However, before the formal class, Mr. Wang felt that learning cake was too tiring and his body was not used to it, so he proposed a refund to the training school. The result was told that it would cost 30%, that is, nearly 10000 yuan.
It is unreasonable for Mr. Wang to deduct so much money from a class.
On June 18, Mr. Wang signed up for a half-year training course at Nanjing Oumeiqi West Point Western Food College. It cost more than 33,000 yuan. At that time, before the class started, I offered a refund for my own reasons, but I was eventually asked to pay a penalty of up to 30%.
"This is obviously the overlord clause, which is obviously unreasonable. He said that if you feel unreasonable, you can go to the court and negotiate implementation.
"
This agreement refers to the course training agreement signed between Mr. Wang and the College. It is expressly agreed that if Party B applies for dropping out of school within 7 days after the signing of the agreement, the penalty will be 30% of the total cost, that is, 9990 yuan.
"Later, I reflected this matter to the Jiangning District People's Social Security Bureau in Nanjing. After the Human Resources and Social Security Bureau contacted the school, a teacher named Sun Zi called me and asked me to go to the school to negotiate a refund.
"Teacher Wang said.
On July 1 day, Mr. Wang came to the school as scheduled, and the other party agreed to reduce the penalty, but the minimum amount should not be less than 25%. Mr. Wang disagrees.
Should Mr. Wang give this liquidated damages? The lawyer said that the training contract is a format contract, and all the terms were formulated by the training institution in advance, not agreed by both parties. After the parties sign, according to the provisions of the Contract Law, the collection of liquidated damages needs to be determined with reference to the actual losses of both parties.
Ling, a lawyer of Jiangsu Taihe Law Firm, said that the calculation and amount of liquidated damages should be consistent with the losses of the parties. If the amount of liquidated damages agreed in the contract is too high, the court may adjust the amount of liquidated damages if it considers that the amount of losses is not as high as the amount of liquidated damages during the review.
"
Teacher Wang said that due to the current shortage of students, the class scheduled to start on June 29 has not yet started. So far, he has only come to the practice class once, and the loss suffered by the school is obviously less than 30%.
It is understood that in 2004, the Nanjing Municipal Price Bureau and the Nanjing Municipal Finance Bureau jointly issued the Opinions on Regulating the Management of Various Training Fees. Among them, if a student requests to drop out of school for personal reasons, the registration fee will not be refunded, and the training fee and teaching material fee will be refunded according to the following provisions. If students drop out of school before the start of the training course, the training institution shall refund all the training fees and teaching materials. If less than half of the total class hours (including half) require students to drop out of school, the training institution will refund half of the training fees, and the teaching materials and materials fees will not be refunded. If more than half of the total class hours need to drop out of school, the training fee and teaching material fee will not be refunded.
According to this regulation, Mr. Wang should be refunded before the start of the refresher course. Besides the examination fee, the training fee should also be refunded.
However, when Nanjing Oumeiqi West Point College charged fees, there was no separate registration fee.
Wang Qing of Nanjing Oumeiqi West Point Western Food College said: "Some of us have also assisted him in coordinating this matter, so there is a requirement to deduct fees in this respect.
Because there are standards. However, this is not fixed. This is both sides. If you have special circumstances, we certainly want to help him solve them. Settle through consultation, deal with.
"
Considering that Mr. Wang had been to the practice class before, and there were still some food and consumables in the class, the school finally agreed to deduct the required expenses and return the remaining money to Mr. Wang.
Under the coordination of the education teacher, the college finally agreed to charge 500 yuan for his previous experimental class as Mr. Wang, and fully refund the remaining tuition fees.
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