American gyms were complained that it was difficult to get a refund and did not issue a receipt.
Recently, Zhongxin Finance received a complaint. Teacher Wen, a consumer, reported an early education course to his children at the early education center of Tianjiemei Gymnasium. The examination fee is 22,588 yuan, ***96 class hours, plus class hours, * * * 100 class hours.
"The gym will not arrange an audition, so you have to pay a fee before you start. As a result, my children are not used to it. They cried as soon as they entered the door. After trying two or three times, they still couldn't do it at all. I always sign three diamonds, but actually I didn't get one.
"The teacher said.
Teacher Wen said, "Finally, I decided to drop out of class. The American gym sales at the reception desk filled out the receipt and said it would be completed within one month.
As a result, more than a month passed without any news. After contacting the owner of the American gym, he told me whether to refund half the fee or one year later.
"
Teacher Wen also said that American gyms don't give receipts.
American Gym: The refund period is about 12 months, which needs to be reviewed by the headquarters.
The above-mentioned teacher said that the educational administration teacher called the Wuhan Tianjiemei Gymnasium Early Education Center provided by official website, but no one answered.
The telephone support of official website 400, an American gym, told Zhongxin.com Finance: "This situation has been recorded and will be reported, and feedback will be given as soon as there is a result.
"As of press time, the instructor has not received any reply.
The sales of Wuhan Jiangyan Tianjiemei Gym Early Education Center registered by Mr. Wen told Zhongxin Finance that Mr. Wen's family asked for a full refund and needed to report to the headquarters through special channels. The refund period is about 12 months.
"According to the contract, the normal refund process is only half, and the refund period is about three or four months. Teacher Wen's family disagreed, so through special channels.
"The above sales show.
As for why "about 100 class hours, it took three class hours to sign in, but only half of them were refunded", the sales said, "The contract stipulates that as long as the class hours are less than one third, one class hour can be halved.
"Regarding invoices, consumers can issue them as needed.
"
Lawyer: If the liquidated damages are too high, consumers have the right to ask for relief.
Are the provisions such as "the last refund can only be refunded by half" suspected of overlord clause?
Zhao Zhanling, deputy director of Beijing Jia Yun Law Firm and special researcher of Intellectual Property Research Center of China University of Political Science and Law, told Huaxin Finance that this situation mainly depends on whether the training institution has breached the contract. If so, consumers can terminate the contract according to law and demand an immediate refund, which is not restricted by the contract.
"If there is no breach of contract by the training institution, it is a unilateral breach of contract by the consumer. For example, if you don't want to attend class or feel inappropriate to ask for a refund, that is, the consumer unilaterally terminates the contract. There is no legal basis unless the consumer unilaterally agrees to terminate the contract before the contract.
"
Zhao Zhanling also said that if the training institution agreed in the contract that it can unilaterally refund the consumer and charge a certain fee at the same time, this is the limit of liquidated damages. In this case, if the liquidated damages exceed 30% of the damages caused by consumers to the training institutions, it is deemed that the breach of contract is too high, and consumers have the right to demand a reduction.
"Regarding the refund period, if the consumer unilaterally requests a refund, and the training institution agrees, if the two parties have not agreed on the refund period, the refund shall be made within a reasonable period.
"Zhao Zhanling said.
American gyms with frequent refund problems are expected to lose more than 65.438+0.5 billion yuan in 2023.
Education teachers have noticed that there have been frequent complaints from American gyms in recent years.
In 2023, Hubei Radio and Television reported that the store address of Jiaoling Lake Wanda Store in Jianghan District of Wuhan was moved to the early education center of Tianjiemei Gymnasium in Chen Jiang, which led to the change of the store address and was far from home. If you want to go on strike, it's hard to get a refund.
Among the complaints of black cats, there are many similar complaints.
A consumer recently complained to the American gym in Beijing. 2023 165438+ 10/3, American gym class package 1 1, with a total amount of 2 1088 yuan. Due to the epidemic situation and course arrangement, only 14 class has been attended so far, and 97 classes have not been attended. Due to repeated epidemics, the children are older now and don't attend classes. I want to drop out of school and get a refund. The other party said that I can only get a refund of 50%.
The teachers of Sino-Singapore Finance noticed that the performance of American gyms in recent years was not very good.
According to its performance forecast, the revenue in 2023 is expected to be 300 million yuan to 350 million yuan, and the net profit loss attributable to shareholders of listed companies is 65.438+0.5 billion yuan to 65.438+0.95 billion yuan.
The early education industry needs to be standardized, and consumers need to be cautious when buying classes.
At present, there are no clear regulations on the number of hours, advance payment and refund of pre-school education and training, and training institutions generally charge long tuition fees in advance, often exceeding 100 hours. Consumer refund is a chronic disease in the industry.
Earlier, it was reported by the media that some early education training institutions divorced from the education management system were often registered in the name of educational consulting institutions, and then they were educated and trained after obtaining business licenses, which caused the dilemma of insufficient supervision.
Zhao said that how to prevent this situation is mainly to prevent and solve it beforehand. Consumers should carefully understand the refund policy before purchasing training courses. Especially when consumers refund unilaterally, training institutions should know whether they agree, whether they withdraw from classes and how much they charge.
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