After more than two months, Ms. Xu, a citizen, still has not reached an agreement with the "Swan Home" platform on the refund matter: for her, she has not found a suitable day shift aunt at home yet, and she even has to pay nearly 4000 yuan for the service fee in vain. However, on the other hand, a service contract issued by the platform shows that deducting all service fees does not seem to be a problem.
In recent years, with the continuous development of the "Internet plus" model, the domestic service industry is gradually shifting to online. The "one-stop" service process of selecting addresses, filtering needs, and recommending consultants seems time-saving and worry free, which makes a large number of consumers willing to pay a "service fee" to the platform. Collecting money to assist may seem reliable, but the experiences of many consumers suggest that this "helping find an aunt" service is almost a step by step pitfall.
Once on the doorstep, the service fee platform is "bound to win"
My request is for my aunt to work during the day. In addition to cleaning, the key is to be responsible for cooking a dinner. "In July of this year, Ms. Xu began searching for service personnel on various government platforms. Due to having children at home, she particularly requested a clean indoor environment and light and healthy meals. As a well-known internet housekeeping service platform, "Swan Home" was first included by Ms. Xu as one of the channels for choosing aunts.
And the subsequent service did not disappoint Ms. Xu either. After repeatedly confirming the employment needs with Ms. Xu, the customer service consultant screened and sent several aunts' resumes. Upon closer examination, one of them, Aunt Sun (pseudonym), made Ms. Xu "moved". Good aunties have tight schedules. "After quickly completing the online interview, Ms. Xu signed a service contract under the advice of the consultant
However, after the aunt completed her first household registration service, everything went smoothly as if it had come to an end. On the same day, my aunt told me that she couldn't come in the future because the service time I requested didn't match her current free schedule. However, whether it was in the early communication or during the interview, I had repeatedly confirmed the employment time. Isn't this a waste of energy? "In dissatisfaction and disappointment, Ms. Xu proposed to the consultant to refund the service fee, But the consultant immediately sent a screenshot of the contract: after the domestic staff completes their first home registration service, the platform will deduct a "first matching service fee" of 1500 yuan. The consultant also stated that if the refund is made now, the user will suffer a significant loss. She suggests that Ms. Xu continue to serve and that she will help find a suitable aunt as soon as possible.
The loss of a thousand yuan in vain was clearly not worth it, and with the repeated assurances from the consultant, Ms. Xu had to give up the refund temporarily with suspicion. However, after the process of matching aunts was restarted, Ms. Xu and others only had endless dissatisfaction. This time, the consultant ignored my needs and kept persuading me to accept the aunt labeled as' elderly care service 'on my resume. After multiple rounds of tugging and tugging, Ms. Xu finally welcomed the second aunt to go home. However, 14 days later, the aunt still chose to' go home '. In addition, she had taken multiple leave during her service period, which made Ms. Xu insist on terminating the service relationship with' Swan Home '.
This time, I can't even refund a penny! "The consultant once again informed Ms. Xu that according to the contract, since the aunt has been registered for 14 natural days, if she applies for a refund at this time, all the service fees that Ms. Xu previously paid will not be refunded." Can we only continue to cooperate with this platform
Unequal Clause "Support" Platform Refuses Refund
During Ms. Xu's communication with the consultant, 'Swan Arrives Home' has twice refused refunds, and the words' according to the contract 'also appear reasonable and valid. So, what kind of contract is this?
Through the social media platform of Liaoning netizen Ms. Zhao, the reporter also saw this service contract. In July of this year, a similar experience as Ms. Xu was almost also staged at the home of Ms. Zhao, a resident of Liaoning province: the well matched aunt repeatedly changed the registration time, and the cleaning service after the registration was not satisfactory. After settling the aunt's household salary, Ms. Zhao and her husband applied to the platform to terminate the service contract, and they also received a response of "no refund of the first matching fee".
According to the cost details, Ms. Zhao paid a one-year service fee to the platform, including a first matching service fee of 700 yuan and a after-sales support service fee of 1980 yuan. According to Article 2 of the contract, "Party B's service content" refers to the first matching service, which refers to the recruitment of domestic workers who meet the needs of users by the domestic service platform, and the provision of information on domestic workers with a single intention for Party A's preliminary selection; After sales support services require the housekeeping service platform to continuously meet users' employment needs and recruit suitable housekeeping personnel for free during the service period.
If the service relationship needs to be terminated in advance, the contract also stipulates the refund rules: only if the first domestic service personnel hired by the user do not meet the registration conditions or unilaterally terminate the employment contract before the actual registration date, the platform can refund all service fees. On this basis, only when none of the recommended domestic helpers on the platform have been registered for 14 natural days can the remaining amount be refunded after deducting the first service fee.
△ The relevant provisions on refund rules in the "Swan to Home" service contract.
It is not difficult to see from it that 'Swan to Home' has set an extremely low threshold for collecting service fees for herself. "Ms. Zhao analyzed to reporters, on the one hand, according to the existing contract regulations, only one household service personnel is required to complete one day of household registration service. Regardless of whether the service is satisfactory and sustainable, the platform can include the first recruitment service fee in its pocket, and the 14 day period is not long, The agreed refund ratio is limited to 14 days, which greatly deprives consumers of their freedom; On the other hand, the contract does not specify the service effectiveness of the platform. Even if the service continues, the platform's obligation is only to help users match for free, and the time spent is not mentioned at all. "For consumers, signing such a contract can bring very little protection
Consumers should try their best to use standardized "third-party contracts"
In fact, in response to the current popular "service intermediary" model, the Shanghai Municipal Commission of Commerce, Shanghai Market Supervision and Administration Bureau, and the Shanghai Family Service Industry Association have jointly formulated the "Shanghai Family Service Contract Demonstration Text (2020 Edition)". Unlike traditional labor relations, the domestic service relationship established by relying on service intermediaries is actually a tripartite relationship. Therefore, what it needs to sign should also be a tripartite contract based on employers, domestic service institutions, and domestic service staff. "said Sun Mei'e, President of the Shanghai Family Service Industry Association, In the model text we have developed, there are clear provisions regarding the rights, obligations, and breach of contract responsibilities of the three parties
△ The relevant provisions on early termination of contracts in the demonstration text.
The reporter noticed that compared to the format contract provided by "Swan to Home", the various agreements in the demonstration text are clearly more balanced. For example, in the relevant provisions on liability for breach of contract, the model text elaborates on the method of early termination of the contract and stipulates the amount of liquidated damages to be paid. We suggest that consumers can try to use demonstration texts to sign contracts with domestic service platforms. If there are any issues that are not covered, they can also negotiate with three parties and sign a supplementary agreement, "said Sun Mei'e.
Efficient and convenient, with a wide range of options, this is indeed the advantage of home service after it enters the internet. However, as the industry develops faster and more companies enter the market, before reaching a service relationship, it is also recommended that users check relevant information through the Shanghai Home Service Management Platform. Sun Mei'e also reminds consumers that currently, Shanghai requires internet homemaking service intermediary platforms and homemaking service personnel to undergo registration and filing. Citizens only need to check and trace relevant information through the "Homemaking Personnel Credit" section in the "Along with Application" section. "In addition, when signing service contracts, consumers must also carefully read the relevant terms to avoid unnecessary disputes as much as possible
