Education in the pit of contract

In education and training complaints, the problem is often encountered is that consumers ask for refund, and the operator will take out a form contract defense, and there are many unfair contents to consumers in the terms. Recently, the Ministry of education, in conjunction with the General Administration of market supervision, issued a report to increase the investigation and punishment of training institutions for exempting themselves from liability, increasing consumer responsibility and excluding consumers’ legal rights by using standard terms. Therefore, the protection of consumers’ rights and interests in education and training has aroused public concern again. < / P > < p > when consumers sign contracts with education and training institutions, training institutions often come up with dense format contracts. Especially with the rapid development of network platform, many institutions even sign standard terms contracts with consumers directly through the network. The so-called standard terms refer to the terms that the parties have drawn up in advance for repeated use and have not negotiated with the other party when signing the contract. According to the contract law of our country, if the standard terms are used to conclude a contract, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to draw the attention of the other party to the provisions that exempt or limit its liability, and explain the terms according to the requirements of the other party. A contract shall be invalid if one of the following situations occurs: one party enters into a contract by means of fraud or coercion to damage the interests of the state; malicious collusion damages the interests of the state, the collective or a third party; conceals illegal purposes in a legal form; damages public interests; and violates the mandatory provisions of laws and administrative regulations. If there is any exemption clause in the contract that causes personal injury to the other party, or property loss of the other party due to intentional or gross negligence, it is also invalid; or if the party providing the standard terms exempts the other party from liability, increases the other party’s liability, and excludes the other party’s main rights, the clause is also invalid. If there is a dispute between the parties on the understanding of the standard terms, it should be interpreted according to the usual understanding. If there are more than two interpretations of the standard terms, the interpretation unfavorable to the party providing the standard terms shall be made. If the standard terms are inconsistent with the non-standard terms, the non-standard terms shall be adopted. The law on the protection of consumers’ rights and interests in China also stipulates that business operators shall not make unfair and unreasonable provisions to consumers in the form of format contracts, notices, statements, shop notices, etc., or reduce or exempt their civil liability for damages to the legitimate rights and interests of consumers. It is specially proposed in the civil code to be implemented that if the party providing the standard terms fails to perform the obligation of prompt or explanation, resulting in the other party not paying attention to or understanding the terms with significant interest, the other party can claim that the clause does not become the content of the contract. It can be seen that if the education and training institutions violate the above-mentioned legal provisions and sign standard terms with consumers, consumers can require them to bear corresponding responsibilities according to the above legal provisions. According to the contract law, a party may terminate a contract under any of the following circumstances: the purpose of the contract cannot be realized due to force majeure; before the expiration of the time limit for performance, one of the parties explicitly indicates or indicates by its own conduct that it will not perform its main debts; if one party delays to perform its main debts, it still fails to perform them within a reasonable period after being urged to do so; and one party delays performance The purpose of the contract can not be realized due to debt or other breach of contract; other circumstances stipulated by law. After the termination of a contract, if the contract has not been performed, the performance shall be terminated; if the contract has been performed, the parties concerned may, according to the performance and the nature of the contract, demand restoration to the original state, take other remedial measures, and have the right to claim damages. < / P > < p > according to the above legal provisions, when their legitimate rights and interests are damaged, consumers can request to terminate the training contract or agreement of both parties in accordance with the law, and request to refund the corresponding fees. Mr. Xu signed a training contract with an education consulting company. The two sides agreed that the Japanese course has 6 levels and the tuition fee is 31800 yuan. This is a special contract approved by the operation director, and there is no refund or transfer. If the refund is caused by major force majeure, the students should bear the handling fee and penalty, accounting for 30% of the total contract price and deducting the development and Reform Commission’s provisions of the above level If the case price is less than the whole level, the whole level fee shall be deducted. After the contract was signed, Mr. Xu paid the training fee in accordance with the contract. Later, he could not continue to receive training after three classes due to work reasons. He repeatedly asked the education consulting company to terminate the contract and refund the unused tuition fees. He was rejected and both parties went to court. After hearing, the court held that the format clause on refund conditions in the training contract involved in the case obviously increased Mr. Xu’s responsibility, and confirmed that the clause was invalid. After the contract is terminated, the education consulting company shall refund the training fee according to the number of courses purchased and the number of classes. < / P > < p > when signing a contract, consumers usually do not read the terms of the contract carefully before signing. In these education and training contracts, it is often agreed that “no refund” or other restrictions on refund are provided, and consumers are not prompted in bold and black ways. This clause essentially excludes the main rights of consumers and the responsibility of education and training institutions. Without effective prompt, it can be regarded as invalid. < p > < p > Mr. Li signed a contract with an early childhood education institution to provide 106 courses in music, art and English for children. The agreement will expire on September 28, 2021, with a total cost of 17345 yuan. Unexpectedly, a month later, the early education organization sent it through customer service wechat, informing “the direct store is closed and the course is suspended.”