[Furong lawyer's statement] how to view the content of matchmaking services and refunds

"The order of the parents and the words of the matchmaker" is a marriage system established in the Western Zhou Dynasty in the mainland, and it has been used until the end of the feudal era in the mainland. In the Book of Songs, it is recorded that "I am in the period of sorrow, and there is no good matchmaker", and the marriage introduction - matchmaker played an important role in the marriage of the feudal era in the mainland. With the change of the times, the social role and function of matchmakers have long changed, and until 2022, there are 22,000 matchmaking service-related enterprises in China. According to data from the Ministry of Civil Affairs of the mainland, the number of single adults in the mainland is as high as 240 million, and this social situation has given birth to various online and offline matchmaking service agencies, and has also caused a large number of legal problems related to matchmaking services.

The legal effect of matchmaking services

Matchmaking services can be defined as "the process of introducing spouses to marriage seekers by matchmaking agencies, including marriage information display, matching services, appointment services and supporting networking activities, marriage counseling and other services." In 2009, the mainland issued the national standard GB/T No. 23861-2009 "Marriage Referral Service" for marriage introduction services, which stipulates the provision of marriage matchmaking services and contracts. However, the above-mentioned standards are not mandatory national standards, so the standards for enterprises to provide matchmaking services are still almost consciously implemented by practitioners. In addition, with reference to the 2024 Shanghai Municipal Implementation of the Guidelines for the Compliance Operation of Marriage Agency Service Agencies, the definition of "marriage agency" is expanded to include traditional brick-and-mortar stores and marriage service agencies on emerging online platforms. Judging from the offline and online services provided by the current matchmaking service enterprises, the matchmaking service is actually manifested in three service methods:

1. According to the customer's requirements, the service of matchmaking between the client and the designated object to facilitate the marriage of both parties;

2. Provide customers with services to find and introduce qualified objects according to their situation;

3. We only provide customers with information and communication services related to their unmarried partners.

In the first case, since the specific service counterparty has been determined, the matchmaker service provided by the matchmaker is only to convey the intention of the parties and facilitate the marriage of both parties, even if the matchmaker will provide various services such as dating and friendship in the service, in short, the matchmaker does not have independent ability to make ends meet. In this case, the relationship between the parties is similar to a civil entrustment, and the nature of the fees charged by the matchmaker is more inclined to compensation for gifts or entrustment, and the parties usually do not have the right to claim return.

In the second case, since there is no specific service counterpart, the matchmaker needs to find a matching matchmaker for the parties according to their personality, hobbies, economic status and other mate selection conditions, which is also the most common service method of traditional offline matchmaking service agencies. Due to the need to collect, screen, and identify information in the process of service, and to promote the marriage of both parties through the matchmaker's thinking and clever words, the matchmaker in this service not only has the ability to independently meaning, but also needs to pay corresponding mental and physical work, in this case, the matchmaking service is similar to the intermediary service, and the matchmaker receives the corresponding remuneration for the intermediary service;

The third situation is common in online matchmaking service agencies, where the matchmaking service collects, screens and identifies user information through its platform when the service counterparty is also uncertain, and provides information about matching partners online for selection and contact. On the one hand, its service fees are similar to the charging model of online social platforms, and on the other hand, it will provide matchmaking services similar to traditional intermediary services, and then collect corresponding remuneration.

Disputes over matchmaking service contracts

Many people have the impression that there are many complaints and poor service in the matchmaking service industry, and due to the lack of mandatory service standards and supervision, the legal disputes surrounding the matchmaking service are increasing. In practice, there is no unified fee standard in the domestic matchmaking service industry, and although some companies ask for sky-high prices, they are vague about the details of specific services and cannot be described in detail. When the customer wants to refund after paying the money, the matchmaking platform will refund less or no refund on the grounds that the service has been generated. Judging from the subject matter of existing marriage service contract disputes, the marriage service fees charged by enterprises under such disputes are generally high, mostly ranging from 50,000 to 100,000 yuan.

1. Matchmaking service fraud

In judicial practice, many parties compare matchmaking services to fraud in civil law, and claim a refund of the fees for matchmaking services based on fraud. Generally speaking, after charging a service fee, the matchmaking company will often provide the parties with the agreed candidates, but it is impossible to guarantee that each time the candidates provided, both parties can be satisfied. Therefore, whether it is successful in the end, the matchmaking company is not responsible. Based on this theory, asserting the right to claim will increase the burden of proof on the parties in practice, requiring them to provide evidence to prove the existence of fraud, but the parties are often the weaker parties in the legal disputes of marriage matchmaking.

As far as current judicial practice is concerned, although it is difficult to determine the claim of fraud, the court will often rule that the parties terminate the contract in accordance with the principles of voluntariness and fairness in civil law, and refund the contract money according to the content and time of the services provided by the matchmaking service provider. There will also be judicial practice that recognizes the marriage service contract as an intermediary contract or an entrustment contract, and then makes a judgment with reference to the relevant laws and regulations.

2. The matchmaking service does not match and the fee will be refunded

In matchmaking service disputes, the most common claim is that the matchmaking service fails to meet the requirements, such as a clear or vague refund clause in the contract, and finally requires the matchmaking service provider to refund the full amount of the matchmaking service fee because the party's expected goals are not met or the promise is not fulfilled, which is also the focus of this type of dispute. After the marriage service agreement is legally established and the marriage agency collects the service fee, both parties shall perform their respective obligations in good faith. However, most of the reasons for the parties to claim refunds are that they are "dissatisfied with the person who introduced them" or "they have not introduced the person who meets their requirements". In judicial practice, in the absence of specific provisions on the content of matchmaking services, if a matchmaking agency provides recommendation and referral services in accordance with the requirements of the contract, it can basically be regarded as having fulfilled the contract, and once there is no specific agreement in the contract, such as what is the specific standard of the required candidate (age, education, etc.), or the way of providing the matchmaking service (time, frequency, location, etc.), when the parties request a full refund only because they are not satisfied, they will often be deemed to have fulfilled the obligations of the other party, and thus do not meet the conditions for refund in the contract.

In addition, in the provisions of the current civil law on intermediary contracts, if the intermediary fails to facilitate the matters agreed upon by both parties, the intermediary shall not be required to pay remuneration, but the principal may be required to pay the necessary expenses for engaging in intermediary activities. If the parties are to claim the right to claim restitution on this ground, they may also claim that the matchmaking company should bear the necessary expenses paid for engaging in intermediary activities. However, the basis for this request is whether the judge will consider the matchmaking service to be an act of intermediary.

brief summary

The increase in demand for matchmaking services and the difficulty in determining performance standards for services are inseparable from the subjectivity and particularity of the service. Under the huge demand for matchmaking services, a large number of matchmaking service agencies have problems such as arbitrary pricing, lack of standardized contracts, poor service quality, and difficulty in refunding. Although there are corresponding national standards to provide reference templates for matchmaking service contracts, contracts in practice are still prone to various problems, and unclear agreements are also the root cause of most matchmaking service disputes. All in all, in order to avoid disputes over matchmaking services, the key is to remain sober about the publicity of matchmaking service agencies, avoid falling into all kinds of exaggerated publicity, and clarify the way in which the service is provided by the matchmaking service contract. The high cost of matchmaking may not necessarily be exchanged for love, so don't lose your mind because you are in a hurry to "get rid of the single".

Source: Hunan Furong Law Firm

Author: Yiyan Team Family Lawyer Department Lu Tong

Editor: Liu Meixin