Because erupt epidemic situation and big mist weather, travel company contracts cabin room swims to encounter big batch withdraw from a young league outside 886 conditions of passenger liner, loss is severe. Cooperate to begin later period, commitment of passenger liner company regards the deposit that includes a ship next time as section of partial remaining part with allowance deficit of this the number of voyages or flights. Operation is exited because of passenger liner after, two companies produce issue for deposit. A few days ago, shanghai admiralty courtyard makes first instance adjudicate to this case, company of the accused passenger liner is returned to accuser travel company return deposit RMB 2.08 million yuan. In the after sentencing Shi Ming with active court the job falls, passenger liner company already paid total money, dispute gets be settlemented satisfactorily.
Loss of withdraw from a young league of tourist of travel company experience is severe
On January 9, 2015, company of some passenger liner of company of a travel and Shanghai signed Zhou Shan " room of passenger liner cabin supply agreement " , conventional travel company is purchased " Tian Haixin century " date passenger liner came on June 9, 2015 on June 20 12 days of 11 evening, zhou Shan, aid city, Zhou Shan, boat Shan Fu ridge, 8 generation, aid city, Zhou Shan and Zhou Shan, Nagasaki, aid city, the bag cabin of 3 the number of voyages or flights of Shanghai is supplied.
May 2015, korea erupted middle east breath is asked for integratedly (MERS) epidemic situation. The first voyage or flight number that reached 11 days on June 9 cannot honor the agreement because of big mist again and cancel, cause tourist panic thereby, hind the tourist of two the number of voyages or flights also appears one after another return a ticket, bring about aboard tourist number decreases considerably, bring bigger loss to travel company.
Company and passenger liner company travel to be communicated through mail for many times later, to offset the loss of travel company, 50% of the money of finishing stroke end that bilateral agreement pays passenger liner the company travel company, namely RMB 2.08 million yuan, regard the bag of follow-up the number of voyages or flights as boat deposit. After the event although classics for many times Cuo business, because course and timeline do not accord with demand,fail to reach the new agreement that include a ship.
On August 29, 2018, "Day sea new century " date passenger liner ends operation. For this, travel company tells passenger liner company consummate sea admiralty courtyard, the requirement is returned times doubler deposit, assume attorney representative cost to wait add up to RMB more than yuan 4.3 million, request to sentence make enjoy " Tian Haixin century " lien of shipping of date passenger liner.
Around careful of front courtyard of two large central issues intense argue
In front courtyard careful
Whether hold water around contract of the deposit that include a ship and become effective and wrap boat deposit contract to whether answer applicable deposit punishs a focus of two big dispute, both sides launched intense debate.
Accuser travel company appeals to say: "Tian Haixin century " date passenger liner is stopped manage, the purpose of sale of boat of bag of follow-up the number of voyages or flights that brings about accuser to already paid deposit cannot come true, the accused behavior makes break a promise, ought to undertake responsibility of breach of contract; Accuser ever asked and the accused continues to cooperate packet of boat, accuser is capable to fulfil a contract, but the accused is done not have on the price and course arrangement and accuser is reached consistent, the reason that is the accused is brought about did not reach the agreement that include a ship.
Argue of company of the accused passenger liner says: Bilateral contact email cannot prove to wrap boat deposit agreement to reach consistent, the behavior that accuser pays contract end the money is to fulfill " room of passenger liner cabin supply agreement " , wrap with what will come there is correlation between the boat, the mail that is based on both sides is communicated, the accused expresses to agree to will owe the 50% serves as next collaboration deposit of amount only, but cannot regard as abandoned section of this part remaining part; Although both sides established deposit contract, the accused has honor the agreement adequately ability, the fault that both sides did not continue to include a ship is in accuser, the accused has authority to confiscate deposit; "Day sea new century " date passenger liner is not place of company of the accused passenger liner to belong to shipping, different idea accuser enjoys shipping lien to this boat.
The court adjudicates the accused is returned return 2.08 million yuan of deposit
The court thinks via cognizance, former, the accused with respect to experience case " room of passenger liner cabin supply agreement " more than disbursement and compensation reached finishing stroke to agree, at the same time both sides also agrees this beyond money 50% namely 2.08 million yuan include boat collaboration deposit next as accuser. Accuser paid corresponding money, so the contract of the deposit that include a ship of this case holds water, and the become effective since the day that pays from accuser.
The court thinks at the same time, the follow-up that the master contract that this case deposit place assures is accuser and the accused place to say namely includes boat contract. During both sides of former, the accused includes the passenger liner course of the boat, time to sequel, the amount of cabin room especially the important term and conditions of contract such as the price of cabin room all does not have concrete agreement, because of,bring about after the event from this timeline, course or the contract including a ship that the element such as the price fails to reach sequel, both sides all does not have fault. Because this case cannot return duty the main content at party both sides, bring about the contract that include a ship to fail to conclude, do not answer applicable deposit is punished criterion, the accused ought to return 2.08 million yuan of deposit that include a ship return accuser.
In addition, because do not have evidence to prove the accused of this case is tenant of the shipping everybody of experience case passenger liner, smooth boat or shipping,manage a person, and the appeal of accuser also is not belonged to " maritime law " the 22nd sets maritime request, reason accuser does not enjoy lien of experience case marine.
On put together, the court makes afore-mentioned court decisions then.
Both sides all does not have fault not applicable deposit is punished criterion
Presiding judge of front courtyard of business of brine of Shanghai admiralty courtyard, this case undertakes judge Xie Zhenxian introduces, at present industry of our country passenger liner is in special development period, there is deficit of on one the number of voyages or flights to undertake in below one the number of voyages or flights compensatory trades in middling of the agreement that include a ship habit, the accuser in this case is fulfill " room of passenger liner cabin supply agreement " and produce loss of a huge sum, the hope can be in as follow-up as the accused collaboration the loss that offsets oneself through allowance or other and accessorial form.
Although party did not conclude written deposit contract, but both sides of the party in front courtyard careful all advocates 2.08 million yuan property is contract deposit, be to assure sequel includes boat contract and of consign. Combine bilateral contact mail to state at the same time, can conclude a party between go up objectively reach deposit contract. After contract deposit contract holds water, conclude next contracts that include a ship all are obligation to both sides, answer to be fulfilled actively.
Fulfilled a contract well-meaningly to negotiate when bilateral party compulsory, because cannot return duty the main content at party, did not reach finally acceptability, any party should not get punish. In front courtyard careful, the contract has the bag boat that both sides all thinks oneself wants to sign sequel to honor the agreement adequately ability, but did not reach the fault that makes sequel wraps boat contract to cannot conclude consistently to depend on the other side in the both sides on the price and course arrangement.
Both sides of former to this, the accused can not offer significant evidence to prove respective view, also cannot why is quote proof planted below course arrangement how many price is logical market price pattern, accordingly, because forensic ruling cannot return duty the main content at party both sides, the contract including a ship that caused sequel fails to conclude, not applicable deposit punishs this case criterion.
Civil: Week morning beautiful
Responsibility edits | Qiu Yue
