How to solve the problem of prepaid cards that cannot be used in epidemic situations, such as movie card fitness card hairdressing card?

How to solve the problem of prepaid cards that cannot be used in epidemic situations, such as movie card fitness card hairdressing card?
“The fitness card is still there, but the store is gone.” “There is still 1,000 yuan in the card, which is about to expire, but the movie theater hasn’t opened the door.” Do you have such troubles now?Under the new crown pneumonia epidemic, offline training, gyms, beauty salons, movie theaters and many other business venues cannot operate normally, and prepaid card disputes are frequent.Some consumers are more fortunate. Ms. Wei in Beijing just received a text message that a US hair shop is about to close in mid-April, “I ‘m planning to go there once in a few days. The hairdresser here is very good, but the cardThere is not much money left here, the shop has handled it well, and has been docked with other barber shops, we can continue to use the money in the card service.”However, more consumers are not so” lucky “, and some consumers shouted,” Unfortunately, the fitness card that was just issued a year ago has been closed due to the epidemic before it is gone. If it is not opened, the card will expire.”How do consumers and operators solve such problems?On April 16, the General Office of the Ministry of Commerce issued the “Notice on Doing a Good Job in the Management of Single-Use Commercial Prepaid Cards”, saying it will pay close attention to various risk information such as suspension of operations and frequent issuance of consumer disputes, and said that it will promote to card issuersPolicies related to resuming production, resuming production and resuming the market, and promoting consumption encourage card-issuing companies to increase confidence, make good use of various policies and measures, overcome current difficulties as soon as possible, and resume normal production and operation.Under the epidemic, education and training, hairdressing, fitness and other prepaid card disputes frequently occurred. The sudden epidemic disrupted the business rhythm of many businesses, and it was difficult to guarantee consumer services.Mr. Yang in Beijing also has this trouble.In December last year, he spent nearly 4,000 yuan to get a new year card at a gym in Xicheng District, so he also bought some fitness classes.”The gym was originally opened on April 1, but it is still closed until now. I don’t know when it will be opened. The store hasn’t said whether it can be postponed. If it can’t be postponed, this card is a bit deficient.”Ms. Zhang also said:” My dance class has more than 100 lessons, but the card expires in October this year, and I have not said whether it will be postponed, but it should not be replaced, it is quite pitted.”According to the China Consumers Association, on January 20 this year?On February 29, the National Consumers Association organized a total of about 18 consumer complaints involving crimes.10,000 pieces, of which, 19.48% involve contract issues, and prepaid card service disputes mainly belong to this aspect.Complaints from the education and training industry are more serious.The Consumers Association said that the main problems of complaints in education and training include that the training was converted to online due to the epidemic situation, consumers demanded a reduction in charging standards, and the operator actually received the price, causing disputes between the two parties.According to a case disclosed by the China Consumers Association, in January 2020, consumer Mr. Huang reported that he enrolled a child for a one-year dance training course at a dance training class in Huangyan District, Taizhou City, Zhejiang Province, paying 2870 yuan, which was officially launched in March 2019.Start school.But the class was suspended due to the epidemic.Mr. Huang inquired the person in charge of the training course about the method of follow-up supplementary courses, but was informed that the school registration instructions clearly stated that “If the course is suspended due to force majeure reasons such as natural disasters, no supplementary courses shall be granted.”However, in the end, under the coordination of the staff, the operator made preliminary corrections, and made arrangements for resumption of classes, make-up classes, and timely communication and interpretation with students and parents. The person in charge accepted.Consumers can collect money through the Consumers ‘Association, the industry and commerce administration or the courts. Incidents about businesses running redundantly with prepaid cards are not uncommon. However, under the impact of the epidemic, such disputes have increased.Oriented, the merchants are subject to the relevant epidemic prevention regulations, and it is difficult to fully resume production and production. If they want to provide services, they have “more than enough resources”, which translates into that consumers do have the right to enjoy services after prediction.What to do in this situation?Professor Liu Junhai, director of the Institute of Commercial Law of Renmin University of China, told Sauna and Yewang that it is legally clear that all amounts of prepaid cards belong to consumers. It is recommended that third-party banks have an independent depository system.buckle.He also believes that merchants are still in bankruptcy liquidation procedures, and the balance in the card is not bankrupt property and cannot