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In recent years, confinement centers have blossomed everywhere, and during the period commonly known as "confinement", both mothers and newborns can receive professional care services. Mr. Qi of Nanchang, Jiangxi Province, found a confinement center for his pregnant wife last year, but because of an unexpected situation, he hoped to terminate the contract. However, it is easy to pay money and it is difficult to return money.
In October 2021, Mr. Qi signed a service agreement with the Ai Yuezi International Maternal and Child Care Center located on Aixihu South Road in Nanchang City: for one month from the end of April in the due date, the confinement center would provide confinement services for Mr. Qi's wife and upcoming twin children, for which Mr. Qi would need to pay 59,000 yuan. However, in early March, Mr. Qi's wife was born prematurely.
Consumer Mr. Qi: Born on the evening of March 4th, both children are still in the intensive ICU and cannot be discharged from the hospital in time, so they cannot be admitted to the confinement center.
Mr. Qi said that he was worried that an adult and two children needed to be taken care of at the same time, and the family could not take care of it, so he booked the confinement center. Now, both children are being treated in hospitals, and he hopes to terminate the contract with the confinement center and get back the deposit of 17,000 yuan previously paid. However, the Confinement Center said that a penalty for terminating the contract would be required.
Consumer Mr. Qi: The refund will deduct 20% of my total amount, and after negotiation, it is said that 10% of the total amount is deducted, which is nearly 6,000 yuan.
Mr. Qi looked over the contract signed before and found that Article 9 clearly stipulated that if a mother or infant could not receive services due to poor health conditions, illness or other reasons before check-in, Party A had the right to terminate the contract and get all the deposits. And isn't this the case that I am currently encountering? Therefore, Mr. Qi believes that the confinement center should refund the deposit in full.
To this end, the reporter and Mr. Qi came to the Ai Yuezi International Maternal and Child Care Center together and found the person in charge of the institution. The other party said that the reason why Mr. Qi's expenses were deducted was because the agency also paid a lot of manpower and time costs for this order.
Ai Yuezi International Maternal and Child Care Center Longines Bay Store In charge: From the date of signing on October 31 last year, to the current 6 months, this room is locked and not sold.
Mr. Qi believes that there are still nearly two months to go before the agreed service start date at the end of April, and there will be no delay in the follow-up business of the Yuezi Center. Moreover, there is a clear provision in the contract that it is hoped that the other party can execute according to the terms of the contract. In this regard, the head of the agency has a different understanding of the terms of the contract.
AiYuezi International Maternal and Child Care Center Longines Bay Store Responsible Person: When the baby in the "maternity or baby" indicated in the terms is in a situation where party B cannot accept party B's services, party A has the right to terminate the contract, and the premise of the previous is that you should not ignore it, and bao mama can accept services, and it is not healthy that the baby is not bao mama.
The two sides have their own views on this. The reporter also contacted a lawyer to interpret this provision.
Lawyer You Cuihua: The contract uses an "or" word, that is, whether it is a mother or a baby, because of poor health and cannot receive services, he has the right to terminate the contract.
As of press time, the two sides are still in consultation. For this matter, the reporter will also continue to pay attention.