Education and training these "overlord clauses" are invalid!Reminder of China Consumers Association

In recent years, education and training has been the "severe disaster area" of consumer complaints. In the first half of 2022, the National Consumers Association organized 20,223 complaints for training services, an increase of 18.05%year -on -year. Training services were third place in the service field. The main issues of consumer complaints are promised to refunds non -deductibles, many false publicity methods, and induces consumer loan fraud to obtain money.

According to the "Survey Report on Consumer Cognition and Clues" of the "Unfair Format Terms", the China Consumers Association invited the lawyers of the China Consumers Association Lawyer's lawyer to comment on the independent format clauses of the uniform format in the field of education and training in consumers. Come and see which are "Overlord Terms"!

01

Disclaimer exclusion or

Reduce its own responsibilities

"XX network schools are not guaranteed (including but not limited to): ... 2. Users to use any information downloaded or obtained through this service, their risks are borne by themselves; ..." If you see this passage, you must be vigilant.

Lawyer: The formulation of the exemption clause should follow the principle of fairness and pay attention to the protection of consumer rights. Regarding the exemption clauses, the relevant laws have clearly stipulated, especially for the case of providing format clauses that unreasonably exempt or reduce their responsibilities. The operator shall bear guarantee responsibilities for the goods or services it provides in accordance with the law. The content obtained by accepting education and training services shall comply with legal provisions, and this responsibility shall be borne by the operator. The format of the "risk" is a situation of excluding its own responsibilities and violations of the principle of peace, and it is invalid.

02

Delivery without one -time sex

But the contract agreement is deemed to be delivered

You may have seen such clauses: the recording and broadcasting courses on the XX class time. Once the course is sold permanent and effective, it supports unlimited number of playback and learning. You can choose time and place to log in to the app to learn. … After you log in to the app and match the purchase account account, you are deemed to be the delivery of all virtual courses for XX. Once the course is delivered, it will not be returned ...

Lawyer: As far as the previous situation is concerned, the delivery of the courseware shall be delivered as a whole, not a division of delivery, that is, when the operator completes all the courseware recording and transmits it to consumers, it can be regarded as the operator to complete the delivery obligation. Because the completion of the delivery means the transfer of risks, if the delivery of some courseware is considered as the completion of the delivery obligation, once the operator cannot continue to fulfill the delivery obligations, the risk of not delivering the courseware will be borne by consumers, so that consumers will spend spend All the prices were purchased for semi -finished courseware. The behavior of this risk passed on obviously violated the law, and its terms were suspected of being invalid due to aggravating consumer responsibilities.

03

Do not allow a refund for consumers for personal reasons

In addition, there are such clauses: Party A shall not ask Party B to ask Party B: Including but not limited to the following refund behavior caused by Party A's personal reasons. Party A judges the teaching level, teaching management and arrangements of teachers from personal subjective perspectives; those who cannot continue to enjoy curriculum services due to personal time arrangements; due to personal physical conditions, they cannot continue to enjoy curriculum services ...

Lawyer: The operator is not allowed to refund the fees or the consumer bear the losses of the remaining costs due to personal reasons or the losses of losses of the remaining courses. It is obvious that there is a principle of violation of fair transactions. Related clauses are suspected of constituting invalid.

04

Application for replacement class requires consumers

Give up the right to terminate the agreement and the right to apply for refund

If you want to apply for a class type during training, you may encounter such clauses: Party A has the right to apply to Party B for replacement of the class before the service period (except for the extension service period). After replacing the class, Party A voluntarily abandoned the right to terminate and apply for refunds in this agreement.

Lawyer: As far as the class is concerned, the operator can be replaced with consumer consultation, or the operator can also set up and reasonable conditions related to the replacement of the class. However, the operator's right to replace the class and eliminate the right to cancel the refund of consumers, which obviously constitutes an unreasonable restriction on consumer rights, and also aggravates consumer responsibilities. It is obviously not legitimacy.

05

Unless you encounter irresponsibility

Otherwise, the refund will not be allowed to exceed the deadline

"Difficulty in training" has always been a hot spot for complaints. If you see such clauses, we must pay attention to: Party A shall not apply for a refund after 7 days after the start of the class. However, except for the failure of force majeure, the training cannot continue. At this time, Party A must provide relevant certification materials and shall be applied for a refunds before Party B shall be reviewed and confirmed. (A) Without 16 lessons (including 16 lessons), the cost of 16 lessons is deducted, and the rest will be refunded. (B) In the case of more than 16, the cost of deducting the actual class, the rest will be refunded.

Lawyer: For the over -date refund, it obviously exceeds the loss that the consumer foresees or it should be expected due to the loss of the refund when the consumer is concluded. The exercise of consumers' right to refund, this clause is obviously not reasonable, which is a case of restricting and excluding consumer rights.

06

Improved calculation method

Not calculated at the actual price

When you retire, you may encounter such clauses: the total price of this curriculum agreement is a discount, the original price is 38640 yuan, 483 yuan/class hours (hereinafter referred to as the original price of the course).If the refund has caused less than 32 hours after the refund, Party A will lose the preferential rights and interests. The refund shall be deducted in accordance with the original price of this course after the cost of this course.Lawyer: From the perspective of fair principles, preferential prices are more in line with the true value of the course, and it is also a de facto transaction price. The refund should be carried out in accordance with the actual transaction price.According to the nature of the original price refund, as the nature of the "non -refund" clause, it belongs to "exempting its responsibilities, aggravating the other party's responsibilities, excluding the other's main rights" and "excluding or restricting consumer rights, reducing or exempting operators' responsibilities, and exempting the responsibilities of operators, and the responsibility of the operator, and the responsibility of the operator, and the responsibility of the operator, and the responsibility of the operator,, the responsibilities of the operator, and the responsibility of the operator,,Increase consumer responsibilities such as unfairness and unreasonable "clauses.

Source: China News Network

- END -