation of exclusivity. They can always choose to accept or reject a trip request.

(c) Allocation of trip requests to Drivers

When a trip request is made through the Uber app or website, Uber sends the request to a Driver that is or is about to become available. For this, Uber selects a Driver , with the aim of minimising the waiting time for all passengers located in the same geographical area. The Driver is free to accept or refuse the trip request. In some cases, Uber may offer to send your trip request to specific drivers. After a Driver accepts your trip request, you may withdraw your request, subject to a cancellation fee.

When the trip is ordered from an airport, the request is distributed among the drivers according to an electronic queuing system which works on the principle of 'first come first served'.

(d) Relationship between Uber and Transport Service Providers

In order to have access to the Uber platform, Transport Service Providers agree to pay Uber a service fee (usually, a percentage of the price of the trip) after the provision of their services.

Uber has no ownership rights over Transport Service Providers. Other than the service fee paid on delivered services, Transport Service Providers do not make payment of any kind to Uber to gain access to or to make their offers available on the Uber app or website.

(e) Service provided by Uber

Uber BV provides access to the Uber platform, which connects users looking for light passenger transportation services to Drivers available to provide the requested transportation service. This service of connecting users and Drivers via the Uber platform is provided free to you.

Uber BV does not provide, purchase or resell transportation services. These services are provided by the Transport Service Providers directly.

By making a trip request through the Uber app or website, you agree to enter into a transportation contract directly with the Transport Service Provider, to which Uber is not a party.

(f) Payment methods

In the Uber app you can select which payment method you would like to use to pay for the transportation services used by you. This may include digital payment methods enabling you to pay the Transport Service Provider through the Uber platform, such as credit card, Paypal or another digital payment method. Depending on the city in which you take your trip, you may also be able to pay the Transport Service Provider directly in cash.

Digital payments are collected and processed by Uber in the name and on behalf of the Transport Service Provider. These payment-related services are provided by Uber to the Transport Service Provider and enable the Transport Service Provider to receive payment under their contractual relationship with you.

(g) Dispute settlement methods

Uber provides you with customer service to deal with questions or requests you may have with respect to transportation services acquired by you through the Uber app or website. Notwithstanding the existence of this customer service, the contract for transportation services is established between the Transport Service Provider and you directly. Consequently, any dispute concerning the transportation service will be settled directly between you and the Transport Service Provider.

With respect to the Uber service (i.e. the service that connects users with Transport Service Providers via the Uber platform), Uber may make available to users acting as consumers a mediation scheme for consumer disputes related to the Uber service with a view to their amicable resolution. In accordance with the laws of the Republic of Malta, for any dispute of a contractual nature relating to the Uber service which could not be resolved in the context of a complaint previously submitted to Uber’s customer service, consumers may resort to the Consumer Claims Tribunal (https://mccaa.org.mt/tribunal). Eligible consumers can also submit complaints about the Uber service to the European Commission’s online dispute resolution platform accessible here pursuant to Regulation (EU) No 524/2013 of 21 May 2013. Uber does not commit to using an online dispute resolution platform to resolve consumer disputes.

The provision of the Uber service (i.e. the intermediary booking service platform that connects users with Transport Service Providers) shall be exclusively governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law rules, unless, if you reside in the EU, the regulations consumer protection laws in your country of residence contain provisions that are more advantageous to you, in which case those provisions apply.

You can bring a legal action relating to the Uber service in a competent Dutch court. If you reside in the EU and act as a consumer, you may also bring a legal action relating to the Uber service in the competent court of your country of residence.

Ranking of mobility options

Uber may use certain parameters on the Uber app and website to rank the displayed order of the different mobility options available. These parameters are selected to optimise the user experience. The main parameters used for mobility option ranking include mobility options previously chosen by the user, popularity of products based on general demand, average arrival times for each available option, contextual factors (e.g. time of day and day of the week) and the availability of Transport Service Providers. These parameters are subject to change at any time.

Ratings and reviews on the Uber app and website

Reviews

Uber does not display the individual ratings associated with a particular trip and neither the Transport Service Provider nor the user can contact a person who left a particular review. Ratings and reviews for a user or Transport Service Provider can only be left by the account performing or receiving the transportation service (as applicable).

(a) By users

After each trip, users can rate the Transport Service Provider by giving a star rating ranging from 1 to 5 based on their trip experience. Individually awarded star ratings are not visible in the Uber app or website. Users can, if they wish, modify a star rating they have granted by consulting their trip history in the Uber app and website. A Transport Service Provider's average rating displayed in the app and on the website is calculated on the last 500 trips or all trips if the driver has made fewer than 500 trips.

If a user leaves 5 stars, they are invited to choose from a series of pre-recorded compliments which will be published on the Transport Service Provider's profile. The most frequently assigned comments are displayed first on the Transport Service Provider’s profile, in descending order. Users can add a pre-recorded compliment after the trip by consulting their trip history in the Uber app and website. Since these comments are pre-recorded, they are not subject to a review procedure.

Users do not receive any consideration in exchange for submitting reviews of their experience.

(b) By Transport Service Providers

After each trip, Transport Service Providers can rate users by giving a star rating ranging from 1 to 5 based on the trip experience. Individually awarded star ratings are not visible in the Uber app or website. A user's average rating displayed in the app and on the website is calculated on the last 500 trips or all trips if the user has made fewer than 500 trips. Transport Service Providers can, if they wish, modify a star rating they have granted by consulting their trip history in the Uber app and website.

Transport Service Providers cannot leave comments about users on the Uber app or website. Should Transport Service Providers wish to leave feedback about a user, other than a star rating, they can contact Uber Support.