引言

Introduction

目前，中国依然有很多高中生因为各种原因出国留学，而大部分高中生及其家长会选择留学中介。在我们代理的以下案件中，当事人通过网络选择了一家表面看起来很专业的中介，在付出几十万咨询费以后却达不到预期，甚至被欺诈，要求退费无果，以下为案件情况。

 

At present, there are still many high school students studying abroad for various reasons in China, and most of them and their parents will choose study abroad agencies. In the following cases we represented, the parties chose a seemingly professional intermediary through the Internet, but after paying hundreds of thousands of consulting fees, they found that they had been cheated and asked for a refund without success. The following is the case.

 

 

案情简介

Brief introduction of the case

A同学于2021高中毕业，成绩优异，其有意愿去美国留学。于是他通过在网上寻找留学代理机构找到位于北京的B教育咨询公司，通过阅读其公众号的文章，其大量广告内容显示可以申请到美国前30名的名校，和A同学想要申请美国西北大学的需求相符。故双方签署协议后，A同学支付了36万余元作为咨询费。此后，B公司开始为A同学申请学校，随后告知已经为其申请到了西北大学，但在A同学拿到offer注册学生身份时才发现B公司为自己审理了西北大学SPS 学院，该课程是为美国在职专业人士设计的兼职课程。B公司构成根本违约，此后，A同学向B公司要求退款，B公司认为其完成合同无法退款，双方发生纠纷。双方将争议诉至北海国际仲裁院经过审理，案涉《高端留学服务项目协议》已因B公司根本违约被解除，B公司向A同学返还咨询费及律师费，并承担仲裁费。

Student A graduated from high school in 2021 with excellent grades and is willing to study in the United States. So he found B Education Consulting Company in Beijing by looking for a study abroad agency on the Internet. By reading the articles on its official account, a large number of advertisements showed that he could apply to the top 30 universities in the United States, which was in line with the needs of A students who wanted to apply to Northwestern University in the United States. Therefore, after the two sides signed the agreement, student A paid more than 360,000 yuan as a consulting fee. Since then, Company B has begun to apply for schools for students A.Later, he was told that he had applied to Northwestern University for him, but when student A got the offer to register as a student, he found that company B had examined the SPS College of Northwestern University for himself, which is a part-time course designed for working professionals in the United States. Company B constituted a fundamental breach of contract. After that, student A asked Company B for a refund. Company B believed that it could not refund after completing the contract, and there was a dispute between the two parties. The two parties brought the dispute to the North Sea International Arbitration Court. After hearing, the High-end Overseas Study Service Project Agreement involved in the case was terminated due to the fundamental breach of contract by Company B. Company B returned the consultation fee and attorney fee to Student A and assumed the arbitration fee.

 

 

案情结果（裁决）

Outcome of the case (ruling)

根据《中华人民共和国民法典》第五百零二条、第五百六十三条、第五百六十五条、第五百六十六条的规定，仲裁庭裁决如下：

 

(一)确认申请人A同学和被申请人B公司签订的《高端留学服务项目协议》于解除；

 

(二)被申请人B公司向申请人A同学返还咨询费363431元；

 

(三)被申请人B公司补偿申请人A同学律师费38000元。

 

In accordance with the provisions of Articles 502, 563, 565 and 566 of the Civil Code of the People's Republic of China, the arbitral tribunal ruled as follows:

 

(I)Confirm the termination of the High-end Overseas Study Service Project Agreement signed by Student A and Respondent Company B,

 

(II)Respondent B shall refund the consulting fee of RMB 363431 to Applicant A,

 

(III) The respondent company B shall compensate Applicant A for the attorney fee of RMB 38000.

 

本案焦点和难点

Focus and difficulty of the case

在本案中，最关键的是认定B公司为A同学申请的学校是否双方在合同上约定美国西北大学，申请到西北大学的SPS 学院是否就可以视为完成了合同约定的义务，还有专业undicided(不确定）是不是就意味着成人教育学校和全日制可以随便选择。

在审理过程中，律师提交了A同学和B公司员工的聊天记录，记录显示A同学的父母一再强调不要非全日制的学校，而B公司的员工后期也承认是他们内部沟通交流出现问题，所以为A同学申请了成人教育学院。同时，律师也提交了SPS学院在官网上的说明，西北大学SPS官网非常明确的对外宣称是为在美国继续深造的人士所设计的课程，申请渠道是单独在其官网上申请，而且上课时间也是每周周末和周中的晚上。并且SPS学院是不支持学生签证。B公司认为他们可以利用其他学校的身份为A同学取得学生签证，就读所谓的成人学院，认为申请到成人学院就完成了合同约定的义务，并表示undecided的意思就是没有确定，B公司偷换概念，将专业不确定换成了学院不确定。

