"At the beginning of this year, when Mr. Pang, a citizen of Kunming, was preparing to play at the golf practice range where he had been consumed for a long time, he learned that the other party had suspended business due to conflicts between shareholders. When Mr. Pang wanted to get back the bag worth 110,000 yuan that had been paid to the court, the other party played "skipping the ball", which made him very angry.
Video source: Respondent Douyin
On April 6, Mr. Pang shared his experience on the short video platform, and soon there were more than 1,000 comments, and many netizens gave him some advice. More than 10 fans who were "deducted" of the ball bags contacted him. Mr. Pang said that he roughly calculated that the total value of the ball bags should be around 600,000 yuan.
Company shareholders had conflicts with
Purchase range suspended business
Mr. Pang said that since 2016, he had applied for a stored value card at the Baishahe Golf Purchase Range, began to practice playing golf, and sent the bag worth 110,000 yuan on the course through paid form. In mid-2019, the ball bag was reinstalled After reopening in November of the same year, the driving range invited him to continue playing golf, and he continued.
In 2020, Mr. Pang went abroad and did not come back until the beginning of this year. "When I came back, I found that the court was closed and there was a notice on the door, which was about conflicts between their shareholders..." From the photo provided by Mr. Pang, the reporter saw the announcement of Baishahe golf course posted on the door, which was accompanied by a chat record between shareholders, and there was also a public account. The minutes of the 2020 shareholders' meeting. The minutes of the
meeting showed that three shareholders reached a consensus to stop all operations of golf driving range first and take back the golf driving range. At the bottom of the meeting minutes, a shareholder wrote: I do not agree to the closure of the driving range.
Consumers want to retrieve the clubs
but hit the wall one after another
"At the end of January this year, I went there again, and this time the driving range was open, and someone was operating it. Then I said I'll get the club, my ball bag is here, and there is a stored value card. "Mr. Pang said, "I told the stadium staff at that time that if I wanted to continue operating, I would take away the bag and continue to come back to play after the New Year. If I don’t manage it anymore, I will take away the bag, but the money in the stored value card will be returned to me. One of theirs was in charge at that time, and he had a very bad attitude and said that the ball bag was not their business and they knew nothing. "Because there was still something to be done at that time, Mr. Pang left without arguing with the other party.
Until recently, Mr. Pang found the other party's person in charge again, but the problem was still not solved. "They have been 'skipping the ball', and the legal person asked to go to shareholders, and the shareholders asked to go to others, but they kept shirking responsibility for each other. "Mr. Pang said that at present, the balance of the stored value card he has applied for is more than 4,600 yuan. After posting on Douyin, more than 10 fans who were deducted from the ball bags contacted him. The total value of everyone's ball bags should be around 600,000 yuan. "And more than that, as far as I know, at least more than 100 consumers' ball bags are there, which was told by their coach before. "
"I think no matter how conflicts arise between their shareholders, it has nothing to do with us consumers, and they should not detain our personal property. "Mr. Pang said helplessly.
The reporter called the person in charge in turn
Results...
Then, the reporter came to the Baishahe golf driving range and found that the door here was locked, and there was no one, nor did he see the notice Mr. Pang said. The reporter went in along the path on one side and saw that the area where drinks were usually sold was covered with thick dust. The driving range looked particularly desolate because no one was taking care of it.
According to the contact information provided by Mr. Pang, the reporter called the person in charge of each person in charge. As Mr. Pang said, he encountered mutual ruling and "skipping the ball".
The reporter first called Mr. Li, the legal person of the company. The other party said that he no longer managed the company and had already handed over the work in his hands. For specific situations, you can contact , shareholder, surnamed Guo.
The reporter contacted the shareholder surnamed Guo again. He was not clear about the other party responding to this matter. The reporter can ask the shareholder surnamed Tian who is the clearest about this matter. The shareholder surnamed Tian is also the assistant of the legal person Mr. Li. Both of them know about this matter. After
, the reporter called the shareholder surnamed Tian, and the other party also said that he did not know about this matter. He had already explained what he should have said to Mr. Pang, and the specific situation should be learned from the legal person Mr. Li.
Finally, the reporter called the legal person Mr. Li again, but the other party still said he didn't know.
Lawyer suggested that
protect rights through multiple channels
In response to Mr. Pang's situation, lawyer Liu Jie from Yunnan Tianwaitian Law Firm said that first of all, there are two legal relationships between Mr. Pang and the golf course, service contract relationship and custody contract relationship. The golf course cannot provide corresponding services to Mr. Pang, nor can it return the bags kept by him for a paid custody, which constitutes a breach of contract. It violates the relevant provisions of Articles 509, Article 892 of the Civil Code of the People's Republic of China and Article 53 of the Consumer Rights Protection Law of the People's Republic of China, and infringes on the legitimate rights and interests of Mr. Pang and other consumers who are storing values or storing ball bags on the golf course, and shall bear corresponding legal responsibilities.
Secondly, no matter what kind of business problems exist within the golf course, it cannot be an excuse for it to shirk responsibility and infringe on the legitimate rights and interests of consumers. Mr. Pang and other consumers can request help from the Consumer Association in accordance with the law, or complain to the relevant industrial and commercial administrative agencies. If the dispute with the golf course is still not resolved effectively, you can also file a lawsuit with the court to protect your legitimate rights and interests.
Finally, the lawyer recommends:
1. Do not believe the sweet words of sales personnel in various consumer places, and do not consume impulsively, and try to avoid large amounts of stored value. To store value, a written contract must be signed to make clear agreements on the rights and obligations of both parties.
2. Try to keep valuables yourself. If there is a great inconvenience in carrying them, and when handing them over to the relevant business premises for storage, they should be required to issue a clear and detailed receipt, listing the content and quantity of the items in custody, so that rights protection is evidence when there is a problem.
3. Clever communication and fix evidence. Try to negotiate with the golf course operator to resolve the issue. Try to communicate with them by conveniently retaining records, such as text messages, WeChat, etc. And record as much as possible during in-person or telephone communication to serve as evidence to provide a basis for future rights protection.
4. Protect rights through multiple channels at the same time. You can report to the relevant business administration departments while requesting help from the Consumer Association. If necessary, you can also entrust a lawyer to file a lawsuit with the people's court and apply for property preservation.
Source: Chuncheng Evening News-Kaiping News Reporter Yang Lu Photography reports and some pictures provided by the parties
