In the hot summer, dozens of children are preparing to carry out summer camp activities. However, it was only at the sultry activity site that I realized that the building didn’t have air conditioning on weekends, and it would cost 1,200 yuan per hour to open it alone, which was not included in the venue fee.
The activity lasted for 5 hours, and Ms. Hu, the organizer, had no choice but to pay 6,000 yuan, which was collected by the building property. After the event, her company complained to the property owner and the lessor of the venue to various departments: "The cost is too scary, it is simply sky-high, and the venue has not fulfilled its obligation to inform in advance."
Is it "sky-high price" to charge 6000 yuan for 5 hours? The person in charge of the payee said that its central air conditioner can’t be variable frequency, and it will start once the whole building is used.
Complainant/5 hours charge 6000 yuan. This is a lion’s mouth.
Ms. Hu works for an English training company named "Caiyue Fish". On July 28th, her company signed an agreement with Chengdu Wokejia Information Technology Co., Ltd. to rent the company’s site, namely the 17th floor of Building 10 of Tianfu New Valley in High-tech Zone, for activities.
On the morning of July 28th, Ms. Hu came to the activity site with dozens of children and dozens of foreign college students, and found that there was no air conditioner in the venue, so she asked Walker to turn on the air conditioner, but she was rejected. Ms. Hu introduced that she was told that the air conditioning fee should be calculated separately, 1,200 yuan an hour. "The staff of our company and its theory indicate that (air conditioning fee) is not included in the venue fee, and blame our company for not asking."
Considering the safety of the children and the fact that the activity can’t be dissolved temporarily, Ms. Hu had to compromise. She signed her name on an "application form", which said, "It’s five hours in all, and the total cost is 6,000 yuan". The payee is the building property owner, Tianfu New Valley Property Management Co., Ltd..
After the event, Ms. Hu’s company complained to several departments about Tianfu Xingu Property Management Co., Ltd. and Chengdu Wokejia Information Technology Co., Ltd. Ms. Hu believes that the former charges are too high, "it is simply a sky-high price, and the lion has to compromise"; The latter did not fulfill the obligation to inform and clarify the air conditioning fee in advance.
The venue/air conditioning is usually closed on weekends, and neither party mentioned this issue when signing the contract.
On the afternoon of July 30, the reporter contacted Ms. Chen, the relevant person in charge of Chengdu Wokejia Information Technology Co., Ltd.. "1,200 yuan an hour, we also feel expensive, and we can’t choose to open it on weekends. The property said that once the central air conditioning is turned on, the whole building will start." According to Ms. Chen, according to the regulations of the park, the central air-conditioning of Building 10 in Tianfu New Valley is normally turned on only from Monday to Friday, and it is usually closed on weekends. If it is to be turned on separately, it is necessary to pay the air-conditioning fee separately.
Ms. Chen introduced that her company often rents out the venue to other companies to engage in activities. "Some bosses have money and feel that thousands of dollars doesn’t matter. Some people think it is too expensive and simply don’t open it. We will provide several electric fans to cool down." Ms. Chen said that when "Cai Yue Yu" came to hold activities, her company also provided several electric fans, which have been considered for the children as much as possible.
Regarding Ms. Hu’s complaint, her company did not fulfill the obligation to inform and clarify the air-conditioning fee in advance. Ms. Chen said that because Ms. Hu is an old customer of her company, she did not ask about the air-conditioning, and Ms. Hu did not raise it. It was not mentioned in the contract between the two parties. "We didn’t say it on either side."
In this regard, Ms. Hu said that the cooperation between the two parties was in October last year. At that time, there was no problem of turning on the air conditioner. Because of the experience of cooperation, the two parties did not clearly specify in the contract that the participants were a group of children.
Once the property owner/central air conditioner is turned on, the whole building will start.
On the afternoon of July 31, the reporter contacted the relevant person in charge of Tianfu Xingu Property Management Co., Ltd. "First of all, it’s not hard to buy and sell. She (Ms. Hu) was also willing when she applied, and later she went to complain and asked for a refund. Secondly, there are no arbitrary charges, and we have detailed energy consumption calculations. " The person in charge said that she could not understand Ms. Hu’s move, because the activities organized by Ms. Hu actually used air conditioning, "energy consumption has gone out", so she did not return the money to Ms. Hu.
The person in charge said that in the property service contract signed between the property and the enterprises in the park, the original text stated that "the central air conditioning is not open on national statutory holidays and rest days (Saturdays and Sundays)". If there is a need, it needs to be communicated in advance and can be used after handling relevant procedures. "In this incident, after the customer went through the relevant procedures, we provided services as required."
Why do you charge 6000 yuan for five hours? The person in charge said that its central air conditioner is not a variable frequency air conditioner, and it will start once the whole building is opened, so the energy consumption is high.
Expert opinion
Both parties should have made an agreement in advance.
Is it reasonable to charge 6000 yuan for running central air conditioning for 5 hours? A senior industry insider told reporters that it is normal for a large office building that usually uses central air conditioners of "screw machine" and "centrifuge" types to spend thousands of yuan an hour. "Usually it is three-stage frequency conversion. If a company turns on, at least one third of the total power of the central air conditioner should be turned on. If several companies open together and reach or exceed one-third of the total power, it will consume two-thirds of the power. "
Yang Yifan, deputy secretary-general of China Refrigeration Society, said that there are different types of central air conditioners, and some of them have to be turned on all the time, so the power consumption is very high, while the power consumption with frequency conversion function is relatively small. It is necessary to check the area of the building and the power of the central air conditioner on the spot. "You can’t make a judgment until you arrive at the scene." However, Yang Yifan believes that the two sides should have reached an agreement in advance.
Lawyer’s perspective
The site has the obligation to inform the lessee of the air conditioning problem in advance.
Regarding the legal issues involved in this case, lawyers Zhang Shouyao of Sichuan Youtong Law Firm and Wang Dongju of Sichuan Xihang Law Firm all believe that the site has the obligation to inform the lessee of the air-conditioning problem in advance.
Lawyer Zhang Shouyao believes that there is a legal relationship between English companies and the venue. Although the two parties have not agreed on the sharing of the air-conditioning cost of the leased site in the contract, if the contract signed by both parties makes it clear that the leased site is engaged in group activities, and the participants of the activities are mainly minors, in view of the hot summer season, the lack of air-conditioning will inevitably lead to the failure of the lessee’s purpose of leasing.
Therefore, in addition to providing venues, we should ensure that the rented venues are air-conditioned and suitable for many minors to carry out indoor activities. If there is no explicit agreement in the contract, it shall be deemed as the contractual incidental obligation of the lessor. Including the lessor, did not inform the lessee of the air-conditioning problem in advance, which shows that the lessor itself is at fault. In this case, as a collateral obligation, the lessor should be the responsible party.
Lawyer Wang Dongju believes that if the venue is used for a long time, it should be clear about the situation and have the obligation to truthfully inform the organizer when providing the venue. Lawyer Wang Dongju, the property owner, believes that when the lessee’s request to turn on the air conditioner was rejected, the property owner clearly told him that if he wanted to turn on the air conditioner separately, he would continue to ask for the air conditioner. Under this premise, there is no big problem for the property management to charge the fee.
(Chengdu Business Daily-Red Star journalist Wang Tuo)
