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How can the awkwardness of "leaning against the window seat" not against the window be broken

Time: 2024-05-21 07:45:08    Author: Chai Chunyuan    News source: Justice Network

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"The side near the window does not mean there must be a window."

"The seat by the window should have a window, and the logic of words should be like this."

Recently, a netizen posted on the social networking platform that he spent more than 700 yuan to buy a first-class seat on the high-speed railway, hoping to have a comfortable riding environment, but the seat is not near the window. He thought he could look at the scenery by the window, but he did not expect to get on the train. The netizen complained to 12306. 12306 customer service said that the appearance and organizational structure of each train of the high-speed railway are different, so when you buy A or F window seats, it is really possible to get on the train with a window but not necessarily a window. As soon as the news came out, it quickly attracted the attention and heated discussion of netizens (according to Guangming on May 19).

"I sometimes feel unhappy when I sit in a window other than the front window". Netizens have joined in the discussion instead of "haggling over every ounce". With the improvement of people's living standards and travel conditions, it is not excessive to pursue a relatively comfortable and cost-effective seat. Although it happened accidentally, the passenger managed to grab the "window seat" but did not sit in the actual window seat. It is normal to feel dissatisfied. More importantly, whether his relevant consumer rights and interests have been violated? This is the first problem that needs to be clarified for further discussion.

The key to the problem lies in the name of "leaning against the window seat". Is it necessary to lean against the window seat? If it is said that "leaning against the window seat" is a kind of meaning expression of high-speed railway, which has also been written into the ticket purchase contract and printed on the ticket, then when both parties have an ambiguity about it, according to the relevant provisions of our Civil Code, the specific meaning should be determined according to the words used, which is the "literal interpretation" in the contract interpretation. According to the common understanding of ordinary people, the window seat should be close to the window. It is difficult to interpret "close to the window" as "close to the side of the window" in the literal sense, and it is difficult for high-speed railway to avoid the accusation of "breach of contract".

But in fact, "seat by window" is not an official name for high-speed rail seat. As we know, the seats on the high-speed railway are generally seat A and seat F against the window. Calling "seat A" and "seat F" as "seat by the window" is just a folk term. If the high-speed railway sector interprets "seat by the window" as "seat by the window", it is difficult to say that it will constitute a breach of contract or even contract fraud. "It is possible for passengers who buy A or F window seats to find that there is not necessarily a window on the side of the window after getting on the bus." - There is some truth in the statement of 12306 customer service. "If passengers want to choose a window seat, it is recommended that they report to the stewards and see if they can change seats if conditions permit." - Such suggestions also show the spirit of goodwill and cordial service.

However, buying a "window seat" but not a window seat does make some passengers feel uncomfortable, dissatisfied and even complain. The price of the same seat is obviously different, which can really be said to be an "embarrassing thing". how to deal with it? It can be said that it is a method worth advocating to resolve the embarrassment in the goodwill of mutual understanding when performing the contract. Since one side has shown goodwill and service spirit, the other side needs to show enough consideration and understanding. You should know that even if the ticket price is exactly the same and all seats near the window are different, it is difficult to say that they are completely the same. Therefore, when the seat difference is not enough to affect the basic content of the passenger transport contract, both the high-speed railway and passengers should show some goodwill. Good faith performance is also an indispensable condition for the smooth performance of the contract and the realization of the purpose of the contract.

From the perspective of further improving service level and better meeting consumer demand, it is necessary for high-speed railway to further improve services, such as through more detailed seat division (by adding notes, etc.), to make passengers feel that consumption is fair as far as possible. In addition, the "window" and other marks on the "seat selection" page of the ticketing software should also be made more detailed and clear in order to avoid misunderstanding and effectively avoid the suspicion of false publicity or marking.

[Editor in charge: Gao Wenwen]
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