Emotional problems, breaking up with ex-boyfriend and ex-girlfriend, can you find an emotional training institution to save it? In July 2020, Liu Fei, a girl from Guangzhou, told Southern Reporter that she had paid the tuition fee of 10000 yuan on the platform of Xingyuan Emotional College. However, after more than a week of training, she believes that the tutor has not fulfilled her guidance obligations and the institution has not solved her emotional problems. So, she offered a refund to the intermediary, only to find that the training fee paid by Party B stated in the contract that "no refund will be given unless otherwise agreed in the agreement".

After Liu Fei complained on the government hotline platform, the company agreed to negotiate a refund, but instead of deducting 30% of the liquidated damages as agreed in the negotiation process, the refund was delayed, and finally only 2000 yuan was refunded.

Tutor: "Don't tell your family that you can control your own happiness."

Liu Fei first learned about "Xingyuan Emotional College", which he happened to see in the push of Tik Tok. At that time, Liu Fei had just broken up with her boyfriend, and she couldn't let go of her feelings. She happened to see the advertisement of Xingyuan Emotional College. With the idea of giving it a try, she spent 9.9 yuan in the merchandise window of Xingyuan Emotional College to buy a set of packages called "Annual VIP Member of Xingyuan Emotional College", hoping to learn how to save her boyfriend.

Interface of the platform involved.

After purchasing VIP membership, Liu Fei added an assistant to Xingyuan Emotional College. Assistant analysis said that Liu Fei's problem can only be solved by one-on-one tutor's phone call and WeChat communication. On the recommendation of her assistant, she paid 99 yuan and got in touch with a professional tutor in a so-called institution. The tutor told Liu Fei that they had done many such emotional recovery programs, and the chances of recovery were high. "You must have confidence in yourself. It would be a pity if you don't recover." At the same time, the tutor provided a new emotional recovery package, indicating that after buying the package, there will be a tutor to guide Liu Fei one-on-one.

When Liu Fei said that his family didn't think highly of his relationship, the other tutor reminded him: Don't tell your family that you should control your own happiness. So, Liu Fei, who was moved, chose to believe that "he can master happiness". A person who claimed to be a teacher's assistant added her WeChat and asked her to pay 45 days' tuition for emotional recovery, with a total value of 15800 yuan. Liu Fei and the organization agreed to pay by installments, and the tuition fee was paid temporarily 1 ten thousand yuan. "I think now he won't let me tell my family, that is, the authorities are fascinated. If someone in my family knew, he wouldn't let me pay the money, "Liu Fei said in an interview.

Contract: "Unless otherwise agreed, the payment made by Party B will not be refunded"

After vlon paid the money, the other party sent a document, indicating the need for Liu Fei's signature. "They said they would file for me. I thought I wanted real-name authentication, so I signed it, and I didn't read the contents of the document, "Liu Fei said when referring to the contract.

After reading the contract signed by Liu Fei, the reporter found that Party A (Xingyuan Emotional College) accepted the entrustment of Party B (Liu Fei), appointed an emotional tutor for Party B, and provided emotional training and guidance services such as marriage and love for Party B through communication methods such as WeChat and telephone to help Party B get rid of the confusion encountered in emotional life. In terms of Party B's rights and obligations, Party B's rights only refer to: enjoying one-to-one customized service and having the right to change tutors for no reason. Other than that, it's all about Party B's obligations. If Party A does not accept or cooperate with Party A's suggestion, Party A may directly terminate the service without refund.

"Exemption clause" and other clauses in the contract.

In addition, in terms of "exemption clause" and "price collection", the contract states that "the thoroughness of Party B's self-effort is the basic guarantee of emotional effect", and Party A will not be responsible for the emotional purpose that has not been realized due to Party B or any other third party. After the contract comes into effect, unless otherwise agreed in this agreement, the money paid by Party B will not be refunded.

Refund: I waited for two weeks and got a refund of 2000 yuan.

From July 9th, Liu Fei paid the money to July 22nd, and she asked for a refund, but it was only two weeks.

According to the screenshot sent by Liu Fei to Du Nan, when she paid successfully, a "Zibo teacher" joined the group chat and was responsible for her emotional guidance. "For a week, I chatted with me in the WeChat group every day. Most of the time, I am still talking. During the period, I asked him to solve the problem and only sent me two audio files of about 30 minutes each, four or five words of documents, without any substantive guidance; In addition, after I paid the money, I realized that my tutor still had time to go to work, rest on weekends and didn't provide services, "Liu Fei said when recalling the process of the emotional recovery project. "

Liu Fei's mentor.

In the chat records provided by Liu Fei, several students complained that the tutor was irresponsible and felt cheated in the group chat, but the platform's handling method was to immediately dissolve the group chat and start a new group.

Liu Fei saw that he had paid a large sum of money but couldn't get any results back, so he complained to the company on the platform of 123 15 and offered a refund on July 22nd. At this time, the other party said that she had been training for 14 days, and the corresponding service fee should be deducted. "This includes two weekends and four days." Liu Fei was very dissatisfied.

