On September 23rd, Yang, the outgoing coach, pulled his students in Oxygen Fort into a WeChat group. Yang announced in the group that he had left the oxygen fort.
"Can the rest of the class be retired there?" Students who haven't finished private lessons ask questions in the group.
On the afternoon of the same day 10, Yang replied in the group and attached the electronic terms. He said that students who can accept electronic terms can find him to sign the electronic contract where the terms are located, and then refund according to the algorithm given in this clause. According to the terms, members are required to bear a penalty equivalent to 30% of the residual value of private education courses. If a member enjoys a preferential price when purchasing, a refund will be calculated at the original price of 360/ section.
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▲ Electronic nouns given by Yang
Yang Kexin, 18, majoring in interpretation in Zhejiang, is a member of the group chat. She called the refund algorithm in the clause "overlord calculation formula". Before purchasing Oxygen Fitness Castle, Yang Kexin bought 23 private boxing classes at the unit price of 300 yuan, and paid 6900 yuan for the remaining 20 classes. According to the electronic terms, Yang Kexin can finally get a refund of 4074 yuan. Compared with full refund, this algorithm will make her lose 1926 yuan.
Wechat user "Ye gb" posted a screenshot of a chat with Li Dongsheng, the regional manager in charge of the media store and other branches of Oxygen Friends Fort: at first, 46 private lessons were bought at the unit price of 260 yuan, and after 33 lessons, the "residual value" of the course was 80 yuan. According to Li Dongsheng's algorithm, "Ye gb" can get the refund of the remaining 22 classes of 56 private education courses 1904 yuan.
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▲ "Ye gb" and Li Dongsheng's chat screenshot
On September 26th, more than a dozen students, including Yang Kexin, went to Auschwitz Media Store to discuss the refund with coach manager Liu Qingcai. Describing the scene at that time, Yang Kexin said: "No matter what you say, he will play the fool and insist on deducting liquidated damages. Of course, we will not accept it." If negotiation fails, the participants will contact Li Dongsheng, the regional manager, and the two parties will arrange an interview on the evening of September 30th.
Yang Kexin's appeal is to refund the full cost of the remaining courses. She believes that she has not breached the contract as a consumer. "Because of the changes inside the gym, my original demands can't be met. It should be a gym default. Even if it is not a gym default, at least a full refund is required. "
Bu Yuyao of Zhechuan 19 news class is also a student of Yang. After learning that all the coaches in the Oxygen Fitness Fort had left, she told her good friend Don.
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▲ Information about Bu Yuyao's private education courses.
From 2065438 to February 2009, after Tang went through the private education course given by Ka and completed the physical fitness test arranged by the gym, the coach persuaded her to sign up for her own private education course on the grounds of high body fat rate, potential fatty liver and poor figure. Tang refused, saying that he could pay the down payment from 260 yuan to maintain the preferential price. "I kept talking and talking," Don recalled. "There is a feeling of driving ducks to the shelves."
Finally, Tang paid a deposit to his personal Alipay account, and the two sides agreed to start classes in September of that year. 19, 1, Tang paid the balance 1040 yuan, and bought five private education courses at the unit price of 260 yuan. According to the coach's arrangement, Tang needs to complete 15 classes to achieve better fitness effect. Due to economic pressure, she was worried that the coach would ask for the rest of the 10 class after the class started, so she didn't start the class.
In May 2020, due to the weight gain during the epidemic, Tang planned to pay the final payment and start classes immediately after returning to school. However, at that time, the school's prevention and control measures were strict, and students were not allowed to enter and leave the school frequently. Don had no choice but to shelve his plans for class.
After learning that all the coaches had left, Tang contacted his coaches. Hao Chen told her that if she didn't want to follow the new coach, she could go to the front desk of the gym and ask about the arrangement.
Liu Qingcai, the coach manager of the gym, gave her the answer: Since these two payments were in February and September of 20 19, the course has passed the validity period of one year, which is invalid under normal circumstances, but you can continue the course through application.
Tang questioned that due to the epidemic, the school was closed last semester and did not have the conditions for class. In the communication with the coach, the coach did not mention that the course is only valid for one year. Later, coach Hao Chen confirmed this. Regarding Tang's request for a full refund, he said that he would reflect it to the company's finances.
Mediation is fruitless
Due to the delay in getting a positive answer, Tang called the 12345 citizen service hotline on September 22 to reflect the situation. On the 29th, Li Dongsheng, regional manager of Tanghe Oxygen Fitness Center, went to the Poplar Market Supervision Office for mediation under the organization of Qiantang New District Management Committee.
In the process of mediation, Li Dongsheng made concessions. He suggested that Tang could refund 80% on condition that Tang could keep secrets from other members. "You are only allowed to know about giving you an 80% refund, otherwise you can only get a 70% refund."
Li Dongsheng said that in a city like Hangzhou, it is difficult for gyms to survive in the epidemic, and the coaches left voluntarily. "To tell the truth, every departing coach is urging his members to quit classes. Now I know that 20 people will drop out of school. If you want to be used as a gun by others, we will follow the normal process. If you don't want to accept it, you can sue and we accept such a lawsuit. " The solution he gave was to apply for an 80% refund from the company. "If you really can't accept it, you can keep your choice."
After several arguments, mediation reached an impasse. The staff in charge of mediation said that they can only mediate consumer disputes, and only when they have mastered the illegal evidence of the gym can they take other measures. Tang believes that the attitude of the staff is obviously biased towards Li Dongsheng. When she refused to accept the secret, the staff said, "If you don't keep it secret, there are so many customers like you in the gym. What if everyone comes for a refund? "
Both sides refused to give in. Tang thought that mediation alone could not solve the problem, so he dialed 1 10. The police who answered the phone knew that Tang was being mediated by the market supervision office and said that the matter was not within their jurisdiction. "Do you think the police can solve anything?" The other party hung up on the phone.