 

仲裁庭通过审核双方证据，认为B公司明知A同学及其家长的需求，对其要求赴美留学并申请到全日制的要求予以确认，而B公司偷换概念为A同学申请到的成人教育学院属于根本违约，支持了A同学的请求同时支持了A同学为了维权付出的律师费。

 

In this case, the most important thing is to determine whether the school applied by Company B for Student A is Northwestern University in the United States, whether the application to SPS College of Northwestern University can be regarded as the completion of the contractual obligations, and whether the professional undicided (uncertain) means that adult education schools and full-time schools can be chosen at will.

 

During the trial, the lawyer submitted the chat records between student A and the employees of Company B. The chat records showed that the parents of student A repeatedly stressed not to go to part-time schools, and the employees of Company B later admitted that there was a problem in their internal communication, so they applied for an adult education college for student A. At the same time, the lawyer also submitted a statement on the official website of SPS College. The official website of SPS of Northwestern University clearly claims that it is a course designed for those who continue their studies in the United States.The application channel is a separate application on its official website, and the class time is every weekend and midweek evening. And SPS colleges do not support student visas. Company B thinks that they can use the identity of other schools to obtain student visas for students A and attend the so-called adult college. It thinks that applying for the adult college has fulfilled the contractual obligations, and says that Undecided means that there is no certainty. Company B stealthily changes the concept of professional uncertainty into college uncertainty.

 

After reviewing the evidence of both parties, the arbitration tribunal held that Company B was aware of the needs of Student A and his parents, and confirmed his request to study in the United States and apply for full-time education, while Company B stealthily changed the concept that the adult education Institute applied by Student A was a fundamental breach of contract, and supported Student A's request and the lawyer's fee paid by Student A for safeguarding his rights.

 

律师建议

Lawyer's suggestion

通过这位高中毕业生的遭遇，我们不难看出留学机构市场乱象丛生，学生选择机构时务必擦亮双眼，谨慎对待。在选择高端留学服务项目时，确实需要格外小心，以避免不必要的损失和风险。以下是一些建议，希望能帮到您：

 

①深入了解留学中介机构：在选择留学中介机构之前，务必进行充分的调查和了解。查看其官方网站、社交媒体平台以及客户评价等信息，了解其背景、专业性和信誉度。同时，注意避免过于依赖留学中介机构的口头承诺和夸大宣传。

 

②核实留学项目的真实性：在决定参加某个留学项目之前，务必核实项目的真实性。可以通过与外方学校直接联系，了解项目的具体情况和要求。此外，还可以查询相关教育部门的认证信息，以确保项目的合法性。

 

③谨慎签订合同：在与留学中介机构签订合同之前，务必认真阅读合同条款，并确保理解其中的所有内容。注意合同中关于费用、服务内容、退款政策等方面的规定，避免在后续过程中出现纠纷。

 

④保留相关证据：在整个留学申请过程中，务必保留好所有与留学中介机构之间的通信记录、合同、付款凭证等相关证据。这些证据在后续处理纠纷或维权时将起到关键作用。

 

⑤及时寻求法律帮助：如果您发现自己被留学中介机构欺骗，应尽快寻求法律帮助。SPS学院是成人教育学院，如果在不知情的状态下申请，千万不要为了所谓的出国和名校凑合，就算耽误一年也不要耽误自己一生。

 

最后，如果发生类似情况的学生可以联系我们，我们有成功的案例为您最快追回损失。

 

Through the experience of this high school graduate, we can easily see that the market of overseas study institutions is in chaos, and students must keep their eyes open and be cautious when choosing institutions. When choosing high-end study abroad service projects, we really need to be extra careful to avoid unnecessary losses and risks. Here are some suggestions that I hope will help you:

 

① In-depth understanding of study abroad agencies: Before choosing a study abroad agency, be sure to conduct a full investigation and understanding. Check its official website, social media platforms, and customer reviews to learn about its background, professionalism, and credibility. At the same time, attention should be paid to avoiding relying too much on the oral promises and exaggerated propaganda of the agencies for studying abroad.

