Sheet escapes intentionally after using a car, deposit is not removed after returning a vehicle... begin to use when more and more people share a car, relevant dispute also grows subsequently. The reporter understands from court of the sand austral Guangzhou now, 2017 up to now, front courtyard of issue of trade of Na Sha court heard 13 concerned cases in succession.
Do not pay fee with the car
Escape intentionally the court on only defendant
On March 29, 2017, han Mou registers some to share car member to apply for to rent car to use to operation enterprise through mobile phone App, on April 16 different ground returns a vehicle, but the charge renting a car during the Han Mou after returning a vehicle did not pay however, operation enterprise is called for many times remind, han Mou did not pay corresponding fee all the time however. Operation enterprise asks to to lodge a complaint of Na Sha court Han Mou pays corresponding charge and accrual loss. Final, han Mou is fulfilled to operation enterprise after paying obligation, operation enterprise nolles prosequi.
Traffic accident produces during renting a car
Did not press contract agreement operation
In June 2017, qin Mou carries Xiang Mou to share car operation enterprise to apply for to rent car to use through mobile phone small letter, traffic accident happens to bring about car to damage badly because of noticing safety drives during use. But the Qin Mou after accident happening not comply with " the user registers an agreement " the regulation contacts personnel of operation company customer service in time, did not call the police in trouble spot reach cooperate an accident to investigate, bring about insurance company to did not grant to manage to partial loss compensate. Operation enterprise sues a requirement its bear the loss such as car upkeep costs, compensation for stoppage. Classics court chairs mediation after, after Qin Mou pays car upkeep costs in installment to operation enterprise, operation enterprise abandons other position, case bear thing.
It is easy to rent a car
The cash pledge after returning a vehicle is retreated hard
Lin Mou and some operation enterprise sign the contract that rent to reach the sheet that rent a car, operation enterprise receives gold of card of be bailed out, after the agreement rents deadline at the expiration of one's term of office, return inside a month. Reassign of the Lin Mou after deadline at the expiration of one's term of office rents car, did not get returned earnest money inside time limit however, lin Mou is returned during bargaining produce affray event with clerk of store of the door below operation company line. Because both sides is long not negotiate, become consequently appeal to.
The court thinks via cognizance, both sides signs a contract to rent car is true meaning expresses, lawful and effective, should according to conventional exercise right, fulfil obligation. Lin Mou already was fulfilled end to use a car to hire of pay of operation enterprise full specified amount and bail, safety, remand on schedule wait for contract obligation, behoove of reason operation enterprise fulfils the contract obligation that returns earnest money on time. The both sides after sentencing all did not appeal.
Judge view:
The judge expresses, in this kind of case, consumer is incidental these problems: Individual consumer lacks sincere letter to honor the agreement contracted spirit and consciousness, safe consciousness, sheet escapes intentionally after existence rents use car, produce traffic postaccident not to wait for behavior according to contract agreement operation, cause additional responsibility finally to oneself or bring about a loss to expand.
When consumer is using APP hire to share a car, face interfacial place to play the contract provision that go out to often be met rarely content of read through clause, be in directly however " agree with contract provision " choice pen point hits a hook to affirm, heavy to contract content visual range is spent insufficient. Compulsory to the consumer that agrees among them, how does car loss define when circumstance of caustic of occurrence accident car especially, reduce the content such as oneself responsibility to lack understanding.
After use car pay corresponding fee not in time, agree because of the accident causes car damage and pressing a contract the behavior such as the operation is belonged to did not fulfil contract obligation according to the agreement. If consumer the because of this responsibility of breach of contract that be found out, increase extra burden possibly.
The judge expresses, in this kind of case, gold of operation enterprise be in custody manages respect existence problem, it is easy to bring about consumer to rent a car, gold of return a deposit is difficult. The purpose of cash pledge of operation enterprise collection, should rising to assure certainly at be being fulfilled to the contract action, the attention of aggrandizement tenant is compulsory, damage to what undeserved use likelihood causes at the same time, provide preferential safeguard sufferring countervail for lessor. But it is difficult to share gold of economic return a deposit already not was an exemple, the experience that in Na Sha front courtyard of forensic trade issue accepts nearly 3 years shares car case in, the case that has 84% all sues a requirement to return deposit for consumer, the trend report of constant growth gives operation enterprise to be less than to cash pledge management and operation enterprise the ignored to consumer rights and interests.
[reporter] Shang Liyang
[reporter] red of Zhao of bright of Wang Jun grandson
