The matchmaking company charged Ms. Wang a service fee of 70,000 yuan to introduce her to a blind date, however, the person's actual occupation, income, real estate and other information are very different from what the matchmaker said, can Ms. Wang ask to terminate the contract and refund the fee?
In order to "get rid of the single" as soon as possible, Ms. Wang found a matchmaking company and spent 70,000 yuan to buy matchmaker services. According to the contract signed by both parties, the matchmaking company will provide Ms. Wang with appointments of no less than 12 people within 12 months.
After understanding the requirements for choosing a mate, the matchmaking company quickly recommended the first man and informed Ms. Wang that the man is 1.81 meters tall, the zodiac sign is Pisces, graduated from a key university with a bachelor's degree, an annual income of 550,000 yuan in a state-owned enterprise, and a 120-square-meter independent marriage house in the city.
Ms. Wang went to meet with joy, but later learned that the man's basic education was a junior college, and he did not work in a state-owned enterprise, and lived in a house of more than 40 square meters with his parents.
In order to appease the disappointed Ms. Wang, the matchmaking agency made another appointment for her to meet with a man, and this time Ms. Wang found the photos provided by the man
Filmed ten years ago, there is a big gap between it and the real person, so it asked for the termination of the contract and the refund of the service fee on the grounds that the matchmaking company was cheating and breaching, and the basis of mutual trust was lost.
The matchmaking agency agreed to terminate the contract, but demanded a 30% deduction of the service fee as liquidated damages.
Finally, under the auspices of the court, the two parties reached a mediation agreement to confirm the termination of the contract, and the matchmaking company returned Ms. Wang 65,000 yuan. At present, the company has fulfilled its refund obligations.
1. If there is a breach of contract and the foundation of mutual trust is lost, it is not appropriate to continue the matchmaking service compulsorily
The matchmaking service contract is closely related to the specific mate selection requirements and personal preferences of the service object, and needs to be performed in person, with a certain degree of personal exclusivity, and the basis of mutual trust between the two parties to the contract is extremely important. In the event of a breach of contract by one party, especially the loss of the basis of mutual trust, it is not appropriate to compel the continuation of the contract, but to allow the termination of the contract.
At the same time, when refunding fees, the court will generally evaluate the value of the service based on factors such as the process and progress of the performance of the contract, rather than simply evaluating the value of the service based on the result, if the trustee has properly performed part of the contractual obligations, it is entitled to obtain part of the service remuneration or demand payment of the necessary expenses that have been spent.
Second, marriage agencies should have fewer routines and more integrity
Marriage introduction is a beautiful thing, but the current marriage market is mixed, some "matchmakers" blindly pursue performance, excessive publicity and commitment, price opacity, non-standard services and other chaos frequently, making the industry face a crisis of trust.
In this case, the matchmaking company has been involved in three cases within one year of its establishment, reflecting its problems in compliance management, and the follow-up court will also formulate and issue judicial recommendations on these issues, and send a copy to the industry authorities and industry associations to form a joint governance force and promote the benign and healthy development of the matchmaking service industry.
3. Consumers should pay more attention, observe more, and consume rationally and prudently
The level of services offered by the matchmaking market is uneven, and consumers should be extra cautious. First of all, when choosing, try to compare the "goods" with three companies, conduct extensive research, and choose a large matchmaking agency with a good reputation and good reputation; when signing the contract, it is necessary to understand in detail the service content, service period, refund standards and other information; when paying, it is recommended to consume reasonably according to your actual needs and economic situation. For the blind date introduced by the marriage agency, don't believe too much in the superficial information provided by it, you can ask to see the filing information, service records and other content, and make a comprehensive judgment.
Seasons
Deputy to the Shanghai Municipal People's Congress, First Secretary of the General Party Branch of Xinfeng Village, Zhangjiang Town, Pudong New Area, Shanghai
This case is a typical case of marriage service contract dispute, which has certain warning significance for consumers and the marriage service industry. As an industry born of "love", marriage agencies can help consumers with more expectations to find the "right" person, and only then can marriage agencies and consumers truly achieve a win-win situation.
In this case, the parties finally reached mediation and the case was concluded, which is a realistic portrayal of the people's court's adherence to and development of the "Fengqiao experience" in the new era and the promotion of the resolution of the source of conflicts and disputes. The people's courts will also give full play to the role of "hearing one case and governing one area" through means such as formulating and issuing judicial recommendations and circulating typical cases, and work together with the competent authorities to regulate marriage service establishments and promote the healthy and orderly development of the marriage industry, which is of positive significance for helping to alleviate the problem of single young people in megacities choosing a mate, enhancing the attractiveness of cities, and stabilizing the basic units of society.
Civil Code of the People's Republic of China
Article 7: Civil entities engaging in civil activities shall follow the principle of creditworthiness, uphold honesty, and abide by their promises.
Article 509:The parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
Article 563:The parties may terminate the contract under any of the following circumstances:
(1) The purpose of the contract cannot be achieved due to force majeure;
(2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;
(3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;
(4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract;
(5) Other circumstances provided for by law.
In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.
Source: Shanghai High Court