1999 seconds to 41888, fall into the trap of upgrading photography packages, how to protect your rights
2024 12/11
In recent years, some photography agencies have attracted consumers through low-priced promotional activities such as group buying packages, and have also induced consumers to upgrade their packages during the filming or selection process, resulting in a constant stream of news about consumers ultimately paying far more than expected photography fees. Recently, a court has concluded a contract dispute arising from the upgrade of a photography package.
The plaintiff Xiao H went to a photography agency to take personal art photos, and both parties signed an "Appointment Form", agreeing on a set amount of 1999 yuan. When Xiao H was selecting a film, he couldn't help but be promoted by the staff of the photography agency. He upgraded the package and signed "Appointment Form 2". The upgraded package amount was 41888 yuan, which Xiao H paid on the spot. After calming down, Xiao H believed that the photography agency was inducing consumption and requested a refund. However, he was refused and filed a lawsuit against a certain camera organization in court.
After the court trial, it was found that the appointment form signed between Xiao H and the photography agency has the nature of a contract of employment. Xiao H is the principal and the photography agency is the contractor. According to Article 787 of the Civil Code of the People's Republic of China, "The principal may terminate the contract at any time before the contractor completes the work, and if it causes losses to the contractor, he shall compensate for the losses." Xiao H has the right to terminate "Appointment Form 2", and the photography agency shall refund the money. The court ultimately supported the plaintiff Xiao H's claim for a refund from a photography agency.
This case tells us that consumers should remain vigilant when choosing photography institutions and avoid being attracted by low prices and falling into a consumption trap. But once problems are discovered, even if a contract is signed with the merchant, there is no need to be willing to be a "scapegoat". Evidence should be collected in a timely manner, and legal weapons should be bravely taken to protect one's legitimate rights and interests. In the event that negotiation with the other party fails, in addition to filing a lawsuit with the court, one can also file a complaint with the consumer association and request their intervention in mediation; You can also report to the competent market supervision and management department at the same time, requesting them to investigate and punish the illegal behavior of the photography institution, and mediate the disputes between the two parties.
The plaintiff Xiao H went to a photography agency to take personal art photos, and both parties signed an "Appointment Form", agreeing on a set amount of 1999 yuan. When Xiao H was selecting a film, he couldn't help but be promoted by the staff of the photography agency. He upgraded the package and signed "Appointment Form 2". The upgraded package amount was 41888 yuan, which Xiao H paid on the spot. After calming down, Xiao H believed that the photography agency was inducing consumption and requested a refund. However, he was refused and filed a lawsuit against a certain camera organization in court.
After the court trial, it was found that the appointment form signed between Xiao H and the photography agency has the nature of a contract of employment. Xiao H is the principal and the photography agency is the contractor. According to Article 787 of the Civil Code of the People's Republic of China, "The principal may terminate the contract at any time before the contractor completes the work, and if it causes losses to the contractor, he shall compensate for the losses." Xiao H has the right to terminate "Appointment Form 2", and the photography agency shall refund the money. The court ultimately supported the plaintiff Xiao H's claim for a refund from a photography agency.
This case tells us that consumers should remain vigilant when choosing photography institutions and avoid being attracted by low prices and falling into a consumption trap. But once problems are discovered, even if a contract is signed with the merchant, there is no need to be willing to be a "scapegoat". Evidence should be collected in a timely manner, and legal weapons should be bravely taken to protect one's legitimate rights and interests. In the event that negotiation with the other party fails, in addition to filing a lawsuit with the court, one can also file a complaint with the consumer association and request their intervention in mediation; You can also report to the competent market supervision and management department at the same time, requesting them to investigate and punish the illegal behavior of the photography institution, and mediate the disputes between the two parties.
