Nanning's childcare institution is closed and recommended children to other childcare institutions; lawyers remind--

Recently, Nanning's Australian Happiness House Trusted Center (hereinafter referred to as "Australian Treasure") suddenly closed in Nanning's New Village Community in Forestry New Village in Nanning. Dozens of children were transferred to the nursery recommended by Aobao. Some parents believe that Aobao's move has not obtained the consent of the parents. They did not agree to transfer their children to the nursery recommended by Aobao to request a full return of the less -expired class hours. The lawyer believes that Aobao's move constitutes a breach of contract and shall bear the corresponding responsibilities.

Parents' childcare institutions are closed and required to be refunded.

On July 30, a reporter from the South China Morning Post came to the Forestry New Village Community. I saw that the gate of Australia was closed, and there was no one in it. The signboard standing on the top of the building was still there, but the air -conditioning machine has been demolished.

The door of Aobao Happiness House Task Center was closed. Photo by Lu Yan, a reporter from the South China Morning Post

Ms. Wei told reporters that her grandchildren went to school in Aobao. In August 2020, she paid more than 34,500 yuan a year and signed an agreement with Aobao. In the meantime, because of the child's illness, he was negotiated with Australian treasure.

Like Ms. Wei, at the end of September last year, Ms. Huang paid a fee of 28,800 yuan to Ao Treasure at one time, and there was no class hours. Ms. Huang said that on July 19 this year, Ao Bao telephone notified parents that they would transfer their children to another childcare institution. Subsequently, a letter was sent to the parents.

The reporter saw that the letter said that due to the lease of Aobao's venue leased on July 21, all teachers and children will transfer to another childcare institution in the community to continue the childcare. class.

On July 21, dozens of children were transferred to the nursery recommended by Aobao. During the interview, several parents said that Australian Treasure did not have the obligation to inform in advance. They were unwilling to transfer their children to a new institution and asked Ao Ba to return the lesson hours of the lesson.

After negotiation, on July 29, Aobao agreed to return 50%of the unprepared class fee. Parents believe that Australian treasure breach of contract should be refunded in full.

Aoyao has fulfilled the obligation to withdraw half of the cost

On July 31, Australian President Cao told reporters that because the landlord wanted to recover the venue of Aobao's rent and losses in operation, he closed the nursery center. The closure of Aobao is a force majeure factor and is not intentional breach of contract. The child's childcare institution and Australian treasure belong to the nature of cooperation with Australia.

Director Cao said that on July 13th and 15th, Aobao convened parents to open a parent class twice. On the 15th, the parents were informed that the parents were going to transfer their children to other education institutions. At that time, more than 20 parents participated, and only a small number of parents did not participate. On the 18th, Aobao notified each parent through telephone and interviews, and sent a letter to the parents at the same time. Director Cao believes that Aoyao has fulfilled his obligation.

As for why only 50%of the course hours fees, Cao Director explained that the relevant departments did not have a clear standard for the issue of how much refund. On the basis of complying with the agreement, Ao Treasure comprehensively referred to the relevant documents of multiple management departments. In accordance with the conventional refund, we generally only refund the fees, but considering the demands of parents, they have made concessions and can be refunded by 50%as appropriate. If parents think that it is unreasonable, it can be solved through legal channels.

Lawyers' unilateral change of contracts should be liable for breach of contract

Lawyer Yang Jianbao of the Shanren Law Firm from Guangxi believes that children enter the nursery institution, and parents and childcare institutions have established a service contract relationship. They are constrained by the relevant provisions of the Civil Code and the provisions of the service contract signed between the two parties. For example, if the childcare institution does not agree with the consent of the parent, the service content, location and service contract agreement constitutes a fundamental breach of contract. The parent's party can terminate the contract in accordance with the terms of the contract and the law. Bersed liability for breach of contract and losses caused by this.

Zhao Mingtang, a public welfare lawyer of the South State, said that there is a contractual relationship between parents and childcare institutions. The nursery institutions can entrust third parties to continue their obligations when they cannot complete their contractual obligations. It is impossible to rule out your contract obligation and liability for breach of contract.

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