Facua-Consumidores en Acción has filed complaints against Cabify in Madrid and in four other autonomous regions where it operates, because it considers that the company is in breach of Spanish consumer protection legislation and that it regulates travel agencies.
According to Facua, the contractual conditions of the Spanish subsidiary of Cabify (Maxi Mobility Spain) they put the users in a situation of "absolute helplessness" in case of irregularities in the contracted services, such as delay of the carriers, higher charges than those offered or damages due to accidents.
The association assures that Cabify has corrected this week some of the "irregularities" that they have communicated to him but they maintain "those of greater spread", reason why they have denounced them in Andalusia, Catalonia, Community of Madrid, Valencian Community and Galicia.
Also, Facua has filed another complaint with the Directorate General of Tourism of the Community of Madrid, where Maxi Mobility Spain has its headquarters. Cabify, which has vehicles in La Coruña, Alicante, Barcelona, Madrid, Malaga, Seville and Valencia, warns in its "general conditions of use" that operates in Spain as "travel agency" Being registered as such, explains the association.
In section 8 of its contractual conditions, dedicated to the "guarantee and liability regime", the company states that "the final provision of the transport service will be at the discretion of the third carrier" and that "the user waives and exonerates Cabify of any obligations, claims or damages arising as a result of the relationship with the third carrier". Facua believes that with these practices, the multinational in Spain violates both consumer regulations and that regulates the obligations of travel agencies.
"Cabify pretends that it is a mere intermediary, ignoring its obligations as a travel agency and as if it did nothing but put a user in contact with a company to hire their services," criticizes the association.
However, the truth is that when a transport is requested through the application of Cabify, all contracting and payment is carried out directly with this company, without even notifying what is the holder of the license of Tourist Vehicles with Driver (VTC) for which the professional who will carry out the service works, emphasizes Facua.
Obviously, warns the association, that without the Cabify hiring platform, consumers could not or would have many difficulties to contract directly with people with VTC licenses that provide their services through Maxi Mobility Spain SL.