商家的商家赠送的运费险礼券规定不可转让是否有约束力

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1.75亿学生的选择
兴隆商场采用满三百送五十的办法来促销,规定:购物满三百元赠送五十元礼卷,不足三百元的部分略去不计。礼券在下次购物时可代替现金,但使用礼券部分不能享受“满300送50”的优惠。一位顾客先用一千元购买了a商品,得到礼劵后,又用这些礼券和280现金购买了B商品。问:这位顾客购买A、B两种商品相当于享受几折的优惠?
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没过程,不采纳
300除以50-2
这位顾客一共使用了150元的礼金券,购买商品总计=1430元,自己花钱1280元
≈0.895=89.5%
所以,这位顾客买A.B相当享受了8.95折优惠
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第三方登录:&&&&&&杭州温德姆酒店再遭投诉 高价礼券遗失不补受质疑
杭州温德姆酒店再遭投诉 高价礼券遗失不补受质疑
  价值上千元的住宿券遗失不补?在餐厅当现金使用的礼券,丢失了只能自认倒霉?杭州温德姆至尊豪廷大酒店近期再爆会员纠纷。酒店尊荣会员蔡女士日前向《市场导报》投诉时认为,礼券上记载有会员的信息,遗失不补的规定,粗暴地剥夺了消费者的正当权益,属于霸王条款,这样的作为与高档酒店应有的高档服务不相匹配。    酒店方未能提出合理说法据蔡女士介绍,她是于今年1月,在杭州温德姆酒店内办理了一张尊荣俱乐部的会员卡。在花费了2000元钱成为该俱乐部的会员后,她还获赠了多种礼券。其中包括了一张住宿券、两张住宿升级券、一张蛋糕券及多张餐饮券等等。    蔡女士说,一些礼券上标注了会员卡号,并注明不可转让他人,需会员本人出示会员卡才能使用的。然而因事后保管不慎,这些礼券都被丢失。考虑到其价值不菲,蔡女士于是找到杭州温德姆酒店要求补办,但得到的答复是“不能补办”。心有不甘的蔡女士进一步交涉后,又接到了上海客服中心的反馈电话,同样答复是不能补办。    “既然是不可转让的礼券,丢失为何就不能补办?”蔡女士深感不解,并向导报维权qq()投诉。在与杭州温德姆酒店取得联系后,导报记者就此进行了采访。酒店尊荣俱乐部的一位人士确认了“礼券遗失不补”的说法。她认为,这样的规定在礼券上及办卡时的客户回执上都已经注明了,酒店就依此执行。    在被问及这一做法的理由时,该人士答称,遗失的礼券如果被别人拾得,同样可以使用,因而不能补办。蔡女士对此则提出异议,如果礼券没有标注会员卡号,可以转让使用的话,她可以接受不能补办的规定,但此次她要求补办的是不得转让的礼券,并非商家所说的上述情形。    导报记者就此追问下,温德姆酒店工作人员无言以对。在转而询问身边其他人员后,又答复记者称,上述规定在会员手册上也同样注明了,酒店只能照此执行。    为了进一步了解酒店方面制定规则的真实意图,导报记者此后又联系了尊荣俱乐部上海客服中心电话。客服部的刘经理确认,有些礼券能转让的,并不限定持卡人使用,有些则是不能转让,那必须是会员本人使用。诸如住宿券就不能转让,使用时必须同时出示身份证、会员卡,以确保是会员本人消费。    不过,刘经理同样表示“礼券丢失不补”的原因是,销售时的客户回执上已写清楚“所有礼券每个会员一套,遗失不补”,而蔡女士已在此回执上签名同意上述条款了。至于这一规定的合理性因素,刘经理在考虑许久后也没有给出一个明确的说法。    “遗失不补”可能构成霸王条款针对这一纠纷,有消保人士表示,礼券是消费者通过支付钱款而获得的,并非免费赠送,消费者对此享有当然的权利。遗失礼券的行为,消费者虽然有错在先,但是对于限定会员本人使用的礼券,消费者提出补办的请求并不过分。因为这类礼券不可转让,他人拾得后也不可能拿去消费,酒店并不会有所损失。而且酒店完全可以根据所对应的卡号,核实确认该券是否已经被使用了。遗失后给予补办,可以作为酒店服务的一种延伸,更能体现星级酒店的高品质的服务价值。    浙江一墨律师事务所潘晓方律师在接受导报记者采访时表示,酒店发放的礼券是一种债权凭证,该券上如果标明了会员卡号,应该可以一一对应。在消费者确实丢失且未经消费的情况下,酒店应当予以补办。即便酒店在办理会员卡时已经告知,但并不必然的具有约束效力,因为“遗失不补”的规定涉嫌利用格式条款排除对方主要权利,可能构成霸王条款。    在本报发稿前,导报记者接到蔡女士的反馈称在媒体的介入之下,酒店方面一改先前强硬的态度,已同意为其补办所丢失的相关礼券。    
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