Services difficult to remove the Overlord clause: Air China 40,000 guitar damage Compensation 2000

Tourism, telecommunications, banking, insurance, air transport is still the hardest hit "economic reference newspaper," the reporter learned from the investigation, from the second half of 2011, Beijing, Shanghai, Tianjin, Heilongjiang and other areas of the industry and Commerce Departments have launched the service industry overlord provisions of the Special investigation and punishment work, the current Guangdong province　　From March this year to the middle of May, a total of 19,517 business units to check the Contract Overlord clause case 217 cases.　　The so-called "overlord clause", refers to some operators, using their own market dominance, unilaterally set out to evade legal obligations, relief of their own responsibility of unequal form of contracts, notices, statements and shop notices or industry practices, and so on, to restrict consumer rights, seriously infringing the interests of the masses. 40,000 Yuan guitar consignment damaged Air China only compensates for 2000 air shipment overlord clause Liang Beijing report story playback this year 51 small long holiday for guitarist Liu Yan, how can not be happy.　　Oneself a use for many years, the value of 40,000 yuan guitar, in the air consignment was "rough handling" damage, but bear the consignment of Air China responded, at most only pay 2000 yuan.　　According to Liu Yan's assistant Ms. Chen, April 29, Liu Yan flew from Kunming to Beijing by Air China flight CA1004. Since the size of the guitar box has exceeded the scope of the aircraft can be brought, so before the plane, the band will be placed in their own special thickened air box to the Air China window consignment, and repeatedly stressed the value of the guitar, and asked it to handle carefully, and affixed with fragile labels. At the request of Air China, Liu Yan signed an exemption agreement with Air China for the purpose of shipping the guitar.　　Miss Chen said that in the process of Air China, the number of aircraft personnel and no one to remind the value of valuables to be insured and other related safeguard measures. Back to Beijing, Liu Yan opened the consignment air box, unexpectedly found the guitar has been damaged, guitar neck has been completely broken off, the strings are scattered. Then Liu Yan to call complaints. However, after a day of repeated dialing, it still cannot be connected. May 1, Air China responded that passengers signed the exemption agreement, so in accordance with the compensation limit of 100 yuan per kilogram compensation, a total of 1300 yuan.　　Air China said two weeks later that it was willing to raise the compensation to 2000 yuan. In fact, Liu Yan's case is no longer an example. Reporters in the investigation found that the loss of goods, lost baggage, antique harp was falling and other cases occur repeatedly, but because of the airline's exemption clause, so that most consumers are difficult to get the compensation due.　　This has caused consumer dissatisfaction. In this respect, lawyer Wang, a long-time legal adviser in the transport industry, said that air transport payments did not apply to consumer protection laws but to China civil aviation law, but he also pointed out that no matter whether the passengers signed an exemption agreement before, as long as the airline promised compensation, it proved that they have admitted their fault,　　But the amount of compensation is payable in accordance with international conventions. After inspection, the "China Civil aviation passenger, baggage domestic transportation rules" and "China Civil Aviation passenger baggage international transportation rules", two laws are stipulated that important documents,Money, securities and other valuables shall not be sandwiched into baggage. If the baggage is lost or damaged, the amount of compensation will be calculated by weight. If lost in domestic flights, the amount of compensation per kilogram does not exceed 100 yuan.　　If the consignment of baggage before the declaration of value, and the value of the maintenance of the additional fee is claimed, but the maximum limit is 8000 yuan.　　According to lawyer Wang, compensation is not unique to China, but to the international civil aviation system. "Whether it is lost or destroyed, it is unfair to pay according to the uniform standards."　　Pichorine, deputy director of the complaints Department of China Consumer Association, said. In this respect, the Institute of Aeronautics and Space Law Research Center researcher Gaff Huai, said that the loss of luggage compensation cost is low, aviation enterprises do not care about the important reasons for the improvement of work.　　In his view, the "domestic transport Rules" and "international transport rules" were revised in the 90 's and have not been revised, and have lagged behind, and do not reflect today's price standards. In the interview, the various contact Air China Media director, trying to interview the incident in-depth. But many times to call their phones are no answer.　　As of the press, Air China responsible for the telephone has not been answered.　　