In a recent case in Shanghai, the court supported the client's request to terminate the private education contract and ordered the fitness center to refund the unfinished private education course fee of 8,325 yuan. However, can all cases be returned?
The answer is of course no. The reason why the court spent the litigant's claims in the above-mentioned cases is largely because the Private Education Agreement signed by both parties did not restrict or exclude the members' right to terminate the contract during the contract period, but only agreed on liquidated damages.
Then, under what circumstances can I get a refund? Look at the court's judgment on such cases.
0 1 Refund due to standard terms.
Many times, according to the service contract signed with the fitness center,
Once the private education course is sold, it will not be returned, etc., all of which are format terms.
; It is stipulated in the Agreement on Private Education
"The membership fee and the remaining class fee need not be refunded separately", so it is unreasonable to exempt yourself from responsibility.
According to the law, if the party providing the standard terms unreasonably exempts or lightens its responsibilities, aggravates the other party's responsibilities or restricts the other party's main rights, the terms are invalid.
Refund due to private education.
In some fitness service contracts,
Assign a specific personal trainer.
In this context, the performance of fitness service contract pays more attention to the personal experience and interactive effect of members, and emphasizes the cooperation and trust relationship between personal trainer and members, which has certain personal attributes.
Therefore, during the performance of the contract, if the appointed coach resigns, the court will support the member's request for refund.
Refund due to epidemic situation
because
The impact of the COVID-19 epidemic
Many members' fitness plans have been broken, which makes it impossible to complete private education courses within the agreed time limit. In this case, considering various factors, the court will generally order the fitness center to refund part of the class fee.
Reminder:
1 The private education service contract clearly stipulates the number of class hours, contract amount, start and end dates, etc. , is a contract with a termination period. Unless otherwise agreed by the parties, the creditor's rights and debts of this contract shall be terminated upon the expiration of the termination period.
However, the termination of the contract does not affect the validity of the contract liquidation clause, and the request of the prepayment party to ask the other party to return the unused course fees has not disappeared with the termination of the contract. During the performance of the contract, both parties can always terminate the contract through consultation, or exercise the agreed right of termination, and the observant party can exercise the legal right of termination. The breaching party may not exercise the legal right to terminate the contract, but in the case that the contract cannot be continued or the cost of compulsory performance is too high, it can be terminated by assuming the liability for breach of contract.
Although there is no agreement on the corresponding amount of relevant free class hours and preferential class hours, there is corresponding concern about the contract for consumers to purchase paid class hours. Therefore, when calculating the balance of unused class hours, free courses and preferential courses should be added to the total course to calculate the corresponding amount. The adjustment of liquidated damages should be comprehensively determined by considering the performance of the contract, the degree of fault of both parties and the interests of both parties.
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