2022-3- 19 The consumption period of buffet coupons has expired. Can I return them or continue to use them?

? Half a year ago, Zhao Nvshi spent several hundred yuan on three buffet coupons in a high-star hotel in Maoming, thinking about a buffet. It's a pity that she left it on the dining table at home and was dropped by a child, so she forgot the meal voucher. A few months later, I found the buffet coupon and found that it had expired. She called the hotel, and the hotel said, "The meal voucher has expired, so it can't be used and can't be returned."

? The hotel manager explained that the meal voucher was clearly written and could not be used after the expiration date.

? On the other hand, Ms. Zhao thinks that the buffet coupons are bought with real money, and the merchants have no losses. "Do consumers pay money but can't enjoy any services?" Angry Ms. Zhao called the Consumer Association and the 12345 complaint hotline for an explanation.

? So, is it legal to buy buffet coupons that expire without extension or refund? Lawyer Su will take you to see if the law has clear provisions on this.

? I. Provisions of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests

Article 16 When providing commodities or services to consumers, business operators shall perform their obligations in accordance with the provisions of this Law and other relevant laws and regulations. If there is an agreement between the operator and the consumer, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations. When providing commodities or services to consumers, business operators shall abide by social morality, be honest and trustworthy, and protect the legitimate rights and interests of consumers; Unfair and unreasonable trading conditions shall not be set, and trading shall not be forced.

Twenty-fourth operators shall not make unfair and unreasonable provisions to consumers in the form of standard 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.

Two. Provisions of the State Administration for Industry and Commerce on strengthening the management of online group buying business activities

? The Opinions on Strengthening the Management of Online Group Buying Business Activities [2065438+02] No.39 clearly stipulates that the operators of group buying websites shall abide by the provisions on return and refund in the Law on the Protection of Consumer Rights and Interests, and shall not exclude the right of return and refund enjoyed by consumers according to law. Group-buying website operators sell group-buying goods or services in the form of advance payment, and may not set restrictions such as overdue advance payment not being refunded or limited funds only being returned to the website account.

? Three. Provisions of the General Office of the State Council on Standardizing the Management of Commercial Prepaid Cards

? In order to prevent the card issuer from occupying the residual value of the card for free and facilitate the use of the cardholder, the registered commercial prepaid card has no validity period, and the bearer commercial prepaid card has a validity period of not less than 3 years. If there is a balance of funds beyond the validity period, the card issuer shall provide supporting services such as activation and card replacement. The industrial and commercial departments should further strengthen supervision and inspection, increase consumption power, severely crack down on illegal acts that infringe on consumers' rights and interests, promptly carry out relevant consumption tips, and create a good consumption environment.

Four. Local Implementation Rules: Measures of Zhejiang Province for Implementing the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests.

? Article 11 After the expiration of the prescribed service period, the operator shall refund the balance of advance payment or extend the service period, and shall not charge additional fees.

According to the above regulations, it is understandable for hotels to set the validity period on their own meal coupons. The purpose is also very simple, that is, they hope that consumers can use up the meal coupons as soon as possible to avoid disputes caused by the failure to protect consumers' interests when hotel operations change. However, the consumption date of the coupon is not invalid due to the unilateral agreement of the merchant, which belongs to the format clause. According to the law, such format clauses that are unfavorable to consumers and violate the mandatory provisions of the law are invalid.

? How to protect rights when encountering similar situations in the future? Lawyer Su suggested that rights can be protected through the following channels: 1. Take the initiative to negotiate with the hotel to inform that the "format clause and overlord clause" are invalid agreements. 2. If negotiation fails, complain to the hotel through the local market supervision administration. 3. Apply for the involvement of consumer associations. 4. Collect evidence materials, and take the initiative to complain about the hotel on March 15, hoping to expose the media. 5. You can entrust a lawyer to sue for a refund.