"Confidentiality agreement" sealing consumer International travel OVERLORD Clause youxing reporter Wang Beijing report story Replay December 2011, when Ms. Peng Yan of Beijing signed the outbound travel contract with Caesar international Travel agency, she did not expect that the "most beautiful cruise trip in the world" not only failed to take place, but also dragged himself into the long road of safeguarding rights. December 3, 2011, Peng Yan and 5 A-level travel agency Caesar International Travel Service signed the "outbound travel contract." Under the contract, Peng Yan participates in the "Sleepwalking Norway" tour organized by the Caesar International Travel Agency and rides the Haidalud cruise Company's "Mountain Demon Fjord" cruise, cruising between the islands and the fjords, exploring the classic Norwegian Arctic journey. All travel expenses stipulated in the contract are 46000 yuan, including: "... International round-trip air tickets and flights in Europe, Norwegian Haidalud mail steamer ticket.　　"For fear of seasickness, Peng Yan also paid an additional 28000 yuan for the lift." With the excitement of seeing the aurora by boat, Peng Yan January 27, 2012 15 o'clock from the capital airport, two flights through 31 hours to reach the Norwegian Arctic town of Tromso.　　However, before the ship, Caesar International travel guide suddenly told the cruise ship failure, the original voyage canceled, the change by Haidalud Cruise company to provide two nights accommodation and a replacement of the established sea flight. "This is obviously cheating.　　Peng Yan was very angry, refused to change to the plane, asked to coordinate arrangements for the boat project, in the absence of resolution, she had to stay alone in the Arctic town for five days and four nights. On January 31, 2012, Peng Yan was forced to sign the "confidentiality agreement" text provided by Caesar International Travel agency in the face of a visa expiration. According to the agreement, Caesar International Travel Service will refund the payment of the Peng Yan 50% to 37 after returning home.000 yuan, but the premise is that Peng Yan should be treated in this case all the information confidential, not to inform the third party, and to ensure that no liability for travel agents.　　It is reported that "Sleepwalking Norway" tour of all the members of the group, without exception, signed the same content of the "confidentiality agreement." "The confidentiality agreement that the travel agency forces consumers to sign is a clear form clause, which we often call the Overlord clause, which is invalid under the contract law." "The Beijing Bar Association consumer Rights Legal Profession Committee Secretary General Shang told Economic reference newspaper reporter, Caesar international Travel Agency request Peng Yan signed" The confidentiality agreement "to contain" should all information which the event handles the confidentiality "," guarantees no longer to hold any responsibility "and so on exempts the operator main responsibility, Excluding the substance of the consumer's main rights is an unequal form clause. In addition, the confidentiality agreement on "repatriation after the return of 50% group of 37000 Yuan" agreement is clearly unfair and unreasonable.　　Even if the fraud factor is not taken into account, according to the contract law No. 300 and the Travel agency service Quality compensation standards eighth, Caesar international travel agency should not only return the Peng Yan fee of 28000 Yuan, but also pay the same amount of liquidated damages 28000 yuan. Peng Yan's encounter is not an exception. According to the industry insiders told reporters that the "confidentiality agreement" in the tourism industry is widespread. At present, domestic tourism subcontracting problem is serious, some travel agents will be recruited, and then transferred to the relevant qualifications of travel agencies, subcontracting down the situation in the contract is often a sample, and when the consumer claims, the confidentiality agreement to relieve the responsibility, "especially in foreign countries, do not sign will not give you passports, If you can't come back without a passport, you'll have to sign it. "Card small account management fee banking overlord clause" embezzled "Customer property reporter Cai Ying Beijing story playback" Last December, China Merchants Bank (Weibo) card, was deposited in the 5000 yuan current, has not moved. Two days ago to the ATM machine to check the account, incredibly turned into 4994 yuan.　　"Mr. Liu, a citizen of Beijing, said to the economic reference newspaper that he wondered where the 6 yuan had gone, and that he had been deducted from the management fee for the small account by calling the Merchants Bank.　　Mr. Liu said that when he was handling a card, he was not told to charge a small account management fee, even if there was a new deposit, he would be charged with a small account management fee. The reporter calls the merchant bank in the identity of the customer, the line staff said, "our bank daily average amount of deposit is below 10,000 yuan per month, need according to 1 yuan per month of the standard charge small account management fee, in the calculation way on the last day of the month except." "At the same time," the staff said, "daily deposits are for customers in the National Bank of China, the calculation of deposits, that is, if there are more than card, the customer will be counted the total amount of deposits in the merchant bank to calculate the daily average. In fact, last year, the CBRC, the central bank and the National Development and Reform Commission issued a joint dispatch, requesting from July 1, 2011,The bank exempts 34 RMB individual account service charge item, but the "stop" of the small account management fee is "signed on behalf of the payroll account, pension account, low income account, health care account, unemployment insurance account, Housing Provident Fund account of the annual fee and account management fee (including small account management fee)", Does not include an ordinary deposit and withdrawal account.　　