Ms. Li applied for the postgraduate program of Peking University Radio and Television. In order to get a more secure entrance, she signed up for a company's "package pass" training class. The training fee is 800,000 yuan, and the consulting service agreement is signed. Agreement: 1. During the training period, if Ms. Li requests to suspend the service, she will refund the fee according to the working time limit of the training and the time schedule; 2. Two key statements in the agreement, in any case, the compensation of the training company is up to 80,000; 3. Ms. Li did not enter the first 258,000 yuan in the interview; 4. Those who fail the unified examination will be refunded 600,000 yuan; 5. Both parties agree to submit any dispute to North China for settlement.
Ms. Li participated in the "guaranteed class" training, and her interview results failed to pass the score line of Peking University. Training institutions shall perform their contractual obligations in accordance with the agreement. If they refuse to perform their contractual obligations, they shall be liable for breach of contract. "guaranteed class" is not only the title of a training class, but also contains specific rights and obligations. When the agreed situation occurs and the conditions are met, the training institution cannot fulfill the agreement of "refund of fees" and should bear the liability for breach of contract.
Looking up the first-instance civil judgment (20 13) of the Tongzhou District People's Court of Beijing on the dispute over the education and training contract between Li Bingbing and Beijing Huibo Qidian Education Technology Co., Ltd., Tongzhou Court held that the MBA Student Aid Agreement was the true expression of both parties, and it did not violate laws and regulations and social interests, and was legal and effective. Both parties shall strictly abide by the performance. The original defendant and the defendant reached an agreement that if the plaintiff Li Bingbing failed in the MBA entrance examination, he could choose to refund the training fee or repeat the exam for free the next year. Now the plaintiff, Li Bingbing, asked the defendant to return the training fee after failing the MBA entrance examination, which is justified and supported by our court.
In this case, Ms. Li signed a "class guarantee" agreement with the training institution. Ms. Li failed in the interview, indicating that the training institution did not complete the obligations stipulated in the contract. Training institutions shall bear the obligation to refund fees.