Rental expenses refer to all cash outflows of enterprises and individuals for renting equipment. Including rent, equipment installation and debugging fees, interest, handling fees, maintenance fees, insurance fees, guarantee fees, symbolic purchase fees, etc.
The financial leasing fee refers to the fee charged by the lessor to the lessee in the name of handling relevant procedures when providing financial leasing services to the lessee. In addition to the handling fee, more and more financial leasing companies charge the lessee this fee in various names such as service fee, consulting service fee, consulting fee, financial consulting fee and management fee. In many cases of financial leasing disputes, the lessee claims to return the handling fee or ask for deducting the handling fee from the rent, which has become one of the controversial points of the case.
1. Cases in which the court supports financial leasing fees and other related expenses.
1) The handling fee agreed in the financial lease contract is the lessor's charging basis.
Referee's main points: The financial lease contract is legal and valid, and it is clearly stipulated that the lessee shall pay the lessor the handling fee and other related expenses, and the lessor shall collect the handling fee according to law.
Case index: Beijing Higher People's Court (20 16)No.13, Chin lung Hu, Zhang Hongbo, etc. Second-instance civil judgment against Beijing State-owned Financial Leasing Co., Ltd.
Court view: Item 4 of Article 7 of the Financial Leasing Contract clearly stipulates that Chinese and Australian companies should pay leasing fees to state-owned companies. Once the rental fee is collected, it will not be refunded under any circumstances. Therefore, there is a contractual basis for state-owned companies to charge rental fees. In the case that the financial lease contract is recognized as legal and valid, Feida's claim for deducting the lease fee has no legal basis, and our court does not support it.