Tang Lan said that at that time, I didn't know who to turn to for help. "Save money, save money for fitness. Now the trusted coach wants to get his class fee back after leaving his job, but it will cost hundreds less. A poor student wants to change his appearance and pursue a healthy life. This is not wrong, but it has caused this unpleasant situation. " She described the mood at that time, "I can't be angry, I have a heart that wants to die."
Finally, Tang promised to refund 80% on the spot, asked the gym to delete all his personal information, and promised not to harass himself again. If the gym can delete the information, it can also be kept secret. The two sides reached an agreement on this point.
In the process of signing the conciliation statement, Li Dongsheng found that Tang's mobile phone was being recorded, and immediately regretted his decision to refund 80%. If mediation fails, Li Dongsheng got up and left, and said to Tang, "If there is anything, please call me at the front desk of the gym. If you want to sue me, you can accompany me at any time."
"I believe that the market supervision bureau is also a very fair platform for us, because they support my statement." Referring to the mediation with Tang in market supervision, Li Dongsheng told me: "She was crying all the time, which was very strange. She didn't come with a problem-solving attitude at all. "
Li Dongsheng recalled that the staff of the Market Supervision Bureau suggested that both sides should take a step back, so they applied to their boss, hoping to return 80% to Tang Lan, but Tang Lan still refused. "And I also recorded the whole process, which made me feel disrespectful to me, so I broke up in a bad mood."
Tang said that it was difficult for him to accept Li Dongsheng's attitude in mediation. She thought it was a concession not to pursue the other party's breach of contract, and later she made a concession of 10%, but the other party didn't actually make any concession, so there was no reason to ask her.
"I am angry and hate. I am so angry that I can't stand up at all. " After Li Dongsheng left, the staff of the market supervision office also left, leaving Tang alone in the mediation room. Feeling helpless, she cried and called her lawyer friend in Hangzhou to tell the story. A friend reminded her to keep the evidence and not to delete the relevant evidence information impulsively.
Holding a group to defend rights
During the mediation of the Market Supervision Office on the 29th, Tang got an important message from Li Dongsheng: other members who asked to drop out of school formed a WeChat rights protection group of about 40 people. After returning to school that day, Bu Yuyao, one of the group owners, told Tang that the group chat had been dissolved, but before the dissolution, some students in the group had planned to go to the gym to meet the regional manager Li Dongsheng at 7 pm on September 30th.
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▲ On the morning of September 27th, the group chat was dissolved.
The next day, Tang arrived at the gym downstairs on time. After the four members arrived one after another, Li Dongsheng suggested that the students talk in the cubicle one by one. He explained: "The contract is signed with you one by one. Everyone's situation is different, you can't represent others. "
After the deadlock, the students compromised and went in alone to negotiate with Li Dongsheng. Forty minutes have passed and the first person hasn't come out yet. It is close to nine o'clock in the evening. Tang thought that the other party was obviously stalling, so he knocked on the door to urge. Li Dongsheng stressed that we can only talk about them one by one.
"Will you give me an answer today?" Li Dongsheng was silent. Tang patted the table and stressed, "I said, will you give an answer today?" Do you want to talk to me, my lawyer or us? " "I don't mind you taking legal proceedings to sue me." Li Dongsheng said.
Yang Kexin also attended the interview that day. She told me: "When we talked together, the manager still evaded responsibility and basically refused to communicate. In the face of our questions and doubts, he didn't give a positive answer, let alone a solution. Just say that if there is a problem, we will go to the next compartment to have a private chat. "
Afterwards, after discussion, several members found that the so-called "private communication" is actually bargaining according to the degree of negotiation. If you don't accept 70%, I'll give you 80%. Yang Kexin believes that this kind of differential treatment is unprincipled. She described that after the first student's "private letter" failed, the other party was still vague. "We said if we still don't solve it, we won't spend it. As long as you don't refund the full amount, you can only go through legal procedures, and then it will be gone. " "In short, we refuse to communicate, and unless we talk privately, the final negotiation will be invalid."
Tang said that from beginning to end, they all had a "what do you want" attitude. "You are welcome to sue me in court, and I am always ready" was Li Dongsheng's final reply that day.
At the end of the interview, the students who participated in the negotiation that night formed a new group chat and invited some other students who wanted to drop out of class. In the group, they discuss the loopholes in the contract and analyze the problems they face.
Some students sent a photo of the coach's private education contract in the group. The contract reads: "Private education courses purchased by members will not be revoked, and the club shall not stop private education services before they are used up within the validity period. If the private education service is stopped due to factors such as the resignation or transfer of the club coach, the member has the right to change the coach, and the club has the responsibility to provide assistance and arrangements. The private education service can continue through consultation between the two parties. "
After analysis, Tang believes that the resignation of the coach leads to the cessation of private education services, and members have the right to change coaches, but oxygen fort has no right to force members to change coaches. After consultation between both parties, the private education service can continue, but members can also choose not to continue the private education service.
65438+10.9, when Tang called 12345 for feedback on mediation receipt, he learned from the staff who answered the phone that if he went through legal procedures, he could go to the legal aid center for help. Three days later, she found the lawyer on duty at Xinye Road Legal Aid Center in Jianggan District for consultation. The lawyer affirmed the loophole she found in the contract and thought it could constitute the other party's breach of contract. However, the amount and payment time involved by each person are different, so students can't sue together. Back at school, she summed up the lawyer's opinions in a group of ten people. Since the lawyer said that she could not jointly sue, she planned to do it herself first, "exploring the road for everyone."