After buying a course from a training institution and encountering a business "run away", how should I defend my rights?

　　After buying a class from a training institution or gym, but the business is closed or "run away", how can consumers defend their rights?

According to the relevant provisions of the previous contract law, it is necessary to perform the obligation of notification when the contract is terminated, and notify the breaching party of the party's willingness to terminate the contract.

However, the Civil Code that came into effect on January 1 this year clearly stipulates that if the observant party directly requests the termination of the contract through litigation or arbitration, as long as the court examines the case and finds that it meets the conditions for termination of the contract, the court can directly determine Termination of Contract.

　　Recently, the People’s Court of Bao’an District, Shenzhen, heard a case concerning a dispute over a prepayment contract, and ruled that the education and training contract relationship between the plaintiff and the defendant was terminated on the day the copy of the bill of complaint was served on the defendant. .

　　On October 7, 2019, Shenzhen citizen Zou Mou forecasted 104 class hours of courses at an English training institution and paid a one-time training fee of 7,800 yuan.

But after only two hours of the course, the English training institution stopped teaching due to the epidemic and other reasons, and has not resumed classes.

After that, Zou came to the English training institution, and the building was already empty.

Since Liu, the person in charge of the agency, has not been able to contact, Zou took him and the agency as co-defendants and sued the Bao’an District People’s Court to request the cancellation of the education and training contract and refund the remaining training expenses.

　　The court found that the case complied with the circumstances stipulated in Article 10 of the "Several Provisions of the Supreme People's Court on the Application of the Time Validity of the Civil Code of the People's Republic of China", that is, "before the implementation of the Civil Code, one party directly filed a lawsuit without notifying the other party. If the method advocates the termination of the contract in accordance with the law, the provisions of paragraph 2 of Article 565 of the Civil Code shall apply."

Therefore, the court ruled that the English training contract relationship between the two parties in the case was terminated on November 22, 2020, from the date the copy of the complaint was served on the defendant, and the English training institution refunded the plaintiff’s training fee of RMB 7,650.

　　Although the dispute between the plaintiff Zou and the training institution in this case occurred before the implementation of the Civil Code, the situation complies with the relevant provisions of the Civil Code and its time validity. Therefore, it is more important to protect consumers who bear higher risks in prepaid consumer contracts. For the benefit.

Yuan Guangling, Judge of the Expediting Tribunal of the Bao’an District People’s Court of Shenzhen:

As the business premises of the training institution were closed, the plaintiff was unable to contact the person in charge of the training institution and there was no way to negotiate on the refund of the remaining class hours, the plaintiff There is no way to achieve the purpose of the contract, so the court found after review that the plaintiff’s request to terminate the education and training contract with the training institution has a legal basis, and this court should support it in accordance with the law.

　　In recent years, prepaid consumption has generally existed in industries such as education and training, beauty salons, fitness, dance and yoga, but these industries will close their stores due to poor management and other reasons, leading to disputes between consumers and businesses.

, and after these cases go to the court,

expedited

, so that the rights and interests of consumers can be protected faster and better.