標題: I wanted to sue in Beijing [打印本頁] 作者: alksf00ug 時間: 2015-10-22 03:37 標題: I wanted to sue in Beijing Beijing Wang Jinsong in the back when a passenger ticket discount is China Eastern Airlines Corporation Limited (hereinafter referred to as CEA) in losses by charging up to 80% cancellation fee. Wang Jinsong believes that his many days in advance refund and flight before takeoff at full price ticket, eventually sold out show tickets,air max pas cher, refund conduct did not result in losses to the airline, refund fees is extremely high. For this reason, as a lawyer, Wang Jinsong the Eastern court.
Ultimately, the Shanghai Pudong New District Court ruling, Eastern refund fees charged is 80% purchase money, apparently too high, damage the interests of the plaintiff, the court will refund the cost of adjustment, where appropriate, to 20% of the fare. Recently, Wang Jinsong special trip to Shanghai, from the hands of the judges received a refund of 306 yuan fare.
Newspaper Reporter money Weihua
□ Event
Eighty discount ticket refund fee
306 yuan! After careful inventory Wang Jinsong, slowly put the money in the wallet. July 30 morning, Wang Jinsong flew from Beijing to Shanghai, took the money from the hands of Shanghai Pudong New District Court judge. To recover the money, Wang Jinsong took almost five months a year, he knows the money will be able to recover.
Last February 16 afternoon, Wang Jinsong by Eastern service hotline 95530, telephone ordered a Feb. 23 from Beijing to Shanghai MU271 flight tickets, approximately 4.7 fold. Wang Jinsong pay by credit card 630 yuan, 510 yuan is the ticket money, 120 yuan is fuel costs and airport fees.
The next day at noon, Wang Jinsong temporary because the trip has changed, you need refund, 95530 staff informed him that a refund to deduct 80% cancellation fee. "This deduction was also much." Said Wang Jinsong, 510 yuan suddenly shrunk remaining 102 yuan, he proposed Meal to staff, the other said not (now discount tickets can already Meal, there need to make up the difference the difference).
□ rights
Litigation lawyer at different places
"Failed to communicate on the phone, I was bad luck." Wang Jinsong memories, but as a lawyer, occupation intuition told him "this unreasonable",roshe run pas cher, together with the other side and let it "go to court to resolve that unreasonable," Wang Jinsong decision Eastern prosecution.
From the beginning of last February 18, Wang Jinsong prescribed daily flight information through the network concerned,http://121.199.32.106:8088/portal/?action-viewcomment-type-news-itemid-325, and page screenshots reserved. Meanwhile, the daily call to 95530, to query the price of flights and whether there are more than vote, and call recording.
Wang Jinsong found 3 days before departure, the fare began soaring, up into a full price, and finally show tickets sold out. "This means my refund did not affect their sales, and subsequently are full price sales, that I not only did not refund the losses caused by China Eastern Airlines, as well as possible for them to earn money." Wang Jinsong said.
Last February 24, Wang Jinsong receive a stamped seal of Eastern Shanghai call center business refund single display button 408 yuan fee refund. "It's unreasonable and unfair is obvious." Wang Jinsong said that if the last ticket he bought when prices are discounted, but also not at full strength, he can only be bad luck, but the opposite is true.
Last April, Wang Jinsong sued the CEA decided to require the return of the detained airfare. However, due to the other party only give him a credit note, the above does not show details flight origin and destination of Shanghai, Beijing, failed to lead to the case filing in Beijing, he had to run to the Eastern Company Location Shanghai fight this lawsuit.
Last Nov. 7, the case in Shanghai Pudong New District Court filing.
□ Focus
& Gt; & gt; plaintiff
Refund fee should be profiteering
On the morning of January 30 this year, the Shanghai Pudong New District Court heard the case publicly.
More than three hours in the course of the trial, the two sides heated debate. Among them, more than two hours around "is causing the loss of the airline's" The focus point of heated debate, because this is the main reason airlines charge cancellation fees.
