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The lawyer said that the refund of the ticket of the college student in the "Zhixing Campus" was "not refunded or changed within 72 hours", which the lawyer said was an overlord clause

author:Jinan Times - New Yellow River
The lawyer said that the refund of the ticket of the college student in the "Zhixing Campus" was "not refunded or changed within 72 hours", which the lawyer said was an overlord clause

Travel during the May Day holiday is "hard to find", and small programs and APPs show their magic power in grabbing tickets. Recently, Zhao, a junior in Jinan, reported to the New Yellow River reporter that on April 26, he bought a bus ticket to go home during the May Day holiday through the small program of "Zhixing Campus", and later decided not to go home because he did not buy a return ticket. However, when you want to refund your ticket, the system prompts you to "stop refunding your ticket 3 days before the departure time". According to the screenshot of the payment provided by Zhao, the reporter contacted the payee Zhangqiu District Zhixing Ticketing Service Center, the staff said that the small program is specially customized for students in Jinan to buy tickets, and the vehicle is arranged according to the number of ticket buyers in the early stage, from entering the small program to completing the ticket purchase, there are two reminders in the middle that it will not be refunded or changed within 72 hours.

In this regard, Jin Xiaodong, a lawyer at Shandong Quanze Law Firm, said that the standard terms set up by the Mini Program have certain "overlord clause" attributes, and the pre-sale ticket platform should launch a tiered deduction and refund mechanism to handle changes and refund services for consumers, so as to protect the rights and interests of consumers and avoid the legal risks of the platform.

If you want to get a refund after purchasing a ticket, you will be told that the refund will be stopped 3 days before departure

"12306 can be refunded within two hours before departure, and this ticketing applet actually requires that it cannot be refunded or changed 3 days before departure. Zhao told reporters, "On April 26, I bought two bus tickets from Qilu Institute of Technology to Weifang Qingzhou on May 1 through the 'Zhixing Campus' applet, which cost a total of 174 yuan. Until April 29th, I couldn't buy a return ticket to school, so I decided not to go home during the holiday, and I planned to apply for a refund but found that the system prompted that no refund could be made 3 days before departure. In this regard, Zhao believes that the ticket party's provision is unreasonable, and hopes to negotiate a refund.

The lawyer said that the refund of the ticket of the college student in the "Zhixing Campus" was "not refunded or changed within 72 hours", which the lawyer said was an overlord clause

Zhao spent 174 yuan to buy two bus tickets from Zhangqiu to Qingzhou through the "Zhixing Campus".

After the reporter logged in to the "Zhixing Campus" applet, the system popped up the ticket purchase instructions as soon as possible. According to the regulations on refunds and changes, the full refund can be made unconditionally outside 96 hours before departure, and if the ticket needs to be refunded due to special circumstances from 96 hours to 84 hours before departure, the handling fee is 10% of the face value, and if the ticket needs to be refunded due to special circumstances from 84 hours to 72 hours before departure, the handling fee is 20% of the face value, and any changes and refunds will not be accepted within 72 hours before departure.

The lawyer said that the refund of the ticket of the college student in the "Zhixing Campus" was "not refunded or changed within 72 hours", which the lawyer said was an overlord clause

On April 26, Zhao wanted to refund the ticket, and the system showed that the refund would stop 3 days before the departure time

"Many students around are here to facilitate the purchase of tickets, often need to arrange the holiday itinerary a long time in advance, once there is an emergency, it cannot be adjusted, for the holiday travel, it is still quite inconvenient. Zhao said that after all, he is also a student and does not make money, and he is very distressed that he can't get back the ticket money of nearly 200 yuan.

There are two pop-up reminders during the ticket purchase process, and 50% of the ticket price will be refunded after negotiation

It is reported that "Zhixing Campus" is a comprehensive service platform for college students, providing you with a variety of examination through trains, weekend customized buses, holiday home and school chartered buses, travel, examinations and other services. After logging in to the applet, you can see that the commonly used routes are mainly between Jinan and other cities in Shandong, and the bus can pass through many schools in Zhangqiu University Town to provide "point-to-point" pick-up service for college students.

The lawyer said that the refund of the ticket of the college student in the "Zhixing Campus" was "not refunded or changed within 72 hours", which the lawyer said was an overlord clause

After entering the Mini Program, the "Ticket Purchase Instructions" pop-up window will appear as soon as possible

According to the screenshot of the payment provided by Zhao, the reporter contacted the recipient Zhangqiu District Zhixing Ticket Service Center, and the staff said, "Our through train is specially customized for college students, only for students in Jiji, and the vehicle will be arranged according to the number of ticket buyers in the early stage." It is particularly difficult to book a car on May Day, and we need to block the order in advance to determine the number of people to shunt the car. Moreover, there are two pop-up windows before booking tickets, the first pop-up window is informed when you open the applet, and the second time is when you pay, both of which prompt you will not refund or change within 72 hours before departure. If many students refund their tickets for various reasons, it is not easy to coordinate the vehicles on our side. ”

In this regard, the reporter said that it is possible to upgrade the ticket purchase procedure to achieve dynamic ticket purchase management and extend the exemption time for refund and change? In this regard, the staff said: "We will feedback user demands with relevant leaders and technical personnel, and try to optimize the system and process." ”

On the afternoon of April 30, Zhao contacted the reporter and said, "A staff member of the ticketing party contacted me and said that he could refund me a half-price ticket after feedback with the leader, and the refund of 87 yuan has just arrived." The other party thought that I needed to bear half of the responsibility for the temporary change of vote, so only 50% of me was refunded. Zhao said that he did not agree with the result.

The lawyer said that the refund of the ticket of the college student in the "Zhixing Campus" was "not refunded or changed within 72 hours", which the lawyer said was an overlord clause

Zhao received a refund of 87 yuan

Lawyer: This standard clause has a certain attribute of "overlord clause".

"In order to coordinate the use of the car, students are required not to return or change 3 days before departure, but the system bug in the ticket purchase procedure requires students to pay. Zhao believes that since it is a service for college students, the consumer group is mainly students, and it is more necessary to establish a reasonable refund mechanism, such as setting up a ladder refund fee standard for refund to protect the legitimate refund rights of consumers.

In this regard, Jin Xiaodong, a lawyer at Shandong Quanze Law Firm, said that in the process of purchasing tickets, consumers are in a disadvantaged position, and the prompts that appear when booking tickets can be regarded as repeated use and pre-drafted, and the terms that have not been negotiated with the other party when concluding the contract are standard terms, and platform merchants should draw attention to and explain them in a conspicuous way. It is worth noting that those unreasonable and unfair clauses to consumers, such as excluding or restricting consumer rights, reducing or exempting the liability of business operators, and increasing consumer responsibilities, are called "overlord clauses" and are not established in law.

The standard terms set up by the Mini Program are in an ambiguous area. The clause is aggravated and has a certain degree of reasonableness, but after all, there are unreasonable and unfair characteristics to consumers, such as excluding or restricting consumer rights, reducing or exempting the liability of business operators, and increasing consumer responsibility. For such tickets, you can refer to the refund rules of planes and trains, and introduce relevant policies to protect them. The pre-sale ticket platform can launch a tiered deduction and refund mechanism to handle changes and refunds for consumers, which not only protects the rights and interests of consumers, but also avoids the legal risks of the platform.

Reporter: Qu Jiayi Proofreader: Tang Qi Editor: Liu Meimei