As a result, regulators believe that it is not an offence for a bank to charge a small account management fee to an ordinary deposit and withdrawal account. However, the reporter learned from a Chinese consumer association, a person familiar with the matter, that there has always been no knowledge of the small account of the charges received by the complaint is not a minority. A number of industry lawyers in the "Economic reference newspaper" reporter interviewed, said, "The Bank of the ordinary card charge for small account management fees or additional charges of the Act, although not illegal, but all unreasonable, its basis for the charging clause is a popular sense of the ' overlord clause '.　　At the same time, the reporter through the investigation also found that the bank that collects the fee, when the customer fills in the personal bank account application or the application form, does not indicate how the small account management fee charges and how much, only mentions "party A to open the personal Bank settlement account in party B, must observe the relevant regulations of the small account management of the bank". Recently, the reporter surveyed 17 banks, including 16 listed banks and the Guangdong Bank (Weibo), which is seeking to be listed, among them, the implementation of the nationwide collection of small account management fee has 7 banks: China Merchants Bank, Xingye Bank, Deep Development Bank, Guangdong Bank, ICBC, ABC, CCB.　　In addition, Citic Bank for the ordinary Savings bank card opened in Dongguan need to charge a small account management fee; Ningbo Bank for the ordinary Savings bank card opened in Ningbo need to charge a small account management fee.　　In the specific charging method, each bank is different, and each bank in different areas of the fee standards are different. Through many interviews, the bank side of the view is that the collection of small account management fees in order to clean up the "sleep card" customers, whether large or small funds need to occupy the bank card management resources, so charge a certain fee is understandable.　　However, consumers are puzzled that the provision of services by banks should not be determined by the amount of money in the card, and card is the most basic service provided by banks for consumers, and the collection of management fees for small accounts is not tenable. No responsible party owners will not get the car damage compensation "no liability, no compensation" is still the terms of the insurance claim Overlord reporter Li Dong Ning Beijing Report on the day of October 2010, Chen (a pseudonym) driving a truck in Beijing, Macao and Macau high-speed from north to south to Zhuzhou County zhuting section of the road encountered an accident. Chen's van was suddenly hit by a heavy-box truck and a three-car collision with the vehicle ahead.　　For this reason, Chen costs more than 100,000 yuan for medical expenses, loss of goods and handling of accidents. After the accident, the police department decided that Chen in this traffic accident is not responsible. However, for various reasons, it is very difficult to claim the money from the owner of the accident. Therefore, ChenOnly the China Land Property Insurance company, which has insured its own commercial insurance, claims.　　But the insurance company refuses to compensate, the reason is very "sufficient": the insurance Contract "no liability is not compensable" the clause impressively in the eye, since Chen in this accident does not assume the responsibility, this loss should be compensated by the infringer person's perpetrator. Chen the Land property insurance company to the court. According to the trial court, the defendant insurance company set in the contract "no liability for compensation" clause, objectively exempted from their own civil liability, excluding the Chen in the insurance contract of the main rights, not in line with the plaintiff Chen the purpose of the party, is "invalid clause."　　The Judgment insurance company compensates the Chen each loss cost 145,000 yuan. In fact, the problems encountered by Chen are not an exception. According to the insurance company's claim procedure, the insurance company needs to obtain the maintenance document, the approval loss to pay the indemnity. If the owner is not responsible, their own insurance companies do not give claims, only to the owners of the responsible party individual claims (not directly to the other insurance company claims). The problem is that if the owner of the accident does not cooperate, it is difficult to get the money.　　and vehicles Chuxian, if the insurance companies to their own claims, the other party will be "no liability for compensation", the owners of the claims of the claim to be shut out. In recent years, the controversy over "no liability and no compensation" is particularly prominent. In this respect, the Beijing Bar Association of Consumer Rights Law Professional Committee Secretary General Shang in the economic reference newspaper reporter interviewed, said as the "overlord clause" in the insurance claim, the clause "no liability and no compensation" is formulated unilaterally by the insurance company in the commercial insurance contract, and the insured can only passively accept and even suffer losses.　　Shang that the "no liability and no compensation" provisions of the formulation itself does not conform to the "subrogation" in the insurance Law of the provisions, contrary to the "Insurance Act," the upper method. and "No liability for compensation" has been criticized for a long time, but difficult to resolve.　　