Wang Jinsong thinks he canceled 7 days in advance booking,http://www.xiyatour.com/home.php?mod=spacecp&ac=blog&blogid=, the defendant had sufficient time to re-Eastern sales on an empty seat in order to avoid losses. He has taken measures to prevent the emergence and expansion of the loss, even if his behavior need to pay a cancellation fee refund or liquidated damages,http://patterns-wg.fuka.info.waseda.ac.jp, it should be a reasonable proportion to the principle of compensation, that is punishment rather than profitability even profits for the purpose. In fact, after he refund is when the plane took off at full strength, and later the full price of the ticket, does not exist the so-called loss, which does not appear in the case of losses, China Eastern Airlines still charge up to 80% fare refund fees, are abnormally high, obviously unfair.
& Gt; & gt; defendant
Service flights on loss reports
Eastern agent, said the level of refund the cost of the ticket purchase are set according to time and price determination, refund conditions are not unreasonable, unfair; development and related conditions Refund ticket sales industry authorities have received recognition, and therefore, the defendant Eastern refund conditions set perfectly legal, the two sides should follow the performance.
To prove the plaintiff's conduct to the Eastern refund losses, Attorney in court presented an internal financial statements. Reports show that there were more than 250 flight passengers, attendance is ninety percent, rather than full house; financial statements show tour flights a loss, the loss amounted to more than 3700 yuan.
In this regard, the plaintiff Wang Jinsong completely recognized. Because, whether it is online screenshots, or reply Eastern service hotline staff, and are told that tickets sold out, so I can not recognize non-full member of the statement made by the defendant's agent. In addition, Wang Jinsong said that if attendance is less than half, there will be a loss can understand, then press their claim to ninety percent attendance or loss can not understand, can only think the loss is the norm, and travelers have been unable to get a refund there is no relationship. "This internal financial statements, are not unreasonable situation, I will not be recognized." Wang Jinsong stick to their point of view.
□ judgment
Cancellation fees, as appropriate, adjusted to 20%
The court held that, in accordance with industry regulations and practices, purchasers have the right to terminate the contract in advance refund, drawer also have the right to charge a cancellation fee,http://googemani.seesaa.net, it will be without prejudice to the interests of the other party as a precondition. The case, cancellation fees charged by the defendant Eastern is 80% purchase money, apparently too high, damage the interests of the plaintiff. Therefore, the court will refund the cost of adjustment, where appropriate, to 20% of the fare, because the plaintiff's behavior is bound to refund the increase in operating expenses of the accused, but also impact on the normal operation of the accused.
April 27 this year, the court ruled that the defendant should be subject to the return of the plaintiff Wang Jinsong Eastern refund fees 306 yuan, equivalent to deduct 20% cancellation fee.
□ Interrupted
Refund up to receive a 50% discount ticket
Recently, reporters call the service hotline 95530 China Eastern Airlines, the staff told reporters that at present China Eastern Airlines discount tickets ticket refund fee respectively, according to the discount rate, before takeoff and after takeoff, and other conditions to the implementation of 10-50% of the charge, in addition to the full price ticket refunds should be charged a 5% fee. Discount tickets, the refund is the highest fees charged 4% to 5.5 discount tickets, 50% deduction,http://store.shopping.yahoo.co.jp/mamapan/25080002.html, refund fee is 10% off the lowest ticket deduction of 10%, while the lowest discount special fares, such as 70% off tickets still to implement " shall refund "requirement.
Reporters interview that other airlines, discount ticket refund fee refund have, but not exactly the same proportion. However,moncler pas cher, than before, it has been reduced to adjust. Among them, the same as the Eastern, China Southern Airlines, Hainan Airlines and other airlines for discounted fares to be charged 10-50% cancellation fee; charged 5-30% cancellation fee Air China, Shanghai Airlines, Shenzhen Airlines and other airlines.
Reporters noted that in addition to debit the case, the situation does not buckle refund fees there. Including, if the reasons causing flight cancellations due to the airline in advance, delays, flight changes or does not provide scheduled seats, passengers request a refund, origin shall refund the full fare, it stops to be refunded all unused segments fare, and does not charge cancellation fees; passenger illness (including sick passengers accompany staff) request a refund, it proved as long as medical units, origin should refund the full fare, stopping unused land should be returned to Air All fare segment, shall be charged a cancellation fee.
□ dialogue for the rights to play the "money-losing lawsuit"
Reporter: think of how to fight this lawsuit?
Wang Jinsong: In the beginning I did not fight this lawsuit. I often fly, never come across such a problem, this kind of thing someone who fell and fell on his body is not the same feeling. If I was looking to fight this lawsuit, I could not answer, advising people to forget when to buy a lesson. Later, I grew more and more feel a little uncomfortable, the cost really buckle too high.
