mortal train conductor

Chapter 167
"Now imagine, if you are in a restaurant, you can confidently say to the waiter that your menu is not complete, and I want to eat 'fried shrimp with almonds'. Your restaurant must make it for me. When it comes to us now, it is The railway transport company has sold out the tickets from Station A to Station G, and now there are no tickets to Station G, but your railway must let me reach Station G.

For the former, anyone would think that the customer is unreasonable for the restaurant to ask for dishes that are not on the menu, while for the latter, the behavior of asking the railway transportation company to send himself to the destination station without buying a ticket, many passengers are justified. The reason is also high-sounding.In fact, this is a violation of the principle of equality and voluntariness of both parties in the contract law, and the behavior of forcing the other party to sign a contract with oneself is contrary to the original intention of the contract law.

Let’s continue with the example of the restaurant. You find that the restaurant does not have the dish “Stir-Fried Shrimp with Almonds”, and then you find that there is “Stir-fried Shrimp with Cashew Nuts” on the restaurant’s menu, so you come here with the attitude of buying what you have. A plate, but when the dish is first served, you ask the restaurant waiter to add shallots to the dish and stir-fry it again.

This kind of request needs to be discussed with the restaurant. The chefs of many restaurants, especially those of some large and extra-large restaurants, will not easily change the way of cooking according to the requirements of customers, so you need to contact the restaurant. Negotiate, but once the negotiation fails, if the chef of the restaurant refuses, that is a normal phenomenon, and it is a matter of reason, because the restaurant you ordered has already been fried and served, and the restaurant has fulfilled its contractual obligations. If you want to change the contract, you need to reach an agreement with the hotel.

Going back to our current purchase of short and long rides, that is your current behavior, which is exactly the same as asking a restaurant to cook again. You bought a ticket from station A to station D, and the railway transportation company also transported you safely to D. station, then the railway passenger transportation contract is basically fulfilled.

And you are at the halfway station now, and you want to change the destination station to G station, then you need to negotiate with the railway transportation company. As long as one of the two parties disagrees, the contract should continue to be performed according to the established terms.

As a legal person, I personally think that since the contract has already begun to be performed, and one party does not agree to change it, then it can only be fully performed according to the terms of the contract when it was concluded. For example, you should get off at the station specified on the ticket and buy another tickets, or transfer to other trains. "

The ponytailed passenger continued: "But since the train has a ticket supplement service, it should be done for passengers in need."

A middle-aged man next to him who was about to ask a question flipped through the terms of the contract of carriage on his mobile phone, and said, "Let me interject, there is a clause in the contract of carriage in the contract law, that is, you must not refuse a legitimate contract." Transportation requirements, saying that carriers engaged in public transportation shall not refuse passengers' normal and reasonable transportation requirements. I think our requirements are also normal and reasonable, and trains should not refuse to reissue tickets for us."

The corners of the elderly lawyer's mouth turned up slightly, and his heart seemed to be full of joy.In the profession of lawyers, people who like to deal with people who seem to understand some laws, but do not understand the connotation of each law, do not understand the interpretation of laws, and do not explain the system, meaning, etc., just directly Take out the law and show it to you, this kind of person is the best to deal with.

What lawyers are most afraid of is the kind of people who simply don't understand the law, don't know anything about the law, and don't want to understand it, so they need to try their best to explain to him. If the legal terms are met, then you can use the opposite terms to subdue him in an instant.

The old lawyer smiled and said: "Master, you are right. What you said is the general provisions in the contract of carriage. However, according to the principle that special provisions in the legal system prevail over general provisions, in the passenger transport contract, there is a provision It means that passengers have the obligation to travel with a valid ticket. I can’t say the exact content. You can read it on your mobile phone. Passengers should hold a valid ticket for transportation. If passengers travel without a ticket, Passengers traveling in excess of passengers, overclasses, or with invalid tickets shall pay additional fares, and the carrier may charge additional fares in accordance with regulations, and the carrier may refuse transportation if the passenger fails to pay the fare."

The middle-aged man may be looking up the "Contract Law" on his mobile phone, and he slid his finger down twice and stopped moving, obviously seeing the clause uttered by the elderly lawyer.

"Continuing from the example just now, for example, you had lunch at table 4 at noon, and now you still want to make a reservation for dinner, but the hotel regrets to tell you that not only table 4, but all tables in the hotel tonight We are fully booked and cannot receive you for dinner tonight.

It's like the train has now released the short-distance ticket seat from the next station, and not only the seat you are taking has been sold, but also the number of people allowed to be overcrowded in each car according to the regulations. . "

Speaking of which, the elderly lawyer paused for a moment, then turned to look at Liu Qun and asked, "Train conductor, how much is the overcrowding allowed on the train?"

Liu Qun quickly replied: "The hard-seat car is allowed to be overcrowded by 40%, which is about 47 people." Liu Qun thought to himself, this lawyer is really a quick learner, and the word "please" is used well.

The elderly lawyer continued to say to the ponytailed female passenger and the middle-aged male passenger: "Even the 47 people who can exceed each compartment have already sold tickets at the station ahead, so the train will not go through the ticket replacement procedures for you. There are reasons for them.

Just like ordering meals in advance in restaurants, passengers buy tickets online or at stations in advance. Although the reality is cruel, from a legal point of view, the fact is that if restaurants cannot be reserved, dinner cannot be served. For consumption in this restaurant, if you have to stand in the restaurant and watch other tourists feasting, it is unfair to other tourists, and it is also a kind of torment for you.

Just like on the train now, passengers have to board at every station. Some of these passengers have seats and some do not. There are more than 40 people standing, and the short-distance tickets you bought have been recognized by the ticketing system as passengers who have already got off the bus, but you have not actually got off the bus, just like standing in a restaurant and watching other customers eat, you are also very upset Comfortable, those passengers who just got on the bus or those who asked you to get up from your seat are also very uncomfortable.

It’s like saying that a restaurant is for people to come to eat, but the restaurant has no seats, or the capacity of the restaurant has reached its limit, then the restaurant will refuse the passenger’s request for dining, just like the train now requires passengers to take the train according to the station on the ticket. Comply with the principle of voluntary equality in contract law. "

(End of this chapter)