1. If you don't pay the property fee, you won't go through the handover procedures.
This problem was recently encountered by my friend. He said that developers have to pay property fees before they can go through the formalities of handing over the house. I told my friend that it was unreasonable and must be rejected. In fact, many domestic developers now have this overlord clause, and there will be various fees when handing over the house, including property fees, otherwise you won't get the key.
In fact, housing delivery and paying property fees are two different legal relationships, and developers have no right to pay property fees as a prerequisite for housing delivery. If the owner does not pay the property fee after handing over the house, there are many ways, such as negotiation, arbitration and litigation. It's totally two kinds of relationships.
Moreover, Article 4 1 of the Property Management Regulations stipulates that the owner shall pay the property fee according to the contract. Other property fees shall be paid by the construction unit. It is a typical "overlord clause", which seriously infringes on the legitimate rights and interests of consumers.
It is forbidden to bring foreign food.
I saw a hot news before. Shanghai Disneyland banned take-away food from the park and checked luggage. Finally, college students went to court. These should be owned by everyone, especially some large amusement parks, cinemas, restaurants and so on. It will prohibit consumers from taking out food, which has certain rationality. However, if amusement places and cinemas have such regulations, isn't it forcing consumers to buy self-operated food?
Such clauses restrict consumers' right to choose independently, which violates Article 9 of the Law on the Protection of Consumers' Rights and Interests and Article 26 of the Law on the Protection of Consumers' Rights and Interests. Operators are not allowed to exclude or restrict consumers' rights, reduce or exempt operators' responsibilities, increase consumers' responsibilities, and other unfair and unreasonable provisions. , shall not use the format clause through technical means to force transactions.
3, membership card transfer fee
This kind of problem is also very common. Gyms and barbershops are the most visited by the author. For example, in the gym, some customers may not be able to continue to exercise for various reasons after they have applied for membership cards, and want to transfer their fitness cards, but the gym clearly stipulates that a certain "card transfer fee" should be charged. When I was about to go to the gym to apply for a card, I saw such a stipulation: "Every membership card must be transferred with a 300 yuan RMB card transfer fee (the number of transfers is limited to one time)", which was considered to be a overlord clause at that time.
In fact, there are also relevant clauses in the Contract Law, among which Article 79 stipulates that the creditor may transfer all or part of the rights of the contract to a third party, and the debtor has no right to restrict it, except that it is non-transferable according to the nature of the contract, non-transferable according to law and non-transferable according to agreement. Fitness card is a kind of prepaid consumption. When consumers transfer, gyms are not allowed to set thresholds and restrictions.
4. Our company has the right of final interpretation.
This sentence should be seen most often by everyone, and can be seen on the back of the membership card of various promotional activities. This is a common expression in the service industry. This sentence plays a great role, which may be useless at ordinary times, but when there is a consumption dispute between merchants and consumers, with this sentence, you can pass the buck, and I am the owner of my site.
In the process of participating in various activities, we actually have a contractual relationship with the merchants. According to Article 39 of the Contract Law, the party providing the terms shall explain the terms according to the requirements of the other party. Obviously, merchants have the obligation to explain, but have no right to explain, and have no final right to explain.
The Contract Law also stipulates that in the event of a contract dispute, interpretation is its legal obligation, not the final adjudication right.
In fact, the overlord clause in life is far more than that. If you are not sure about the overlord clause, you can call the relevant departments to consult and see how the laws and regulations are handled. What "overlord clauses" have you encountered? Welcome to leave a message in the comments section.