The reason why the overlord clause is deeply hated by consumers is that individual businesses use information asymmetry and imbalance between supply and demand to impose unequal consumption clauses on consumers.
Many times, because consumers are faced with collective businesses in the form of individuals, they are psychologically fragile and often have to admit that they are unlucky and bear the pain of losing money.
"Overlord clause" often appears in the form of standard contract, notice, statement, shop notice, industry management and so on. , and has five characteristics:
1, reduce or exempt the liability and evade the obligations of the operator.
2, in violation of the law, arbitrarily expand the operator's authority.
3. Exclude and deprive consumers of their rights.
4, the rights and obligations are not equal, and the consumer responsibility is arbitrarily increased.
5. Control the final interpretation right with vague terms.
2065438+February 14, 2005, the Supreme People's Court said that the "no bringing your own drinks" and "minimum consumption in private rooms" in the catering industry belong to the overlord clause in the service contract, and consumers can apply the provisions of the Consumer Protection Law to safeguard their rights and interests when they encounter disputes over the overlord clause when catering operators provide services.
According to Article 24 of the Consumer Protection Law:
Operators shall not make unfair and unreasonable provisions to consumers by means of format contracts, notices, statements, store notices, etc. , or reduce or exempt its civil liability for harming the legitimate rights and interests of consumers. Format contracts, notices, reports, store notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.
Extended data:
Common overlord clause
In express delivery, "sign first and then inspect" and "the carrier will not be responsible for the delay caused by holidays".
In shopping, "special offers and promotional items are not refundable" and "this mall has the final right to interpret this activity".
"No bringing your own drinks", "Minimum consumption in private rooms" and "tableware disinfection fee" in catering and entertainment films.
During the tour, "the ticket change fee is 70%, the refund fee is 80%", "The agency reserves the right to interpret the itinerary and quotation" and so on.
In renting and buying a house, "the seller shall not be responsible for the delay in delivery of the house and the delay in issuing the certificate due to the reasons of a third party".
The warranty sticker on the mobile phone in the mobile phone shall not be torn or damaged, otherwise it will not be guaranteed.
References:
Baidu Encyclopedia-Overlord Clause