In the education and training market, the relationship between parents and educational institutions often arises from disputes due to various reasons.
Among them, the issue of refunds has become the focus of controversy between many parents and educational institutions.
So in the face of the reluctance of educational institutions to refund fees, how should parents respond?
The key to dealing with this problem is whether parents can find a reasonable legal basis to support their claims.
For example, when an educational institution commits a breach of contract, such as poor course quality or failure to fulfill commitments, parents may terminate the contract and request a refund in accordance with Article 563 of the Civil Code.
In this case, parents are justified and can actively protect their legitimate rights and interests.
However, the situation is different if the educational institution is not in default, but requests a refund due to personal reasons on the part of the parent or the child's unwillingness to continue the course.
In this case, the parent needs to bear the liability for breach of contract. According to Article 577 of the Civil Code, a party who fails to perform its contractual obligations is required to compensate for damages.
Therefore, if parents want to get a refund, they need to pay a certain amount of liquidated damages.
If parents disagree with the amount of liquidated damages, they can file a lawsuit with the court, and the court will rule on the amount of liquidated damages according to the specific circumstances.
In the face of the problem of difficulty in refunding educational institutions, as long as parents act in accordance with the law and rationally protect their rights, they are fully capable of solving it.
We also hope that in the future education market, we can see a more fair and transparent refund mechanism to protect the legitimate rights and interests of parents and educational institutions.