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The "Double 11" that just passed has made countless consumers addicted to low-price shopping。But,Hundreds of consumers who bought low-price tickets on 188bet mobile platform were overjoyed - 188bet mobile platform merchant Yuanda International Aviation Services announced low-price promotions,Later also said that the system settings are incorrect,Unable to issue ticket。
Follow the commitments in the 188bet mobile platform rules,If the ticket cannot be issued,In addition to compensation of 500 yuan,Need to compensate for the price difference。But the current compensation plan offered by the merchant is only 500 yuan,Refuse to compensate for the price difference。At the same time,As the developer of platform rules、The committing party of the ticket issuing commitment,And the launching platform of this promotion,188bet mobile customer service is non-committal。
As of noon on November 14th,On the Sina Black Cat Complaint Platform about "Yuanda Airlines did not issue tickets、The number of collective complaints about 188bet mobile APP not fulfilling the express compensation regulations has reached 305,The solution rate is only 0.66%。
If merchants fail to fulfill their promises, how can 188bet mobile choose with confidence
Ms. Xiao is an old user of 188bet mobile platform,Airplanes in recent years、Book all train travel on 188bet mobile。According to Ms. Xiao,Before this year’s “Double 11”,She saw an advertisement for low-cost air tickets from Yuanda International Airlines on the home page of 188bet mobile,For this,On the day of “Double 11”,She stayed up late to grab a special round-trip ANA flight ticket from Shanghai to Osaka from January 12 to 18 on 188bet mobile,After using 188bet mobile’s “88 membership”, you only pay 802 yuan。
After successful payment,188bet mobile sent a "Ticket Guarantee" reminder。Because the price is relatively low,Ms. Xiao specially clicked to view,Discovered the promise: "If the ticket cannot be issued as normal,In addition to giving 500 yuan compensation,You still need to pay the difference and losses。”Afterward,Ms. Xiao also received page prompts and text messages indicating that the ticket was issued successfully。
However,Ms. Xiao received a notification from the 188bet mobile that afternoon,The special offer is a system setting error,Cannot issue tickets,Full refund available,At the same time, one order is willing to refund the customer 500 yuan as compensation。
Since the ticketing protection provisions include compensation,There is also price difference compensation,Ms. Xiao contacted the merchant customer service and 188bet mobile customer service,But the other party said it could only compensate 500 yuan,Refuse to provide other solutions。
The experience of netizen “@DTR’s clone” was similar。He complained,“Yuanda cannot be contacted,No matter how many calls 188bet mobile made, it said it could only compensate 500 yuan,No notification from superior,Unable to transfer or make further complaints。"Netizen "@青空综合站" said,Contacted 188bet mobile customer service,The other party stated that the final result was that the ticket would not be issued and the price difference would not be compensated,Seriously inconsistent with the so-called "ticket issuance guarantee" terms。
November 14,Reporters use the Taobao APP air ticket and hotel entrance to enter the 188bet mobile platform,I found that it is still marked "188bet mobile Safe Ticket" at the bottom of the homepage,It says "Understand consumption,Platform Guarantee”。Click to see,Article 3 "ticket issuance guarantee" of the "Safety Ticket" clause clearly stipulates,After order payment is successful,Merchant must issue tickets according to the order content,If the merchant does not issue the ticket according to the order content,Need to bear the price difference and other direct losses,And pay a penalty of 500 yuan per order。Article 4 "Travel Guarantee" also stipulates,After the ticket is issued successfully,Merchant must ensure that buyers travel normally according to the order content,If the buyer is unable to travel as ordered due to merchant reasons,Merchant must bear the price difference and other direct losses,And pay a penalty of 500 yuan per order。
But judging from the current situation,These promises made by 188bet mobile Platform are likely to be unable to be fulfilled。
The loss caused to netizens by being unable to issue tickets is obvious。Some netizens said,I consulted All Nippon Airways myself,Because Yuanda is the agent,The tickets they ordered through Yuanda can be found in the airline system。But because Yuanda delayed payment,ANA cannot issue tickets,Currently in 188bet mobile lock state,As a result, I wanted to buy tickets for the same flight segment at the same time but couldn't,Or the 188bet mobile price has increased very high。
“Obviously the ticket cannot be issued,Why is the ticket issued successfully?'Double 11' zero o'clock ANA special ticket has expired,Who will make up for this loss?" Ms. Xiao said: "188bet mobile does not fulfill its official website's commitment,How to let netizens choose with confidence?Isn’t this false propaganda?”
