How can I increase my score from 50 points in high school English? Lawyer disassembles off campus training contracts and legal points for refund and rights protection
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A high school freshman posted online asking for help: How can I improve my English score, which is usually around 50? A large number of suggestions quickly gathered below the post - memorizing vocabulary, practicing real questions, finding one-on-one tutoring, and enrolling in online classes. For parents, when they see their children's grades not ideal, their first reaction is often to pay for classes. But as lawyers, we see not only education issues, but also a high-frequency legal risk scenario: how to sign off campus training contracts, whether prepaid fees can be refunded, what to do if institutions run away, and whether false advertising can be claimed. During the school and exam seasons each year, there is a significant increase in contract disputes and consumer rights disputes caused by training refunds. This article explains the legal issues behind the "score increase" from the perspective of lawyer practice.
1、 Before enrolling in a class, check your qualifications first. Training contracts without certification may be invalid
Many parents choose institutions based solely on advertising and reputation, without considering their qualifications. According to the Law of the People's Republic of China on the Promotion of Civil Education and the Interim Measures for Administrative Penalties for Extracurricular Training, subject based training for primary and secondary school students must obtain a school license and cannot be conducted on statutory holidays, rest days, and winter and summer vacations. If the institution does not have a school license or operates beyond its scope, the training contract signed between parents and the institution may be deemed invalid due to violation of mandatory provisions of laws and administrative regulations.
The legal consequence of an invalid contract is that the institution should refund the fees already collected, and parents can claim a refund. In practice, many parents do not know that the other party is unlicensed until the institution is investigated, and the difficulty of safeguarding their rights has increased. Lawyer's suggestion: Before registration, institutions are required to present their school license and business license, and verify whether the name on the license matches the actual operating entity; If it is an online course, you also need to check the ICP filing and fund supervision account. These actions may not take ten minutes, but they can determine whether you have key evidence in your hands when a dispute arises.
2、 The prepayment has been violated for more than three months, and the refund terms are not the organization's the final say
Phrases like 'buy one year and get half a year free' and 'get 20% off for one-time payment' are very common in the training industry. However, according to the Notice on Strengthening the Supervision of Pre paid Fees for Off campus Training Institutions issued by the Ministry of Education and six other departments, off campus training institutions are not allowed to charge or indirectly charge fees with a time span exceeding 3 months or 60 class hours at once. That is to say, if an institution asks you to pay tuition fees for one year at a time, it is already suspected of violating regulations.
A more common pitfall is the refund clause. Many contracts state that 'no refunds will be given after the course starts',' refunds will be subject to a 30% handling fee ', and' gifted class hours will not be refunded '. These clauses belong to standard clauses. According to Article 497 of the Civil Code, if the party providing the standard clause unreasonably exempts or reduces its responsibility, increases the other party's responsibility, or restricts the other party's main rights, the clause is invalid. Parents often use contracts as a bargaining chip when refunding fees, but these "overbearing clauses" may not be legally valid.
In legal practice, the refund amount is generally calculated based on the time when the class has been attended, and the fees for the time when the class has not been attended should be refunded. If the institution engages in false advertising, changes the location or teachers of classes without authorization, or is unable to continue providing services, parents can also claim termination of the contract and demand compensation. The key is to keep the original contract, payment records, class consumption records, and communication records.
3、 How can parents protect their rights if institutions run away or engage in false advertising
Every year, there are news reports of training institutions suddenly closing down and their leaders disappearing. Parents have paid tens of thousands of yuan, but they cannot attend classes and cannot get their money back. In this case, there are several legal paths that can be taken.
Firstly, file complaints and reports to the education administrative department and market supervision department, demanding the investigation and punishment of unlicensed education and illegal fees. Secondly, report to the public security organs that if the institution continues to charge a large amount of tuition fees despite knowing it cannot continue operating, it may be suspected of contract fraud or illegal absorption of public deposits. Thirdly, file a civil lawsuit with the court to demand the refund of tuition fees and payment of liquidated damages. If the institution has been deregistered, shareholder liability can be traced, especially in cases of capital withdrawal or mixed personality, shareholders can be required to bear joint and several liability.
Another high-frequency issue is false advertising. For example, the advertisement claims that "famous teachers teach", "guaranteed 50 points", and "refunds are not available", but in reality, the teachers are unqualified personnel and the promised points cannot be fulfilled. According to Article 55 of the Consumer Rights and Interests Protection Law, if a business operator engages in fraudulent behavior in providing goods or services, it shall increase the compensation for the losses suffered by the consumer at their request, and the amount of the increased compensation shall be three times the price of the goods purchased by the consumer or the cost of receiving the services. If parents can prove that the institution has committed fraud, they can claim a "refund one and compensation three".
4、 Legal advice for parents and students
Returning to the question of the high school freshman: How to score 50 points in English? From an educational perspective, there are many methods available; From a legal perspective, risk control should be implemented before enrolling in a class. The specific suggestions are as follows:
Firstly, prioritize institutions with complete licenses and adequate fund supervision to avoid transferring funds to personal accounts. Secondly, sign a written contract, carefully read the refund terms, breach of contract liability, and dispute resolution methods, and propose modifications to unreasonable standard terms on the spot. Thirdly, if a single payment does not exceed 3 months or 60 class hours, do not be tempted by a "discount" to pay a large fee for sexual intercourse. Fourth, retain all evidence, including contracts, receipts, transfer records, WeChat chat records, promotional flyers, and advertising screenshots. Fifth, once any abnormality is discovered in the institution, file a complaint or lawsuit as soon as possible, and do not wait until the building is empty before taking action.
For training institutions, compliance management is also the bottom line. Running schools without a license, charging fees in violation of regulations, and engaging in false advertising not only face administrative penalties, but may also trigger civil compensation and even criminal liability. Guangdong Zhiming Law Firm has been handling education and training contract disputes, consumer rights protection, and company compliance business for a long time. If you are facing difficulties in refunding fees, institutional absconding, or contract traps, it is recommended to consult a professional lawyer as soon as possible to fix evidence and claim rights through legal channels.
Improving grades takes time, but legal risks can be prevented in advance. Parents' money should be spent in public places, contracts should be signed clearly, and evidence should be kept complete - this is more reliable than any "guaranteed score promise".
