Wenle Chu
Mr. Wang spent 17,800 yuan to sign up for relevant courses at the opening bar, and then the opening bar was unable to provide relevant training services due to business problems, and promised to refund the tuition fee, but has not refunded it so far. Mr. Wang did not accept the solution of exchanging tuition fees for other courses, and hoped that the tuition fees would be refunded as soon as possible. What laws and regulations did the course violate, and how could Mr. Wang get a refund of his tuition?
First of all, according to Article 19 of the "Consumer Rights and Interests Protection**" [Obligation to take timely measures against defective products and services], if a business operator discovers that the goods or services it provides are defective and there is a danger of endangering the safety of persons and property, it shall immediately report to the relevant administrative departments and inform consumers, and take measures such as stopping sales, warnings, recalls, harmless treatment, destruction, and stopping production or services. Where recall measures are employed, the proprietor shall bear the reasonable expenses incurred by consumers as a result of the recall of the goods.
If the course bar cannot provide course services after charging relevant fees, it means that the goods or services are defective, so the operator should stop selling them and recall them.
Article 52: [Civil Liability for Causing Property Damage]Where goods or services provided by business operators cause damage to consumers' property, they shall bear civil liability such as repairing, remaking, replacing, returning, making up the quantity of goods, returning the price of goods, or compensating for losses, in accordance with the provisions of law or the agreement of the parties.
Mr. Wang paid 17,800 yuan to start the course, but the operator could not provide the training services, causing property damage, so the operator needed to refund the payment, and the remedial measures provided by the operator were exchanged for other courses, Mr. Wang did not agree, and could not reach an agreement, so there was no legal fact and legal basis.
Article 53: [Liability for Failure to Perform on Advance Payments]Where business operators provide goods or services in the form of advance payments, they shall provide the goods or services in accordance with the agreement, and if they fail to do so, they shall perform the agreement or return the advance payment in accordance with the consumer's requirements; and bear the interest on the advance payment, which the consumer must pay for a reasonable fee.
Mr. Wang paid 17,800 yuan in advance for the training fee, which was a prepayment, but the course did not perform the training services as agreed, so according to this regulation, the consumer can request a refund of the advance payment.
Article 56: [Circumstances of Serious Punishments]In any of the following circumstances, in addition to bearing corresponding civil liability, other relevant laws and regulations have provisions on punishment organs and punishment methods, and follow the laws and regulations; Where laws and regulations do not provide for it, the administrative department for industry and commerce or other relevant administrative departments shall order corrections, give a warning or confiscate unlawful gains according to the circumstances, impose a fine of more than 1 time and not more than 10 times the unlawful gains, and confiscate the ...... of unlawful gains、
8) Deliberately delaying or refusing without reason a consumer's request for repair, rework, replacement, return, making up the quantity of goods, refunding the price of goods and services, or compensating for losses.
Therefore, Mr. Wang can protect his legitimate rights and interests in accordance with the above-mentioned laws and regulations. Auspicious New Year party
Lechu Intellectual Property Consumer Rights Protection.