Can I pay a refund for the class hours presented by consumers?

In the summer vacation, various training institutions are in full swing. With the implementation of the "dual reduction" policy, some training institutions unilaterally suspended their business and default. In addition to the normal class retreat, can the gift -off fee be included in the class? In addition, if the prepaid consumption fields such as fitness, beauty, and hairdressing, can the premium hours or number of times be included in the refund if the institution is suspended?

Today, the reporter takes you to see a typical case of the trial of the High -tech Court.

*Case introduction

In June 2021, Wang Moumou purchased 68 lessons for his son in a Sichuan Education Company and a counseling course with an English and mathematical one -to -one counseling course with a total price of 260 yuan for a total price of 17680 yuan. Promise to give Wang Moumou 10 hours. The two parties signed a gift agreement, agreed that the gift agreement was taken after the course of the education counseling agreement before the class.

On September 16 of that year, the education company suddenly announced that it had difficulty in operating difficulties and said it was unable to refund the fee. As of the closure day, Wang Moumou's son had taken 17.5 lessons, and there were still 60.5 hours (the courses were calculated inside) without consumption, and the total amount was 13,713 yuan.

Since then, Wang Moumou has repeatedly negotiated with the company's refunds, and then sued the High -tech Court to lift the agreement and refund the remaining tuition fee of 13,713 yuan and pay interest.

*Court trial

The High -tech Court tried that the educational and training agreement signed by the original and defendants was legally valid and effective, and both parties should fully fulfill their contract obligations in accordance with the contract. The unilateral stop operation of the education company has caused the purpose of the contract to be unable to achieve, constituting a fundamental default, and in line with the legal lifting conditions. Therefore, Wang Moumou has the right to terminate the contract that has not yet fulfilled.

After the contract was lifted, it has not yet been fulfilled and the performance is terminated. If the contract is canceled due to one party's breach of contract, the lift authority may request the breach of the contract to bear the liability for breach of contract. Therefore, the education company should refund the remaining tuition fees from Wang and compensate for the delayed refund fee.

In addition, the premise of similar agreed applications such as "Gift Agreement after the Class" is to accept the training of the training party. In order to promote the core values ​​of honesty and trustworthiness, when the education and training institutions are unilaterally defaulting to the contract, the gift should be included in the refund. The court ruled that the agreement signed by the two parties, the amount of the education company returned the remaining tuition fee to Wang Moumou was 13,713 yuan and paid interest.

After the sentence recently, both parties have not appealed. The verdict has been legal effect.

*Judge said

With the implementation of the "dual reduction" policy, the phenomenon of suspension of education and training institutions has occurred from time to time. Relevant disputes have exploded, and parents have encountered "difficulty in refund". Regarding whether the gifts should be included in the refunds, there are different opinions in practice.

The judge stated that similar terms such as "gifts or refunds" in this case are generally a format provided by the training institution. If the training institution fails to fulfill the prompt or explain the obligations, so that the parents can not pay attention or understand it, the parent may be based on the "Civil Law Law The provisions of Article 496, paragraph 266, claim that the clause does not become the content of the contract. Even if the training institution fulfills the prompts or explanation obligations, in terms of understanding, in accordance with the provisions of Article 498 of the Civil Code, it shall make an explanation that is not conducive to the provision of the format clause, that is, the prerequisite for the application of this clause shall be limited to receiving training training One party breach of contract. When the contract is terminated due to the unilateral breach of contract, the gift should be included in the refund. The rules of the referee are typical of the proper resolving disputes in the religion and training industry and effectively safeguarding the legitimate rights and interests of consumers. It also has reference value for similar refund disputes in the prepaid consumption fields such as fitness, beauty, and hairdressing.

Chengdu Daily Jinguan News reporter Chen Di Editor He Qixie Editor Liu Yonghao

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