预付式消费

Search documents
我为群众办实事|办卡容易维权难?预付式消费如何更安心
Xin Hua Wang· 2025-09-29 06:20
在网民留言中,预付式消费合同文本或者记录消费内容、次数、金额及预付款余额等信息的证据通常由 经营者控制,消费者面临"举证难"的问题。 "消费者储值之后,一旦发生纠纷,维权过程中就很可能面临诸多取证难题。有些商家借用他人的营业 执照来开店或者直接不公开自己单位的名称、联系方式等,会直接导致消费者维权无门。"对此,北京 市京师律师事务所戴文星律师建议,消费者在办预付卡时一定要签订书面合同或将合同主要条款通过微 信等方式和商家进行逐个确认,记清楚商家的营业主体,谨防商家停止经营或违约情况下,"有理说不 清"。 新华网北京9月29日电(刘觅觅)"我在培训机构办了卡,机构搬家后不方便使用,想退款商家拒绝,如 何维权?""刚充值了健身卡,没用两次商家跑路了,如何要回充值的费用?"……新华网"我为群众办实 事"网络平台近期收到网民有关预付式消费维权难的留言。 近年来,预付式消费模式在教育培训、健身美容、零售服务等领域广泛应用,但随之而来的商家"跑 路"、退款难等问题频发。基于此,平台近日连线多位律师,从消费权益保护方面提出建议,提醒消费 者增强风险意识,维护自身合法权益。 取证难?主要条款需留痕 预付式消费是指消费者预先向 ...
让预付式消费值得“托付”
Jing Ji Ri Bao· 2025-09-25 00:04
如何让预付式消费做到扬长避短,在保障合规的前提下充分释放业态活力,成为多地市场监管部门 和平台企业努力的方向。 杭州推动支持在预付式消费领域发展平台经济新场景新模式,这种治理不是简单地限制预付式消 费,而是在"第三方平台+支付机构+银行信托"的市场调节模式下,监测和追溯相关往来资金,及时警 示风险,保障消费者利益;北京多部门联合平台企业推出"安心消费在北京,消费权益有保障"活动,在 多个服务消费领域推出"按次核销、剩余可退"的次卡团购产品,同时借助第三方力量为消费者兜底。依 托技术和平台力量确保消费者资金安全,更好促进预付式消费健康发展,反映出市场治理宜疏不宜堵, 形成良性循环才能收获消费者信任。 今年5月份,《最高人民法院关于审理预付式消费民事纠纷案件适用法律若干问题的解释》正式实 施,进一步明确预付式消费中经营者和消费者的相关权利义务,对预付款退还、赔偿责任、卷款跑路等 情形作出规定,强化了经营者的举证责任。但在事实操作层面,预付式消费民事纠纷案件中仍然存在取 证艰难、退赔无门、审理周期长等问题。 采用预付式消费经营模式的商家通常具有高周转的经营特点,与之对应的是商家抗风险能力较弱, 需要持续吸纳预付款维 ...
健身房跑路了,充的会员卡咋办?
Xin Jing Bao· 2025-09-17 10:22
近年来,多地出现健身房经营不善、店家失联甚至直接跑路的事件,其中一些案例中明确提到会员会费难退的问题。 钱刚充进卡里,健身房大门就紧锁了!近期,有媒体报道长沙某健身游泳馆突然闭店失联,让众多会员措手不及。他们不仅无法健身游泳,更担忧的是: 动辄上千、高达数万的充值会费,还能要回来吗? 行业监测数据显示,2024年度全国商业健身房闭店率达10%-14%,相当于每年有近万家门店退出运营,这一数字较往年呈现明显上升趋势。这其中不仅是 一些规模较小的健身房,一些大型连锁健身房的身影也在其中。今年3月份,知名健身品牌威尔仕健身房北京门店已全部关闭,众多消费者预先支付的健 身费无法退还。 "预付式消费"的健身房关闭后如何应对消费者的退费需求?消费者一般在健身房充多少会员费?健身房跑路,消费者如何维权,怎样才能全额退款,一图 了解。 2019年 49860 62421 2020年 44305 53551 2021年 51939 41917 39620 2022年 45529 2023年 36447 42177 主流城市健身俱乐部/工作室单店月均营收 > 健身工作室 < > 健身俱乐部 < ( 单位: 万元/月 ) 2022 ...
