Recently, the Mobike bicycle has updated its operating area, causing inconvenience to some users who originally purchased the card. Some users reported that after communicating with the customer service, the other party said that the bicycle package such as the purchased annual card could not be cancelled. Yesterday, Beijing Youth Daily reporter learned from Mobike bicycle that users affected by this adjustment can contact customer service.
Mobike bicycle operation area adjustment
More than 5 yuan will be charged for parking.
Recently, many netizens reported that Mobike changed the operating area, which resulted in the annual card that was originally purchased for commuting could not be used according to the original charging standard and could not be refunded.
Ms. Zhang, who works in Yizhuang, has to go to the unit after going out of the subway station every day. For convenience, she bought a half-year card for the Moby bicycle in October, which cost 77 yuan. On the 27th of this month, Ms. Zhang went out of the subway station and tried to scan the code lock as usual. She received a reminder from the Mobike bicycle: “The operation area is adjusted, and the deduction will be incurred.”
Previously, the Mobye Beijing WeChat public account issued a document saying that the Mobike bicycle planned the latest urban operation area in Beijing, and its electronic fence is about to go online. According to the article, if the user rides the car out of the operation area and locks outside the operation area, he will receive a SMS reminder from November 26, 2018, and will charge a 5 yuan dispatch management fee from December 9, 2018.
The reporter of Beiqing Daily noticed that the newly demarcated operation area was reduced from the Sixth Ring Road to the Fifth Ring Road. According to the article, the operating area after the renewal of the Mobike bicycle is within the Beijing Fifth Ring Road, east to the junction of Chaoyang and Tongzhou; south to the Fifth Ring Road (including Yizhuang Development Zone: east of Beijing-Shanghai Expressway to Liangshui River); west to north Xin'an Road, Lanshi Road; north to Shayang Road, Dingxiang Road. The operating area released by Mobai in July this year is basically within the scope of the Sixth Ring Road.
Original card purchase users cannot return the card
The customer service said that it can ride back a deduction fee.
Liu Raspberry (a pseudonym) works at the Yongfeng Industrial Base and is about 5 kilometers away from the company. She likes to ride and rides to work every day. Because it is more cost-effective to do the card, in October this year, Liu Bian bought a half-year card, and the price was 39 yuan.
On the 26th, after Liu Raspie rode to the company, he received a Mobai reminder when the lock was closed. The end point was beyond the scope of operation, and an additional management fee was charged after December 9. Liu Biao told Beiqing Daily that in the Yongfeng Park, many office workers would choose to ride bicycles from the subway station to the company. In the past month, Moby began to recycle bicycles and removed the bicycles that were originally parked in the park. There are fewer and fewer bicycles near the company.
Liu Raspiao said that he bought the card for commuting. Since the company is no longer in the operating area, the half-year card is meaningless. She called the Mobai customer service to report the situation, but the other party said that she could not return the card.
Ms. Zhang also reported this question to Mobai customer service, and the other party said that she could not return the card. If Ms. Zhang wants to ride out of the operation area, she can ride back a car from outside the operation area within 24 hours and deduct a management fee of 5 yuan. "I think this logic is very ridiculous. If I can't find a car, I still have to pay?" Ms. Zhang said.
On the afternoon of the 29th, Beiqing Daily reporter also consulted Mobi customer service as a customer. The other party said that the monthly card, season card, and annual card that have been sold cannot be returned, and the reporters of Beiqing Daily reported that they can ride back a car from outside the operating area within 24 hours. The management fee deducted from the operating area. According to the customer service, the current management fee is only deducted from the operating area to the outside of the area. If the starting point and the ending point are outside the operating area, there is no need to pay management fees.
Mobai adjusts its business scope
Lawyer allegedly defaulted
Like Beijing, the Mobai Shanghai area has recently changed its operating area, which is smaller than its previous operations. Ms. Chen lives in Huaxin Town, Shanghai. She told Beiqing Daily that she had purchased a “second card package” for the convenience of cycling. Before the ride, everything went smoothly. As a result, she found out when she used the car two days ago. The area is no longer in operation.
Ms. Chen then contacted Mobai customer service, and the other party said that the card she had bought could not be returned. "Now I live in a place that is more than ten kilometers away from the operating area. It is definitely useless. Although it doesn't have much money, it is unreasonable to pay for the card to be bought without using it several times." Ms. Chen said.
In response to the difficulty in retreating the card after the adjustment of the Mobha operation area, Beiqing Daily reporter consulted Changsha Lawyer of Beijing Kyoto Law Firm. Mr. Chang believes that after Mobai adjusts the scope of business, he refuses to withdraw the card from the consumers who buy the annual card and the season card. There is no legal basis for the breach of contract.
Mr. Chang told the reporters of Beiqing Daily that consumers purchased the annual and quarterly cards before Mobai adjusted the business area. The two parties established a service contract relationship. During the validity period of the contract, consumers have the right to use Mobike in their desired area. Mobye is obliged to provide Mobike bicycle services to consumers in their required areas. However, Moby's self-adjustment of its business scope and the refusal to provide Mobike bicycle service to consumers in its required area during the validity period of the contract constitute a breach of contract. The consumer has the right to terminate the contract with the company, and asks the company to bear the liability for breach of contract, such as compensation for damages and payment of liquidated damages. The company has refused to return the card and has no legal basis.
The reporter of Beiqing Daily noticed that when purchasing the Mobai cycling package, the user will have a riding package purchase notice, which stipulates that “the refund is not supported after the purchase of the cycling package or the renewal of the package”. Lawyer Changsha said that this provision is unilaterally stipulated by Moby, and it is unilaterally exempted from its own responsibilities and should be considered invalid.
Mobai response: has been informed in advance
Affected users can contact customer service
Yesterday, Moby Company responded to the Beiqing Daily reporter that in order to better guide users to civilize and standardize the use of vehicles, and to coordinate with the competent departments to do a good job in shared bicycle management, Mobye through big data analysis and user riding needs, The operating area of Beijing will be adjusted in the near future, and the vehicle scheduling will be rationally and dynamically planned to achieve refined management. Before the operation fence was adjusted, the company has already notified the users in advance through official channels. For users affected by this adjustment, you can consult in the “Customer Service Center – Online Customer Service” page of the mobile phone Mobai APP, and the customer service will handle it in time.
Before the publication of the Beiqing Daily reporter, Ms. Zhang said that the Moby bicycle had agreed to give her a refund. (Reporter Li Tao)
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