The epidemic causes the music festival to extend not to refund the ticket?Lawyer said so

The epidemic causes the music festival to extend not to refund the ticket? Can the motorcycle not buy a deposit? How to recover the pre -stored expenses for teaching and training institutions? Recently, the Provincial Consumer Commission launched the 20th issue of "Month Moon 315" lawyer answering activities. During this time, many netizens asked questions. Fu Qinggang, director of Beijing Jingshi (Chengdu) Law Firm, and senior partner of Beijing BOC (Chengdu) Law Firm Su Xiaoqin answered questions for the majority of netizens.

Question 1 The epidemic causes the music festival and the holding time cannot be determined. The application for refunds is rejected, but can you go to school immediately to go to school, can you not be refunded?

Lawyer answers: you can refund the ticket. After the ticket purchase, the consumer and the organizer form a contract relationship. The epidemic is a pust -resistant factor that caused the festival to be unable to be held as scheduled. In addition, without a clear delay time, consumers to study abroad will lead to the inability to achieve the purpose of the contract. If the continued performance will be unfair to consumers, consumers can choose to refund.

Question 2 Set a motorcycle, but can the deposit be returned due to work because of work?

Lawyer answers: First of all, it is necessary to clearly sign a sales contract when purchasing a motorcycle. If a sales contract is signed, there will be a clear agreement on the payment and refund of the deposit, and it will be processed according to the agreement. If the sales contract is not signed and the deposit is paid, if the operator issues the receipt certificate and clearly states that the deposit is guaranteed, if the operator breachs the contract, the deposit should double the consumer; if consumer reasons, if the consumer reasons Debt, no right to return.

Question 3 How to recover the pre -deposit fee for teaching and training institutions?

Lawyer answers: The running of the teaching institution is a default situation that does not provide services as agreed. Article 577 of the Civil Code stipulates: "If the parties do not fulfill their contractual obligations or do not meet the contractual obligations, they shall bear the liabilities of contracts such as continuing to perform, taking remedial measures or compensation losses." The Consumer Rights Protection Law "Article 53 stipulates:" If an operator provides goods or services by pre -collection, it shall be provided in accordance with the agreement. If it is not provided in accordance with the agreement, it shall perform the agreement or refund the advance payment in accordance with the requirements of the consumer; Interests and reasonable expenses that consumers must pay. "Based on this, the training institution should bear the corresponding civil liability. However, because the teaching and training institutions are in a running state and do not have the conditions to mediate consumer disputes, it is recommended to solve the judicial channels.

Question 4 In the 4S shop repair accident car, the insurance company has been fixed, but what should I do if I need to replace it?

Lawyer answered: According to Article 509 of the Civil Code: "The parties should fulfill their obligations in accordance with the agreement." Insurance companies have fixed damage, if there is no replacement accessories, you can request 4S stores to replace it; Payment fees can be required to be required to be refunded at the fixed price of insurance companies. If you fail to negotiate with the operator, you can complain to the Organization Committee where the operator is located.

Question 5 The script killing membership card recharge 1,000 yuan to get 399 yuan. After the card is run, the consumption is told that the store is upgraded.

Lawyer answers: According to Article 16 of the Consumer Rights Protection Law: "If an operator provides consumers with goods or services, it shall perform obligations in accordance with the provisions of this law and other relevant laws and regulations. ，应当按照约定履行义务，但双方的约定不得违背法律、法规的规定。经营者向消费者提供商品或者服务，应当恪守社会公德，诚信经营，保障消费者的合法权益；不得设定不公平、 Unreasonable trading conditions shall not be mandatory. "Operators shall follow the principle of integrity and perform the obligations such as the nature, purpose and transaction habits of the contract.

The content of the service that the operator should provide when recharge has reached an agreement with the consumer, and the service should be provided in accordance with the agreement. The operator has no right to change the service content without authorization, such as unilateral changes, consumers have the right to request the operator to refund the difference.

Question 6 The gifts sent by the merchant during online shopping are bad. The merchants say that the gifts are finished, and they can only wait for the goods before changing. Can you ask for the difference?

Lawyer answers: Consumers have the right to ask merchants to refund the difference. The operator should strictly control the quality of the product, and the quality of the gift should also meet the relevant national standards. If the quality of the gift is unqualified, the operator shall bear the return, replacement, re -work, repair, compensation and other responsibilities.

If the gift is not qualified to cause losses to consumers, consumers can request compensation from the commodity manufacturer, or they may ask the product seller for compensation. If there is serious consequences, you can directly claim to the merchant, and the merchant can recover to the manufacturer after compensation.

Gifts enjoy the same rights as the purchased goods or services, and also enjoy the "three packages" services. The operator shall not set up provisions such as "free gifts for free". When consumers receive gifts, check the product labels and packaging. If it is a "three -none" product, they can refuse to accept and ask the merchant to replace it.

Sichuan Rule of Law Daily-Rule of Law Sichuan News Client reporter Liu Wenhui

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