On June 20 17 17, Sun Xiao registered as a bicycle user of ofo*** and paid the deposit of 99 yuan. On 20 19, Sun Xiao applied for refund of the deposit on the "ofo”APP, but it has never been received.
In May, 2020, when Sun Xiao logged into the "ofo*** Enjoy Bike" APP again, he noticed that the "Registration/Login" interface of the APP provided the entrance of the user service agreement format contract in yellow small print, and mentioned the "dispute settlement clause" in small print, so he could log in without any check or click.
The agreement indicates that the update date is 2065438+May 3, 20091,and stipulates that any dispute arising from or related to this agreement shall be submitted to China Chiayi Arbitration Commission for arbitration in accordance with its arbitration rules in effect at the time of applying for arbitration. Arbitration shall be conducted in Beijing, and the arbitration award is final and binding on both parties.
The court held that the arbitration clause in the agreement in this case clearly stated the expression of will, the arbitration matters and the selected arbitration institution, and according to the ascertained facts, Sun Xiao voluntarily chose to register as a bicycle user of ofo***, and there was no invalid situation as stipulated in the arbitration law, which should be considered as valid. The court ruled that Sun Xiao's application was rejected, and the application fee for 400 yuan was borne by Sun Xiao.
Extended data
Deposit/kloc-OFO of 0/0 million people "disappears out of thin air":
According to a report by China News Service on August 3rd, almost all public channels, from ofo official website, official WeChat account, clients to offices and suppliers, can't find any trace of the bicycle company ofo, just like "going up in smoke", but it owes a lot of debts behind it.
As of August 1 day, there are still more than160,000 users waiting to refund the deposit. According to the minimum 99 yuan, the debt has reached1600 million yuan; Its operating entity, Eastern Xia Datong (Beijing) Management Consulting Co., Ltd., has a total amount of about 536 million yuan, and the proportion of unfulfilled total amount is about 95%.
What happened when Wang Shun-Tsinghua University students sued ofo for compensation for 400 yuan? What happened? Finally, the truth comes out! I see