This is the point Zhou Yi wants to make. Admittedly, the tourism industry does have problems, just like the express delivery industry.
But in fact, it is different from the express delivery industry.
Even in the express delivery industry, it should be done as it should be, not to mention the tourism industry.
Mr. Zhao was silent for a long time before he said, "Mr. Zhou, I'll tell you straight up, we can compensate you, but we can only pay 3,000 yuan. After all, your parents visited quite a few attractions, and they also had to pay for round-trip travel."
"Yes, Mr. Zhou, at least the round-trip fare and food and accommodation should be deducted. These are indeed provided." Old Huang also said.
Fang Dazhuang opened his eyes and spoke again, "However, your travel agency's contract does not distinguish these separately."
"You charge a package deal, so I can view the entire trip as a service, as a product."
"Similarly, when consumer fraud occurs, the claim is naturally based on the overall cost."
Here we can see what the two parties will focus on when debating a case, a civil contract dispute case.
What Mr. Fang grasped was that their contract treated the entire service as a whole, without making any separate distinction between round-trip airfare, food and accommodation expenses.
There are also some unilateral terms, such as all fees are non-refundable in the event of any unexpected circumstances.
Mr. Fang focused on these points. What you provide is one service, not multiple separate services. This is reflected in the contract.
This is also a problem with the travel agency itself. In fact, many travel agencies have detailed regulations for this kind of pure play tour.
Of course, according to his experience, the court should not fully support this claim, because in practice, the penalty of refunding one and compensating three is very conservative.
It is very likely that they will not refund three times the amount, but will refund the money plus some compensation at their discretion.
Why was such a judgment made? Here we need to discuss some principles that will be followed in civil judgments, that is, the basic principles of civil law.
I won’t go into the details here.
Of course, these things will not be taken into account during mediation.
Poor old Huang is a little speechless now. He and Mr. Zhao have tried their best. The other party talks about the law, while they talk about reality.
When the other party started talking about reality, they started talking about the law again.
Unfortunately, both aspects were completely defeated.
The two people opposite were really aggressive. Mr. Zhao felt that he really couldn't stand it. He had been bullied before since he started his business in his twenties, but he had never been bullied like this!
The two people on the opposite side seemed to really think that they didn't dare to sue, and they felt that they had it in hand!
"Then there's no need to discuss this, Mr. Zhou. I sincerely want to mediate, but you guys don't seem to be sincere at all. So, forget it."
"I've already signed a contract with Lawyer Huang. So, it's just a lawsuit. I'll fight you to the end!"
"Lawyer Huang, when you get back, prepare to sue him for infringing on my company's reputation!"
As he spoke, Mr. Zhao had already taken out the contract he had signed earlier.
His original intention was not to express anything, he just wanted to strengthen his tone. If you want to sue me, I accept it.
Anyway, I have already hired a lawyer, so come on.
However, in just a moment, Mr. Fang saw it.
Mr. Fang has very sharp eyes. Even though he is wearing gold-rimmed glasses, his eyesight is particularly sharp when he needs it!
I caught a glimpse of the contents of the contract at a glance, not all of it, but just some of the key points below.
For a lawyer like Fang Dazhuang who has read countless contracts, he has seen all types of contracts.
The agency contract is something you must be very familiar with, and it is an occupational disease, so you must first read the seal.
Then he discovered that there was no law firm's official seal on the contract.
Oh no, this doesn't seem to be an agency contract at all.
Zhou Yi nodded and said, "Okay, Mr. Zhao, since we can't reach an agreement, let's see you in court."
"As for your lawsuit against me for infringing your company's reputation, that is your legal right."
As Zhou Yi said this, he looked at Mr. Fang and signaled him to prepare to leave. However, he found that Mr. Fang looked at him and then at Lawyer Huang opposite him, with a strange look in his eyes.
Although he didn't say it, Zhou Yi had already seen it. What Fang Dazhuang wanted to say was: Zhou Yi, you are indeed poisonous!
What’s going on? Why am I poisonous again?
Mr. Huang on the opposite side now has nothing to say. Mr. Zhao, what’s going on? Didn’t we agree before we came here that we should not be angry with each other and that we should mediate?
He especially wanted to say: Mr. Zhao, don’t go, you will lose!
Even if you want to play the bad guy, you shouldn't do it like this. You've already overturned the table. How can we talk anymore?
And you want me to sue? What can I sue with?
He wanted to persuade both parties to sit down and talk again, but even though he was eloquent, he didn't know what to say.
I was full of worries and was thinking about which lawyer friend to entrust for help this time.
That’s right, the contract he signed was not an agency contract, but a service contract.
So of course he can also subcontract this out and find a licensed lawyer to help with the lawsuit.
At that time, the court will not examine the agency contract between you, but will only examine whether the corresponding agent is qualified!
Of course, a lawyer cannot appear in court directly. Before appearing in court, the law firm needs to send a lawyer's appearance letter to the court. Without this, the procedures are still incomplete.
That is why we say that there is a huge shortage of lawyers. Now, whether you are an agent or a defense lawyer, the identity requirements are very high.
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