② Verify the authenticity of the study abroad program: Before deciding to participate in a study abroad program, be sure to verify the authenticity of the program. Through direct contact with foreign schools, we can understand the specific situation and requirements of the project. In addition, the certification information of relevant education departments can be inquired to ensure the legitimacy of the project.

③ Carefully sign the contract: Before signing the contract with the study abroad agency, be sure to read the terms of the contract carefully and make sure to understand all the contents. Pay attention to the provisions of the contract on fees, service content and refund policy, so as to avoid disputes in the follow-up process.

④ Keep relevant evidence: In the whole process of application for studying abroad, be sure to keep all relevant evidence such as communication records, contracts and payment vouchers with study abroad agencies. These evidences will play a key role in dealing with disputes or safeguarding rights in the future.

⑤ Seek legal help in time: If you find that you have been cheated by a study abroad agency, you should seek legal help as soon as possible. SPS Institute is an adult education Institute. If you apply without knowing it, don't make do with the so-called famous schools for going abroad. Even if you delay a year, don't delay your life.

Finally, if students in similar situations can contact us, we have successful cases to recover losses for you as soon as possible.

 

 

律师介绍

赵宝莲律师

 

北京市京师（深圳）律师事务所进出口法律事务部主任，法律硕士，主要执业方向为涉外诉讼与仲裁、外商投资及国内企业对外投资法律事务、外贸业务法务支撑。

 

电话: 18824679659

邮箱: Zbl3437045@126.com

 

Lylian ZhaoDirector of Import and Export Legal Affairs Department of Beijing Jingsh (Shenzhen) Law Firm, Master of Law. The main professional direction is foreign-related litigation and arbitration, foreign investment and domestic enterprises' foreign investment legal affairs, and foreign trade legal support.

 

Phone: 18824679659

Email: Zbl3437045@126.com

 

陈焮琪  

 

北京市京师（深圳）律师事务所进出口法律事务部主任助理，梧州学院在读生，目前就读于法学院国际经贸规则专业，梧州学院国际经贸与法律研究专班成员。

 

Sankey Chen,Paralegal to the Director of the Import and Export Legal Affairs Department of Beijing Jingsh (Shenzhen) Law Firm, a student of Wuzhou University, is currently studying in the Law School of International Economic and Trade Rules, and a member of the International Economic and Trade and Legal Research Class of Wuzhou University.

 

引言

Introduction

目前，中国依然有很多高中生因为各种原因出国留学，而大部分高中生及其家长会选择留学中介。在我们代理的以下案件中，当事人通过网络选择了一家表面看起来很专业的中介，在付出几十万咨询费以后却达不到预期，甚至被欺诈，要求退费无果，以下为案件情况。

 

At present, there are still many high school students studying abroad for various reasons in China, and most of them and their parents will choose study abroad agencies. In the following cases we represented, the parties chose a seemingly professional intermediary through the Internet, but after paying hundreds of thousands of consulting fees, they found that they had been cheated and asked for a refund without success. The following is the case.

 

 

案情简介

Brief introduction of the case

A同学于2021高中毕业，成绩优异，其有意愿去美国留学。于是他通过在网上寻找留学代理机构找到位于北京的B教育咨询公司，通过阅读其公众号的文章，其大量广告内容显示可以申请到美国前30名的名校，和A同学想要申请美国西北大学的需求相符。故双方签署协议后，A同学支付了36万余元作为咨询费。此后，B公司开始为A同学申请学校，随后告知已经为其申请到了西北大学，但在A同学拿到offer注册学生身份时才发现B公司为自己审理了西北大学SPS 学院，该课程是为美国在职专业人士设计的兼职课程。B公司构成根本违约，此后，A同学向B公司要求退款，B公司认为其完成合同无法退款，双方发生纠纷。双方将争议诉至北海国际仲裁院经过审理，案涉《高端留学服务项目协议》已因B公司根本违约被解除，B公司向A同学返还咨询费及律师费，并承担仲裁费。

Student A graduated from high school in 2021 with excellent grades and is willing to study in the United States. So he found B Education Consulting Company in Beijing by looking for a study abroad agency on the Internet. By reading the articles on its official account, a large number of advertisements showed that he could apply to the top 30 universities in the United States, which was in line with the needs of A students who wanted to apply to Northwestern University in the United States. Therefore, after the two sides signed the agreement, student A paid more than 360,000 yuan as a consulting fee. Since then, Company B has begun to apply for schools for students A.Later, he was told that he had applied to Northwestern University for him, but when student A got the offer to register as a student, he found that company B had examined the SPS College of Northwestern University for himself, which is a part-time course designed for working professionals in the United States. Company B constituted a fundamental breach of contract. After that, student A asked Company B for a refund. Company B believed that it could not refund after completing the contract, and there was a dispute between the two parties. The two parties brought the dispute to the North Sea International Arbitration Court. After hearing, the High-end Overseas Study Service Project Agreement involved in the case was terminated due to the fundamental breach of contract by Company B. Company B returned the consultation fee and attorney fee to Student A and assumed the arbitration fee.

