High amount fees are drifting?Be wary of the risk of pension behind one -time payment
Author:Sichuan rule of law Time:2022.08.05
With the rapid development of the pension service market and the change of the concept of pension, living in elderly care is becoming a new trend sought after by many elderly people, and the risk of funds caused by it is also common. Recently, the Chengdu Qingyang District Court concluded a group of tourism contract disputes involved in a travel agency, and sentenced the travel agency to all over the arrears and safeguarded the legitimate rights and interests of the elderly.
● Case review
Spending tens of thousands of yuan to enjoy the pension base? The travel agency runs
From 2017 to 2019, a travel agency has signed the "Living Service Agreement" with dozens of elderly people under the banner of "living in the elderly". The agreement lasts for three years, and the agreement agrees to stay at the elderly pension base with a cooperative agreement with the travel agency. After paying the "membership fee" ranging from tens of thousands of yuan, members can stay in the pension base within the area of Greater Chengdu. The daily expenses only cost tens of yuan. Travel agencies also provide services such as special car pick -up and free medical examinations.
From June 2019, the travel agency has fallen into a business dilemma and cannot continue to perform the contract. It also signed the "Lift Agreement" by negotiating with the elderly. balance. However, since then, the travel agency can only barely maintain its operations, and it is unable to repay the money at all. Until 2021, the people had to sue it to the court.
At present, these cases have been tried in the trial. The plaintiff's claims are clear and the evidence is conclusive. The Chengdu Qingyang District Court judged the plaintiff's request for refund requesting a refund in accordance with the law.
● The judge reminds
Be wary of the charging model for one -time payment
It is not easy for the elderly, and the old -age money cannot be easily "drifted". How to effectively avoid the risks existing in pension services? In this regard, the judges of the Qingyang District Court focused on sorting out several major risk points.
Choose the pension institution that will be filed in accordance with the law. The "Administrative Measures for Pension Institutions", which is implemented from November 1, 2020, stipulates that the establishment of a profit -making agency shall apply for registration in the market supervision department; the establishment of non -profit pension institutions shall apply for corresponding registration according to law; profitability and non -profitability shall The filing of the elderly institution shall be proposed to the civil affairs department. It is recommended that the elderly prioritize the government -led construction and entrust enterprises to manage the management when choosing an elderly care institution.
Be alert to take a one -time payment charging model. The elderly need to pay up to tens of thousands of yuan at one time, and buy some recharge services such as the so -called "tourist year card" and "membership card" of the pension service company. Effective supervision, once the capital chain breaks, there is risk of transferring funds and "running roads".
Be wary of low -cost tourism and living traps. The elderly should have awareness of risk prevention, and have a reasonable estimate of the service content and market price of the so -called "living care" products. Do not greedy to trust some advertising gimmicks such as "low -priced groups" and "free experience" to prevent falling in. Low -price trap, it has to be lost.
Sign and preserve a standardized living service agreement, and agreed to refund conditions. After the signing of the living service contract, if the elderly cannot continue to perform the contract due to their own special reasons such as physical condition, the two parties may terminate the contract under the situation of consistent negotiation, but the elderly may face a higher percentage of liquidated damages. For liquidated damages, you can make full negotiations before the contract signing to avoid high liquidated damages.
Sichuan Rule of Law Daily-Rule of Law Sichuan News Client Reporter Zhao Shiko
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