For fitness cards, beauty cards, swimming cards and registration training, consumers need to pay a certain fee before enjoying the service. This prepaid consumption is favored by consumers because of its advantages such as large discounts and convenient payment. However, the "no refund card transfer", "no refund once sold" and other overlord terms have also been criticized, and some businesses close down halfway, transfer or even "run away", which makes it difficult to refund. How to crack it? In order to guard against sales routines and avoid long-term large prepayment, judges are specially invited to interpret the actual cases in this edition. Gym "running" members asked for a refund, but it was rejected due to insufficient evidence Case 1 Consumer Ma and more than 30 colleagues applied for a membership card in a fitness and vacation center. When applying for the card, the two sides did not sign a written contract. Until one day, Ma and others went to the company for consumption and found that the door was closed and the words "rectification and closure" were written on it. After calling the police, the police informed that the fitness club had been closed and moved out, and dozens of people had called the police. Therefore, Ma and others appealed to the court to order the company to refund the membership fee. During the court hearing, Ma and others can only provide membership cards as evidence. The payment receipt has long been lost, and the defendant has rolled up money to "run away" and did not appear in court. Finally, the court rejected the plaintiff's claim because it was unable to clarify the content and amount of the contract. Judge's statement Zhang Pengfei, a judge of Beijing Shunyi court, explained that the economic strength and information asymmetry between consumers and operators of fitness clubs are unequal. Once a dispute occurs, it is difficult for consumers to provide evidence. At the same time, the corresponding laws and regulations are not perfect at present. For consumers, the litigation cost is high and it is difficult to win the lawsuit. Once the operator "runs away" with the money, there is no way to find its whereabouts. The contradiction between shareholders leads to the invalidation of fitness cards. How do more than 300 card holders protect their rights Case 2 A fitness enterprise sold fitness cards to more than 500 fitness enthusiasts and charged membership fees from 2016 to 2017. In October 2017, the company closed down due to the contradiction between shareholders. One shareholder closed the gym and obtained a business license for operation on the ground that the other shareholder left with money, resulting in no place for members to exercise and the amount in the membership card can not be consumed. More than 300 members, including Mr. Li, appealed to Shunyi court to terminate the contract with the defendant and refund their unused membership fees. After hearing this series of cases, the court supported the plaintiff's claim and ruled that the fitness company should return the balance in the plaintiff's unused membership card. Judge's statement Zhang Pengfei said that after summarizing the main reasons for the frequent occurrence of fitness disputes, it can be found that operators often set unfair trading conditions in the format terms such as member manuals and member instructions prepared in advance. For example, it is stipulated that the membership card shall not be refunded or transferred within the validity period, or the membership card can be refunded or transferred only after deducting high fees. After the expiration of the validity period, the balance in the card will become invalid, The membership card shall not be reported for loss or reissued. Some operators do not even inform consumers of such restrictive terms that are not conducive to consumers in advance, and refuse them for the above reasons only when consumers put forward requests for refund and replacement. Zhang Pengfei pointed out that due to the imperfect corresponding laws and regulations and management mechanism, most operators can dispose of the absorbed advance funds at will. Once the improper use causes the deterioration of the business situation or the direct malicious transfer of funds, it will not only affect the actual performance of the service contract, but also directly cause the insufficient solvency of operators and infringe on the rights and interests of consumers. Although the plaintiff's claim in this case has been supported, these cases often face great difficulties in the implementation process because the gym is likely to use the advance payment of consumers improperly. Prepay more than 20000 to buy lessons for children. Can you refund the relocation of institutions? Case 3 Qin's mother signed the new student registration form with an English children's education center in Beijing, and purchased 192 English courses for Qin for 21706 yuan. Company a stamped the official seal on the registration form. Qin obtained a receipt issued by company a and company B. When Qin paid the money, company a and company B promised to give another 16 classes. The terms of the agreement state that the complimentary course shall take effect after the completion of the formal course. After Qin spent 30 courses, the English children's education center was relocated. After the relocation, Qin had 4 classes. After the relocation, company B issued a statement and commitment on the teaching situation after the relocation of the campus of the English children's education center, and made a commitment to the teachers. Hou Qin sued for cancellation of the contract, refund of training fee of 21706 yuan and double compensation for company a and company B on the grounds of fraud, education and training beyond the business scope and change of teaching location. As explained by the court, Qin said that if the court found that it did not constitute a cancellation, he would request to terminate the contract. Company a and company B believe that the relocation has been approved by their parents. After the relocation, Qin continued his classes, and his parents did not raise any objection and did not agree to terminate the contract. After investigation by the court, company a wholly established company B, and the two companies agreed to bear the responsibility together. After hearing the case, the court decided to terminate the agreement between Qin and company a, and company a and company B returned 17000 yuan of Qin's training fee. Judge's statement According to Li Xiaoli, a judge of Beijing Shunyi court, a legally established contract is legally binding on the parties. If one party changes the contents of the contract without authorization, which has a material and serious impact on the other party, resulting in the impossibility of the purpose of signing the contract, the other party may terminate the contract and claim compensation. Since the content of the contract in this case is to provide extra-curricular training services to minors, the two parties did not agree on the teaching place, and the plaintiff's request for cancellation of the contract according to the change of teaching place is insufficient. Although the change of the teaching location did not reach the degree of canceling the contract, considering that Qin is still young, the change of the teaching surrounding environment will indeed have a certain impact on him, and Qin's parents are no longer willing to continue to receive education