Introduction
With the increasing attention of society, schools and families to sports, many parents choose to sign up for sports training classes for their children. Recently, Ms. Wang (pseudonym), who lives in Xicheng District, Beijing, reported to Ask Beijing that in May this year, she had just purchased a course for her child from a sports training institution near the school, but in late June, the institution notified it to close its doors. What is strange is that the training institution also temporarily changed the legal representative a few days before the store closed, which made parents suspect that it had encountered the "professional store closure" model......
Purchased a course last month Closes next month
Ms. Wang (pseudonym) mentioned to Beijing (Beijing News and Broadcasting News Hotline 65159063) that the training institution is called "Ledong Physical Fitness", which is located on Baiguang Road in Xicheng District, near Beijing No. 4 Kindergarten, Baizhifang Primary School, No. 66 Middle School and many other schools. The proximity to schools and the occasional promotions have attracted parents to sign up for their children.
Ms. Wang (pseudonym): This place is very convenient near my child's school, and now the high school entrance examination or something doesn't attach great importance to sports, so we signed up for one. There happened to be a promotion, reported in May, more than 60 classes, 9,600 yuan, but I didn't think it would be closed, and it hurt a lot of parents.
Ledong physical fitness location/Baidu map
Just a month after Ms. Wang (not her real name) purchased the promotional course package, the agency first notified the fire protection facility to be renovated, and then suddenly closed its doors.
Ms. Wang (pseudonym): She said that they had to close the store for two days, and then it opened two days later, and it was supposed to open on Saturday morning two days later, but they sent a notice saying that they were not doing well and were going to officially close the store, which was very sudden, and it was still open a few days ago.
Photo by Ledong Physical Training Institution/Reporter
People go to the empty building and there is no way to refund
On June 26th, the reporter of "Ask Beijing" came to Ledong Physical Energy for a field visit. The institution is located on the second floor of the shop on the west side of Baiguang Road, and along the stairs, the reporter came to the door and found that the door had already been locked. Through the glass door, you can see that the ground inside the institution is littered with garbage, and the training venue is stacked with sports equipment. On the glass door are the "Notice of Closure", the business license of the institution and a copy of the ID card of the legal representative.
The reporter noticed that the closure notice said that June 24 to 30 was the offline docking date for institutions and parents, but there was no staff on site. The notice also indicates that there are two placement plans, one is to transfer to another institution, and the other is to negotiate a refund in installments. A parent who came to the scene said:
Ms. Zhang (pseudonym): Don't you see that this is written, the week of the 24th is offline docking, and today Wednesday, the whole person went to the empty building. I definitely want to get my money back, where are the places to transfer classes, and not all classes can be transferred, and some of them can be transferred. Then when I asked how to return the money, I said I didn't know.
At the entrance of the institution/photo by a reporter
Inside/Reporter photo
Suspicion of encountering a "professional closed-shop" mode
The "Ask Beijing" reporter found on the business license posted that the date of issuance of the license was June 20, 2024. Consumer Ms. Wang (pseudonym) said that some parents learned through the enterprise query software that the Ledong Physical Training Institute is affiliated to Beijing Ledong Full Score Sports Culture Development Co., Ltd., and the software shows that its legal representative is Liu Moumao, but on the new business license posted at the door, the legal representative is Liu Moufa, and the parents suspect that this institution uses the "professional closed" model. There have been similar cases reported by the media many times before, and parents believe that there is fraud - finding a person to "carry debts" before closing the store and running away, transferring the debts that the original operator should bear, and evading the responsibility of being the main body of implementation.
Ms. Wang (pseudonym): Some parents in the group said that they seem to use "professional shopkeepers", which is what they specialize in. I later checked, and when he checked the fire inspection, it was June 178, and on June 20, the legal person was replaced, because what, the legal person and the announcement of the closure of the store displayed on this query software are not a person, and they must have been changed.
Legal person before June 20 "Liu Moumao" / provided by the interviewee
Legal person after June 20 "Liu Moufa" / photo by reporter
Agencies owe rent and staff salaries
The "store closure notice" of the training institution has the phone number of the employee in charge of the placement matters, and after the "Ask Beijing" reporter dialed the phone, the employee said that the relevant matters of the refund are still being discussed, and the students can choose to transfer classes at present.