Reporter: What is the key to winning this lawsuit is the point?
Wang Jinsong: I keep a lot of evidence, including screenshots, audio, etc., these are out of professional habit, most people probably will not do it, so that less supporting evidence. Also, I ordered the flight happens at full strength, but in the beginning of the full price of the ticket before departure, which means that after the Eastern buckle refund fees reasons "loss" is not established. That is, if I booked the flight, after my refund, I have been selling prices when booking, or lower prices, there is no full, I could not play this lawsuit, I will understand refund This practice fee. But things are not like this, so I hope that the airline may be empathy, understanding what travelers feelings,http://www.suiningmz.com/edu/Review.asp?NewsID=301, respect and treat passengers, instead of "King terms" against the interests of passengers.
Reporter: The court process encountered difficulty?
Wang Jinsong: litigation process, indeed encountered many difficulties. Filing only, it twists and turns, I wanted to sue in Beijing, because I was in Beijing booking, ready to take off from Beijing, but after my refund, only have each other to provide a single refund, the above information is incomplete,moncler sito ufficiale, show not some important information, with the CEA requested to provide some additional information, etc., but was rejected, cause I can not put on record in Beijing. He came to Shanghai prosecution, filing, as in their "home" court. Among other things, just back and forth back and forth very troublesome, Shanghai has run four times, spent a lot of time.
Reporter: thought to give up?
Wang Jinsong: no. I know there are difficulties, but his mind began, never thought of giving up. Prior to this, this type of lawsuit between passengers and airlines are passenger transport, airline win. Airlines feel, with the contract between the parties, agreed to refund fees of content, visitors must abide by. But in fact, this is what they just contractual, overlooked one of fairness.
Reporter: not enough money back to court to spend the money, right?
Wang Jinsong: paying the money back spent less than one tenth. I travel and accommodation cost about 8,000 yuan,http://www.shibuton.jp, but I do not regret it, and not only to me but also to return the money withheld from the start I thought of the difficulties, but I think that under the present situation, through judicial decision procedures, to promote China Eastern Airlines and various other airlines such strong business, awareness of some of the changes you want to make for a strong content-related conventions. I hope consumers in a weak position in terms of the King into a strong position, it is possible for their own rights.
Reporter: If you want other passengers similar rights, then, need to pay attention to what?
Wang Jinsong: rights must be reasonable, have a degree. Now communication is developed, people can phone recording rights,moncler sito ufficiale, video and other features will the fact that through the whole record, preserved. However, I do not want a lot of people out rights, but do expect airlines to treat passengers, passengers on the train from the company's "loyalty."
□ view
Refund fixed fee should be charged
Yesterday, the human rights lawyer Qiu Baochang said the refund means booking defaults, the airline will operate some impact, so the airline can charge a cancellation fee to refund passengers, but it should be a reasonable value.
In the past, discount tickets to receive a refund of 80% of the costs, or even all deductions, very unreasonable, now somewhat lower, but even charge 50%, still high. Qiu Baochang that should be determined as an amount, for example, a value of 50 yuan, etc., rather than in proportion to the charge a cancellation fee.
Qiu Baochang said the passengers to buy discount tickets to enjoy the benefits,http://www.railroadpix.com/cgi-bin/photos/search.cgi, but also the airline their business strategy is to attract more passengers, so travelers should passengers to buy discount tickets and enjoy the full price tickets the same rights. And if guests discount ticket refund, the refund should be charged high fees, the cost means that the passenger airline business strategies to burden caused by this from the business point of view, is inappropriate. "After the passenger tickets, if no special circumstances, how many people will go to a refund or Meal?" Qiu Baochang said that since the launch of discount airline tickets as a business strategy, they should look beyond this number, do not give passengers Setting such obstacles, so as to attract more visitors.
In addition, Qiu Baochang that the rights and obligations are equal, airline passengers breach refund claim deductions, you should ask them to make their own flight delays and other compensation in the event of default. Among them, because of flight delays not claim force majeure is possible, but because of the human factor if flight delays deployment of aircraft maintenance as a result of compensation should bear the responsibility, but not now, even if delayed for several hours also went unheeded. In addition, the airline will encounter cases of force majeure, travelers may also encounter, in which case a refund, then, is not it can not charge cancellation fees.