and training at company a and company B, so it is ordered to terminate the contract between the two parties, taking into account the total number of courses, courses attended, relocation time and other factors, The refundable amount shall be determined at its discretion. It should be noted that if there are provisions in the enrollment agreement, such as those in the above case that the complimentary course shall take effect after the completion of the formal course, the complimentary class hours cannot be included in the calculation of the missed class hours. If parents believe that the relocation of institutions and other behaviors seriously affect the effect of children receiving education and training, they can actively negotiate with education and training institutions or actively provide evidence for litigation. If you have doubts about the qualifications of training institutions and foreign teachers, can you claim that the contract is invalid? Case 4 Hu received one-to-one English courses from foreign teachers in an education and training institution and paid a course fee of 28500 yuan. Hu's mother believes that the educational institution did not assign experienced American and Canadian teachers to teach in class in accordance with the contract, and the foreign teachers were late, left early, absent for many times without reason, and even forced Hu to rush to class before the foreign teacher's visa expired. As a result, Hu not only made no progress in English after training, but had a strong resistance to English learning. Considering that the training institution has no qualification to teach and hire foreign teachers, and the class place provided has not been approved by the Education Commission and the fire department, the behavior of the training institution has constituted fraud, so Hu's mother sued and requested to terminate the education and training agreement signed by both parties, refund the training fee in full and double compensation. The educational institution argued that the foreign teachers who taught to Hu met Hu's requirements, and the institution was legally registered by the industry and commerce, legally carried out training projects and legally provided foreign teacher services, without any fraud. It agreed to terminate the training agreement, but only refund the remaining course fees. Finally, the court decided to terminate the education and training agreement between the two sides, and the institution refunded the remaining course fee of Hu. Judge's statement Li Xiaoli explained that if the training contract signed between the trainees and the educational institution is the true intention of both parties and does not violate the mandatory provisions on the effectiveness of laws and administrative regulations, the contract is valid according to law, and both parties shall exercise their rights and perform their obligations in accordance with the contract. If the educational institution changes the class time and mode without the consent of the consumer, the consumer may not accept the agreed training content, fail to achieve the expected training effect, and fail to achieve the purpose of the contract. In this case, the consumer has the right to request the termination of the contract. Like this case, both parties can terminate the contract by agreement. After the termination of the contract, if the contract has not been performed, the performance shall be terminated, and the training institution shall refund the course fee not consumed by the trainees. In judicial practice, it is common for similar educatees to claim that the training institution has fraudulent operation, invalid contract or termination of contract because the party providing education and training services does not have teaching qualification and the specific personnel providing education services do not have teacher qualification. However, the teaching qualification and teacher qualification belong to the scope of administrative license and should be managed by the administrative department, This issue generally does not affect the validity of the contract itself. Li Xiaoli suggested that when signing the education and training contract, parents should focus on whether there is a clear agreement on teaching qualification and teacher qualification in the contract, so as to prevent the termination and breach of contract in the later stage. If a teacher or a teacher with certain qualification is particularly needed for training, it must be specified in the contract when signing the contract, otherwise it is difficult to identify the breach of contract by the training institution. Is the shareholder also responsible for the failure to pay the rent, close the business and close the store? Case 5 In October 2017, Yu's mother signed a membership agreement with an early education company in Beijing, and purchased 96 swimming group classes for Yu at the price of 28486 yuan. In May 2019, the institution was forced to close down due to arrears of rent, and 52 swimming classes were not consumed in a certain. In July 2019, a mother sued to terminate the agreement with the early education company, and demanded the refund of the remaining class fees. In addition, she demanded that Ma, the affiliated company invested by the sole proprietorship of the legal person and the common legal representative, be jointly and severally liable for compensation. After hearing, the court held that Yu purchased the services of the early education company, and the company should perform its contractual obligations in accordance with the provisions. The company was closed because the lessor took back the store due to the rent arrears, and was unable to continue to provide normal services for Yu, resulting in the failure to realize the service contract between the two parties. Therefore, the contract between the two parties was terminated according to law, and the class fees of 52 swimming classes that were not consumed were refunded. As the shareholder of the early childhood education company, the affiliated company has not submitted evidence to prove that its property is independent of the early childhood education company, so it shall be jointly and severally liable for the above debts. Judge's statement Li Xiaoli explained that if the early childhood education institution closes due to rent arrears and other reasons and cannot continue to provide normal education and training services, resulting in the failure to achieve the purpose of the contract, this behavior constitutes a fundamental breach of contract, and the member has the right to exercise the legal right to terminate the contract. After the termination of the contract, the early education institution shall refund the course fee that has not been completed. In addition, according to the provisions of China's company law, if the shareholders of a one person limited liability company cannot prove that the company's property is independent of the shareholders' own property, they shall be jointly and severally liable for the company's debts. Therefore, this case can require the investment legal person of the early education institution to bear joint and several liability. Li Xiaoli reminded parents and friends that when choosing education and training institutions, they should fully understand the qualification and operation of institutions through formal channels, and avoid buying a large number of courses at one time. In case of such problems caused by store closure