Can't you refund the visa for online shopping tickets?Court: Overlord clauses are invalid!

Those who like to watch movies must have encountered a movie ticket because they can't watch movies on time, or they choose the wrong time when buying a ticket. When you want to refund or change the signing, you are told "Do not retreat or change", is this the clause of the overlord? How should consumers defend their rights? Take a look at the following case with Xiaobian ~

Basic case

Mr. Wang ordered two movie tickets that night through a ticket website. After the ticket was issued, he found that the time was selected as the next night. Because there was no refund process on the ticketing website, Mr. Wang immediately contacted the ticket sales website customer service to change the signing, but was told that he would contact the movie city. Mr. Wang then contacted the Film City. Unexpectedly, the film city was tough. He refused to refund the visa on the grounds that Mr. Wang had approved the agreement of "not refund or change" before purchasing the ticket. The anger Mr. Wang complained to the market supervision bureau in a certain district. After investigating and verifying the District Market Supervision Bureau, the illegal clues involved in the ticket sales website were transferred to the market supervision bureau where the website was located, and the film city made an administrative penalty decision in accordance with the legal procedures. The parties were ordered to immediately correct illegal acts 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 district market supervision bureau.

The film city believes that the above administrative decision lacks facts and legal basis, and then filed an administrative lawsuit to the Huaiyin District Court of Jinan City, requesting the decision and reconsideration decision made by the district government and the Market Supervision Bureau.

Court trial

Focus

The case in this case is essentially the focus of disputes: one is whether the film city is legal as the punishment as the punishment of the case; the other is whether the film city refuses to refund the signing or not, if it is illegal, whether the penalty is proper.

The court trial found that the film ticket package sales agreement signed by the film city and the ticket sales website stipulated that the film city authorized the ticket sales website to sell movie tickets and collect ticket sales revenue. Product quality and service issues are responsible. According to this, the court believes that the Market Supervision Bureau determines that the film city and consumers constitute a sales relationship in accordance with Article 3 of the Consumer Rights Protection Law. , And punish it according to law, the punishment is correct.

Consumers buy movie tickets online and form a service trading relationship with each other. The Consumer Rights Protection Law did not exclude the behavior of providing services outside the scope of protection. In this case, the film city unilaterally sets up the clause of the signing of the signing of the refund and renovation, and close the refund and the change procedure. Tickets, the behavior composition uses the format terms and uses technical means to compulsory transactions to limit the legitimate rights and interests of the audience to refund or change within a reasonable time, increase consumer responsibilities, reduce operators' responsibilities, violate the Consumer Rights Protection Law "Article 26, paragraph 2 stipulates that it is an invalid clause. Therefore, the movie city refusing that Mr. Wang and other consumers have violated the law. Due to the failure to calculate the specific illegal income, the District Market Supervision Bureau shall not be improper imposed a fine of 8,000 yuan in accordance with Article 15 of the "Measures for Infringement of Consumers' Rights and Interests". The court found that the administrative decision made by the District Market Supervision Bureau and the district government complies with the law.

In the end, the court ruled in accordance with the law and rejected the claim of the film city. The film city filed an appeal, and the Jinan Intermediate People's Court rejected the appeal in accordance with the law and maintained the original judgment.

Law link

Article 3 of the Consumer Rights Protection Law of the People's Republic of China

The operator provides consumers with its production and sales of goods or services, and shall comply with this law; if this law does not provide regulations, it shall abide by other relevant laws and regulations.

Article 26 of the Consumer Rights Protection Law of the People's Republic of China

The operator shall not make an unfair and unreasonable regulations on consumers with the format terms, notifications, statements, and shop notices, etc. Terms and forced transactions with the help of technical means.

Article 15 of the "Measures for Infringement of Consumers' Rights and Interests"

If the operator violates Article 12 and 13 of these Measures, if other laws and regulations shall be stipulated, shall be implemented in accordance with the provisions of laws and regulations; if the laws and regulations shall not be provided, the administrative department of industry and commerce shall be ordered to make corrections. He or paid a warning that the illegal obtained below three times, but the maximum of not more than 30,000 yuan, and if there was no illegal income, a fine of less than 10,000 yuan was imposed.

Judge

Protecting consumers' legitimate rights and interests is not only conducive to enhancing the sense of security and happiness of consumers, but also of great significance for the healthy development of the industry and purifying the competitive environment. Using the format terms and using technical means to compulsory transactions to restrict and eliminate the legitimate rights and interests of consumers, the damage is the consumer interest and the reputation of the enterprise itself, and it is also an illegal act.

In practice, based on the interests of balanced operators and consumers, operators can charge a certain refund and signing fee. Specifically, they can comprehensively consider the morning or evening of the consumer's return to the movie ticket and the re -sales of movie tickets. Formulate and implement differentiated refund signing charging standards. Conditional allows consumers to refund the videos of movie tickets, which can not only maintain the consumers 'true consumption willingness, but also effectively avoid the waste of market resources, achieve a virtuous cycle of protecting consumers' legitimate rights and interests and promoting the healthy development of the economy and society.

Source: Jinan Huaiyin District Court, Shandong Gaofa, and Guizhou Weipu Law: Reproduced this article out of the purpose of passing more information and conducive to the law of law.If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

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