Chapter 416 Contract Disputes
The sales contracts and service contracts involved in the third-party payment industry are mostly standard clauses and have clear rights and obligations, and there is no major dispute between the parties to the contract over the content of the contract;
At the same time, since the user can only use electronic transactions to pay the deposit, the electronic transaction records are kept so that the facts are clear and the evidence is credible and sufficient; In addition, the amount of the deposit, which is the subject matter of the contract, is usually small, so disputes arising from the payment of the deposit are fully eligible for the application of the small claims procedure.
Compared with the application of ordinary litigation procedures, small claims litigation procedures are more conducive to consumer rights protection. This is mainly because Internet companies, as businesses, have more channels to seek legal help than consumers, so they often occupy an advantageous position in litigation, which is very detrimental to consumers who are in a vulnerable position.
On the contrary, if the application of small claims litigation procedures can significantly increase consumer participation in litigation, then the traditional advantages of Internet companies in litigation can be weakened to the greatest extent, so that the balance in litigation is no longer only in favor of enterprises. In addition, the small claims procedure also saves a lot of time and energy for consumers to protect their rights because of its simple and convenient procedural settings. Therefore, from the user's point of view, the small claims procedure is the most reliable way to solve the deposit problem.
Of course, in addition to the small claims procedure, users can also resolve it by giving feedback to industry self-regulatory organizations. As the name suggests, an industry self-regulatory organization is a non-governmental organization formed by a number of enterprises in a region to resolve disputes, which highly embodies the autonomy of the market. Many users may doubt its credibility because it is not a government organization, but in fact this makes it easier to seek help from an industry self-regulatory organization than to file a lawsuit. In addition, industry self-regulatory organizations have sufficient experience in resolving disputes such as deposit security issues, so they are also an important channel for users to seek solutions.
However, the dispute resolution mechanism in the current standard clauses of Xiaohuangche is obviously unreasonable, the cost of arbitration is extremely high, and users often do not choose arbitration because of the small deposit they have paid, which is in fact very unfavorable to consumer rights protection. Vulnerable consumers are in dire need of protection. Therefore, in view of this, the author proposes the above two ways to solve the problem when a user and an Internet company have a dispute over the deposit, and how the user can better use a more reasonable way to seek a third party to solve the problem for him.
For Internet companies that require a deposit, the security of the deposit often erupts suddenly. Either no consumers raised the issue of deposit security, or a few of them found the deposit difficult to return, and the number of people began to exponentially increase. Therefore, for the Internet companies represented by ofo companies that need users to pay deposits in advance, they should think of a strategy to deal with the problem before it breaks out. From the perspective of Internet companies, the key to solving the security problem of deposits is to formulate a strategy in advance to prevent problems before they occur.
Of course, these Internet companies are still new, and they still have a long way to go. Hopefully, they won't be in a situation like ofo, maybe every small change will have a different harvest.