【线上云德】疫情期间律师说（九十九）┃预付卡，优惠还是陷阱？

相信大家在日常消费中都遇到过商家采取预付卡的宣传活动，商家会通过各种优惠活动或者打折促销的方式吸引消费者购买预付卡。这种营销方式对于经营者有“可以提前收回价款，缩短资金使用周期”等很多好处，但由于提供服务的滞后性，消费者在得到一定优惠的同时，却可能很多法律风险，而且由于目前诚信体系尚不完善，消费者往往成了这些风险的直接承担者，在商家易主、店方倒闭甚至携款潜逃的情况下，消费者合法权益很难保障。

It is believed that in daily consumption, all of you have encountered the promotion activities of prepaid CARDS adopted by merchants. Merchants will attract consumers to buy prepaid CARDS through a variety of preferential activities or discounts. This way of marketing for the operator to have "can recover the price in advance, shortening the period of funds use" many advantages, such as but due to the lag of the services they offer, consumers have a certain preferential at the same time, it may be a lot of legal risk, and because of the credit system is not perfect, consumer often becomes a direct hit from these risks, business owners, the hotel collapse even carry with it, it is difficult to safeguard consumers' legal rights.

对于商家发售的预付卡，主要存在以下几个方面的问题：

一是服务项目和质量与开卡时的承诺不一致。商家起初以高折扣或免费体验吸引消费者，但当消费者付款办了卡后，服务却大打折扣，当消费者就有关服务项目或质量要求与商家产生异议时，面临的往往是“交款容易退款难”状况。

二是中途要求增加费用或频繁推销产品。这一现象多出现在美容美发行业，工作人员在服务过程中不厌其烦地向消费者推销产品，令消费者非常反感，有的甚至采用胁迫式的手段要求消费者购买或试用某些产品。

三是限期使用的预付卡到期后无法退回消费余额。由于办理预付款消费卡时，在开卡协议或消费卡上一般都限定了使用期限和相关条款，给在限期内没消费完的消费者造成了金钱上的损失。

四是经营主体发生变化后，消费者维权困难。由于对经营者的经营状况并不了解，无法预知商家在经营中的变故，一旦经营困难、破产、倒闭，消费者的权益将难以得到保护，更有极个别经营者可能乘机诈骗，甚至携款潜逃。

For prepaid CARDS sold by merchants, there are mainly the following problems:

First, service items and quality are inconsistent with the promise when opening the card. At first, merchants attract consumers with high discounts or free experience, but when consumers pay for the card, the service is greatly discounted. When consumers disagree with the merchants about the service items or quality requirements, they are often faced with the situation of "easy payment and difficult refund".

Second, the midway request to increase the cost or frequent promotion of products. This phenomenon often appears in the beauty industry, the staff in the process of service to consumers to sell products, so that consumers are very disgusted, and some even use coercive means to ask consumers to buy or try some products.

The third is that the pre-paid card used for a specified period of time cannot be returned after its expiry. Because of the advance payment card, in the card agreement or card on the general limit of the use of the term and related terms, to the consumer did not spend all the money caused by the loss.

Fourth, it is difficult for consumers to protect their rights after the change of business entities. As a result of the business condition that does not understand to the operator, cannot predict the businessman is in the change in management, once management is difficult, bankrupt, close down, the rights and interests of consumer will get protection hard, more very individual operator may take the opportunity to swindle, take money abscond even.

在选择预付式消费时，在高折扣优惠和强大宣传促销攻势面前，律师提醒各位消费者更要谨慎理性，提高消费安全防范意识，谨防消费陷阱：

一是要认真查证商家的经营资质情况。消费者在签订有关预付款消费协议时，应认真查看商家是否有营业执照并正常参加年检等。

二是要仔细考察商家的信誉情况。消费者应通过网络或向亲朋好友了解等途径，对商家的信誉情况进行一定的掌握，不要一味轻信广告和推销人员的吹嘘,尽量选择信誉度高、规模较大的商家，降低消费风险。

三是要仔细审阅有关合同条款。办卡前应详细了解该卡的相关条款，最好能够签订书面协议，消费者必须清楚了解消费卡的使用范围、期限、功能、退款条件、违约责任等相关条款，认真评估消费风险，特别要关注商家终止服务、转让等限制性约定。如果消费者对协议内容有异议，应提出修改要求并形成书面补充协议，无法达成一致的或者商家不愿意书面注明的，不能轻信商家的口头承诺，应在认真评估消费风险后再作决定。同时，消费者要保存好发票、合同协议等凭证，以便在发生纠纷时能更好地维权。

四是要在商家优惠度和预付款额之间权衡风险。消费者在决定购买预付费产品或服务前，应首先确定自己是否长期需要此类服务，尽量选择时限较短的月卡、季度卡进行消费，避免承担过大风险，待确认商家的服务质量和信誉，并认真评估风险后再考虑购买较长时限的消费卡。

五是要密切关注商家的经营状况。消费者应经常注意消费卡的余额及有效期限，及时消费。在有效期内，如果发现商家经营情况异常，无故不提供服务等情况，可以向工商部门提出申诉或向消费者委员会投诉。如果商家突然关门并且无法联系，涉嫌诈骗的，应及时向公安部门报案。

In the choice of prepaid consumption, in the face of the high discount and powerful publicity and promotion offensive, lawyers remind consumers to be more cautious and rational, to improve consumer safety awareness, beware of consumption trap:

First is to seriously verify the business qualifications of the business. Consumers in the signing of the agreement on prepayment consumption, should carefully check whether the business has a business license and normal annual inspection.

The second is to carefully examine the credibility of the merchants. Consumers should through the network or to friends and relatives to understand the way, the credibility of the merchants have a certain grasp of the situation, do not blindly credulous advertising and marketing personnel boast, as far as possible to choose a high degree of credibility, larger businesses, reduce the risk of consumption.

Third, we should go over the contract terms carefully. Before do card should understand the relevant terms of this card in detail, had better be able to sign a written agreement, the consumer must clearly understand the use of the consumer card scope, term, function, refund conditions, breach of contract liability and other relevant terms, carefully assess the risk of consumption, especially to pay attention to the business termination service, transfer and other restrictive provisions. If consumers have objections to the content of the agreement, they should put forward modification requirements and form a written supplementary agreement. If they cannot reach an agreement or the merchants are unwilling to indicate in writing, they should not believe the oral commitment of the merchants. They should make a decision after carefully evaluating the consumption risk. At the same time, consumers should keep good invoices, contract agreements and other vouchers, so that disputes can be better rights protection.

Fourth is to want to weigh the risk between businessman preferential degree and prepaid amount. Prior to the decision to buy prepaid products or service, consumers should first determine whether they need this kind of service for a long time, try to choose time limit short month card, quarterly card to consume, avoid excessive risk, to confirm the merchant's service quality and credibility, and carefully assess risk be considering buying again after a long time.

Fifth, we should pay close attention to the business operation. Consumers should always pay attention to the balance of the card and the expiry date, timely consumption. If, within the validity period, a business is found to be operating in an abnormal condition or to have failed to provide services for no reason, it may lodge a complaint with the department of industry and commerce or with the consumer council. If the business suddenly closed and could not contact, suspected of fraud, should promptly report to the public security department.