First, the education and training contracts signed by both parties clearly stipulate that this mainly happens in some very mature institutions or institutions with high fees (guaranteed). If this agreement is not conducive to consumers, it may be considered invalid and needs specific analysis.
The second is the administrative measures for the refund of fees of educational institutions formulated by the provincial education department. In judicial practice, some judges refer to this document to calculate and determine the amount of refund.
Third, the judge has discretion, which generally refers to the refund of the remaining fees after deducting the training fees that have already occurred. The judge may also properly consider the degree of fault of both parties according to the principle of fairness.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578 Where a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the time limit for performance expires.
Article 579 If one party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may demand payment.