It is reported that recently in Shanghai, Ms. Li bought 600000 private teaching courses with a loan within a month to lose weight, and repaid 30000 to 30000 yuan a month. The courses have been scheduled until 2034.
It is reported that from the end of 2019 to the beginning of 2020, In just over 20 days, Ms. Li bought more than 600000 yuan of private education courses in the gym she has visited for a long time, However, in October 2020, Ms. Li took the gym to court and asked for a refund of the private education course fee.
Ms. Li has been a member of this gym since 2014, but she has never tried private education courses before. In 2019, Ms. Li heard from the coach that the weight loss effect of private classes was very good, so she tried to buy some classes.
After several classes, Ms. Li felt that the effect was good, and decided to buy some more class hours. At this time, the coach told her that the store had just launched a very strong discount.
Later, in just over 20 days, Ms. Li successively bought private education courses worth more than 600000 yuan. The private education courses worth more than 600000 yuan correspond to 14 private education plan agreements. According to the contents of these agreements, Ms. Li's courses have been arranged until 2034.
Photo source: See the news Since the effect is very good, why did Ms. Li quit the class? Ms. Li said that one reason was economic pressure: when she bought these courses, The gym recommended online loans to her, and she took out high loans. Now she has to bear the pressure of repayment of 30000 to 40000 yuan a month, which makes her overwhelmed.
However, the gym said that these words were just an excuse for Ms. Li to quit the class. They didn't encourage Ms. Li to take a loan. She signed the fitness private education contract voluntarily.
After all, Ms. Li has already signed the contract on white and black paper. If she only said that she was impulsive at that time, it would not be a reason to terminate the contract.
Later, Ms. Li proposed another reason to terminate the contract: Recently, he was diagnosed with hepatic hemangioma, and the doctor advised to avoid strenuous exercise.
In view of this, the gym also agreed with Ms. Li's request to terminate the contract, but also proposed that Ms. Li should pay 20% of the service charge according to the contract. Ms. Li felt that it was a bit outrageous, not to mention that she needed to terminate the contract for physical reasons, which was not a breach of contract, and she should not bear the cost at all.
Photo source: See the news According to relevant laws and regulations, the party providing the standard terms shall take reasonable measures to remind the other party to pay attention to the terms that have a significant interest in the other party, such as exemption or mitigation of its responsibilities, and explain the terms according to the requirements of the other party. However, after a court investigation, the gym did not fulfill its obligation to explain.
Finally, the court decided that Ms. Li should bear 5% of the liability for breach of contract.
According to media reports on April 12, Xiao Hai, a 25-year-old Java engineer, usually sits still while working and often works late at night. In the past few years, Xiao Hai has gained several circles more weight than when he was a student.
Last July, on his way home after working overtime, Xiao Hai passed a gym and was attracted by the promotional fitness activities.
Under the lobbying of the fitness trainer, Xiaohaidang decided to apply for cards and buy private lessons.
According to the training plan set by the coach, Xiao Hai bought a half year card of 2600 yuan, and spent 32 thousand yuan to buy 30 regular private lessons and 48 rehabilitation private lessons.
Photo source: Xiaoxiang Morning News The total price of several courses was 35000 yuan. Xiao Hai could not afford to pay so much at a time. He paid the money by borrowing, spending, installment, credit card, etc., and divided the money into several orders.
By the time Xiao Hai finished buying lessons, it was already over 11 p.m.
At noon the next day, the fitness trainer asked Xiao Hai to attend the first private class at 9 p.m.
However, after sleeping, Xiao Hai became more and more regretful. He played the quitting drum and replied to the coach at more than 8 p.m.: "I want to refund my money a little bit. I don't want to do it anymore."
Xiao Hai also said that he was borrowing a loan to buy a class. "I was worried about this all day. I was afraid that my credit would violate the rules, and I was afraid that something would happen at home and I needed money urgently. Should I return the money or come to class?"
The fitness trainer persuaded Xiao Hai to say, "Every month, we will pay more than 2000 yuan. You can exercise at ease, and we have made a plan for you."
But then Xiao Hai made it clear: "My parents clearly oppose my payment. How can I return the money?"
Photo source: Xiaoxiang Morning News At the scheduled class time, Xiao Hai did not appear in the gym, but continued to communicate with the coach on WeChat about the refund.
Xiao Hai said that he was willing to make some compensation for the gym and hoped to return all the money for private lessons to himself. However, the fitness trainer never answered whether Xiao Hai could get a refund, but repeatedly asked him to exercise.
Later, he sued the gym to the West Lake Court, requesting that the membership fitness agreement and private education course agreement signed with the gym be rescinded, and that the total contract amount be returned to 35000 yuan. If any loss is caused to the defendant, he is willing to compensate for the related loss.
Recently, the judges of the West Lake Court organized mediation before the court.
The judge pointed out to the gym, There are many standard terms in the contract provided by them that aggravate consumers' responsibilities and exclude consumers' main rights, and the relevant standard terms do not use special marks such as words, symbols, fonts, etc. that are sufficient to attract the attention of the other party. According to relevant laws, such terms are invalid.
At the same time, the judge also pointed out to Xiao Hai that although he did not go to the gym after buying classes, after the two parties signed the contract, the gym also made some preparations for the performance of the contract, resulting in some costs, He should also bear part of the liability for breach of the contract.
Finally, the gym agreed to negotiate a refund and was willing to return 95% of the contract amount, totaling 33250 yuan. Xiao Hai also said that he was willing to bear 5% of the responsibility. Both parties reached a mediation in this regard.
Consumers should be alert to the mode of "prepayment" becoming "routine loan".
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said in an interview: For consumers themselves, they overdraw their income. For businesses, it cannot control the source of prepaid online loans. For online loan institutions, there is no way to supervise whether the services provided by merchants are suitable and whether there will be refunds.
It is understood that at present, the supervision subject of online lending is not in the education competent department and the market supervision department. Legal scholars have proposed to introduce regulations on the management of online loan prepayment to curb Internet financial risks.
In the absence of supervision and access threshold, online loans are likely to bring certain risks.
While the "online shopping trend" is popular, the reporter also noticed that some operators use group buying and group buying to attract users, so as to make illegal pre charges.
Massive information, accurate interpretation, all in Sina Finance APP
Editor in charge: Pan Qiaochu
