Unpleasant experience

Just recently, we have had a very unpleasant experience with Grab Philippines.

We had three boxes of fried chicken wings of different flavors delivered by Grab. As our usual practice, we asked the Grab rider to leave the boxes contained in paper bags with the guard who mans the condominium complex entrance. He left the packages there.

When we finally got the packages, imagine our shock when we discovered that not only were the tapes securing the paper bags tampered with, some of the chicken pieces were also missing from each box.

We immediately asked the guard whether he noticed anything unusual with the package when he received them and said that the tapes securing the package appeared to have been removed and then reattached.

We then proceeded with looking at the security cameras and there we saw images of the Grab rider holding the packages with the tape apparently attached back but improperly.

This was not the first time that this happened to us.

A few months back, we ordered fried chicken, again, this time from a reputable fast-food chicken joint also via Grab Food. Imagine our disappointment to find some of the chicken skin already ripped off.

In both cases, we threw the package and the food. The first time, we just charged it to experience. The second time, we filed our complaint with Grab.

We furnished Grab with the captured images from the security camera as well as details of the delivery, including the identity of the rider.

According to npr.org, a survey conducted by US Foods, which supplies food to restaurants, by gathering information from about 500 delivery drivers and more than 1,500 customers in the US who ordered through apps such as DoorDash, Postmates, Grubhub and UberEats revealed that of the drivers surveyed, 54 percent admitted to being tempted by the smell of a customer’s food, and about half of those people actually took a bite.

To remedy the problem, 85 percent of customers recommended adding tamper-evident labels or packaging, which commonly comes in the form of a sticker seal, the same report revealed.

According to Grab, they will just refund the amount that we paid, after they saw the images that we sent them. It added that we should just give the rider a negative feedback and that as a corrective action, the rider has received a strike on record. Grab also said they will continue to monitor and train the driver to ensure that this does not happen to us or someone else again.

Grab added that they have a stringent framework that results in them taking appropriate disciplinary action against their delivery partners once they have accumulated a certain number of strikes, up to termination of service.

Grab in its app also says that if the food is received in bad condition, i.e. drink spillage, lack of food separators, poor quality of packaging materials, broken/damaged packaging, then customers can either fill up a form to let Grab know or they can provide feedback by rating the merchant-partner or delivery-partner.

According to Department Order 2018-012 issued by the Land Transportation Office (LTO), transport network companies (TNCs) such as Grab Philippines and their accredited vehicles referred to as transport network vehicle service (TNVS) or their accredited private vehicle owners are considered as engaged in the operation of a public utility and are subject to the full regulation and supervision of the Land Transportation Franchising Regulatory Board (LTFRB).

It also classified TNVS as common carriers. While it did not say the same for TNCs, the same order says that both TNCs and TNVS shall observe the diligence required of common carriers in accordance with the Civil Code and shall comply with the law governing common carriers which is again the Civil Code.

Under the Civil Code, common carriers are required to exercise extraordinary diligence in the transport of both passengers and goods. In case of loss, deterioration, or damages to the goods carried by common carriers, they are presumed negligent. In case of breach of contract of carriage involving loss, deterioration, or damage to goods, the shipper can be awarded damages in a civil action.

Republic Act 11659 amending the Public Service Act meanwhile said that TNVS or transport vehicles accredited with and operating through TNCs shall not be considered as public utility vehicles. PUVs refer to those internal combustion engine vehicles that carry passengers or domestic cargo for a fee and who offer their services to the public such as trucks for hire, UV express service, public utility buses, public utility jeepneys, tricycles, filcabs and taxis, thereby excluding motorcycles used by TNCs and TNVS to transport goods.

Owners of Grabcar vehicles, before they can be accredited by Grab, need to present a certificate of public convenience (CPC) issued by the LTFRB. For Grab motorcycles, there is no such requirement for a CPC.

If they are no longer classified as public utility vehicles under RA 11659, then that means owners of Grabcar vehicles no longer need to secure a CPC from the LTFRB. What then will be the basis for LTFRB’s jurisdiction over TNVS? And under the same law, TNCs like Grab are not considered as public utilities because only public utility vehicles are classified as public utilities which are required to get a license from the government agency concerned before they can operate as such.

But the nature of their business still places them under the definition of a common carrier, which does not have to be a public utility vehicle.

Some may say, maybe the driver is just hungry, or that it is a small matter that can be brushed aside. But in this age of deadly virus and bacteria, you would want to make sure that the food you eat has not been tampered with or touched by unclean or uncontaminated hands. More importantly, as common carriers, Grab and their accredited food delivery riders are required to handle your deliveries using the highest degree of diligence. Tampering with your delivery is a violation of such duty.