Does the movie ticket refund or change?The Voice of the Jiangsu Consumer Protection Commission
Author:Voice of Zhejiang Time:2022.09.22
Source: China Youth Daily (ID: ZQCBYOL) Comprehensive Jiangsu Provincial Consumer Protection Commission, Jinan Huaiyin District People's Court, Shangguan News, CCTV Finance, etc.
The copyright belongs to the original author, if there is any infringement, please contact it in time
After buying a movie ticket
No time, don't want to watch it anymore
Can it be refunded or changed?
On September 21, the Jiangsu Provincial Consumer Protection Commission
Post
The hidden rules of movie tickets are not retired
It's time to change!
Rush on the hot search!
Movie tickets cannot be refunded to the clause of overlord
recently
"Movie tickets cannot be refunded to the clause of overlords"
The topic of the hot search
Many netizens are in the comment area
Recalling my "painful" experience
think
The refund re -signing is consumer rights and interests
Unilateral formulation rules belong to
"Overlord"
Some netizens suggest
You can refer to the railway ticket sales rules for improvement
The Jiangsu Provincial Consumer Protection Commission is in the article,
Quoting June this year
Huaiyin District People's Court, Jinan City
A jurisprudence:
Mr. Wang from Jinan, Shandong ordered two movie tickets for a movie city through a ticket website. After the ticket was issued, he found that the time was mistaken for the next night. Mr. Wang contacted the Film City, and the other party refused to refund the signing on the grounds that Mr. Wang had approved the "not refund or change" agreement.
Mr. Wang complained to the local market supervision and administration bureau. The Municipal Supervision Bureau made an administrative penalty decision on the film city in accordance with the legal procedures. After the film city offered an administrative reconsideration, the district government made an administrative reconsideration decision to maintain the punishment of the Market Supervision Bureau. Decide.
However, the film city believes that the above administrative decision lacks facts and legal basis, so it will file an administrative lawsuit to the Huaiyin District People's Court of Jinan City, Shandong Province, and request the decision and reconsideration decision made by the district government and the market supervision bureau.
In the end, the court ruled in accordance with the law that the administrative decision made by the Market Supervision Bureau and the district government complied with the law; rejected the litigation request of the Film City, and the cinema must refund the ticket to the consumer Mr. Wang in accordance with the penalty decision of the Market Supervision Bureau.
Suggestion of the Consumer Protection Commission:
Film ticket refund can refer to train tickets and air tickets
Retreatment and signing rules
The Jiangsu Provincial Consumer Protection Commission believes that the cinema as the formulation of the format contract, and is in a strong position. It has an advantage in setting up formats such as setting up film ticket refund and signing. "This" threshold ".
However, it seems that the surface form of the two parties has reached a "non -retreat" consistent, and it cannot cover up the essence of the clause to reduce the responsibility of operators and increase consumer burden.
According to Article 26 of my country's "Consumer Rights Protection Law": "The operator shall not make or restrict consumer rights, reduce or exempt the operator's responsibilities, aggravate consumption by using format terms, notifications, statements, shop notices, etc. Responsibilities, such as unfair and unreasonable provisions of consumers, shall not use the format terms and use technical means to be mandatory transactions. Format terms, notifications, statements, shop notices, etc. The content contains the contents of the preceding paragraph, the content is invalid. "
It is true that movie tickets are timid. If consumers are retired at will, the operator will face the risk that the movie ticket cannot be sold in secondary time, which will inevitably bring losses to the operator. However, whether it is unilateral cancellation of transactions or changing the time to change the movie for various reasons, this belongs to the foreseeable normal market operation risk. This one -size -fits -all "non -retreat" is actually passed on all the risks to consumers. There is a violation of the principle of peace. Consumer money has been spent, but the service is not enjoyed. It is inevitable that they are unwilling and angry.
The Jiangsu Provincial Consumer Protection Commission suggested that movie tickets are similar to train tickets and air tickets, and the services provided by them are timeliness. Starting from the comprehensive consideration of the interests of consumers and operators, you can also refer to the rules of train tickets and air tickets, and formulate differentiated, "stairs in the morning and evening of the consumer withdrawal and change time, and the time and distance from the movie. The "formula" refund signing standard allows consumers to refund the movie ticket.
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