Following a complaint by FACUA Andalucía, the consumer organization assured that the Department of Health and Consumption of the Andalusian government had disciplinary file against Yego Urban Mobility España SL, a company dedicated to the rental of electric motorcycles, for not giving users sufficient information about their rights when they enter into a service contract.
The federation denounced the company in the framework of a control campaign against the main urban mobility companies, after verifying that Yego Mobility’s models were not official claim sheet, something that is required by the Andalusian Consumer Protection Law. Others condemned for this reason included Uber, Axiona, Lime, Rabi and Cabify.
Fakua said the board has also initiated disciplinary proceedings against Uber, Lime, Axiona and Cabify.
minor infraction
According to Facua, the Ministry’s Consumer Service has informed the federation that it has given the go-ahead to initiate an Disciplinary proceedings against the company after inspection of the company’s website www.rideygo.com. The company claimed that it uses the website “for brand promotional purposes” and assured that the services it provides are “contracted by consumers exclusively through the YEGO Mobility App.”
According to Facua, “The resolution indicates that Yego Urban Mobility España SL has spent a Violation by not complying with the information requirements required by Andalusian regulationsBecause it neither on its website nor in the app, indicates the necessary data for the users to submit their claim against the company”.
consumption fined for offenses classified as minor It is only 1,000 Euros, which can also be reduced to 40% if the company chooses not to appeal and pay the fine, even if it continues to commit the same irregularities.
serious crime
In another order, Consumer Inspection has made another detection. Violationqualified as on occasion Serious, by introducing offending clauses in the contract. This is clear after analyzing the terms and conditions of the service document in section 5.3 Billing, where YEGO informs that “the invoice will automatically be issued in electronic format which can be consulted and downloaded in the user’s account or from the YEGO application before can go. day of the next month. The User expressly accepts this method of communication BillHe Will not be sent on paper by Yego,
FACUA Andalucía recalled that according to article 63.3 of Royal Legislative Decree 1/2007 “in contracts with consumers and users, they will have Right to receive paper invoice, Where applicable, the issuance of electronic invoices shall be subject to the employer having obtained the prior explicit consent of the consumer. The penalty for this offense may be up to 5,001 Euros, according to the Directive.
The Federation has, moreover, once again controlled the website and verified that the company continues without correcting the irregularities that have led to the opening of the disciplinary file, for which the Ministry of Health and Consumer Affairs is the final authority. expected to take shape. Process with appropriate restrictions.
What does the law say
In his complaint, Fakua recalled Decree 82/2022 of May 17, which regulates Complaint and Claim Form Consumers and Users in the Autonomous Community of Andalusia states that “if, due to the activity carried out, there are no definite units where goods are marketed or services are provided”, information on complaint forms “in proposals shall be provided” , proposals for contracts, budgets, contracts, invoices, deposit receipts, web pages, telematic contract applications and any other documents that are distributed to consumers and users in the exercise of commercial or service activity”.
It also points out that Law 13/2003, of 17 December, on the protection and protection of consumers and users of Andalusia, explicitly states “not having complaint letters and official claims books, as well as the refusal to supply consumers who request or prohibits contesting. It conceals or alters claims made by means of it”, as well as “supplies informal complaint and claim sheets to consumers who show willingness to file a claim”.
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