In the process of dealing with disputes related to the refund of education and training contracts, it is often encountered that educational institutions agree to refund fees, but require a certain amount of service fees to be deducted separately. From the consumer's point of view, there is little left after deducting the training fee of the course. Consumers unilaterally request to terminate the contract, and may also need to deduct a certain percentage of liquidated damages. If a relatively large service fee is deducted, not only can it not be refunded, but it may also be necessary to make up money for educational institutions. This is unacceptable to consumers. From a fair point of view, it is obviously unreasonable for educational institutions to demand a refund of fees and deduct all service fees in advance. If the refund is caused by the fault of the educational institution, there is no doubt that consumers do not need to pay the service fee separately.

Legal basis:

Article 502 of the Civil Code of People's Republic of China (PRC) * * * A contract established in accordance with the law shall take effect upon its establishment, except as otherwise provided by law or agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations.

The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.