New consumption disputes frequently catering responsibility security rights

The development of the Internet industry has spawned a lot of new consumption patterns, which greatly facilitated the lives of the people, but they also triggered some new types of disputes. From recent years of statistics, the increase in new consumer cases is significantly greater than traditional consumption cases and presents an annual rise. The “Rule of Law Daily” reporter selection four related cases of the Jiangsu Provincial Court system, in order to guide consumers to actively rational rights, protect their legitimate rights and interests, remind the majority of operators to regulate business behavior, create a healthy and harmonious, energetic consumer market environment, Service guarantee the national “consumer dual cycle” strategy.

The net approximation driver concealed the case of the bottom banned account.

In June 2018, Niu was registered as a driver in a web, providing webmark. On September 30, the same year, Niu acquired a network reservation taxi driver’s qualification certificate. Subsequently, when the platform was reviewed on the background of Niu, it was found that it had extorted criminal records, which was opened on July 14, 2020. Niu believes that he is a fully affiliated compliance driver. The platform Suzhou branch has no legal basis for the behavior of its account, and the Suzhou City Tiger District People’s Court.

After the court’s trial, when the Niu handed the qualification certificate, the city’s transportation management department promised no violent criminal record and was willing to bear the corresponding legal responsibility. The webmark platform clearly launches the user’s need to have no criminal records in the contract. If there is a criminal record, the user will take a default responsibility for permanently stopping the service, and take a reasonable way to fulfill the prompt and explain the obligation. According to the Interim Measures for the Administration of Network Reserve Taxi Business Services, the driver engaged in the network of online services should have no violent criminal records. Niu once had a criminal record of extortion, belonging to violent crime, and the net approximation platform banned an account legal, 遂 遂 请 请,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

After the court, with the development of Internet technology, the webmaster has brought convenience to consumers. However, the passenger happened in the past, and wakes up the network platform should shoulder more security obligations to passengers. The webmark should be used in the vehicle access, platform supervision, safety precaution, driver quality, emergency treatment, etc., should have been active, and continuously improved, and maximize public travel safety. In this case, people who have violent criminal records are engaged in the public transportation industry, which will significantly affect the safety of the public. After the case judgment, the court realized the social management vulnerability reflected in the case, and sent judicial recommendations to a number of units, and has been actively replied, and the corresponding measures have been implemented, and the management vulnerabilities have been implemented, and the legitimate rights and interests of consumers are jointly. Safeguard public travel safety to escort.

Commitment premiums below the payment difference of payment

On November 8, 2018, Yang took a small passenger car to a car rental company through the rental APP, and enjoyed the “exclusive service”. The instructions for “exclusive service” in the car rental app indicate that after Yang purchased the service, there is no need to bear the loss within the scope of the insurance claims and the losses outside the insurance claim, and a car rental company is committed in insurance responsibility. The third party liability insurance is 200,000 yuan.

In fact, a car rental company only insured the insurance company in the insurance company, and the third party is 50,000 yuan. On November 11, 2018, Yang was driving the accident, and Yang was responsible for the accident. Due to the insurance insured insurance, Yang was sentenced to 428,000 yuan in the opponent. After Yang, Yang Xi Zhi to the People’s Court of the Wujiang District of Suzhou City, requiring a car rental company to compensate.

After the court trial, a car rental company clearly promised that the third party liability insurance was 200,000 yuan, but it was actually only 10,000 yuan, and “exclusive service” clearly explains the lessee no need to bear the loss within the insurance claim . After the traffic accident in this case, the third party paying by the corresponding insurance company was only 50,000 yuan due to the insufficient insurance company, and the difference is 150,000 yuan, and the loss of Yang Ben can avoid the loss of commercial insurance. The company compensated Yang 150,000 yuan.

After the court, some car rental companies are avoided to avoid risks, increase profits, often for rent-free commercial insurance, and make higher insurance commitments to consumers. Once an accident occurs, the responsibility is passed in various reasons. In this case, the amount of insurance coverage of the car rental company does not match the insurance coverage of the actual insurance, leading to an additional expense of consumers, which is the foresee of the parties in the contract. Therefore, car rental companies should compensate for consumer losses caused by the breach of contract. The case is to determine the compensation responsibility of the car rental company to undertake the insufficient insurance, the correct value orientation is established, regulatory and untrustworked behavior, and promote the perfect management, integrity management of the car rental company, and protect the legitimate rights and interests of consumers.

