Current location - Training Enrollment Network - Education and training - Is it legal for educational institutions not to refund money?
Is it legal for educational institutions not to refund money?
It is illegal for educational institutions not to refund money. If both parties sign a contract, they can settle accounts according to the contract. Educational institutions stipulate in the contract that tuition fees cannot be refunded, which is the "overlord clause". If students don't attend classes and the school doesn't pay the corresponding teaching activities, they shouldn't get tuition. It is inappropriate for students to give up classes for their own reasons. In this case, the school can keep some reasonable expenses to make up for the losses, and the rest should be returned to the students. Students have the right to give up their studies. Educational institutions stipulate in the contract that no refund is allowed as "format clause" or "overlord clause". There can be an agreement between educational institutions and students, but the agreement cannot violate relevant laws and regulations. Students or parents can provide payment basis and written materials to coordinate the refund. According to Article 39 of the General Principles of the Civil Law of People's Republic of China (PRC) and the provisions of the National Code, if a contract is concluded with standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to draw the attention of the other party to the terms exempting or limiting its liability, and explain the terms according to the requirements of the other party. Article 40 A standard clause is invalid if it falls under any of the circumstances stipulated in Articles 52 and 53 of this Law, or if the party providing the standard clause exempts the other party from its responsibilities, aggravates the other party's responsibilities or excludes the other party's main rights.