In large part because although the applicant through legal means to the insurance company to sue, insurance companies usually lose, but many owners do not understand the problem, usually the amount of money involved is not high, the initiative to pass the law to protect their rights and interests of the owners are few. For the field of auto insurance, "No liability for compensation", "high protection and low loss" and other issues, this March, the China Insurance Regulatory Commission issued "on the strengthening of motor vehicle commercial insurance provisions of the regulation of the notice", which clearly stipulates that the third party to the insured motor vehicle damage caused by insurance accidents　　From the date of compensation to the insured, the insurance company shall not refuse to perform the insurance liability by giving up the right of subrogation in subrogation to exercise the right of the insured to claim compensation from the third party within the amount of compensation.　　Analysts pointed out that in the past, China's "insurance Law" 60th provisions of the "subrogation" more by the insurance companies as a right to "exempt from enforcement", and the CIRC's notice of the "Insurance Law" made a further clear, directly denied the "no liability for compensation" insurance claims "unspoken rules." It should be noted that, although the notice has been introduced, but the effect has notcan be clearly manifested.　　"No Refund", "expired" telecommunications overlord clause white Money reporter Hou Yunlong Beijing report The story playback a few small mobile phone recharge card Let Beijing's Mr. Qi recently very hurt. Mr. Qi to the economic reference newspaper reporter, at the end of 2008, because of the work needs, the company will be transferred to the Guangzhou office of Mr. Qi. Because Mr. Qi usually needs to communicate with customers at any time, so the monthly telephone fee is four hundred or five hundred yuan.　　As a user of China Unicom (Weibo), Mr. Qi will buy about 500 yuan of China Unicom Mobile Recharge card at the beginning of the month. October 2008, in a China Unicom's customer-feedback activities, Mr. Qi at preferential prices, purchased a value of 1500 yuan China Unicom mobile phone recharge cards.　　However, due to job transfer, these recharge Mr. Qazi not in time to fill in the phone. February 2012, the company will be Mr. Qi back to work in Beijing. At this time, Mr. Qi think of his 1500 yuan mobile phone recharge card is not used, so the mobile phone recharge card found out. But what Mr. Qi did not think is that, when he passed the China Unicom Recharge Hotline, input recharge password, the system is prompted to recharge failed. After repeated attempts, Mr. Qi found that the password he had entered was not wrong.　　Subsequently, he came to handle the mobile phone recharge card of China Unicom Business Hall, after verification, staff told him, Mr. Qi was the first to buy the recharge card is valid for the end of 2011, so this 1500 yuan recharge cards have expired. Mr. QI inspected these recharge cards and found that there was a "valid date" prompt, and that the effective date was indeed at the end of 2011.　　Mr Jeanzy is unable to accept that China Unicom staff told him that these expired recharge cards can not be refunded, the loss can only be borne by Mr. Qi. "The money should be refunded to me even if it expires."　　Mr Qi thinks it is unreasonable for China Unicom to "take away" its own money without providing services.　　Reporters in the study of Beijing and other consumer associations found that Mr. Hezi similar cases, and the three major operators are involved. In this respect, the Beijing Bar Association Consumer Rights Law Professional Committee Secretary General Shang to the economic reference newspaper reporter, operators "balance", "expired" unilateral provisions, in fact, is the use of operators in the trading of a strong position, forcing consumers to accept unfair terms. Another Heilongjiang and other experts said that consumers once selected telecom operators, in a very long time, can only choose the operator's services, but also passively accept the attached in the service of various clauses. Consumers have no bargaining power and are less likely to choose the services of other operators immediately.　　Therefore, operators to set their own favorable terms, it belongs to the Overlord clause.　　For the above-mentioned telecommunications overlord terms, last December mid-April, Beijing, Tianjin, Shanghai, Chongqing and other 21 cities, the Association of the three major operators made public criticism, and urged the three operators to rectify this. In this, rememberVisitors to the three major operators in Beijing, a number of business hall, the relevant staff said to the mobile phone recharge card set for validity, mainly to promote consumer consumption, while preventing the sale of mobile phone recharge card dealers illegal sales. At present, the Ministry of Information has ordered three operators to cancel the relevant "mobile phone bill validity period." China Mobile (Weibo) announced on January 1, 2012 that it will no longer launch a new network of users to set the expiration date. However, some consumers told the economic reference newspaper that the current mobile phone recharge card sold by China Mobile has indeed abolished the word "valid", but instead it was "due date". In this respect, many members of the association to the "Economic reference newspaper" Reporter said that this is the same, still belong to the Overlord clause.