 

 

案情结果（裁决）

Outcome of the case (ruling)

根据《中华人民共和国民法典》第五百零二条、第五百六十三条、第五百六十五条、第五百六十六条的规定，仲裁庭裁决如下：

 

(一)确认申请人A同学和被申请人B公司签订的《高端留学服务项目协议》于解除；

 

(二)被申请人B公司向申请人A同学返还咨询费363431元；

 

(三)被申请人B公司补偿申请人A同学律师费38000元。

 

In accordance with the provisions of Articles 502, 563, 565 and 566 of the Civil Code of the People's Republic of China, the arbitral tribunal ruled as follows:

 

(I)Confirm the termination of the High-end Overseas Study Service Project Agreement signed by Student A and Respondent Company B,

 

(II)Respondent B shall refund the consulting fee of RMB 363431 to Applicant A,

 

(III) The respondent company B shall compensate Applicant A for the attorney fee of RMB 38000.

 

本案焦点和难点

Focus and difficulty of the case

在本案中，最关键的是认定B公司为A同学申请的学校是否双方在合同上约定美国西北大学，申请到西北大学的SPS 学院是否就可以视为完成了合同约定的义务，还有专业undicided(不确定）是不是就意味着成人教育学校和全日制可以随便选择。

在审理过程中，律师提交了A同学和B公司员工的聊天记录，记录显示A同学的父母一再强调不要非全日制的学校，而B公司的员工后期也承认是他们内部沟通交流出现问题，所以为A同学申请了成人教育学院。同时，律师也提交了SPS学院在官网上的说明，西北大学SPS官网非常明确的对外宣称是为在美国继续深造的人士所设计的课程，申请渠道是单独在其官网上申请，而且上课时间也是每周周末和周中的晚上。并且SPS学院是不支持学生签证。B公司认为他们可以利用其他学校的身份为A同学取得学生签证，就读所谓的成人学院，认为申请到成人学院就完成了合同约定的义务，并表示undecided的意思就是没有确定，B公司偷换概念，将专业不确定换成了学院不确定。

 

仲裁庭通过审核双方证据，认为B公司明知A同学及其家长的需求，对其要求赴美留学并申请到全日制的要求予以确认，而B公司偷换概念为A同学申请到的成人教育学院属于根本违约，支持了A同学的请求同时支持了A同学为了维权付出的律师费。

 

In this case, the most important thing is to determine whether the school applied by Company B for Student A is Northwestern University in the United States, whether the application to SPS College of Northwestern University can be regarded as the completion of the contractual obligations, and whether the professional undicided (uncertain) means that adult education schools and full-time schools can be chosen at will.

 

During the trial, the lawyer submitted the chat records between student A and the employees of Company B. The chat records showed that the parents of student A repeatedly stressed not to go to part-time schools, and the employees of Company B later admitted that there was a problem in their internal communication, so they applied for an adult education college for student A. At the same time, the lawyer also submitted a statement on the official website of SPS College. The official website of SPS of Northwestern University clearly claims that it is a course designed for those who continue their studies in the United States.The application channel is a separate application on its official website, and the class time is every weekend and midweek evening. And SPS colleges do not support student visas. Company B thinks that they can use the identity of other schools to obtain student visas for students A and attend the so-called adult college. It thinks that applying for the adult college has fulfilled the contractual obligations, and says that Undecided means that there is no certainty. Company B stealthily changes the concept of professional uncertainty into college uncertainty.

 

After reviewing the evidence of both parties, the arbitration tribunal held that Company B was aware of the needs of Student A and his parents, and confirmed his request to study in the United States and apply for full-time education, while Company B stealthily changed the concept that the adult education Institute applied by Student A was a fundamental breach of contract, and supported Student A's request and the lawyer's fee paid by Student A for safeguarding his rights.

