在温哥华downtown租自行车被窃要求赔付500刀

[hcy1234]

I assure you the bike value is much less than $100. No bike owner would be stupid enough to rent out a $500 bike with $100 deposit.
I think you must be smart in China. Why become stupid in Canada?

Also the retail price in store is different than the price that the bikeshop can buy the bike.

也不能这么说，比如我们在住酒店的时候也常常碰到类似的条款，损坏什么东西赔偿XXX，弄脏什么赔偿XXX，这个价格通常比外面的价格要贵不少。特别是电子产品可能酒店的电视当时采购$500，现在更好的型号只要$300，我在这里还没碰到过类似问题，但是如果照你的说法如果万一碰到是否可以拒付？估计是不行的吧？

 

[summerorange]

我是有这个权利的对吧 但是店里员工说他们不会证明当时他们到底买的多少钱 我应该去哪要申诉呢

think about it. The contract must be a generic one saying the replacement value <= $500.
did you rent the most expensive in the store?

 

[summerorange]

也不能这么说，比如我们在住酒店的时候也常常碰到类似的条款，损坏什么东西赔偿XXX，弄脏什么赔偿XXX，这个价格通常比外面的价格要贵不少。特别是电子产品可能酒店的电视当时采购$500，现在更好的型号只要$300，我在这里还没碰到过类似问题，但是如果照你的说法如果万一碰到是否可以拒付？估计是不行的吧？

the contract does not say "if lose the bike, pay $500"
the contract say "lose the bike, pay the value of the bike. and our most expensive bike is $500"
so I don't know what is your point.

 

[hcy1234]

其实OP还不如去商店买个新的还给他呢，$319*1.13=$360+$20车锁=$380搞定，省下$120

 

[summerorange]

其实OP还不如去商店买个新的还给他呢，$319*1.13=$360+$20车锁=$380搞定，省下$120

the bike is worth $60.
the renter should ask the bikeshop for $40 dollar back.

 

[zixzhao]

he does not know anything so his reply won't be helpful at all. lol

谢谢您的指点， 现在问题是我已经赔付过了，但这个自行车的full replacement value到底到没到500 如果不到的话 我成功追回的可能性大吗？

 

[zixzhao]

think about it. The contract must be a generic one saying the replacement value <= $500.
did you rent the most expensive in the store?

我现在看她的态度， 是不是店里最贵的车还不是她说了算

 

[hcy1234]

the contract does not say "if lose the bike, pay $500"
the contract say "lose the bike, pay the value of the bike. and our most expensive bike is $500"
so I don't know what is your point.

The OP state clearly the clause is "if the rental bicycle is stolen lost or damaged, you are responsible for its full replacement value, estimated not to exceed $500 ca dollars"

So the OP is respnsible for total cost of replacement the bike+lock+tax, that also include the labor cost of purchasing, it's hard to define now

Estimation is $500, based on the retail price of $319 I think it's acceptable

 

[summerorange]

也不能这么说，比如我们在住酒店的时候也常常碰到类似的条款，损坏什么东西赔偿XXX，弄脏什么赔偿XXX，这个价格通常比外面的价格要贵不少。特别是电子产品可能酒店的电视当时采购$500，现在更好的型号只要$300，我在这里还没碰到过类似问题，但是如果照你的说法如果万一碰到是否可以拒付？估计是不行的吧？

I don't know what's wrong with all your people. Every industry is different. I speak from my experience working the bike rental industry. And you talk about cars, hotels, what the fuck?

You tell me, when you borrow a book from library, why don't they charge you deposit for losing the book?
You tell me, when you go on a bus, why don't they charge you deposit for damage the seat?

every industry is different,
I tell you, in bikeshop, we charge deposit which is > than the value of the bike because the risk of losing it is really high.

 

[summerorange]

The OP state clearly the clause is "if the rental bicycle is stolen lost or damaged, you are responsible for its full replacement value, estimated not to exceed $500 ca dollars"

So the OP is respnsible for total cost of replacement the bike+lock+tax, that also include the labor cost of purchasing, it's hard to define now

Estimation is $500, based on the retail price of $319 I think it's acceptable

nothing hard to define.
it is already defined which is $100 deposit.

