Chinanews.com, January 1 Recently, Mr. Gong from Shanghai bought a ticket worth 16,6338 yuan (tax included). However, 1 minute after payment, when Mr. Gong checked the date again, he found that he had bought the wrong date. Subsequently, Mr. Gong immediately contacted customer service, and the staff said that if the ticket had the words "non-refundable", he could only refund other taxes and fees totaling 269 yuan in addition to the fuel surcharge.
Is only a partial refund of a ticket considered an overlord clause? Yue Daishan, a lawyer at Beijing Yuecheng Law Firm, said that according to the provisions of the "Circular on Improving Civil Aviation Ticketing Services," airlines should reasonably determine the fee standards for ticket refunds and changes. Therefore, airlines have the right to charge refund and change fees, but "it is necessary to formulate a 'tiered rate' for ticket refund and change fees, that is, to set a reasonable tiered fee standard according to different fare levels and time nodes, etc., and it cannot simply stipulate that special tickets are not allowed to be refunded or changed." "According to Article 496 of the Civil Code, where standard clauses are used to conclude a contract, the party providing the standard clauses shall take reasonable measures to remind the other party to pay attention to the clauses that have a major interest in the other party, such as exempting or reducing its liability, and explain the clauses in accordance with the requirements of the other party. If the other party fails to understand the clause due to the failure to perform the obligation to explain, the other party may claim that the clause does not become the content of the contract. Therefore, if the passenger believes that the airline has not fulfilled its obligation to explain, he or she can claim his rights and interests against the airline through legal means in accordance with the above provisions.