Have you ever been “routine” in out of school education and training? Six problems exposed by China Consumer Association

Running away, difficult to refund, no qualification for running a school, failing to perform the contract It has been reported from time to time that the disorder of out of school education and training has occurred. On the 28th, the Chinese Consumer Association released six complaints about off campus education and training, including serious false publicity, deliberate concealment of school qualifications and enrollment conditions, uneven training quality, and unfair format terms hidden in the contract. Novel coronavirus pneumonia, which was released on the 28 th of 2020, was released by the China Association for consumers’ Association on the third quarter of the year of the third quarter. The National Consumer Association’s complaint handling situation showed that in 2020, due to the new crown pneumonia epidemic situation, it was affected by normal work and classes. Many consumers took advantage of the time of home separation to choose their own occupation ability through online courses, such as enrolling Fire Engineers, nutrition health teachers and psychological counselors. , accountant and other professional qualification examination training. Parents are worried about their children’s delay in learning at home and have signed up for many online courses for their children, such as language training, early education, art courses, etc. The Chinese Consumer Association pointed out that with the growth of consumption, consumption disputes in the off campus education and training industry also showed different characteristics, and sorted out six major problems reflected in consumer complaints. The Chinese Consumer Association pointed out that the problem of false publicity has always been a serious disaster area for training institutions to complain. The first is that training institutions exaggerate the effect or achievements of publicity and training; the second is that training institutions exaggerate the strength of teachers; the third is that the actual training learning mode is not in line with the publicity; the fourth is that the actual teaching quality is far from the quality of experience class and audition course. < p > < p > China Consumer Association reminds: the common publicity of education and training institutions includes: “pass rate 100%”, “rapid and substantial increase”, “front-line famous teachers”, “proposition person teaching”, “outsourcing”, “teaching package meeting”. Such publicity is suspected of violating Article 24, “education and training advertisements shall not contain the following contents: making explicit or implied guarantee commitment to entering a higher school, passing an examination, obtaining a degree or qualification certificate, or making an express or implied guarantee for the effect of education or training; it shall express or imply that there are relevant examination institutions or their staff members and examination examiners participating in the education and training; Use the names or images of scientific research institutions, academic institutions, educational institutions, trade associations, professionals and beneficiaries for recommendation and certification. “. < p > < p > some education and training institutions are not qualified but pretend to be qualified institutions. There are certain conditions for the examination of some vocational qualification certificates. For example, only those who have a college degree or above or have certain relevant work experience can be qualified for the examination. However, in order to sell courses, the operators of education and training institutions conceal the conditions and induce uninformed consumers to pay fees. Even after some consumers raise doubts, they promise to help consumers forge their academic qualifications. The Chinese Consumer Association reminds: according to the provisions of Article 12, “the establishment of private schools that implement academic education, pre-school education, self-study examination and other cultural education shall be examined and approved by the education administrative department of the people’s government at or above the county level in accordance with the limits of authority prescribed by the state; for private schools that carry out vocational qualification training and vocational skill training focusing on vocational skills, they shall be subject to the approval of the education administrative department of the people’s government at or above the county level The administrative department of human resources and social security of the people’s Government shall examine and approve in accordance with the limits of authority prescribed by the state, and send a copy to the education administrative department at the same level for the record. “. < p > < p > according to the relevant provisions of enterprise registration, the business scope on the business license belongs to the items restricted by laws and administrative regulations, which must be approved according to law before registration. According to the China Consumer Association, the training industry has low market access threshold, operators’ management level is different, the teaching staff is different, and the training quality is uneven, which not only seriously affects the service quality, but also damages the legitimate rights and interests of consumers and causes consumer complaints. China Consumer Association reminds: operators should be responsible for the quality of goods and services they provide. According to Article 23, “business operators shall guarantee the quality, performance, use and term of validity of the goods or services provided by them under the normal use of commodities or services.”