Chapter VII Liability for Breach of Contract

Article 107 If a party fails to perform its contractual obligations or fails to perform the 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 108 If 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 expiration of the performance period.

Article 109 If one party fails to pay the price or remuneration, the other party may require it to pay the price or remuneration.

Article 110 If one party fails to perform the non-monetary debt or the performance of the non-monetary debt does not conform to the agreement, the other party may demand performance, except in any of the following circumstances:

(a) It is legally or practically impossible to perform;

(2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high;

(3) The creditor fails to demand performance within a reasonable time limit.

Article 111 Where the quality does not conform to the contract, it shall be liable for breach of contract in accordance with the agreement of the parties. If the liability for breach of contract is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 61 of this Law, the injured party may reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return, price reduction or remuneration according to the nature of the subject matter and the size of the loss.

Article 112 If one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party has other losses, it shall compensate for the losses.

Article 113 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of compensation shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.

Operators who provide commodities or services to consumers are fraudulent shall be liable for damages in accordance with the provisions of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests.

Article 114 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract.

If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately.

If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Article 115 The parties may, in accordance with the Guarantee Law of People's Republic of China (PRC), stipulate that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.

Article 116 Where the parties have agreed on both liquidated damages and deposit, if one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause.

Article 117 Where a contract cannot be performed due to force majeure, it shall be exempted from liability in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. If force majeure occurs after the delay in performance, the parties concerned cannot be exempted from their responsibilities.

Force majeure as mentioned in this Law refers to unforeseeable, unavoidable and insurmountable objective circumstances.

Article 118 If one party is unable to perform the contract due to force majeure, it shall notify the other party in time to reduce the possible losses to the other party, and shall provide proof within a reasonable time.

Article 119 After one party breaches the contract, the other party shall take appropriate measures to prevent the loss from expanding; If appropriate measures are not taken to expand the losses, no compensation shall be claimed for the expanded losses.

The reasonable expenses incurred by the parties to prevent the loss from expanding shall be borne by the breaching party.

Article 120 Where both parties breach a contract, they shall bear their respective responsibilities.

Article 121 If a party breaches a contract for the reason of a third party, it shall be liable to the other party for breach of contract. Disputes between the parties and the third party shall be settled according to law or in accordance with the agreement.

Article 122 If a party violates the personal and property rights and interests of the other party, the injured party has the right to require it to bear the liability for breach of contract in accordance with this Law or to require it to bear the liability for infringement in accordance with other laws.

Therefore, first of all, it depends on whether there is a refund explanation in the terms of the agreement signed between the trainees and the training institution, and secondly, it depends on whether there is a breach of contract clause. If the terms in the agreement are clearly written, they should generally be handled according to the terms.

However, if the school has not yet started, it can be handled by both parties through consultation. The best students can explain why they can't study and get the understanding of the other party.