In the goods, two price misleading consumption price fraud, one lost three

On March 15, 2020, Gu Mou purchased a retail price in a business online store showing a T-shirt of 1090 yuan. The price of this product is 763 yuan, and Gu Mou uses a 50 yuan discount price, the final The goods were purchased at 713 yuan. After the merchant shipped, the goods were signed on March 17, 2020.

The second day after receipt, Gu Mou’s shopping platform and the clerk reflected the price of the cargo tag received at the price of 436 yuan, and the actual purchase price is inconsistent. Due to many negotiations, Gu Miao complained to Changzhou Intermediate People’s Court, requiring merchants to retreat one.

After the court trial, although the price of 1090 yuan on the online shop page is not the original price, the merchant did not denied this tag price. In addition to the trade-offs of the brand, performance, parameters, and appearance of the product, Gu is based on the trust of the preferential price amplitude and price guarantee, which is based on the price of the merchant. However, Gu Musi received the tag price fare below the crossed price, even below the purchase price, so the merchant in the same trading site, using two tag prices for the same goods, there is deliberate raising goods price, then Through the fictitious behavior of the price reduction promotion, it has caused the transaction to the transaction.

In addition, the merchant has not been able to provide anti-evidence to prove that the goods are not sales and sending, and the judgment is required to support the legal consequences of the proven to be issued. Claims.

After the court, some merchants often deceive consumers in order to benefit, especially in promotions, the price of merchants not only reflects the discount itself, but also transmits the information of the preferential amplitude, and false marking is enough to make consumers to produce the consumer Error recognition and purchase intention. Even in the online shopping environment, consumers have convenientness in viewing past trading records and conduct price comparisals of similar products, and can also reduce the salesman’s statutory obligation to label real information and increase consumer’s goods prices labeling authenticity. Pay attention to the obligation.

Scan code order express loss unscheduled compensation loss

On August 9, 2019, Jiang made an order through the mobile app scanning mail QR code, and a one-piece men’s shoes worth 26,380 yuan via a courier company. Once the order is placed, the mobile phone next interface shows “reading and agrees” Service Agreement “and” Privacy Protection Notice “” by default. Thereafter, the message is lost. Since the two sides cannot negotiate with the compensation, Jiang will resort a courier company to the People’s Court of Fuyang City, requiring compensation for 26,830 yuan.

The court believes that “reading and agreed to” Service Agreement “and” Privacy Protection Statement “in App Software, and cannot be specially prompted by the compensation quota in the form of separate jump boxes, and does not meet the active requirements, sending People cannot click on the provisions, which cannot produce legal effect. This “default check” web setting is not reasonable, and the sender cannot effectively read the “Service Agreement” related to the payment limit terms, should recognize that the courier company has not tips and explains, and sentenced the express delivery company to compensate Jiang 26380 yuan.

After the court, the rapid development of new e-commerce is inseparable from the strong support of express delivery companies. At present, all major express enterprises have launched a mobile phone “scan code” service, compared with traditional mail business, mobile phone “scan code mail” equipment, saving time and fees for users, enhances consumption Experience. However, it is different from the traditional manual filling of the delivery plane mode. The mobile phone “scan code” service is the mail, the contents of the contract agreement and exemption, restricted responsibility by the sender’s order, related contract protocol, exemption, restricted responsibility Terms should be displayed on the web in a certain manner. (Reporter Rosa)

Civilian-Classic Relevant Regulations

Article 497 If there is one of the following circumstances, the format clause is invalid: (1) There is an invalid situation stipulated in Section 3 of this Law, Article 566; (2 ) Provide the format clause to unreasonably exempt or mitigate its responsibilities, increase the responsibility of the other party, limit the other party’s main right; (3) Provide a format clause to eliminate the main right of the other party.

Consumer rights protection law

Article 55 If the operator provides a commodity or service, it shall increase the loss of compensation in accordance with consumers, and the amount of compensation is increased for consumers’ price or acceptance of the cost of service; The amount of compensation is less than 500 yuan, for 500 yuan. The law is otherwise specified, in accordance with its provisions.

Interim Measures for Interim Measures for Internet Reserve Taxi Operation Services

Article 14 The driver engaged in the network of online services shall meet the following conditions: (1) Obtaining the corresponding license motor vehicle driver’s license and has more than 3 years of driving experience; (2) No traffic accident crime, dangerous driving crime record No drug-free record, no drinking driving record

Source: Rule of Law Daily

Author: ArticleManager