Is GetTransfer the Next Uber? Here’s Why the Two Services Differ Under EU Law

MADRID — In an age of digital platforms and on-demand services, it may seem that every new travel app is simply “the next Uber.” Yet a closer look at GetTransfer.com—and the body of EU case law that has emerged around such platforms—reveals that not all ride-related apps function in the same way. While Uber has been classified as providing a service in the “transport sector,” GetTransfer’s model has far more in common with the likes of Airbnb: it facilitates, rather than provides, the primary service itself.

Below, we explore what makes GetTransfer distinct from Uber, with a focus on EU legal frameworks and real-world examples that clarify how GetTransfer operates as a marketplace—otherwise known in legal terms as an “information society service”—rather than as a transport provider.

1. The Legal Backdrop: “Information Society Services” vs. Transport Services

Under European Union law, services delivered electronically—connecting buyers and sellers without directly providing the underlying good or service—can qualify as an “information society service” (ISS). This classification is crucial because ISS platforms are not regulated as transport providers under legislation like Directive 2006/123 (Services Directive).

• Uber’s Classification as Transport

Multiple legal rulings have deemed Uber more than a mere intermediary. Uber uses non-professional drivers; sets or heavily influences pricing; and forms a single, composite service in which passengers never can deal directly with their individual driver outside of the app before meeting. EU courts, notably in the Asociación Profesional Elite Taxi (Case C‑434/15) and Uber France (Case C‑320/16) decisions, concluded that Uber’s main component of activity is transport, meaning it effectively is a transport service—falling outside the scope of the ISS rules.

• Airbnb’s Classification as an ISS

By contrast, in Case C‑390/18, the European Court of Justice (ECJ) held that Airbnb only serves to connect property owners with potential guests. Because it exercises no decisive control over the housing itself—and property owners are free to list or price as they wish—Airbnb remains an intermediary. This “pure marketplace” model places Airbnb under the ISS umbrella.

2. GetTransfer vs. Uber: Key Differences

While Uber famously revolutionised on-demand rides, GetTransfer takes a different approach:

1. Who Controls Pricing?

• Uber: Typically sets or strongly influences fares. Its algorithm calculates trip costs, and drivers receive a share of that fixed rate.

• GetTransfer: Drivers (or carriers) independently propose their own prices. Users see multiple offers and select the best one. The platform does not impose a standard rate or “price cap.”

2. Licences & Employment of Drivers

• Uber: Often enlists non-professional drivers; the app itself is central to the entire process.

• GetTransfer: Does not own any vehicles; it has no in-house driver fleet. Instead, it connects passengers with local, independent, licensed transport providers—similar to how Airbnb connects travellers with independent property owners.

3. Direct Contracting

• Uber: In most jurisdictions, the passenger’s contract is effectively with Uber, while the driver is compensated by the platform.

• GetTransfer: The transport contract (the actual ride) exists directly between the passenger and the licensed carrier. GetTransfer’s role ends once it has facilitated that match or “the booking”, much as Airbnb’s role ends once host and guest agree to a booking.

3. Why Classification Matters

EU law draws a sharp distinction between a company that facilitates contracts (ISS) and one that effectively provides transport.

• Regulatory Requirements:

• Transport Sector: Entities like Uber must comply with local transport regulations and licensing rules.

• ISS Platforms: These platforms are governed by the E-Commerce Directive (Directive 2000/31/EC) and other horizontal EU rules, with fewer transport-specific obligations since they do not own the transportation service.

• Competition and Control:

If a service sets fares, ensures availability, and controls how the service is rendered, it can be deemed the primary transport provider. If it merely introduces parties and they handle pricing and logistics themselves, it remains a marketplace under EU law.

4. Case Law Supporting GetTransfer’s Position

In cases such as Star Taxi App (Case C‑62/19) and Airbnb Ireland (Case C‑390/18), the ECJ reiterated that an intermediation service can be legally independent of the subsequent, non-electronic service (in these instances, transport or accommodation) when:

1. The platform does not set fares or rates.

2. The provider (driver/carrier or property owner) remains fully licensed and continues its business independently offline.

3. The platform’s role is limited to making information available and securing payments, rather than delivering the service itself.

In Star Taxi App, for instance, the court noted that if drivers are already in the market, have alternative ways of finding passengers, and manage their own prices, the platform’s connection activity remains an ISS—not a transport service.

5. The Bottom Line

Comparing GetTransfer to Uber can be misleading if one does not examine who truly provides the ride. Uber’s end-to-end control over the driver-passenger relationship—its single price structure, dispatch model, and direct engagement in the ride—has landed it within the realm of transport providers under European law. In contrast, GetTransfer’s function is closer to Airbnb’s: it is not engaged in the actual underlying service but simply links travellers with independent, licensed transport providers.

• For Travellers: The distinction means that when you book via GetTransfer, you’re effectively entering into a direct contract with a local operator. The platform’s role is limited to matchmaking, pricing transparency, and secure payments.

• For Drivers and Carriers: It is an additional means of finding clients—on top of any existing local business, word-of-mouth, or other booking apps they might use.

As EU courts have repeatedly recognised, not all “ride apps” are created equal. With GetTransfer, you’re hiring a carrier directly, and the company behind the platform stays out of price-setting, vehicle management, and regulatory requirements typically associated with the transport sector. That, according to legal experts, is precisely what makes GetTransfer an information society service—rather than, like Uber, the driver of the digital taxi revolution.