Due to the low threshold of domestic service industry, many people go to work directly without systematic training, and often verbally agree on the service content with their employers, and disputes often occur. Zhenjiang Consumers Association combed the complaints of domestic service industry and found that consumer complaints mainly focused on three aspects: the difficulty in refunding agency fees, the difficulty in compensating property damage of domestic service personnel, and the unclear charging agreement.
Consumers are dissatisfied with the difficulty of refunding domestic service.
Consumer Ms. Zhang complained to the "Wisdom 3 15" consumer rights protection platform that she spent 5,000 yuan on a nanny in a housekeeping company and paid the agency fee in 500 yuan. However, after the nanny worked for a few days, Ms. Zhang was dissatisfied and found a housekeeping company and replaced it with an hourly worker of 2000 yuan. According to the agreement, the housekeeping company should refund the agency fee to Ms. Zhang, 300 yuan. However, the housekeeping company refused to refund and did not answer Ms. Zhang's phone.
The consumer, Ms. Chen, complained that she had found a child-rearing elder sister-in-law in a housekeeping company and paid the agency fee in 250 yuan. Later, Ms. Chen felt that this parenting sister-in-law was not suitable, so she returned her. Ms. Chen went to the housekeeping company to ask for a refund of the agency fee, and the housekeeping company asked Ms. Chen to provide a receipt of the fee. Ms. Chen said that she could not find the expense receipt, indicating that she could hand-write the certificate to the housekeeping company, but the housekeeping company just disagreed and refused to refund the agency fee.
Zhenjiang Consumers Association: Zhenjiang Consumers Association believes that consumers' dissatisfaction with the service quality of the domestic service personnel provided does not constitute a breach of contract. Even if the contract signed by the consumer and the domestic service company has the clause that the agency fee will not be refunded, it is also an unfair format clause, which is suspected of obviously exempting the operator from the liability for breach of contract, aggravating the consumer's responsibility and excluding the legitimate rights and interests of consumers, which is unfair and just. According to Article 964 of the Civil Law, "If the broker fails to facilitate the establishment of the contract, he may not ask for payment; However, the client may be required to pay the necessary expenses for engaging in intermediary activities as agreed. " According to the regulations, consumers can ask domestic companies to refund agency fees.
Zhenjiang Consumers Association reminds consumers that the format contracts provided by domestic service companies should be carefully read before signing, paying special attention to whether there are unequal clauses and exemption clauses. At the same time, when signing a contract, it is necessary to stipulate clearly the liability for breach of contract.
It is difficult for domestic servants to compensate for the damaged property.
Consumer Mr. Wang complained that not long ago, he asked a cleaning staff of a cleaning company to help clean, but the cleaning staff accidentally damaged the wallpaper at home and could not restore it to its original state. The cleaner said that the cleaning fee could be refunded to Mr. Wang, but Mr. Wang disagreed and asked the cleaning company for compensation. The cleaning company said that whoever broke the wallpaper would pay compensation, and the company would not be responsible.
Consumer Mr. Pan complained that he was also looking for a housekeeping company to do cleaning, but the cleaner wiped the glass of his house. Mr. Pan found the housekeeping company, and the housekeeping company promised to contact the maintenance, but it has been dragging on. Mr. Pan asked the housekeeping company to repair or compensate.
Zhenjiang Consumers Association:
Article 7 of the Consumer Law stipulates that consumers have the right to protect personal and property safety when purchasing and using commodities and receiving services. Consumers have the right to demand that the goods and services provided by business operators meet the requirements of protecting personal and property safety. Article 11 stipulates that consumers who suffer personal or property damage as a result of purchasing or using commodities or receiving services shall have the right to compensation according to law. Article 52 stipulates that if a business operator provides goods or services, causing damage to consumers' property, it shall bear civil liabilities such as repairing, redoing, replacing, returning goods, making up the quantity of goods, returning the payment for goods and services or compensating for losses in accordance with the law or the agreement of the parties.
Article 165 of the Civil Code stipulates that if the actor infringes upon the civil rights and interests of others through fault, he shall bear the tort liability. Article 1 19 1 stipulates that the staff of the employing unit shall bear tort liability if they cause damage to others because of performing their work tasks. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.
Zhenjiang Consumers Association believes that domestic service personnel have damaged the property of the employer due to work mistakes, and domestic service personnel belong to employees of domestic companies, so consumers can completely ask domestic companies to bear the liability for compensation. If the domestic service personnel have intentional or gross negligence, the domestic company can recover from the domestic service personnel.
Complaints with unclear charging agreements are difficult to handle.
Consumer Ms. Jiang complained that her air conditioner needs Freon. So I found a domestic service center online, and the two sides agreed to pressurize 30 yuan. After the maintenance personnel arrived, Ms. Jiang asked about the charging standard, but the maintenance personnel did not tell her. After the maintenance, the maintenance personnel said that there were five pressures, each 60 yuan, service fee 120 yuan, so the total maintenance fee was 420 yuan. After negotiation between the two parties, the maintenance personnel indicated that 200 yuan could be charged, but Ms. Jiang still felt that the fee was too high and asked to pay 150 yuan, but the maintenance personnel did not agree. In desperation, Ms. Jiang paid 200 yuan to the maintenance personnel. Ms. Jiang complained that the housekeeping service center should refund the maintenance fee of 50 yuan, but the merchant refused.
Consumer Mr. Yang complained that the pipeline in his home was blocked and asked the company to clear the pipeline. The dredging fee agreed by both parties is 150 yuan. However, after the service staff came to the door, they said that they had to clean up before they could clear it. The cost of cleaning depends on how much detergent is used. After dredging, the service personnel informed the cleaning fee of * * 540 yuan, plus the dredging fee of 150 yuan and the cleaning fee of ***690 yuan. Mr. Yang thinks that the fee is too high and asks the merchants to refund the fee.
Zhenjiang Consumers Association:
Zhenjiang Consumers Association reminds consumers that when choosing domestic service, they should choose a domestic service company with complete licenses, good reputation, large scale and standardized service. When signing a contract agreement, they should pay attention to the details of the terms and stipulate the service time, place, price and project. Don't be greedy and cheap to find unlicensed domestic companies or private contracting services to avoid complaints.
In case of dispute, if negotiation fails, consumers should pay attention to preserving evidence, complain and report to relevant administrative departments, or safeguard their legitimate rights and interests through arbitration and litigation.
In addition, the Municipal Consumers Association also suggested that relevant departments should strengthen the supervision of the domestic service industry, and the online service platform should strengthen the audit of domestic companies, especially maintenance service companies, and effectively safeguard the legitimate rights and interests of consumers.