1 Yuan seconds to kill Hainan Tour said bubble case Court trial awarded 1000 Yuan

This year, 64-year-old Zhu Qian 1 yuan to spend a "second kill" a Hainan tour, the results of six months, Hainan still failed to go. Recently, Shanghai Pudong New Area People's Court of First Instance confirmed group buying website sponsors Shanghai Road Generation Information Technology Co., Ltd. (referred to as "the way of the company") constitutes a breach of contract, awarded 1000 yuan, but also dismissed the rest of Uncle Zhu's claim.

"Event passed"

Uncle Zhu lived in Minhang, although he retired at home, but is a senior "online shopping talent." May 18, 2011, "Tuan Cheng Network" and launched a 1 Yuan "second Kill" "Hainan 5th to visit" activities. According to Uncle Zhu, "the advertisement said, the original price of this product is 1000 yuan, May 28, not including round-trip ticket, but contains local eating and living travel and attractions first ticket, Live is a four-star hotel." Immediately, Uncle Zhu immediately "second kill" success, and through Alipay payment success. Contract agreement, the next after the success of the order within 3 days with the way the company designated travel agents booking, signed the contract. The next day, Uncle Zhu got through the phone, ran to the designated travel company in Zhongshan Park store, hope the first time to finalize things.

"To travel agencies, they want me to buy other products, that is, round-trip air tickets." "Uncle Zhu said," I proposed to buy tickets by other means, the result is not willing to sign the contract with me. "After communicating with the company, the result is the same: either buy the ticket for the designated travel agency or not."

The company does not perform the contract, Uncle Zhu very chest tightness, to the Industry and Commerce Department complaints. After mediation, the two sides agreed on May 27, the company on the basis of the previous July 26, 2011 in accordance with the original conditions of the contract, and compensation for the old Mr Zhu information photocopying, transportation and other 300 yuan. After the signing of the conciliation agreement, the company paid 300 yuan compensation, but failed to fulfill the "Hainan 5th visit" Product service in the appointed date. August 3, Uncle Zhu to the Pudong court to sue for the decree of the company compensation for the loss of tourism 1000 yuan, and compensation for spiritual damage Comfort gold 1000 yuan. Reporter learned that the "network" in April 2011 on the line, its host side of the generation of the company is established in March. However, after the court case, the hearing summons, etc. are repeatedly returned. "I was able to find them at first, I couldn't find anyone last June, and now I can't even get a phone call." "said Uncle Zhu.

"Court decision"

Finally, a copy of the petition and a court summons were served on the Pudong court notice and the case was heard in public on November 22, 2011. During the trial, Uncle Zhu provided the consumer's appeal case mediation book, the company's business information, the website commodity detailed summary, the way generation company did not reply.

The Court held that the failure of a party to perform a contractual obligation or to perform a contractual obligation does not conform to the agreement, and shall be liable for breach of contract, such as continuing performance, taking remedial measures or compensating damages. Therefore, the old man asked for Hainan travel at the original price of 1000 yuan to be compensated, the court to support; The company is summoned by law and refuses to appear in court without proper reason, as a waiver of litigation rights, and the corresponding consequences by their own.