Xingyuan Emotional College said that on this basis, Liu Fei should be deducted 30% of the liquidated damages, and promised to refund part of the amount within 3 to 5 working days, provided that Liu Fei cancels the complaint on the platform 123 15. Liu Fei agreed to this condition because he was in a hurry to use the money. However, on July 24th, the other party didn't respond. Until July 27th, Liu Fei urged the other party again, and finally received the 2,000 yuan returned by the other party on August 3rd.

Customer service: the parties need to communicate with the platform.

The reporter found that the "Xingyuan Emotional Academy" platform belongs to Guangzhou Happiness Youyuan Education Investment Co., Ltd., and the legal representative is Zhang Wen. Business scope and emotional training guidance only involve psychological counseling services and marriage services.

After the reporter consulted, he wanted to carry out emotional training, from purchasing VIP members to the next process, which was basically the same as Liu Fei's experience, ranging from five to six thousand yuan to ten thousand yuan. The platform promotes emotional problems such as husband's derailment, boyfriend's breakup, WeChat being hacked, parents' opposition to marriage, and mother-in-law relationship. As can be seen from the official accounts of official website and WeChat, the names of tutors in the tutoring group are mostly net names or pseudonyms, and tutors also sell knowledge goods, namely course packages such as emotional recovery, relationship promotion, flirting and derailment repair, and the prices are mostly around 600 yuan.

In August, in view of the above case, Du Nan reporter contacted the customer service at the front desk of Xingyuan Emotional College, and the other party suggested calling the after-sales customer service. The reporter called the after-sales phone of the platform, and the staff said that the instructor of the institution is qualified and has a professional certificate. What is the specific certificate? In response to this problem, the after-sales response said that it was "inconvenient to inform". The other party said: It is best to let the parties contact the platform to verify the specific situation; Refund matters also need to be negotiated and communicated between the parties and the tutor.

Complaint: Most of them are women.

The reporter learned that Liu Fei was not the only one who felt that emotional training was "unreliable". Ceng Min said that she had paid for the platform of "Xingyuan Emotional College" to try to save her boyfriend. However, the other party sent her a pile of materials directly, asking her to "cultivate her emotional value", and the tutor could not communicate with her every day. Ceng Min recalled to Southern Reporter that when she first came into contact with the platform, a little assistant asked Ceng Min to add a teacher to WeChat, and 99 yuan helped her analyze it. The teacher said that the situation was relatively relaxed, and it was estimated that I would be able to meet my parents during the New Year.

"Give me 20 minutes to think about it. They said this time, and I have to go through the process again," said Ceng Min, who signed up for the training for half a month and paid 2,500 yuan. On the first day of training and study, she felt something was wrong. The other party only sends theoretical materials for her to learn, and then she finds someone to learn to chat. She thought she had been completely cheated: "I couldn't get a refund, so I had to continue, but I didn't provide any substantive services and I couldn't learn anything." Just in time for the National Day holiday, I only guided for eight or nine days in half a month. "After these things, Ceng Min came to the conclusion that the so-called redemption is a routine, which backfires, losing his wife and losing his soldiers.

In mid-August, the reporter saw on the complaint collection platform that the total number of complaints of "Xingyuan Emotional College" reached 50, and the complaint time was the first half of 20 19. From the observable data, most of the complainants are women, and the consultation time is concentrated on just breaking up with their lovers and trying to recover; They all saw the advertisement of "Xingyuan Emotional College" on different new media platforms. Most of their complaints are: the agency is suspected of inducing payment, misleading propaganda, overlord clause, the recovery process is not in line with my expectations, and the service is not commensurate with the charges.

Some complaint cases.

In these cases, they experienced similar ups and downs. Attracted by the propaganda of emotional recovery on the platform, after adding a customer service assistant, the other party will say that to solve the problem, more professional teachers are needed for one-on-one training and guidance, and then layers of recommendations are made to induce consumers to continue to pay. When consumers are in a state of anxious to recover their emotions, they think that there is a great opportunity at this time and it is now or never, so they will pay for the contract. However, once the money is paid, it is found that the service is completely different from the imagination and cannot achieve the expected effect; When I regret it, I look back at the contract and find it difficult to get a refund.

Links: Legal Approaches in Disputes

In the face of similar refund problems, some people choose to take judicial channels. 20 17 Chongqing 90-year-old Mr GUI (plaintiff) v Chongqing cultural communication co., ltd (defendant). Mr. Gui claimed that the two parties signed the Marriage and Family Service Contract on February 20 18 17, stipulating that the company would provide emotional recovery service and Mr. Gui would pay the consulting service fee. After the signing of the above contract, he paid 5000 yuan before and after, but the company did not provide corresponding services. In addition, the object of emotional recovery has been married to another person, and it is no longer possible to achieve the purpose of emotional recovery. Therefore, Mr. Gui appealed to cancel the contract; After the termination of the contract, it is required to return the paid service fee.

Regarding whether the paid service fee should be refunded, the court held that according to the statements of both parties, the defendant provided certain services from the signing of the contract to the termination of the contract. According to the nature and actual performance of the contract, the court ruled that the plaintiff should pay the defendant a service fee of 2000 yuan. Now the plaintiff has paid the defendant a deposit of 1000 yuan and a service fee of 4,000 yuan. After deduction, the defendant shall refund the plaintiff the service fee of 3000 yuan.

(In this article, Liu Fei and Ceng Min are pseudonyms. )

Written by: Intern Tan Nandu, reporter