Post by account_disabled on Mar 12, 2024 4:00:37 GMT -5
Buser only facilitates integration between companies that provide occasional charter services and potential passengers. Occasional charter activity is provided for in Law 10,233/2001 and companies connected to Buser carry out their activities in accordance with legal requirements.
Disclosure
Disclosure TJ-SP denies request to suspend Buser’s operation in the state
With this understanding, the 23rd Chamber of Private Law of the Court of Justice of São Paulo authorized the operation of Buser, a digital platform that brings together bus companies and consumers looking for chartered transport. Unanimously, the judging panel dismissed the appeal by the Union of Passenger Transport Companies of the State of São Paulo, which filed the action against Buser.
To TJ-SP, the union claimed, among others, that Buser would not provide chartered transport services, but would maintain a direct link with passengers, selling tickets Portugal Mobile Number List individually and traditionally, in addition to not having authorization to carry out the service, the which would make the activity illegal and irregular. The arguments were not accepted by the court.
For the rapporteur, judge JB Franco de Godoi, Buser's activity is not characterized as transportation. "The model is characterized as an intermediation of transport contracts between passenger-consumers and service providers, who provide intercity and state transport in an uncertain and non-routine manner. This is because the itinerary and the cost of tickets is not the same, varying according to market demand and supply", he stated.
According to the judge, in the case of Buser, there is no guarantee or availability of travel as in public transport. Furthermore, he stated, there are no routes and dates previously established by Buser, and they are exclusively determined by charterers according to consumer demand.
"See, in this contractual dynamic, there is no guarantee for the service provider that there will be demand, in the same way, there is no guarantee for the consumer that there will be a transport service at the desired time and destination", added the rapporteur by noting that The demand for and provision of the transport service, carried out by third parties, is occasional.
Thus, according to the judge, given the business model provided by Buser, "it appears that the legislation invoked by the appellant, which requires prior administrative authorization for the provision of public transport services, does not apply to the appellee", precisely because the platform is not the carrier, whether as charterer or provider of the recurring service.
"Therefore, it appears that there is no illegality or legal impediment for the appellee to provide its service, and it is certain that any restriction of an administrative nature must be made by the legislator or competent body. Finally, it is important to emphasize that the appellee does not provokes any unfair competition, given that the appellant-union seeks, solely, the market reservation and the unfair restriction of the economic activity of the appellant", concluded Godoi.