Can you buy a movie ticket, can't you retire or change the time?Some cinemas were fined, and the court also made it clear

According to the professional version of Cat Eye, the science fiction comedy "Lone Moon" starring Shen Teng and Ma Li was released for 9 days, and the total box office has exceeded 1.7 billion yuan; "Tomorrow War" was released for 2 days, and the total box office has exceeded 100 million yuan.

Screenshot Source: Cat Eye Movie Mini Program

However, when I bought a ticket on the WeChat Mini Program of Cat Eye Movie, I found that the page indicates that "cannot be refunded and cannot be changed." I bought a movie ticket on the Internet. I couldn't watch the movie on time because of the urgent matter, or accidentally chose the wrong time to watch the movie. I wanted to refund or change it, but I was told that "not refund or change." Is this a Tyrannosaurus clause? How should consumers defend their rights?

"No change or retreat" is sentenced to violation of the law

According to the Jiupai News report, recently, Mr. Wang from Jinan, Shandong ordered two movie tickets for a movie city through a ticket website. After the ticket was issued, it was 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 this situation 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, ordered the parties to immediately correct the illegal act and fined 8,000 yuan.

After the film city proposed an administrative reconsideration, the district government made an administrative reconsideration decision to maintain the penalty decision of the Market Supervision Bureau. 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.

(Source: official public account of the People's Court of Huaiyin District, Jinan City, Shandong Province)

The court believes that, first of all, as an operator, the Studios does not allow consumers to refund the signing of violations of laws and regulations, and punish them in accordance with the law. Behavioral illegal.

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. The litigation request of the film city must be rejected. The cinema needs to refund the ticket to Mr. Wang, the consumer in accordance with the penalty decision of the Market Supervision Bureau.

The movie ticket "does not retreat or change" is the clause of the overlord

According to Red Star News, the movie tickets purchased are "non -refundable", which is a typical Tyrannosaurus clause. As early as September 2018, the Xinhua News Agency broadcast a investigation and reported "Film Tickets" Back and Reconstruction ", why is it so difficult? ", Questioned the phenomenon such as" not retreating "and" only changes "that were criticized by consumers.

Subsequently, the China Film Distribution and Screening Association issued the "Notice on the Registration of" Retreat and Reconstruction "of Film Tickets", which requires that when the theater, theater investment company, and the theater are required to be "refunded Study "regulations.

Picture source: Daily Economic News Map

According to the rule of law, in accordance with Article 26 of the Consumer Rights Protection Law of the People's Republic of China, operators shall not make or restrict consumer rights, reduce or exempt business by formulating terms, notifications, statements, and store notices, etc. Personal responsibility, aggravating consumer responsibilities, and other unreasonable regulations for consumers shall not use the format terms and use technical means to force transactions.

Consumers buy movie tickets online, forming a service trading relationship with each other, and the Consumer Rights Protection Law did not exclude the behavior of providing services outside the scope of protection. The terms of the film city unilateral setting the contract format contract terms. When buying tickets, the audience often has to agree with the terms of "the ticket cannot be refunded and the signing" when purchasing the tickets. The consensus of refund, but the agreement with similar clauses reduces the responsibility of the operator and aggravates the burden of consumers. It should be invalid clauses and overlord clauses. This "industry disease" should be corrected.

Of course, the film ticket refund is involved in the interests of multiple parties. If the consumer will refund and change at will, it will cause the operator to cause losses, and it may also leave the opportunity for malicious tickets. However, the cinema is a normal market risk range for the number of ticket sales and seats. How to crack down on malicious ticketing behaviors should also find a way from the management mechanism, and cannot pass the risk to consumers, and it cannot infringe the legitimate rights and interests of consumers.

In addition, theaters can also formulate and implement differentiated refund signing standards with reference to railway, aviation and other industries.

Source: Daily Economic News Integrate from Jiupai News, Red Star News, Rule of Law Daily

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