30 types of unfair contract terms will be penalized upon use
Release Time:
2012-10-08 13:55
Source:
Beijing Evening News
When going to the gym, customers are told "All membership cards of this club are non-refundable"; when sending laundry, they are told "Damage to zippers, buttons, and decorations during washing is not covered by company compensation"... These are the strong terms imposed by operators, Consumer helplessly comply with these "unfair terms" and face "blacklisting."
Yesterday, the Beijing Municipal Administration for Market Regulation announced 30 commonly used unfair terms in four major industries: fitness, bathing, laundry, and beauty & hairdressing. So far, 491 companies in the city have been ordered to rectify for using unfair terms, with fines and confiscations totaling 1,030,200 yuan for violations of standard terms. Operators who persist in the "unfair" practices were fined 10,000 yuan.
Laundry shop: "No responsibility for insect bites, rodent damage, or mildew" fined 1,000 yuan
In May this year, during an inspection, market regulators found that a laundry shop in Beijing used a clause in its "Laundry Receipt" stating: "The shop is not responsible for insect bites, rodent damage, mildew, etc. after one month of storage." Investigation showed this clause had been used 68 times.
Market regulators pointed out that besides the laundry agreement between operators and consumers, there is also the operator's responsibility for the care of clothes. If customers do not pick up their clothes on time, operators cannot use this as an excuse to avoid their custody obligations. "During the custody period, if the custodian causes damage or loss due to poor care, the custodian shall bear liability for compensation."
According to relevant regulations, the market department ordered the laundry shop to make corrections and fined it 1,000 yuan.
Citizens can report unfair terms they discover
The 30 unfair terms publicly released this time were verified one by one by contract supervision experts, many of which consumers often encounter when receiving services. The Municipal Administration for Market Regulation stated that consumers can check on the administration's website and report similar terms when purchasing prepaid cards or receiving services in the four major industries of fitness, bathing, laundry, and beauty & hairdressing.
Next, the market department will continue to work with relevant industry authorities and associations to collect and verify unfair standard terms that infringe on consumers' legitimate rights and interests, and release them to the public in due course. D044
Some unfair terms confirmed by the market department
Laundry industry
■ Damage to zippers, buttons, and decorations during washing is not covered by company compensation. ■ If you have objections to the washing results, please raise them on the spot; no claims after leaving the counter. ■ Clothes sent for washing and not picked up for over 3 months may be disposed of by the operator. ■ The shop is not responsible for insect bites, rodent damage, or mildew after one month of storage. ■ The company is not responsible for color fading of clothes themselves causing dye transfer or for removing special stains.
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