The coincidence of Mr. Zhang and Mr. He's visit to the swimming pool led them to an unusual experience. It was a hot summer day, and the two came to the swimming pool to enjoy a cool time. They didn't know each other, but their phones had a similar fate.
Both of them put their phones in lockers and locked them. However, when they were about to retrieve their phones after swimming, they found that the door of the locker had been pried open and the phone was missing. Mr. Zhang and Mr. He are both related, after all, their mobile phones are the most **, and they are worth about 10,000 yuan.
The gentlemen immediately approached the person in charge, hoping to solve the problem. However, the person in charge wanted to dissociate himself from the relationship, claiming that a notice had been posted in the museum informing customers that they should take care of their valuables and would not be responsible for any loss. The loss of their phone had nothing to do with the swimming pool.
Mr. Zhang and Mr. He were disgruntled, insisting that their phones were safely kept in the locker and that they had paid a deposit. Now the person in charge is shirking responsibility with unfair notices, and they cannot afford to lose.
So, the two decided to bring in helpers, hoping to solve the problem. Coming to the swimming pool again, they saw the person in charge, who led them to the front of the notice and pointed to a prompt on it, which read"Valuables are kept by the museum and the museum is not responsible for any loss"。For a while, Mr. Zhang and Mr. He didn't know how to refute.
However, Mr. Zhang suddenly thought of a question, and he asked the person in charge, if he lost anything in the museum, the museum would not be responsibleThe person in charge replied in the affirmative, yes. Mr. Zhang was very angry and said that then they did pay the deposit, why should the person in charge use the notice to shirk his responsibility.
At this time, the helper came over, and the person in charge realized that the situation was not right, and the initial rhetoric was no longer enough. He changed his narrative and claimed that whether the phone was lost in the locker room and whether they went in with it needed to be proven. Finally, the person in charge said that if their mobile phones were indeed lost in the museum, then please supervise everyone and they will be responsible.
Mr. Zhang and Mr. He were very dissatisfied with the attitude of the person in charge of shirking their responsibilities, and they suspected that the person in charge was deliberately making excuses. Mr. He angrily accused the person in charge of wasting his time, pointing out that the delay at the swimming pool was the delay in their time to get to work. The person in charge shot back if they were here to disrupt the operation of the swimming pool.
Seeing that the dialogue was at an impasse, Mr. He decided to defend his rights and interests through legal means. He said the swimming pool's response to the question did not address the substance at all. Mr. Zhang also expressed support for his decision.
Aunt Qu's point of view:
1. According to the notice of the swimming pool, customers should take care of their valuables, and the museum is not responsible for the loss of mobile phones. Although Mr. Zhang and Mr. He paid a deposit, the purpose of the deposit was to ensure the security of the locker and did not guarantee the safety of the mobile phone. Therefore, the responsibility should be borne by Mr. Zhang and Mr. He.
2. The person in charge provided a way to solve the problem, saying that if the mobile phone was indeed lost in the museum, everyone would be supervised and responsible. This shows responsible sincerity, and although he may have some hesitation and denial at first, in the end he is willing to investigate and solve the problem.
Grandma Tian's point of view:
1. According to the attitude and rhetoric of the person in charge, it seems that they do not intend to solve the problem of Mr. Zhang and Mr. He, but are shirking their responsibility. If they take their work seriously and do their due diligence, the lost phone situation should be effectively resolved.
2. The person in charge was very indifferent and irresponsible in his attitude towards Mr. Zhang and Mr. He. Neither the interpretation of the notice nor the attitude towards solving the problem showed sufficient sincerity and responsibility, which is inappropriate for the protection of the rights and interests of customers.
To sum up, Aunt Qu believes that the responsibility should be borne by Mr. Zhang and Mr. He, while Grandma Tian believes that the person in charge should not shirk the responsibility and should be more active in solving the problem.
Legal Opinions:1According to the provisions of the Contract Law, a contract of sale and purchase has been formed between the swimming pool and the customer. As a service provider, the swimming pool shall perform its contractual obligations in accordance with the contract and protect the legitimate rights and interests of customers.
2.According to Article 11 of the Contract Law, a party to a contract may not be exempted or reduced from the burden of proof of loss. Swimming pools cannot shirk liability for damage to customers' property based on notices alone.
3.According to the relevant provisions of the Tort Liability Law, the swimming pool, as the infringing party, shall bear the tort liability. As the venue manager, the swimming pool shall take reasonable safety measures to ensure the safety of customers' property.
4.According to the relevant provisions of the Consumer Rights Protection**, swimming pools, as service providers, shall provide qualified services to ensure the legitimate rights and interests of consumers. In the event of a loss of property of a customer, the swimming pool is obliged to provide compensation or solutions.
The above is my analysis and legal opinion on the whole matter, I hope it can help you. Please also give me a feedback, thanks.