In 2020, Alexey Kostov registered with the Yandex.Drive service and concluded an Audi car rental agreement. The contract stated that the renter could not dispose of the car and transfer its management to someone. It was also clarified that if he gives his account to third parties, he is responsible for their actions as if they were his own, and even pays the company a fine of 150,000 rubles. However, later in court, Kostov stated that he could not master all 100 pages of the contract and did not reach this point, writes Pravo.ru.
The man gave his password and login of the application to his son Lavrenty (the man had a driver’s license), and after some time he was placed under administrative responsibility under Art. 12.18 Administrative Code for not allowing a pedestrian.
Since the tenant formally violated the contract, a fine of 150,000 rubles was debited from Kostov’s card. He turned to Yandex Drive with a request to reduce the amount to 10 thousand rubles, since no damage was done to the foreign car. The company did not talk about that and he went to court.
judgment of the court
The Oktyabrsky District Court of Kirov found Kostov’s debited amount disproportionate, applied Art. 333 of the Civil Code on the reduction of the fine and reduce its amount to 50,000 rubles, forcing Yandex Drive to return him 100,000 rubles, as well as pay a consumer fine for refusing to negotiate with the plaintiff to reduce the amount of the fine . Since Yandex Drive objected, the case has continued in the chain of command.
The Kirov Regional Court upheld the decision, but canceled the collection of a fine from Yandex Drive, saying it was unreasonable. The 6th Court of Cassation agreed with this decision and upheld a fine of 50 thousand rubles for the violator of the contract.
Yandex Drive appealed the findings of the Supreme Court courts, stating that there are no provisions in the law limiting the amount of the fine. This amount of the fine has been set because of the great public danger of such actions. After all, an unscrupulous driver can hand over control to a person who has no rights at all, which will have disastrous consequences. A hefty fine warns the tenant against such an act. In addition, the complainant linked his bank card to the account. When he violated the contract, he did not release it, although, while the parties were in correspondence, he had time to do so. So, according to Yandex Drive, he agreed to the amount of the fine.
What the Supreme Court said:
The Sun noted that, for example, for transferring control of a car to a third party, the tenant pays a fine of 50,000 rubles under the contract, asking why transferring an account is more dangerous than transferring control about a car? The company replied that the transfer of control occurs when the user is in the car himself, and the transfer of the account is when, without leaving his home, he transfers the password to another person. In such cases, third parties driving during an accident leave the scene of the accident.
They also cited statistics: accidents usually happen when an account is transferred to third parties. The Supreme Court has also clarified whether the company allows a reduction of the fine? The answer was affirmative, but in this case it was not reduced, since the amount of the proposed fine was disproportionate to the act, in practice it was usually reduced to 100 thousand rubles.
As a result, the Supreme Court canceled the acts of the Kirov Regional Court and the 6th KSOY and sent the case on appeal for a new trial.
Source: Z R