For some reason, a class did not want to refund the fee to deduct 20%of the liquidated damages reporters twice to coordinate the full refund of the merchant

□ Chutian Metropolis Daily Journalist Liu Dongli intern Chen Yihan

After buying a dance course, before he had time to go to class, he was diagnosed with a beaconbone dislocation due to physical reasons and could not exercise violently. However, the dance training institution was deducted from 20%of the penalty for refunding the refund on the grounds of "contract agreement".

This makes Ms. Wang, the citizen of Wuhan City that it is unacceptable: if he did not take a class at a time, he had to deduct a few hundred yuan. Is it a Tyrannosaurus clause? In desperation, Ms. Wang dialed the Jimu News Hotline for help.

After the coordination of Jiyu Journalists and relevant agencies, the merchants agreed to refund the full amount.

20%of the handling fee for not opening a class should be deducted

On April 11, Ms. Wang, 22, purchased 100 adult dance courses on the 6th floor of Xingcheng, Xudong Street, Wuchang District. Since she has not ended in other institutions and the course, she intends to come here for class after a while.

After the mediation, the merchant (second from the right) signed the "Complaint Mediation" intern Chen Yihan

On July 12, Ms. Wang went to the People's Hospital of Wuhan University due to the pain of the right knee joint pain. "The doctor said that the bone structure is currently loose, and there is no surgical treatment for the time being, but I particularly told me not to participate in dancing, cycling and other campaigns. Once they exercise violently, it may lead to dislocation." On September 7, Ms. Wang told Jimu Journalists that Ji Mu journalist, She considers her physical reasons and applied for a refund to the city's dance. At the beginning, the agency rejected her application on the grounds that "special cards did not retire" and asked her to transfer to others through the way of transfer. But Ms. Wang hung the card on a social platform for many days, but no one asked.

On July 20, Ms. Wang commissioned friends to go to the agency to negotiate again. On the afternoon of the next day, the customer service staff sent a WeChat message to Ms. Wang that the company had agreed to apply for a refund for it, but according to the contract, 20%of the penalties were deducted. This made Ms. Wang unacceptable: "I didn't take a class at a time. Why should I deduct hundreds of dollars in liquidated damages?" She made it clear that she did not agree with the refund plan proposed by the other party.

After coordinating the merchant's full refund

According to the "Member Agreement" provided by Ms. Wang, Jimu Journalists saw that the total cost of the 100 courses purchased by Ms. Wang was 3288 yuan. The remarks column is "there are two opportunities to stop cards, a maximum stop for 3 months." In addition, there is a handwritten word "not retreating, not looking for zero".

In its format clause, the first "refund fee management" shows: "Members are terminated or terminated by membership agreement due to personal reasons. The type of product service calculates the refundable amount respectively. "

On the afternoon of September 8th, accompanied by the staff of the Jijiazhuang Institute of the Wuchang District Market Supervision Bureau, Ms. Wang came to the agency on the 6th floor of the Xingcheng City to negotiate a refund. A staff member said that after the application, the company's leaders agreed to deduct only Ms. Wang 10%of the penalty. If Ms. Wang agreed, she could sign a refund agreement on the spot.

However, Ms. Wang believes that part of the terms issued by the "Member Agreement" issued by the agency are suspected of overlord clauses, and it is not reasonable to charge liquidated damages. The two sides were deadlocked, and Ms. Wang had to leave first.

Dai Shengyi, a special legal adviser to the Consumer Council of Hubei Province and a professor at the School of Law School of Zhongnan University of Finance and Economics and Law, believes that Ms. Wang found out that the leg bone was dislocated in the hospital and was not suitable for dancing. It was an objective reason. Essence The operators have attached unfair and unreasonable conditions to consumers' rights to terminate the contract through unfair format clauses. They are suspected of overlord clauses and should be invalid.

At about 3 pm on September 15th, Xujiazhuang, the market supervision bureau of Wuchang District, once again organized mediation. Ms. Wang could not attend the scene due to personal reasons. At the mediation site, the merchant signed the "Complaint Mediation" on the spot, promising to refund the refund within 30 working days after the "Refathering Agreement", totaling 3288 yuan.

The personnel of the Market Supervision Bureau affirmed the behavior of the merchants actively participating in the mediation and understanding consumer demands, and invited the Xujiazhu Market Supervision Institute to invite lawyers Jin Wenjun to explain relevant legal knowledge to him. Attorney Jin Wenjun believes that consumers have a physical health problem after signing a contract, which is indeed an unpredictable objective reason when signing the contract. Consumers have not yet attended and activated membership cards, and have not enjoyed services, they should enjoy the right to refund. On the other hand, merchants have not proved to prove that consumers have losses the contract due to consumer requirements, and should not be required to pay liquidated damages. "Based on the above reasons, consumers require a certain rationality of full refund."

The Hubei Daily client, paying attention to the major events of Hubei and the world, not only pushing the authoritative policies for users, fresh hot information, and practical convenience information, but also launched a series of characteristics such as reading newspapers, newspapers, learning, online interactives.

- END -