Discussion On The Nature And Liability Of Non-prepaid Membership Card Contract

With the development of market economy and the change of social productionand business operation mode, the business model of membership card was created,then it developed and popularized rapidly. The complexity and diversity of businessmanagement mode make the membership card of the economy area shows a lot ofdiversity, from its external form to content, from its main function to issuing method.The non-prepaid membership card is relative with the prepaid membership card,consumers needn’t to pay the price or fees of the subsequent consumption when theyget the cards. Consumers get the cards in order to have the entry qualification ofconsuming in the enterprise who issued the cards or to get the discount the enterprisepromised to give, but the enterprises issue the cards in order to provide qualityservices to its target consumer groups or to achieve the effect of sales promotionthrough giving certain benefits. Therefore, this article will divide the non-prepaidmembership cards into two categories, the accessible and the preferential, thenresearch and discusses their legal relationships.The prepaid card type contract meanshairpin card business and the legal relationships between members, in the field ofconsumption，lots of disputes exist and growing from issuing cards and the consumingwith them. The first premise of solving the disputes is to clear the nature of legalrelationship between both parties, and the rights, obligations and the liability formunder the legal nature. This paper will analyze the nature and liability of theaccessible non-prepaid membership cards and the preferential non-prepaidmembership cards respectively, to provide theoretical support for solving thenon-prepaid card disputes existed in the practice, and to provide practical materialsupport for the relevant theory of civil law.