Not long ago, in order to ask for a 99 yuan deposit, 21-year-old Tsinghua University student Xiao Sun decided to find an explanation from the "little yellow car".
In May this year, he found that the ofo APP login page had updated the "User Service Agreement", which stated in small fonts: Any dispute arising out of or related to this agreement should be submitted to China The International Economic Arbitration Commission shall conduct arbitration in accordance with the arbitration rules currently in effect at the time of application for arbitration. The arbitration shall be conducted in Beijing, and the arbitral award shall be final and binding on both parties.
Xiao Sun believed that such an arbitration agreement was invalid, and that ordinary people would not notice the specific terms at all, so he filed an application with the Beijing No. 4 Intermediate People’s Court to confirm that the Xiaohuan Car Arbitration Agreement was invalid because The deposit for Ofo users is 99 yuan or 199 yuan, and the minimum fee for the China International Economic and Trade Arbitration Commission to accept and handle a case is 6,100 yuan.
The court held that the arbitration clause in the Agreement in this case had a clear expression of intention, arbitration matters and the selected arbitration institution, and based on the ascertained facts, Xiao Sun voluntarily chose to register as an Ofo*** shared bicycle users, if there is no invalid situation stipulated in the "Arbitration Law", it should be deemed valid.
On July 23, the court ruled to reject Xiaosun’s application, and the application fee of 400 yuan was borne by Xiaosun.
So far, Xiao Sun not only failed to return the deposit, but also "compensated" 400 yuan.
Extended information:
OFO, which owed tens of millions of people deposits, "disappeared" and lost all contract spirit
According to a report by China News Service on August 3, From ofo's official website, public account, client to office location, suppliers... almost all public channels cannot trace the trace of the bicycle-sharing company ofo. Ofo seems to have "evaporated", but it owes a lot of money behind it. Debt: As of August 1, there are still more than 16 million users waiting for their deposits to be refunded. Based on the minimum amount of 99 yuan, the debt has reached 1.6 billion yuan; the execution target of its operating entity Dongxia Datong (Beijing) Management Consulting Co., Ltd. The total amount is approximately 536 million yuan, and the proportion of the total unfulfilled amount is approximately 95%.
Thinking about it, more than 16 million users can only mutter to themselves: The deposit cannot be paid, at least there should be an explanation. This loss is really unclear. The disappearance of companies that owe tens of millions of users deposits reflects the lack of contractual spirit and the lack of integrity in some companies, leaving us with heavy thoughts.
From some prepaid companies running away due to poor management, to individual companies in emerging industries arbitrarily changing their operating terms or simply turning their backs and refusing to admit their mistakes, such incidents have repeatedly stimulated the public's nerves and caused problems for the whole society. Companies in other industries have set bad negative "demonstrations", which not only damages the economic interests of relevant consumers and users, but also hurts the general public's confidence in the basic rules of the market economy.
China.com - Tsinghua University student sued ofo for 400 yuan in compensation