Institutional staff: The current situation is that everyone has already completed the registration, that is, the refund registration, and then it has been reported, and then the refund plan comes out, and then everyone will be notified. If we change classes, we can transfer classes today, and then we can have classes this week.
In addition, the employee also said that the training institution still owes rent and staff salaries, and it is difficult for their internal employees to contact the head of the institution.
Institutional employees: Rent should also be owed Theoretically, then the wages of employees are also owed, the social security provident fund has not been paid, and then it is also owed to parents. The principal also works part-time, and now the principal can contact them, but it is also difficult for us to contact the principal.
Closure notice/photo by reporter
Marketing Office: It is recommended to consult the Sports Bureau
So, how can parents recover the remaining lesson fees? The staff on duty said that sports training institutions belong to the jurisdiction of the Sports Bureau, and if you need to protect your rights, you can also take legal channels:
White Paper Fang Market Office: Prepaid card refunds are looking for this sports bureau. His belongings are equal to half of our service, and then he becomes a legal person and he is gone, right? This should be considered contract fraud. This is the legal way to go.
Sports Bureau: It has been reported to the ward office
The "Ask Beijing" reporter learned that in April last year, the Beijing Municipal Sports Bureau and the Beijing Municipal Administration for Market Supervision jointly issued the "Implementation Rules for the Supervision of Funds in the Field of Prepaid Consumption in the Sports Industry in Beijing (Trial)", which clearly stipulates that "100% of the pre-received funds should be used as depository funds" and included in the scope of supervision. So, as the supervision department of "music and physical fitness", can the Xicheng District Sports Bureau assist parents in recovering the remaining class fees? In this regard, the staff of the Marketing Department of the Xicheng District Sports Bureau said:
Xicheng District Sports Bureau: Account, we are pushing this thing, but we have no real power. Because they belong to market behavior, we do not participate in the operation of the economic market. We are industry regulators, safety production industry regulators, because they all just said what business license is that, and then you say this change of legal person, he will not pass us. It's time to report to the district government now.
Source: Capital Window website
How to sanction "professional closed-minded people"?
In addition, the "Ask Beijing" reporter also gave feedback to the Xicheng District Market Supervision and Administration Bureau on the current controversial issue of "professional store closures", and the staff who answered the consultation call said:
Xicheng District Market Supervision and Administration Bureau: Whether it is the Market Bureau or the Education Bureau, it has no enforcement power in any ministry or commission. It's that he doesn't care about this institution because he has no money, or because he just runs away on purpose, and then the property in his name and his personal freedom, we have no way to control it.
Photo by Ledong Physical Training Institution/Reporter
"Professional Closed-Door Persons" have violated the law
Entrusting a "professional store closer" to close the store and run away from the prepaid payment, can this behavior escape legal sanctions? Guo Feifei, senior legal counsel of Beijing Huicheng Law Firm, said:
Guo Feifei: On the surface, this kind of "professional shopkeeper" can help the operator to evade this responsibility, but if the operator himself carries out the acts of transferring assets, evading debts or illegally reducing capital, then the operator's responsibility is still not exempt, and consumers can still consider protecting their rights and interests through civil litigation and other means.
However, Guo Feifei also admitted that there is a certain cost of legal proceedings, and the amount of money that needs to be recovered in a single case is not large, which discourages some consumers and also leads to the connivance of the "professional store closure" model.
Guo Feifei: There is a case in Fengtai that consumers can indeed use civil litigation to protect their interests, but the cost is very high, and the economic cost and time cost are very high, which may discourage some consumers, thus constituting the connivance of this kind of "professional shopkeeper".
Image source network
It is recommended to strengthen the management of the "prepaid" model
Guo Feifei further suggested that the management of the prepaid model should be refined, and the responsible entities and regulators should be clarified, so as to better maintain the market environment.
Guo Feifei: Even if you collect advance payment, you have to go to the administrative department for industry and commerce to apply for such a license, if there is a corresponding license, then he will definitely have to supervise the licensing department, because his license is a kind of right and a responsibility. At the same time, this functional department must also assume the obligation to supervise this advance payment, so that the specific responsible authorities can also be implemented, so as to better promote the implementation of our policy.
The news hotline will continue to pay attention to the follow-up progress.
Xiao Q said
Encountering a "professional shopkeeper"?
How is the "prepaid" model managed?
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Reporter丨Jin Chuan Editor丨Jin Chuan
Editor-in-Chief on Duty丨October
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