Claim for refund of accommodation voucher unused within valid period 게시글 상세보기 - 등록일, 조회수, 첨부파일, 상세내용, 이전글, 다음글 제공
Claim for refund of accommodation voucher unused within valid period
Date
2021-05-06
Hit
749
A. The petitioner concluded with the respondents the following accommodation voucher purchase agreement (hereinafter this “Agreement”):
ㅇ Channel: Internet site www.aaa.co.kr run by the respondent, aaa Company Limited (respondent 1).
ㅇ Accommodation service provider: bbb Hotel run by the respondent, bbb Hotel Company Limited (located in Korea, respondent 2).
ㅇ Valid period: April 9 ~ December 13 2019 (8 months).
ㅇ Date contracted (booked): April 8 2019.
ㅇ Room charge: KRW 29,900 (paid by credit card).
ㅇ Terms and conditions: Posted on aaa.
B. The petitioner cancelled the accommodation contract (booking) and requested refund of the room charge paid as follows:
ㅇ Reason: Unable to book during weekends.
ㅇ Date cancelled: March 9 2020.
ㅇ Cancellation and refund policy in the terms and conditions.
- Voucher cancellation period: April 8 ~ April 15 2019.
- Vouchers may be cancelled and returned during the voucher cancellation period and may not be cancelled or returned thereafter (non-refundable if booking a room before April 15).
The petitioner cancelled the accommodation contract (booking) and requested refund of the room charge paid.
The respondent 1 claims that it has no liability for the refund of the accommodation voucher as the respondent 1 is a mail-order intermediary.
The petitioner claims the refund of the accommodation voucher on the ground that the respondent 2 sold vouchers in a number that is greater than the number of rooms actually available so the petitioner could not use the room. In this regard, the respondent 1 claims that it has no liability for the refund of the accommodation voucher as the respondent 1 is a mail-order intermediary. The respondent 2 claims that the accommodation voucher is not refundable as the petitioner did not use the voucher within the valid period.
To use the voucher in question, the petitioner would access the room reservation page indicated in the text message sent from the respondent 1 and select a date to book a room, where the petitioner would be asked to specify the voucher number received from the respondent 1. Such a voucher is considered an online certificate among the “New-Type Gift Certificates” provided in the Consumer Dispute Settlement Standards pursuant to Article 16(2) and 16(3) of the Framework Act on Consumers and Article 8 of the Enforcement Decree of the Framework Act on Consumers. The Consumer Dispute Settlement Standards provide that 90 of 100 of the purchase price of certificates that are expired but are within the extinctive prescription period for commercial bonds (5 years) should be refunded. Thus, it is reasonable that the respondent 1 as the issuer of the voucher and the respondent 2 as the appointee of the issuer jointly return KRW 26,910 that is 90% of the purchase price.
Therefore, the respondents shall jointly pay the petitioner KRW 26,910 no later than October 14 2020, and in the event that the respondents delay the payment payable, late-payment penalties at a rate of 6% per annum, as provided in the Commercial Act, calculated from October 15 2020 to the date of full payment shall be added.
1. The respondents shall jointly pay the petitioner KRW 26,910 no later than October 14 2020.
2. In the event that the respondents delay the payment payable under Paragraph 1, late-payment penalties at a rate of 6% per annum calculated from October 15 2020 to the date of full payment shall be added.
