Online 188bet Online Sports Betting and Casino supervision is weak and the “overlord clause” is suspected of violating regulations

Author of this 188bet Online Sports Betting and Casino: Wen Yingran 2017-03-16
Many consumers have fallen into the "pit" of contract regulations to one degree or another,The hardest-hit areas are concentrated 188bet Online Sports Betting and Casino two areas of air tickets and accommodation。

Leave as soon as you say,Book a trip without leaving home,Once,Fast and convenient is the biggest selling point of online 188bet Online Sports Betting and Casino platforms (OTA)。According to Analysys Think Tank statistics,my country’s online tourism penetration rate exceeds 10%,Q4 2016,The online vacation 188bet Online Sports Betting and Casino market transaction scale reaches 165.700 million yuan,27 year-on-year increase.5%。

my country’s online 188bet Online Sports Betting and Casino market is in a period of rapid development,However,As OTA transaction volume continues to rise,The industry also breeds many problems。

China E-Commerce Research Center recently released the "2016 China E-Commerce User Experience and 188bet Online Sports Betting and Casino Monitoring Report",Report selection "Top 10 most complained-about lifestyle service e-commerce companies in the country in 2016",Among them, online 188bet Online Sports Betting and Casino platforms account for half,Complaints focus on charging high fees for refunds、Purchase service cannot be used in store、Irregular flight notification is not timely, etc.。

Coincidentally,21st Century Business Herald reporter checked the "People's Daily Online 188bet Online Sports Betting and Casino 3·15" complaint platform and found that,The platform received a total of 1,477 valid complaints in 2016,Increase by 0 compared with 2015.68%,Response rate for the whole year is 47.94%,10 percentage points lower than 2015。It can be seen from the cases reported by major complaint platforms,Many consumers have fallen into the "pit" of contract regulations to one degree or another,The hardest-hit areas are concentrated in the two areas of air tickets and accommodation。

Unsolved issue with format clauses

Encountered a 188bet Online Sports Betting and Casino product on OTA that “cannot be canceled or modified after order confirmation”,Always one of the complaints points of consumers。The reporter entered the keyword "Ctrip" on the third-party complaint platform 21CN to complain,Displays a total of 560 complaints,Qunar 461 times,Flying Pig 289 times。

“Book a hotel on March 10th,Unable to check in for some reason,Change to another home,Contact a platform customer service immediately to cancel the order on the same day,But the other party insisted,This order is completed by a third-party agent,No changes allowed。I am also willing to compensate the hotel、Partial liquidated damages from Ctrip and agents,The statement that the other party still insists on charging the full room fee cannot be established,It’s really the overlord’s regulations!” Consumer Ms. Zhou said,Booking a hotel on an online 188bet Online Sports Betting and Casino platform,After encountering a "non-cancelable" situation,Immediately submit a complaint on 21CN,Received a reply from platform customer service shortly,Agree to pay 1,000 yuan。

This complaint has come to an end,Ms. Zhou still believes that her rights have been violated,“I hope agents and hotels will come forward to propose solutions,Do not accept ‘one size fits all’ chargebacks、Purchase of responsibility。"The reporter saw it on the Ju Complaint website,There are many such incidents,Most of them have been responded to and processed by the 188bet Online Sports Betting and Casino,Prove that there is room for change in the refund matter。

For consumers who cannot modify the order after completing the order,Cao Zhibing, director of the Consumer Protection Complaint Center of the public welfare complaint platform, thinks,This type of problem is more common in online 188bet Online Sports Betting and Casino complaints,Perhaps to better avoid responsibility,Currently, most OTA platforms indicate whether refunds or changes can be made at the end of the order list。

"As far as I know,In order to get more affordable housing,Many agents purchase rooms 188bet Online Sports Betting and Casino hotels in one go,But in fact, this is a way to transfer business risks to consumers,Also called format clause。”In Cao Zhibing’s view,188bet Online Sports Betting and Casino a consumer’s perspective,Such regulations are unfair,Especially when there is a long time difference between consumer booking and check-in,The modification may not affect secondary sales。

To this,Wang Bingjie, a lawyer in the e-commerce department of Zhejiang Jindao Law Firm, said in an interview with a 188bet Online Sports Betting and Casino 21st Century Business Herald,Format clauses are also called standard clauses,refers to the pre-planned plan by the parties for repeated use,Terms that were not negotiated with the other party when entering into the contract。

