Recently, Ms. Wang, who lives in Dongfeng New Village, told this newspaper that from 2065438 to August 2009, she spent 16200 yuan to give emotional intelligence lessons to her children in the "Bucky Baby Emotional Intelligence Paradise" (hereinafter referred to as Bucky Rabbit). In class, she found that the teacher was not very professional, and the teacher she hired had not been trained by the headquarters of Ya Ya Rabbit, and got 20.
On August 7, the reporter interviewed this matter.
Parents questioned that the teacher was unprofessional.
Ms. Wang told reporters that in order to cultivate emotional intelligence for her children, she chose a rabbit with teeth. On August 4, 20 19, she spent 16200 yuan to enroll her child in an emotional intelligence class, and 192 was in the rabbit class. Ms. Wang said that she had probably attended 10 class, and felt that the teacher was not very professional and could not find the key points in communication with parents. She just recommended courses and school celebrations blindly, and asked parents if they wanted to renew their fees, and basically did not mention the situation of their children.
Later, Ms. Wang brought a friend who was a teacher. After communicating with the rabbit teacher, her friend told her that she thought the rabbit teacher was unprofessional.
Ms. Wang said that the child has about 10 class. She proposed to change teachers, but the fangs rabbit disagreed. She just said that the cultivation of emotional intelligence is a slow process, so let her observe it again. The child attended about 20 classes, and the person in charge of the fangs rabbit did not change the teacher for the child. Ms. Wang decided to refund the fee.
The teacher who submitted the refund was not trained by the headquarters.
"After waiting for a month, nobody took care of it and didn't change teachers. I don't think school is suitable for my children. I recognized all the classes I had attended, and the expenses incurred were also paid by me. I proposed to refund the remaining expenses, but the person in charge of the fangs rabbit said that it could not be refunded. " Ms. Wang said.
Ms. Wang said that when she communicated with the person in charge of the fangs rabbit, the other party said that the teachers they recruited only had teacher qualification certificates and did not go to the headquarters for training. They are all trained in their own campus, and they are employed after training, without any professional certificate of emotional intelligence.
"I called the headquarters of the broken tooth rabbit. The headquarters told me that the teacher of the broken tooth rabbit must go to the headquarters for training. Only the director of his family has been trained, and all the teachers have never been to the headquarters for training. Later, I asked President Song for a refund. President Song suggested that classes can't be retired and classes can be resumed. I refused, and the other party said that the fee could not be refunded and let me go through the judicial process. " Ms. Wang said.
Ms. Wang also said that when she wanted to refund the fee, the school said that there were requirements in the school, and the fee could not be refunded after five classes. She consulted a lawyer when she went to sue, and the lawyer said that this clause belongs to the overlord clause.
The buck-toothed rabbit can transfer the class to others.
The reporter saw in the school's membership charter that "the number of courses actually completed for 0 courses is 100%, 1 course is 90%, 2 courses are 80%, and so on, and more than 5 courses will not be refunded".
In order to verify this matter, the reporter interviewed President Song of Fang Rabbit. President Song said that Ms. Wang had approached them to communicate this matter. At that time, she had more than 30 classes. This is a two-year course, not a short course. Their teacher can't continue to push the classroom. The teacher has no obligation, but is responsible for the class.
President Song said that all the students had a case exchange before the class started. Ms. Wang also recognized before that she communicated well with the teacher. She brought friends to experience the course because she agreed that the children had changed a lot. Later, her friends all said that she was really a "big head". After friends disagreed with their organization, Ms. Wang herself disagreed, and then began to ask for a refund.
"The agreement was signed by both parties and is legal and valid. How to refund the fee is clearly written. The bulletin board indicates how to refund the fee and the agreement signed in the price report is exactly the same. Our teacher graduation certificate and teacher qualification certificate are available. Another reason is to pick bones in the egg and it is impossible to refund the fee. " President Song said.
President Song said that in order to make up for the loss, he asked Ms. Wang to transfer the rest of the courses to others, but the other party said that they could not cheat others any more, as if their organization were cheating.
Conduct internal training before taking up the post to meet the requirements.
President Song told the reporter that he later proposed to change the teacher for the child, or the director could, but Ms. Wang was worried that there would be problems because of this quarrel.
As for the teachers who didn't go to headquarters for training, President Song said that one way is to go to headquarters for training, and the other way is internal training. Because it takes more than 20 days to go to the headquarters for training, the training cost is relatively high, and the headquarters training is primary. It is no problem to pass the training in the school, and the audio materials are also from the headquarters. After meeting the post requirements, they are allowed to take up their posts, and the training has nothing to do with the contract.
In response to Ms. Wang's reflection that the contract is the overlord clause, President Song said that the overlord clause belongs to the Consumer Law, and the services needed for life belong to the Consumer Law. Education is not necessary for life and is not protected by the Consumer Law.
Lawyers say that non-academic education and training is suitable for "elimination"
Then, whether this contract is reasonable and whether the school should refund the remaining fees, the reporter interviewed Qin Lan, a lawyer of Heilongjiang Hongda Law Firm.
Lawyer Qin told the reporter that according to Article 2 of the Law on the Protection of Consumer Rights and Interests: "Consumers' rights and interests are protected by this law when they buy or use commodities or receive services for their daily consumption. "
As an education and training institution, providing education and training services for students, both parties have established a contractual relationship of education and training services. This contractual relationship is bound and adjusted by the Consumer Protection Law.
The Law on the Protection of Consumers' Rights and Interests does not apply to compulsory education and statutory academic education in public schools (primary schools, middle schools and universities), but it is applicable to non-academic education and training, vocational skills education and training, training courses, remedial classes and various education and training activities carried out by social training institutions in non-compulsory education.
In addition, education and training institutions can't stipulate in the contract terms that are obviously unfair to consumers, can't exempt themselves from their responsibilities, and can't increase the responsibilities of the other party. According to Article 40 of the Contract Law: "If one party exempts its responsibility, aggravates the other party's responsibility and excludes the other party's main rights, this clause is invalid." Article 26 of the Consumer Protection Law has also made the same provision.
The validity of the disputed clause in this case should also be analyzed in detail. The contract stipulates that no refund can be made for more than 5 class hours. If this is the standard contract terms provided by the school, the parents of the students have not raised any objection when signing the contract, and the contract terms themselves are not obviously unfair, then the parents' signature and consent will be regarded as the approval of the contract terms. If parents fail to perform as agreed, it is a breach of contract. If the parents of the students have unexpected circumstances or special reasons that lead to the termination of the contract, it is not a breach of contract by the parents. The school should subtract the completed hours and refund the remaining tuition fees.
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