For 27 yuan, Li Fei, a renowned law professor at the Central University of Finance and Economics, sued Mobais bicycle in court. On March 15, 2018, Beijing Fengtai, Li Fei rode a bicycle to a banquet. After riding 666 metres, he stopped and left, but forgot to lock it. The next day, Mobai bicycle sent deduction information, he learned that the system continued to charge, 814 minutes in total, deduction of 28 yuan.
Li Fei told Red Star News that after receiving the information, he had reported the problem to Mobai bicycle, but it has not been solved. Li Fei believed that Mobais bicycle act was an improper profit and many people forgot to lock it up, so he filed a lawsuit. Red Star News reporter learned from the Peoples Court of Haidian District of Beijing that the case will be heard on December 21.
Li Fei said that the charging standard for the bicycle involved in the case was 1 yuan per half hour. The whole ride was 666 meters on that day. It took less than 10 minutes to pay 1 yuan, but was eventually deducted 27 yuan. He told Red Star News that as a high-tech company, Mobai bicycle should take into account that users often have abnormal parking phenomena because they forgot to lock their cars. It should preset parking lock warning function and abnormal parking automatic stop charging function in the software system, instead of unlimited charging.
In Li Feis view, such problems are common, and Mobai bicycle is in an advantageous position in the process of dealing with consumers. In more than 800 minutes, Mobai bicycle failed to fulfill any obligation of prompting, and ultimately forcibly deducted fees, which is forcing consumers to pay for its unequal, unfair and unreasonable charging rules.
Red Star News noticed that the Mobye bicycle login page has a service agreement link, cost-related shows that only if the vehicle is locked successfully can it be used by the next user for normal billing, otherwise the vehicle will be in a state of continuous occupation by you or even stolen. If you fail to close the lock successfully, please contact our customer service personnel immediately in order to take appropriate measures in time, otherwise the vehicle will be deemed to continue to use and you will have to continue to pay the rent.
However, Zhang Xinnian, Li Feis attorney, believes that according to the provisions of the Judicial Interpretation of the Contract Law and the Contract Law, the clauses that are prepared in advance for reuse and not negotiated with the other party at the time of concluding the contract are called the standard clauses in law. If a contract is concluded with the standard clauses, the party providing the standard clauses should follow the principle of fairness to determine the rights and obligations between the parties. Adopting special marks such as characters, symbols and fonts that can attract the attention of the other party to draw the other partys attention to the clauses that exempt or limit their liability, but when the consumer downloads and uses their operating software, Moby Bay clicks on the login to indicate that they have read and agreed to the format clauses. Obviously, it has not fulfilled the duty of prompting, and it exempts itself from operating responsibility, increases consumer responsibility and excludes them. The clause of the main rights of the consumer shall be invalid, and the proceeds obtained under the invalid clause shall be unjust enrichment.
A staff member of Mobai bicycle told Red Star News that Mobai bicycle charges on time and will always be charged unlocked. We cant lock it remotely, we can only close it manually. Follow-up will continue to improve and improve.
Source: Red Star News Author: Responsible Editor of Wang Chun: Su Honghong_NBJ9980