Original title: The dance training school suddenly "ran away". How can students protect their rights if their contracts are not stamped? Lawyer: Be careful with prepaid consumption and read carefully before signing an agreement.
Ms. Yang from Kunming paid the tuition at a dance school on Guangfu Road. When she was about to sign up for classes, she found that the training institution was closed and the classrooms were empty. , the contact person could not be contacted, and even the multiple student WeChat groups she had joined were forcibly disbanded, which made Ms. Yang a little panicked.
Case Facts
After paying more than 10,000 yuan in tuition fees, the training school was empty.
Ms. Yang said that she saw the advertisement of this training institution called "Hualing Dance School" through the Internet in 2019, and then went to the site to sign up and pay. fee. At that time, the organization guaranteed that one-time payment would provide lifelong access to training, and classes could be arranged at any time.
"They said that learning dance at this school is a lifelong program. I paid a fee of 18,800 yuan. It is an all-round star coaching class and you can learn 4 types of dance." Ms. Yang said.
But now Ms. Yang has not received any notification, and the school is empty. "When I came here before, there was a door here. There were some teachers' profiles on the wall. There were a lot of equipment in the classroom, but now they are basically gone."
Ms. Yang tried to contact the person she was connecting with at the time through the student WeChat group, but the other person not only No explanation was given, but the group was disbanded.
student groups were disbanded, institutions were closed, and classrooms were vacated. All these signs made Ms. Yang feel uneasy and suspected that her boss had "run away."
Therefore, during this period of time, Ms. Yang often visited the school for on-site inspections, and encountered many students who had unknown situations and kept asking questions.
"What was disbanded were the student groups we signed up for at the time. Each group had more than 100 people, and some had more than 200 people. After the group was disbanded, no one contacted us." Ms. Li, a student, said, "I I found out that the previous teachers took leave for various reasons and never came back. Starting from April, the institution started to take vacations. First, they said they would take half a month to renovate the classrooms, and then they started to change teachers some time ago. After being notified that the fire protection facilities were to be rectified, the student group was disbanded. "
The students discovered that although everyone had signed an enrollment agreement with this training institution, a comparison revealed that some contracts were only signed with the names of the students. , there is no signature or seal on the other party's signature. On some contracts, the school signed the name Hualing Dance Chain Kunming Aegean Store, but the seal stamped on it became "Hualing Dance Chain Kunming Store".
In addition, the contract does not mention the name of the company to which the training institution belongs, and the relevant information cannot be verified from beginning to end. Feeling that they had been cheated, some students called the police.
After receiving the alarm from multiple students, the Jinjiahe Police Station of the Xishan Branch of the Kunming Municipal Public Security Bureau conducted a preliminary verification of the relevant situation and posted a notice stating that the business license name of this Hualing Dance Training School is Yunnan Kunming Wanjian Cultural Communication Co., Ltd. has currently ceased operations. We hope that students who have not completed the course hours will register with the police station as soon as possible.
html On June 24, Kunming Trend Guide Furniture Co., Ltd., the lessor of the school site, also posted a notice of arrears, showing that the 400-square-meter house rented by Kunming Wanjian Cultural Communication Co., Ltd. has been in arrears and is still owed. He paid a fee of more than 21,000 yuan and asked the other party to go through the procedures and move out within a time limit.The reporter checked the National Enterprise Credit Information Publicity System and saw that Kunming Wanjian Cultural Communication Co., Ltd. was registered and established on February 2, 2024, and is currently in existence. Staff from the Xishan District Market Supervision and Administration Bureau said that they have not yet received complaints from citizens, but they will send people to the site to verify.
"If the organization no longer operates operations at the residence, we will classify the company as abnormal." The staff member said.
Ms. Yang said that they are also collecting clues to prepare for the next collective rights protection. "Currently, 182 people can be contacted, but in fact, there are more than just these people, and the amount involved has reached one to two million yuan."
Interpretation of Law
The school should bear liability for breach of contract if it fails to perform its contractual obligations
What problems may this dance school be involved in? How should students protect their rights?
Yao Jinhan, a lawyer at Beijing Haotian (Kunming) Law Firm, pointed out that dance schools charge more The behavior that is suspected of "running away" after payment is suspected of breach of contract.
The first and second paragraphs of Article 509 of the Civil Code of the People's Republic of China stipulate that the parties shall fully perform their obligations as agreed. The principle of good faith is to perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose and transaction practices of the contract.
Article 577 of the Law stipulates that if a party fails to perform its contractual obligations or performs its contractual obligations inconsistently, it shall bear the responsibility to continue. Liability for breach of contract such as performance, remedial measures or compensation for losses.
In this case, Ms. Yang paid the dance school, and the two parties have formed a contractual relationship. The dance school is obliged to provide services to Ms. Yang in accordance with the agreement between the parties. The school is empty and has clearly violated the above-mentioned legal provisions. The school should bear liability for breach of contract to Ms. Yang.
As for whether the dance school is involved in criminal legal issues such as contract fraud, the students should provide clues to the public security organs, who will conduct the investigation. Investigation.
It is worth noting that there is another special feature of this case, that is, some of the enrollment agreements signed by both parties only have the signatures of the students and do not have the signatures and seals of the dance school. Can this prove that the agreement between the two parties is established?
The lawyer believes that even if the dance school does not have a seal, it cannot be exempted from its responsibility to perform the contract. The student paid the dance school the fees as agreed, and the agreement was established when the two parties reached an agreement.
But from the actual operation of rights protection, Students need to organize and improve all the evidence they have at hand to form a complete evidence chain to prove their claims.
lawyers suggest that consumers should learn more about the business qualifications of the organization before recharging their prepaid consumption, such as Is the subject a company or an individual? Does it have the relevant business qualifications and licenses to provide such services? This information can be checked on the official website of the market supervision and management department.
Before signing an agreement, consumers must read the content of the agreement carefully. If there is any ambiguity, ask in time. If necessary, ask the merchant to mark and stamp the ambiguous areas. When signing an agreement, be sure to ask the merchant to stamp and stamp the seal before signing. At the same time, you must also The agreement must be stamped with a handprint; after signing the agreement, you must keep a complete copy of the agreement, and when making the payment, check whether the payee is consistent with the person who signed the agreement.
If you encounter such a situation where the merchant "runs away", In addition to filing lawsuits in court, consumers can also protect their legitimate rights and interests by reporting to the market supervision and management department and providing clues to the public security organs.
Reporter Li Yan
(Yunnan Legal News)
-
-
-
-
-
-
-
-
-
-