. Mr. Li couldn’t get in touch with the early childhood education institutions and had to sue to the court. After hearing, the court held that the early education institutions indicated in an explicit way that they did not perform their main debts, and Mr. Li’s request to terminate the service agreement between the two parties had factual and legal basis. After the termination of both parties, the early education institutions should refund Mr. Li’s unused class fees. Prepaid consumption is a marketing mode commonly used by operators nowadays, that is, consumers pay certain fees to operators in advance before actual consumption, and then operators provide corresponding goods or services. In general, the operators enjoy a certain price preference to consumers in this way, but at the same time, consumers often bear greater risks. More than 90% of the disputes in education and training contracts involve prepayment. Most consumers are attracted by preferential information from education and training institutions, and a large amount of advance payments are paid in advance. Many times they are handed over through WeChat, Alipay and other channels, and training institutions do not provide regular invoices or contracts. There are also consumers in the payment of advance payment, encountered training institutions “run away” situation. This situation often involves a large number of people. If the circumstances are serious, the person in charge of the training institution may bear the corresponding criminal responsibility. According to the criminal law of our country, those who illegally absorb public deposits or take public deposits in disguise, thus disturbing the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined not less than 20000 yuan but not more than 200000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph. < p > < p > Ms. Wang signed an agreement with an art training institution to provide 70 art training courses for Ms. Wang’s son, including 10 free courses. The course is valid from December 3, 2017 to December 2, 2018, and the class fee is RMB 10500. The agreement also stipulates that “if the course cannot be continuously taught for more than 2 weeks due to special reasons, Party B shall apply for a” long leave “at the front desk of Party A and extend the validity of the course accordingly. If Party B applies for one or more long leave applications, the total extension period shall not exceed one fourth of the validity period of the course. If Party A cancels the agreement before the expiration date, it shall submit a written application to Party B. the refund shall meet the following conditions: the termination of the agreement shall be within the validity period of the course, and no refund shall be made for the unused class hours upon expiration of the validity period. ” In November 2019, the training institution was closed, and there were 46 classes left for Ms. Wang’s son, including 10 free lessons. Ms. Wang asked for the termination of the agreement and a refund of 7000 yuan for the class fee. Training institutions believe that Ms. Wang’s contract has exceeded the performance period, and has not applied for long leave, and the course extension period has also exceeded the agreed validity period, so they do not agree to refund. After hearing, the court held that the prepayment consumption is one-time payment and multiple performance, and the full performance of the contract has delay. According to the relevant commercial prepaid card management regulations, the registered card should not have a valid period, and the anonymous card should not be less than 3 years. Card issuing enterprises or card selling enterprises shall provide supporting services such as activation and card replacement for anonymous cards with capital balance beyond the validity period. In this case, the agreement signed by both parties conforms to the prepaid consumption mode of registered card, and the training institution shall refund the unused course fee of Ms. Wang. < / P > < p > many education and training institutions set the validity period of courses when they sign contracts with consumers, and they agree that both parties will complete the training within a certain period of time. However, consumers will often encounter various situations and fail to complete the training on schedule. At this time, some consumers will choose to extend the term through negotiation, and training institutions often promise to extend it orally. However, once there is a dispute, the training institution will defend by setting the validity period. Therefore, consumers should pay more attention to the validity period of the contract. Otherwise, when the dispute occurs, due to the specific circumstances of the case, consumers may also face the risk that they can not continue to perform the contract due to the expiration of the education and training period. < p > < p > Mr. Peng signed an agreement with an education consulting company that Party A should set up a national on-the-job postgraduate pre examination counseling class, and Party B should participate in Party A’s tutoring based on its trust in Party A’s teaching quality and its recognition of the counseling program. The college is a university, the major is public management. Party A shall charge 51800 yuan. If Party B fails to pass the examination according to the examination and study plan provided by Party A, Party A shall refund the fee. After taking the exam, Mr. Peng failed to enter the expected University. The education consulting company promised to adjust for him, but failed. Mr. Peng asked for a refund, and the company refused. After hearing, the court held that the legally established contract is legally binding on the parties. The parties shall perform their obligations in accordance with the contract and shall not alter or terminate the contract without authorization. In this case, the contract of both parties has clearly agreed that if Mr. Peng did not pass the postgraduate examination, the company should refund the fee to him. < / P > < p > in the education and training industry, “Baoguo” agreement is very popular with consumers. This kind of agreement is usually aimed at a certain examination, and training institutions promise to refund the training fee in full if they fail to pass the examination. However, consumers usually accept this “package” agreement with the psychology of “no loss, but they often ignore the qualifications of such education and training institutions, the additional refund conditions stipulated in the contract, etc. If consumers sign such contracts blindly, they will not only pay the cost of time and expensive training costs, but also may encounter the risk that training institutions refuse to refund the fees. Mr. Tan signed a contract with an English training institution, and the course fee was 46300 yuan. later