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Withdrawal of the subscription to the law on electronic commerce 7 days … "Resale is possible, but the penalty is invalid"
(Seoul-Yonhap News) Journalist Song Jin-wan, a journalist under the e-commerce law, cancels the subscription list within the withdrawal period, even though there is a separate sanction, the court said that the consumer could not pay a penalty.
According to a lawyer on April 16, two A and two others made a reservation on the B tour site on August 9 of last year and made two reservations for Asiana tickets from the airport of 39, Incheon, Sydney, Australia on the 25th of this year.
A, etc., given his personal circumstances, announced his intention to cancel the purchase of his ticket on B Tour on August 16.
B Tour said that she should pay a refund fee of 440,000 won for a cancellation fee of 200,000 won per person for the cancellation and 20,000 won for the costs of the cancellation. ;agency. 41 to 21 days before the departure date of 200,000 won, the fine was based on the rule.
A requested the processing of the cancellation and refund using the individual consultation corner of the site of tour B the next day, stating: "Within 7 days of the payment of the ticket, the customer can withdraw his request in accordance with the Consumer Protection Act. "
Asiana Airlines then refunded the rest of the airline's money, with the exception of a 400,000 won penalty. B Tour did not refund 20,000 won, which is half of the registration fee.
A, etc., filed a lawsuit against B Tour and Asiana Airlines, demanding the remaining 420,000 won.
B Tour stated: "The price paid for the ticket was received by Asiana Airlines and the refund was also made by Asiana Airlines, so the agent is not responsible for it." Regarding agency fees, he insisted: "Since the service has already been provided, the subscription can not be withdrawn."
Asiana Airlines insisted that there was no reason to take joint responsibility with B Tower until it was a party to the ticket purchase contract. A, etc., made a reservation on the 9th, but withdrew his offer on the 17th.
The 4th Civil Division of the Seoul Central District Court decided that tour B would bring 420,000 won to Mr. A by the end of last month. Of this number, 400,000 won was awarded by Asiana Airlines.
The court said one day that the parties to the ticket purchase contract were not B, but Asiana Airlines. However, Asiana Airlines also felt that it was obliged to return travel B money within the limit of the money received.
The court also noted that A had paid for the plane ticket on August 10, and that seven days after that date he had indicated his intention to withdraw his offer on the B tour.
In addition, the court declared that the cancellation of the ticket cancellation policy was invalid, as Asiana Airlines and other companies had paid the fine and returned the money in violation of the law on e-commerce.
The court said: "If the time of the withdrawal is near and the date of departure is near, there is no reason to resell the ticket, so the withdrawal will be limited. withdrawn before 40 days before departure. "
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