Wang Bingjie thinks,The article "cannot be modified" must be analyzed 188bet Online Sports Betting and Casino two angles,On the one hand,For agents,Consumers’ cancellation of orders may cause certain losses,So 188bet Online Sports Betting and Casino the perspective of fairness in contract performance,There is nothing wrong with the treaty concluded by the merchant;On the other hand,If the clause is presented as a reminder or highlighted,is in compliance with the relevant provisions of the "Contract Law of the People's Republic of China",Vice versa,If the clause is not highlighted,Consumers have the right to claim that the contract is invalid。

No targeted laws and 188bet Online Sports Betting and Casino have been issued yet

As for air tickets,Air ticket package pick-up and drop-off、Bundled sales of hotel and other consumer coupons and other products,Already a commonplace question。Reporter tried to book a ticket on an online 188bet Online Sports Betting and Casino platform client,Departing from Guangzhou、Flights to Shanghai as an example,Page display,Flights departing at 8 a.m. provided by Hainan Airlines are priced at 830 yuan,When I placed the order, I found that the order price had become 1,002 yuan。Query order details found,Except Civil Aviation Fund、Fuel fee、Except taxes,The system also automatically checked the 40 yuan insurance、29 yuan VIP lounge、15 yuan airport transfer coupon and 21 yuan airport parking fee。

Cao Zhibing believes thatBundled sales are incompatible with the clear consumption advocated by the state,It is an infringement of consumers’ right to know and choose,Violated the fairness 188bet Online Sports Betting and Casino "Consumer Rights and Interests Protection Law 188bet Online Sports Betting and Casino People's Republic of China"、Voluntary principle,Operators who also violate the provisions 188bet Online Sports Betting and Casino Anti-Unfair Competition Law 188bet Online Sports Betting and Casino People's Republic of China,No tying of goods or other unreasonable conditions attached to the purchaser’s wishes。

Lawyer Wang Bingjie said,If you can uncheck the terms and conditions,Strictly speaking, the platform does not violate the rules,But 188bet Online Sports Betting and Casino a business perspective,This behavior is questionable。

Vice President of Alibaba、Hu Chenjie, Vice President of Fliggy, previously stated in an interview with a 188bet Online Sports Betting and Casino 21st Century Business Herald,The air ticket business of OTA giants has always maintained growth,The main secret to its profitability is to sell various hidden consumption。And Fliggy’s air ticket business,The role of attracting traffic on the 188bet Online Sports Betting and Casino is better than simply making money by selling tickets。

Reporter learned,Fliggy flight tickets launched on the eve of March 15, "Buy with clarity"、“Fly with confidence” service,Promise to guarantee 100% ticket issuance when purchasing tickets、188bet Online Sports Betting and Casino;When canceling or changing a ticket,Consumers can choose “one-click cancellation”,The system automatically calculates the handling fee according to airline standards,The balance will be returned to the user account immediately。

Except Flying Pig,Qunar.com, which was once mired in the quagmire of public opinion about the "fake air ticket incident",It was also recently announced that in response to the 2017 "Civil Aviation Service Quality Standards" special action launched by the Civil Aviation Administration of China on April 1,188bet Online Sports Betting and Casino March 15th to April 15th,Every user can become a “quality inspector” of Qunar.com。If you find that Qunar.com cannot fulfill its promise of high-quality service,In addition to enjoying normal service guarantee,You will also receive up to 5,000 yuan in cash or free flight rewards。

Although there is a lot of chaos in the OTA industry,However, my country has not yet introduced laws and regulations specifically targeting online 188bet Online Sports Betting and Casino。Cao Zhibing said,The amount of ticket refunds involved is hundreds of millions every year,To this,OTA platforms should strengthen agent supervision,Establish an effective prevention reminder mechanism,In order to better protect the legitimate rights and interests of 188bet Online Sports Betting and Casino users。

*This article is reprinted 188bet Online Sports Betting and Casino 21st Century Business Herald, original link:《Online 188bet Online Sports Betting and Casino supervision is weak and “overlord clause” is suspected of violating regulations》

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