美团“安心消费”全系列产品在京首发,门店跑路消费者可先得赔付
Bei Ke Cai Jing· 2025-09-13 08:39
Core Viewpoint - The introduction of the "安心消费" series by Meituan aims to address the challenges of prepaid consumption, particularly in sectors like education, fitness, and beauty, by providing consumer protection against business closures [1][2]. Group 1: Product Launch and Features - Meituan has launched the "安心消费" series, which includes a compensation mechanism for consumers in case of business closures, enhancing consumer confidence in prepaid services [1][2]. - The series includes customized solutions for various sectors, such as "灵活付、跑路赔" in fitness, allowing consumers to purchase group deals with a "跑路赔" label for added security [2]. - In the education sector, the "安心学" product allows for a pay-per-class model, enabling consumers to pay only for the classes they attend, with a refund option for unused funds [2]. Group 2: Market Impact and Participation - Over 35,000 stores in Beijing have joined the "安心消费" series, with over 50% coverage in the fitness industry and over 40% in sports training [1]. - The "安心学" program has seen participation from over 38,000 educational institutions across more than 270 cities, offering over 64,000 courses [2]. - The implementation of these products has led to significant increases in traffic and engagement for participating brands, with one brand reporting a 185% increase in traffic and a 117% increase in visits [3]. Group 3: Regulatory and Industry Support - The initiative aligns with government efforts to promote healthy development in prepaid consumption and ensure consumer fund safety, with Beijing incorporating it into key tasks for urban development [3]. - The platform aims to leverage technology and data to enhance consumer protection and facilitate the digital transformation of prepaid consumption [3].
热点速递|消费者冲动消费有了“后悔药”
Sou Hu Cai Jing· 2025-08-20 14:21
Global Hotspots - The recent conflict in the Middle East has resulted in over 58,000 deaths in Gaza, highlighting a profit chain for some Western companies amidst the humanitarian crisis [2] - The BRICS summit in Rio de Janeiro emphasized the growing importance of multilateral cooperation in global governance, positioning BRICS as a key player in uniting the Global South and driving changes in the global governance system [2] Economic Insights - China's GDP grew by 5.3% year-on-year in the first half of 2025, leading among major global economies, with a quarterly breakdown showing 5.4% growth in Q1 and 5.2% in Q2, indicating economic stability [4] - The Yiwu market is experiencing a "shop grabbing war" as merchants compete for space in the new Global Trade Center set to open in October, driven by trends like AI and e-commerce [6] Consumer Behavior - The Supreme People's Court of China has implemented new regulations to address issues related to prepaid consumption, aiming to protect consumers from difficulties such as refund challenges and unfair terms [2]
注意!预付式消费提示:不随便大额投入,不轻信口头承诺,不纵容商家侵权!
Sou Hu Cai Jing· 2025-08-13 09:05
Core Viewpoint - The rise of prepaid consumption models, while offering convenience and discounts, carries significant risks, particularly in industries like beauty, entertainment, dining, and education, where consumers face issues such as business closures, reduced services, and difficulties in obtaining refunds [2][3][4] Group 1: Consumer Precautions - Consumers are advised to be cautious when selecting merchants for prepaid services, emphasizing the importance of verifying business credentials through official platforms like the National Enterprise Credit Information Publicity System and Tianyancha [2] - It is recommended to make small, rational deposits rather than large investments, aligning spending with actual needs and financial capacity to mitigate the risk of fund immobilization [3] - Consumers should insist on written contracts when purchasing prepaid cards, carefully reviewing terms related to usage, validity, and liability, particularly being wary of clauses that limit consumer rights [3] Group 2: Evidence and Complaint Mechanisms - After acquiring prepaid cards, consumers must retain all relevant documentation, including invoices, contracts, and transaction records, to protect their rights in case of disputes [3] - In the event of a dispute, consumers should first attempt to resolve the issue with the merchant, and if unsuccessful, they can escalate the matter through various channels, including local consumer protection hotlines and legal action [4] - The Maoming Consumer Rights Protection Committee emphasizes the need for businesses to operate legally and transparently, adhering to fair trading principles and avoiding deceptive practices that harm consumer rights [4]
最高法:依法审理预付式消费民事纠纷案件 引导经营者诚信经营
Zheng Quan Shi Bao Wang· 2025-08-08 02:24
Core Viewpoint - The Supreme People's Court has issued guidelines to implement the "Promotion Law of Private Economy," focusing on the legal handling of consumer disputes and promoting healthy development in the online and platform economy [1] Group 1: Legal Framework and Consumer Protection - The guidelines emphasize the legal adjudication of consumer dispute cases, aiming to protect consumer rights while regulating illegal claims [1] - The introduction of punitive compensation for food and drug violations is intended to deter fraudulent practices and safeguard legitimate business operations [1] - The guidelines also address prepaid consumption disputes, encouraging honest business practices while combating issues like fund misappropriation and unfair terms [1]