 

[hcy1234]

谢谢您的指点， 现在问题是我已经赔付过了，但这个自行车的full replacement value到底到没到500 如果不到的话 我成功追回的可能性大吗？

我如果是你就直接跟他说你这个车就卖$319，我买个新的连税也就$360+锁一把$20，我最多就负责这些了，不然我去买个新的回来还你

 

[summerorange]

The OP state clearly the clause is "if the rental bicycle is stolen lost or damaged, you are responsible for its full replacement value, estimated not to exceed $500 ca dollars"

So the OP is respnsible for total cost of replacement the bike+lock+tax, that also include the labor cost of purchasing, it's hard to define now

Estimation is $500, based on the retail price of $319 I think it's acceptable

the contract is generic which applies to all bikes of the bikeshop. $500 is the most expensive in that shop.

for that most expensive bike, if someone is renting it, the bikeshop would have already charged $500 deposit.

 

[zixzhao]

I don't know what's wrong with all your people. Every industry is different. I speak from my experience working the bike rental industry. And you talk about cars, hotels, what the fuck?

You tell me, when you borrow a book from library, why don't they charge you deposit for losing the book?
You tell me, when you go on a bus, why don't they charge you deposit for damage the seat?

every industry is different,
I tell you, in bikeshop, we charge deposit which is > than the value of the bike because the risk of losing it is really high.

我理解您想表示的 我也相信这个自行车肯定不值这个钱，就算我付100刀押金他肯定也是赚了， 但是现在合约摆在这，就说让我按替换价值赔付，最多五百刀 按您的经验 这个替换价值按合约应该是多少 我多付的可以追回吗

 

[summerorange]

谢谢您的指点， 现在问题是我已经赔付过了，但这个自行车的full replacement value到底到没到500 如果不到的话 我成功追回的可能性大吗？

you have 0 chance to get the money back.

 

[zixzhao]

我如果是你就直接跟他说你这个车就卖$319，我买个新的连税也就$360+锁一把$20，我最多就负责这些了，不然我去买个新的回来还你

可我现在已经赔了，主要是想追回差额 如果上小额经济法庭应该可以胜诉吧

 

[summerorange]

我理解您想表示的 我也相信这个自行车肯定不值这个钱，就算我付100刀押金他肯定也是赚了， 但是现在合约摆在这，就说让我按替换价值赔付，最多五百刀 按您的经验 这个替换价值按合约应该是多少 我多付的可以追回吗

replacement value is $100. already charged by deposit. that's what all bikeshops do. expensive bike, big deposit. cheap bike, little deposit. lose the bike, lose the deposit. it's that simple. this is the same in China. why you come to Canada thinking it's different?

 

[summerorange]

可我现在已经赔了，主要是想追回差额 如果上小额经济法庭应该可以胜诉吧

you don't live here. so you have no chance.

 

[hcy1234]

nothing hard to define.
it is already defined which is $100 deposit.

That's only what you think, not the reality.

You still haven't answer my question, for example if you stay in a hotel and your kid damage an old TV in the room, the hotel want to charge you $500 what will you do? Can you refuse to pay the full amount and just pay the residue value of the TV say only $100? I don't think so...

I think the OP sign the agreement, that means he accept the risk/clause, there is very little chance he can win.

 

[hcy1234]

可我现在已经赔了，主要是想追回差额 如果上小额经济法庭应该可以胜诉吧

Maybe, but not worth the trouble in my opinion

 

[枫叶红棉]

I don't know what's wrong with all your people. Every industry is different. I speak from my experience working the bike rental industry. And you talk about cars, hotels, what the fuck?

You tell me, when you borrow a book from library, why don't they charge you deposit for losing the book?
You tell me, when you go on a bus, why don't they charge you deposit for damage the seat?

every industry is different,
I tell you, in bikeshop, we charge deposit which is > than the value of the bike because the risk of losing it is really high.

This guy is just use Chinese mind to writing in English, you hire some one to spruce up you house but just want to pay cost of the material and couple hours labor wages? As some one mention before, the purchased cost (labor) is hardly to calculate. It is not way you could win the lawsuit even you could pay hundreds fee and time for the court. Just take a lesson, that is it.