Legal knowledge on child care refunds

Legal common sense about daycare refunds:

First, if a student is unable to complete the study plan due to school reasons, and the student requests to withdraw from school or receive a refund, the school must refund the money. Remaining Fees.

Secondly, before the school starts, students are required to leave due to force majeure reasons, such as students who have issued official admission notices from institutions with recognized academic qualifications at all levels or a recruitment notice from the armed forces, or due to major reasons. If an application for withdrawal or refund is made to the school due to legitimate reasons such as illness, accidental casualties, special family difficulties, etc., the school will deduct a 5% handling fee and refund the remaining fee.

Third, consumers must read the content of the agreement clearly before signing the agreement and it is recommended that consumers retain evidence of rights protection. There are provisions related to refunds in the agreement, and generally the agreement between the consumer and the merchant shall prevail (except for invalid format clauses).

Regarding the issue of liquidated damages, Article 585 of the Civil Code (effective on January 1, 2021): “The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach. , and may also agree on the calculation method for the amount of compensation 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 it at the request of the party; the agreed liquidated damages shall be increased. If the amount is excessively higher than the loss caused, the people's court or arbitration institution may appropriately reduce the amount at the request of the party. If the party agrees on liquidated damages for delay in performance, the defaulting party shall also perform its debts after paying the liquidated damages. ”

Generally speaking, the upper limit of liquidated damages in a contract is no more than 30% of the actual loss. For situations where consumers say they have not made a reservation for a course or have canceled a course, it is recommended that consumers retain relevant evidence, such as written materials, recordings, text messages, emails, online chat records, etc., when communicating with businesses.

If a lawsuit is involved in the future, from the perspective of evidence, according to the rule of "who claims, who gives evidence", relevant evidence needs to be provided in the legal process.

Fourthly, if a student is unable to continue attending classes due to personal violation of national laws, regulations or other reasons during school and applies for a refund, no refund will be given.

Fifth, schools must charge fees in accordance with the charging items and charging standards approved by the education administration department and other relevant departments, and use special bills uniformly printed by relevant departments. This receipt serves as the only basis for school fees and refunds.

Handling complaints about daycare refunds

(1) Complaints against consumers shall be handled by the county-level consumer association or affiliated branch where the respondent is located; If it is inconsistent with the place of permanent residence, it will be handled by the county-level consumer association or affiliated branch of the place of permanent residence.

(2) If the case involves two or more county-level jurisdictions, it shall be handled by the consumer association at the same higher level (municipal or provincial level).

(3) If the case involves the jurisdiction of more than two municipal associations, it shall be handled by the Provincial Consumers Association; the Provincial Consumers Association may entrust any consumer association within its jurisdiction that is related to the case to handle the accepted complaints. deal with.

(4) Letters and online complaints received by the provincial consumer association can be directly transferred to the local consumer association for processing, and major and difficult complaint cases can be directly accepted.

(5) If a foreign consumer complains about a domestic operator, the complaint to whom the training class will not be refunded will be handled by the county-level consumer association where the respondent is located; consumers in the province in Shanghai, Jiangsu, Hong Kong, For disputes arising from consumption in Macao, you can lodge a complaint with the Consumers Association where the consumer is located.