The merchant claims an operational error and still needs to provide evidence to unilaterally terminate the 188bet mobile
According to the reporter’s understanding,This ticket incident may be due to system settings。Around 18:00 on the 12th,A netizen once received news from Yuanda Company,Indicates that there were serious errors in the operations of the company’s channel 188bet mobile department staff,Mistakenly placed an air ticket product that was originally offered at a 12% discount and got a direct discount of 88%,Early morning of November 11th,In just 1 minute,Received thousands of abnormal quotation orders。
After discovering an abnormal situation,Yuanda immediately takes actions such as closing the order,However, nearly 2,000 orders were successfully paid。Because the number of orders involved is large,And the price difference from the normal preferential price is huge,Resulting in a particularly huge amount of losses for Yuanda as a whole,Really unable to issue a 188bet mobile。
Some consumers believe that the 188bet mobile did make an operational error,Some consumers question its authenticity。Ms. Xiao made it clear that she “doesn’t quite believe” the merchant’s explanation。
“The 188bet mobile said that the system was mistakenly set to a direct discount of 88%,That’s 1.20% off。The price of this route,Generally around 1,700 yuan。If you pay 1 according to the normal price.20% off,Should be 100 yuan or 200 yuan,It can’t be more than 800 yuan。I previously booked an ANA flight from Shanghai to Osaka during the peak season,Only about 3,000 yuan,Finished 1.20% off is more than 300 yuan,It is definitely not more than 800 yuan now。”Ms. Xiao thinks the 188bet mobile’s explanation does not make sense。
Even if it is set by mistake,Businessmen cannot unilaterally request to terminate the contract with just one sentence。Zhao Zhanzhan, deputy director of Beijing Zhilin Law Firm, said,Consumers place orders and purchase air tickets through the 188bet mobile platform,First, a contractual relationship is established with the merchant,The consumer’s obligation is to pay,The merchant’s obligation is to issue tickets。Generally,No statutory or agreed reasons,Either party cannot terminate or cancel the contract,Otherwise it will constitute a breach of contract。"Now,The merchant thinks he marked the wrong price,Want to rescind the contract on the grounds of major misunderstanding stipulated in the contract law。This requires sufficient evidence to prove that the merchant has indeed marked the wrong price,And it’s not intentional。"Zhao Zhan said,If there is evidence,Merchant can rely on contract law,Cancellation of contract due to major misunderstanding,Otherwise this cannot be used as a reason,Unilateral cancellation of contract。
Commitments made in the form of a 188bet mobile should bear joint and several liability
Compared to the businessman’s excuse,Consumers are currently most dissatisfied with 188bet mobile’s vague attitude towards the whole matter,Ignore the rules you set,Failed to protect consumer rights。
Ms. Xiao said,"Even if the merchant settings are wrong,But the losses caused to consumers,As a sales platform, doesn’t 188bet mobile have some responsibility??188bet mobile also has a ‘ticket guarantee’ system for consumers”。
Zhao Zhan expressed,According to Article 44 of the Consumer Rights Protection Law,Determine whether 188bet mobile, as an online trading platform, bears legal responsibility,There are three situations: the online trading platform provider cannot provide the real name of the seller or service provider、Address and valid contact information,Consumers can request compensation from the online trading platform provider;Online trading platform providers make promises that are more beneficial to consumers,Promises should be fulfilled;Online trading platform providers know or should know that sellers or service providers are using their platforms to infringe on the legitimate rights and interests of consumers,Failing to take necessary measures,Be jointly and severally liable with the seller or service provider in accordance with the law。
"About this incident,188bet mobile platform promises to consumers in ticket issuance guarantee,If the platform merchant does not issue a ticket,The merchant needs to pay the price difference,In the name of the platform, we ensure that merchants on the platform must make up the price difference and pay liquidated damages,This is the platform’s commitment to consumers。That is, as stipulated in the Consumer Rights Protection Law,The platform promises to be more beneficial to consumers,Platforms should fulfill their commitments。"Zhao Zhan said,"In this case,No matter whether the merchant is a major misunderstanding,Can this be used to cancel the contract,Consumers can make claims to 188bet mobile platform,Require them to fulfill their promises,Be responsible for compensation。”
Lawyer of Guangxi Guangzhengda Law Firm、Lei Jiamao, a specially invited cooperating lawyer at Beijing Brave Law Firm, said,After the consumer places an order on the 188bet mobile platform,This also establishes a service contract with the platform,Both parties must abide by the principle of good faith,Full fulfillment。“188bet mobile’s actions are indeed suspected of violating the Contract Law, Consumer Rights Protection Law and other laws and regulations。"Lei Jiamao said: "Failed to fulfill contract obligations,should bear corresponding liability for breach of contract in accordance with the law。”
However,Lei Jiamao also said,What specific liability does 188bet mobile bear for breach of contract,Depends on the contract,Usually a refund、Pay the agreed liquidated damages, etc.。If the contract stipulates that 188bet mobile’s liability for breach of contract is very small,Even without liability for breach of contract,Then we must consider the format contract、Contract validity issues such as overlord clauses。
“In accordance with legal provisions,Loss caused to consumers by 188bet mobile’s failure to perform the contract,The amount of compensation should be equivalent to the loss caused by the breach of contract,Including benefits that can be obtained after the contract is performed,However, the amount of compensation cannot exceed the possible losses that 188bet mobile foresees or should have foreseen due to breach of contract when entering into the contract。"Lei Jiamao said: "Whether the 500 yuan compensation can compensate for the consumer's losses must be determined based on the specific circumstances,If the contract does not specify the default amount,This requires consumers to provide evidence to prove the size of their losses,More complicated,So it is recommended to negotiate with 188bet mobile。If not,You can also complain to the Consumer Association,Or file a lawsuit in court,Require 188bet mobile to bear corresponding liability for breach of contract。”
*188bet mobileWen LaiSource: China Economic Net, 188bet mobile: She Ying, original title: "Flying Pig is suspected"False propaganda" 188bet mobile merchants are promoting low-price tickets but cannot issue tickets》.
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