 

律师建议

Lawyer's suggestion

通过这位高中毕业生的遭遇，我们不难看出留学机构市场乱象丛生，学生选择机构时务必擦亮双眼，谨慎对待。在选择高端留学服务项目时，确实需要格外小心，以避免不必要的损失和风险。以下是一些建议，希望能帮到您：

 

①深入了解留学中介机构：在选择留学中介机构之前，务必进行充分的调查和了解。查看其官方网站、社交媒体平台以及客户评价等信息，了解其背景、专业性和信誉度。同时，注意避免过于依赖留学中介机构的口头承诺和夸大宣传。

 

②核实留学项目的真实性：在决定参加某个留学项目之前，务必核实项目的真实性。可以通过与外方学校直接联系，了解项目的具体情况和要求。此外，还可以查询相关教育部门的认证信息，以确保项目的合法性。

 

③谨慎签订合同：在与留学中介机构签订合同之前，务必认真阅读合同条款，并确保理解其中的所有内容。注意合同中关于费用、服务内容、退款政策等方面的规定，避免在后续过程中出现纠纷。

 

④保留相关证据：在整个留学申请过程中，务必保留好所有与留学中介机构之间的通信记录、合同、付款凭证等相关证据。这些证据在后续处理纠纷或维权时将起到关键作用。

 

⑤及时寻求法律帮助：如果您发现自己被留学中介机构欺骗，应尽快寻求法律帮助。SPS学院是成人教育学院，如果在不知情的状态下申请，千万不要为了所谓的出国和名校凑合，就算耽误一年也不要耽误自己一生。

 

最后，如果发生类似情况的学生可以联系我们，我们有成功的案例为您最快追回损失。

 

Through the experience of this high school graduate, we can easily see that the market of overseas study institutions is in chaos, and students must keep their eyes open and be cautious when choosing institutions. When choosing high-end study abroad service projects, we really need to be extra careful to avoid unnecessary losses and risks. Here are some suggestions that I hope will help you:

 

① In-depth understanding of study abroad agencies: Before choosing a study abroad agency, be sure to conduct a full investigation and understanding. Check its official website, social media platforms, and customer reviews to learn about its background, professionalism, and credibility. At the same time, attention should be paid to avoiding relying too much on the oral promises and exaggerated propaganda of the agencies for studying abroad.

② Verify the authenticity of the study abroad program: Before deciding to participate in a study abroad program, be sure to verify the authenticity of the program. Through direct contact with foreign schools, we can understand the specific situation and requirements of the project. In addition, the certification information of relevant education departments can be inquired to ensure the legitimacy of the project.

③ Carefully sign the contract: Before signing the contract with the study abroad agency, be sure to read the terms of the contract carefully and make sure to understand all the contents. Pay attention to the provisions of the contract on fees, service content and refund policy, so as to avoid disputes in the follow-up process.

④ Keep relevant evidence: In the whole process of application for studying abroad, be sure to keep all relevant evidence such as communication records, contracts and payment vouchers with study abroad agencies. These evidences will play a key role in dealing with disputes or safeguarding rights in the future.

⑤ Seek legal help in time: If you find that you have been cheated by a study abroad agency, you should seek legal help as soon as possible. SPS Institute is an adult education Institute. If you apply without knowing it, don't make do with the so-called famous schools for going abroad. Even if you delay a year, don't delay your life.

Finally, if students in similar situations can contact us, we have successful cases to recover losses for you as soon as possible.

 

 

律师介绍

赵宝莲律师

 

北京市京师（深圳）律师事务所进出口法律事务部主任，法律硕士，主要执业方向为涉外诉讼与仲裁、外商投资及国内企业对外投资法律事务、外贸业务法务支撑。

 

电话: 18824679659

邮箱: Zbl3437045@126.com

 

Lylian ZhaoDirector of Import and Export Legal Affairs Department of Beijing Jingsh (Shenzhen) Law Firm, Master of Law. The main professional direction is foreign-related litigation and arbitration, foreign investment and domestic enterprises' foreign investment legal affairs, and foreign trade legal support.

 

Phone: 18824679659

Email: Zbl3437045@126.com

 

陈焮琪  

 

北京市京师（深圳）律师事务所进出口法律事务部主任助理，梧州学院在读生，目前就读于法学院国际经贸规则专业，梧州学院国际经贸与法律研究专班成员。

 

Sankey Chen,Paralegal to the Director of the Import and Export Legal Affairs Department of Beijing Jingsh (Shenzhen) Law Firm, a student of Wuzhou University, is currently studying in the Law School of International Economic and Trade Rules, and a member of the International Economic and Trade and Legal Research Class of Wuzhou University.