be shared with other creditors.”In all estimated areas, there are not one or two consumers, but thousands.There is an element of public interest here, and companies should act in a public spirit.An attorney official explained to reporters that because the service contract was established between the merchant and the consumer, when the merchant “run the road” while existing and not fulfilling its contractual obligations, it violated the provisions of the Contract Law.At this time, the merchant should bear the corresponding liability for breach of contract, and the consumer can recover the money through the consumer association, the industrial and commercial administration or the court.In addition, the current regulation of issuing prepaid cards to many small businesses is also quite weak.According to the “Single-Purpose Commercial Prepaid Card Management Method (Trial)” issued by the Ministry of Commerce in 2012, large-scale card issuers, group card issuers and brand card issuers should implement a fund deposit system, and the proportion of deposit funds shall not be less than the previous quarter20%, 30% and 40% of the balance of funds received in advance, but do not have clear regulatory measures for many smaller card issuers.However, the laws and regulations of some provinces and cities have been gradually improved. For example, the “Beijing Prepaid Consumer Market Supervision and Service Management Measures (Draft for Comments)” issued by Beijing last November expanded the scope of supervision to all operations in the region.It is stipulated that “business operators in the administrative area of this city shall adopt prepaid consumption methods to carry out business activities and their supervision and management, and these Measures shall apply.”According to the consultation draft, major complaints such as group complaints caused by the non-payment of business due to the suspension, closure of business or the relocation of business premises of the operator should be dealt with by the municipal industry competent authority in conjunction with the relevant district people ‘s government to support consumersFile a lawsuit in a people’s court, or file a public interest lawsuit according to law.The China Consumers Association also reminded that after the epidemic, operators may expand the scope of card issuance and sell prepaid cards at a higher discount to attract consumers. There are certain risks in terms of fund custody, service quality and level.In view of this, consumers should pay special attention to the issue of prepaid card consumption, rational consumption, and be wary of high discounts and high risks.Merchants and consumers can also negotiate to resolve the sauna. Yenet interviewed that under the epidemic, many consumers have chosen to negotiate with the operator to solve the problem.For example, in the case of Ms. Wei mentioned above, other hair salons have taken over customers who have processed prepaid card services. This protects the customer ‘s rights and interests, and can also add customers to the merchants that have been opened normally.There is also the problem of further business opening of the gymnasium, and there are gymnasiums that voluntarily extend the service period for consumers.Ms. Li from Guangzhou told reporters: “I ‘m a fitness card I got in December last year. I caught up with the epidemic before I went there a few times. Recently the gym opened, but I still do n’t feel relieved to go. After consultation, the gym extended to meTwo months.Very good, after all, they are not easy under the epidemic, and there are not many customers, but they have to open the door to do business and pay the rent.Attorney Qiu Baochang, an expert member of the Expert Committee of the China Consumers Association, told Sauna and Yewang that if the prepaid card cannot be consumed during normal business operations, the company must be liable for breach of contract.But for now, most of the prepaid cards cannot be consumed due to the force majeure of the epidemic. For enterprises, the shutdown can only mean that the services of the prepaid card cannot be gradually taken, and it also has to bear rigid costs such as rent and basic wages.So, this problem may only involve operators and consumers, but now the problem cannot be solved by two parties alone.Qiu Baochang believes that this problem should be faced by the whole society first, and overcome the difficulties together. Government departments, banks, financial lending institutions, etc. should all participate, and can provide precise and inclusive support for small and micro enterprises in loan discounts and scale reductions.Allow enterprises to resume work and resume production smoothly, and try to live as much as possible, which can effectively reduce the loss of the entire society, and can also preserve employment. In fact, it also protects the rights and interests of consumers. Of course, enterprises should also actively save themselves.The epidemic is short-lived after all, but the lethality is too strong, and we should jointly reduce the degree of this lethality.”Ownership, consumers should also think differently. Consumers and operators should understand each other. This is not to ignore the rights and interests of consumers, but to allow everyone to overcome the difficulties together. If the enterprises can survive after the difficulties pass, you can passGive better services and other means to compensate consumers.Qiu Baochang said.Sauna, Ye Wang Pan Yichun Editor Li Weijia Proofreading Li Shihui