1. Whether the penalty for refund of fees by training institutions is 30% shall be determined according to the contract between both parties.
2. Generally speaking, the upper limit of the contract penalty shall not exceed 30% of the actual loss. If there is any objection to the amount of liquidated damages, consumers are advised to keep relevant evidence, such as written materials, recordings, SMS, emails, online chat records, etc.
Suggestions for action:
1. The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, or they may agree on the calculation method of damages for breach of contract.
2. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
3. If the parties delay the performance of the agreed liquidated damages, the breaching party shall also perform the debts after paying the liquidated damages.
Legal analysis: The Civil Code of People's Republic of China (PRC) stipulates the relevant provisions on refund of training institutions: the parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of compensation amount for losses caused by breach of contract.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.