Is Shanghai Situational spa a lie?

Shanghai Situational spa is deceptive. Most people are fooled into losing their rationality and spend money to get a card. It is understood that "the book flow of the club comes from the membership card, and the amount of a card ranges from 1 0,000 to 1 0,000 yuan". Within 7 days, "the number of visitors is *** 182, and the total consumption is at least 930,000 yuan, among which 23 customers become card members, and the maximum membership card cost is 6,543,800 yuan". It can be seen that this routine has a strong ability to absorb gold, and many people have been cheated. Consumers who come to these clubs can't get a card and are suspected of fraud. From the perspective of consumers' rights and interests, I spent 10,000 yuan in the clubhouse, only experienced an ordinary SPA massage, and I couldn't recover the money in my card afterwards. This is not fraud. What is it? Many people have encountered the so-called clubhouse scam: the victim receives suggestive or seductive information through outsourcing advertising companies on various online platforms, and may mistakenly think that the other party is a miss or the other party directly hints at the clubhouse. Then it is drained to the offline club by these advertising traffic ports. After verbal or physical hints from the club housekeeper or other service personnel, I mistakenly thought that the recharge members would have so-called services, so I got hot-headed and recharged a lot of money. After the recharge is completed, these beautiful housekeepers will disappear, and someone else will give you an ordinary massage, and there may be the marginality of machines or hands. The victim naturally feels cheated. He probably didn't know that the membership contract was behind the list when he finally signed it, or said he wouldn't return it or change it when he lied to you to sign it.

So victims usually go to the store, and the store will send you away on the grounds that you won't return it after selling it, or that you can return it casually after buying something. The victim may not be able to return the card because of poor speech or poor communication.

In fact, this whole scam can be divided into two parts. One is the legal basis for explaining whether the card contract is valid and whether it is reasonable to ask for a refund. One is whether the behavior of the store asking you to apply for a card is criminal fraud or civil fraud.

First, if we simply sue the merchant to cancel the service contract, then after a prosecution period of about one year, we have a high probability of winning the case and asking the store for a refund, because we have the right to ask the store to return this intangible paid service to us, no matter according to Article 1 10 of the Contract Law or Article 26 of the Consumer Protection Law, we don't even have to bear the so-called card refund fee in the store. But this kind of circulation and energy consumption is unbearable for most victims.

Secondly, it is really difficult to define whether the behavior in the store is criminal fraud or civil fraud, because the store did provide you with massage services, and the store is willing to continue to provide services, indicating that it does not have the purpose of illegal possession. Moreover, the store probably didn't give you a clear promise in that respect at the beginning, and most people probably deleted the chat records because they were cheated or afraid of being discovered by their families. So many times we don't have enough evidence to prove that they are criminal frauds.

Many victims may complain through the 123 15 consumer hotline, but this consumer hotline can only mediate and has no law enforcement power against the merchants. Therefore, in many cases, the deterrent to merchants is not enough, which leads to merchants not caring about these complaints.