. In order to protect the legitimate rights and interests of consumers, consumers and operators should make clear agreements on the relevant contents related to service quality, and fix them in the form of contract, so as to facilitate disputes and rights protection in the later stage. < / P > < p > some education and training institutions make use of consumers’ weak awareness of contract, and do some tricks in contract signing: first, they do not sign formal contracts with consumers; second, sales personnel sign contracts on behalf of consumers or use the network to acquiesce in the contents of agreements; third, they do not significantly remind consumers to pay attention to standard terms. In addition, some educational institutions do not perform the contract or modify the terms of the contract without authorization. < / P > < p > China Consumer Association reminds: the common unfair format terms in the contract are: “the company reserves the right of final interpretation”, “once the agreement is signed, there will be no refund”, “all courses will automatically end after the expiration of the course, the unfinished courses will be automatically cancelled, and any form of refund will not be accepted.” “after the signing of the contract, no matter whether the course starts or not, no reason will be accepted The refund request, no responsibility for any safety accident during the training period, etc. < p > < p > Article 26 stipulates that “if a business operator uses standard terms in business activities, it shall prominently remind consumers to pay attention to the quantity and quality of goods or services, price or fee, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other contents that have a significant interest with consumers, and in accordance with the consumer’s A description is required. Business operators shall not, by means of standard terms, notices, statements and shop notices, make unfair and unreasonable provisions on consumers, such as excluding or limiting consumers’ rights, reducing or exempting operators’ responsibilities, and increasing consumers’ responsibilities, etc., and shall not use standard terms and resort to technical means to force transactions. If the standard terms, notices, statements, shop notices, etc. contain the contents listed in the preceding paragraph, their contents shall be invalid. “. Articles 39, 40 and 41 have also made relevant provisions. < p > < p > when signing a contract with a training institution, consumers should carefully check the terms of the agreement to clarify the scope of training, fees, refund procedures, teachers, training time, training place, liability for breach of contract, etc. After the agreement is signed between consumers and business operators, it will have legal effect. Neither party can change or terminate the agreement without authorization. < / P > < p > according to the China Consumer Association, training courses are generally long-term and expensive. In order to save costs, consumers usually pay for several months or even years. Some consumers will use installment payment to relieve their pressure, but if they don’t pay attention, they may fall into the “routine loan”. Some consumers transfer money privately with the salesmen of training institutions for convenience, which is very risky. In addition, in recent years, the phenomenon of training institutions closing down and running away has occurred from time to time, resulting in great property losses to consumers. Some consumers because of the training loan, on the one hand can not receive training services, on the other hand, they have to continue to repay the loan. < p > < p > China Consumer Association reminds: Regulations: strictly implement the national regulations on financial and asset management, the charging period and teaching arrangement should be coordinated, and the fees with time span of more than 3 months shall not be charged at one time. When choosing education and training institutions, consumers should try to choose short-term payment method to avoid large one-time investment. It is suggested that consumers should not choose credit products such as “training loan”. < / P > < p > according to the China Consumer Association, firstly, during the epidemic period, some offline services could not be gathered, which did not meet the expectations of consumers, causing complaints; secondly, during the epidemic period, some training stores could not operate normally and could not be converted to online courses, and consumers asked for a refund, but they were charged part of the penalty; thirdly, some training institutions closed down, and it was difficult for consumers to refund; fourthly, during the epidemic, some training institutions were closed down and it was difficult for consumers to refund their money Consumers apply for refund due to job changes and financial difficulties, and operators refuse to refund for various reasons. < / P > < p > the Chinese Consumer Association reminds: it is stipulated that the offline training contract concluded by the parties can not be conducted under the influence of epidemic situation or epidemic prevention and control measures, and the purpose of the contract can be achieved through online training, changing the training period, etc., and the people’s court will not support the termination of the training party; the party concerned requests online training, changing the training period, and adjusting the training If the contract continues to be performed by means of expenses, the people’s court shall, in light of the actual situation of the case and in accordance with the principle of fairness, change the contract. < / P > < p > affected by the epidemic situation or epidemic prevention and control measures, if the offline training cannot be carried out, the purpose of the contract cannot be achieved through online training, or the actual situation of the case indicates that online training is not suitable, and the receiving party requests to terminate the contract, the people’s court shall support it. The people’s court shall support the training contract with time limit requirements, if the purpose of the contract cannot be realized by changing the training period, and the training party requests to terminate the contract. After the termination of the training contract, the training fees already paid in advance shall be returned in whole or in part according to the training hours, etc. Focus