预付式消费退款有争议?且看新规如何解答
Sou Hu Cai Jing· 2025-08-04 10:17
Core Viewpoint - The implementation of the Supreme People's Court's interpretation on prepayment consumption disputes starting from May 1, 2025, is significant for protecting the legal rights of consumers and honest operators [1] Group 1: Legal Framework - The interpretation addresses issues such as the validity of "unfair clauses" in prepayment contracts, conditions under which consumers can terminate contracts, and how to calculate refunds for discounted goods or services [1][11] - The interpretation supports consumers' rights to challenge unfair contract terms that prevent them from reclaiming prepaid amounts [8][9] Group 2: Case Summary - A roller skating club offered a promotion where customers could recharge 10,000 yuan to become VIP members, receiving discounts and free equipment [4] - After a child suffered an injury, the mother sought to terminate the contract and reclaim the remaining course fees, but the club initially refused based on a no-refund policy [4][6] - The court mediated a resolution where the club agreed to refund the remaining prepaid amount after deducting fees for the classes attended and compensating for the used equipment [6][9] Group 3: Consumer Rights - Consumers can terminate contracts if unforeseen circumstances significantly affect their ability to fulfill the contract, and courts are expected to support such requests [8][9] - The interpretation clarifies that refunds should be calculated based on the original price of services when the consumer initiates the termination [9] - The court ruled that the mother should compensate for the used equipment instead of returning it, as it could not be reused [9]
多地消协发布上半年消费者投诉情况:预付式消费、老年人遭欺诈等问题突出
Sou Hu Cai Jing· 2025-07-29 04:21
Group 1 - Consumer complaints in various regions have highlighted issues such as fraud, false advertising, and prepaid consumption since July 2025 [1] - In Hunan, consumer complaints increased by 23.02% year-on-year, with a total of 20,726 complaints received in the first half of 2025 [2][4] - Quality issues accounted for 30.13% of complaints in Hunan, with price and after-sales service issues following at 15.4% and 14.57% respectively [4] Group 2 - In Hunan, the medical beauty sector saw 213 complaints, primarily due to false advertising and misleading promotional tactics [6] - In Shaanxi, a total of 7,789 complaints were received, with after-sales service and quality issues being the main focus [7][9] - In Guangdong, consumer complaints rose by 30.34% to 538,852, with service-related complaints making up 52.97% of the total [10][12] Group 3 - In Sichuan, 33,824 complaints were received, with prepaid consumption and fraud against the elderly being significant issues [13] - In Tianjin, 4,327 complaints were processed, with after-sales service issues being a major concern [14][15]
家长万元课时费险些打水漂 “预付式消费”新规亮剑校外培训乱象
Zhong Guo Qing Nian Bao· 2025-07-23 01:13
Core Points - The article highlights the challenges faced by consumers in prepayment scenarios, particularly in the education and training sector, where businesses often encourage upfront payments with promises of discounts, leading to difficulties in obtaining refunds when services are not delivered as promised [1][2][3] Group 1: Consumer Experience - A parent named Wu Man paid 17,188 yuan for music lessons but faced issues when the training institution suddenly closed, leaving her with 103 unfinished lessons and a complicated refund process [1][2] - The institution initially promised a refund but later provided various excuses for not returning the money, leading Wu Man to seek legal recourse [2][3] Group 2: Legal Framework - The implementation of the Supreme People's Court's interpretation on prepayment disputes grants consumers the right to terminate contracts when service delivery costs increase significantly due to business relocations [3][4] - The interpretation invalidates the common practice of calculating refunds based on original prices rather than discounted rates, which was a prevalent industry norm [7][8] Group 3: Industry Practices - The article discusses the prevalence of "professional closure" tactics among businesses, where they delay refunds, transfer assets, or disappear, complicating consumer claims [3][10] - The training institution involved in Wu Man's case was found to have a complex corporate structure, making it difficult for consumers to pursue claims against shell companies [7][8] Group 4: Regulatory Implications - The new regulations also hold brand franchisors accountable for consumer losses if they mislead consumers regarding their contractual obligations [8][9] - Shopping malls are required to verify the business licenses and qualifications of operators to prevent unlicensed businesses from collecting consumer prepayments [8][9] Group 5: Future Outlook - The article suggests that the rise of online training institutions has complicated the landscape, with many businesses exploiting consumer urgency to secure upfront payments while failing to deliver promised services [10] - The interpretation aims to encourage businesses to prioritize consumer rights and improve service quality, moving away from risky prepayment models [10]