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网络代驾服务合同的性质为承揽合同,在机动车交通事故中,承担物件责任的主体是定作人,承揽人则承担行为责任。实践中,代驾平台提供者与被代驾人通过合同约定的形式将对定作人选任的责任进行了转移,被代驾人只对因车辆自身状况所导致的问题,对第三人承担责任。代驾平台运营模式的不同,使得最终责任的承担发生了变化:在直营模式下,代驾平台提供者处于“居间人”的地位,对于超出选任责任以外的机动车交通事故责任部分,由代驾人承担;在加盟模式下,代驾平台提供者与劳务公司之间为劳务派遣关系,由代驾平台提供者对向第三人承担责任;在专门提供ERP模式下:代驾公司与代驾人成立劳动关系,代驾平台提供者与代驾公司之间为商业特许经营合同关系,对外承担责任的主体为代驾公司。
The nature of the service contract on behalf of the network is a contract contract. In a motor vehicle accident, the entity that bears the responsibility of the object is the bearer and the contractor assumes the responsibility for the act. In practice, on behalf of the driver and the driver on behalf of the driver through contractual arrangements will shift the responsibility of the cater for the appointment, was only on behalf of the driver on behalf of the vehicle due to their own problems caused by the third person responsibility. On behalf of the different operating modes of the platform, making the ultimate responsibility for the commitment has changed: in the direct mode, on behalf of the driving platform provider in the “intermediary” status, for more than elective responsibility outside the responsibility of motor vehicle traffic accidents , On behalf of the driver to take on; in joining mode, on behalf of the driver and the service provider platform for the dispatch of labor relations, by the driver on behalf of the platform to take on the responsibility of third parties; in the provision of ERP mode: The company set up labor relations with the driver, on behalf of the driver on behalf of the driver and the company for business franchise contract relationship between the external responsibility for the main driver on behalf of the company.