The state stipulates that driving schools should deduct 20 of the liquidated damages for refunds?

In order to better implement the relevant provisions of driver training and effectively safeguard the interests of students, the refund process and standards for the automobile driver test are hereby notified as follows:

1. Students who fail to pass the physical examination after registration will not be charged.

2. Students who pass the physical examination and do not take the subject 1 examination will be refunded in full if they do not participate in the training.

3. Students who have passed the physical examination and have taken the subject 1 test can go directly to the registration hall of the driving school to go through the withdrawal procedures, and the balance will be refunded after deducting the training hours.

4. If the trainees who have participated in the training of subject 2 or subject 3 request to withdraw from the school, the balance will be refunded after deducting the training hours of each subject according to the regulations of the price department.

5. The examination fee of the vehicle management office is 710 yuan, which shall be handled at the vehicle management office of the local traffic police brigade according to the relevant regulations of the vehicle management office.

In the absence of such provisions, it shall be handled in accordance with the contract. Liquidated damages refer to the money that should be paid to the other party if one party breaches the contract according to the agreement of the parties or the direct provisions of the law. The standard for liquidated damages is money, but the parties may also agree that the subject matter of liquidated damages is other property other than money.

Liquidated damages have the effect of guaranteeing the performance of the obligation, and also have the effect of punishing the defaulter and compensating the innocent party for the losses suffered, so some countries use it as one of the measures to guarantee the contract, and some countries use it as a way to bear the responsibility for breach of the contract.

Liquidated damages compensation is the proportion of liquidated damages, depending on the specific content, such as the developer delays the delivery of the house, the liquidated damages are 2/10,000; If the buyer breaches the contract, the deposit cannot be recovered, and the seller returns the deposit twice in breach of contract, etc. In the judicial interpretation, "if a party requests a reduction on the grounds that the agreed liquidated damages are too high, the liquidated damages shall be appropriately reduced on the basis that the liquidated damages exceed 30 of the losses caused; It should be a commentary on the excessively high liquidated damages in the Contract Law, rather than a provision on the proportion of liquidated damages.

The state does not stipulate that driving schools will be refunded, and 20% of the liquidated damages will be deducted.

There is no uniform regulation on the refund standard.

Judging from the service agreement signed at that time, it can be roughly divided into:

1. After the driving school is registered, if you do not participate in the physical examination or fail to pass the physical examination and request to withdraw from the school, a service fee of 50 yuan will be deducted, and some driving schools will be refunded in full.

2. If you have passed the physical examination and have obtained the driving school status, and have not participated in the application form for the subject 1 appointment test and requested to withdraw from the school, the management fee, the liquidated damages on the agreement and the card production fee and physical examination fee that have been incurred will be deducted.

3. If you request to withdraw from school after passing the test of subject 1 and getting on the bus for training, you will be deducted from the management fee, the liquidated damages on the agreement, the card production fee and the physical examination fee that have been generated, and the actual car training fee of 100 yuan to 150 yuan will be deducted for one hour of training.

4. If you take the driving school subject 2 test, regardless of whether you pass the test or not, the tuition fee will basically not be refunded.

5. If the student's complaint is not resolved in a timely and reasonable manner due to the driving school's failure to fulfill the teaching and test commitments, or because the instructor is rude teaching, harassing female students and other non-standard teaching behaviors, the expenses incurred will be deducted.

The state does not have specific regulations on driving school refunds. It is just that the general contract law applies. There is no such thing as a 20% liquidated damages. The key depends on how it was agreed in the first place.

I took the first subject, and I didn't take the test for a day of practice, and the car buckled me, 2000

Can I get a refund for the tuition I paid in the bus driving school in 06? I returned how much I paid 5,000 yuan.

It depends. 1. After registration, if you do not participate in the physical examination or fail to meet the requirements of the physical examination and withdraw from the school, a service fee of 50 yuan will be deducted. 2. If you have passed the physical examination and have obtained the driving school status but have not applied for the application form for the subject 1 appointment test and request to withdraw from the school, 150 yuan will be deducted from the filing and service fee.

3. If you have applied for the subject 1 appointment test application form at the driving management office, and participated in the theoretical training organized by the driving school, if you are hungry and do not participate in the subject 1 test and ask to withdraw from school, you will be deducted from the filing, service fee of 200 yuan and theoretical training fee of 150 yuan. 4. If you fail to pass the examination of bad hand subject 1 and request to withdraw from school, you will be deducted 250 yuan for filing and service fees, and 150 yuan for theoretical training.

Legal Analysis: If a contract has been signed, it is a case of reasoning, because you have agreed to the relevant rules at the time of signing the contract. Generally, driving schools will not have so many deductions, and the general deductions are deducted according to the class hours and registration fees.

For example, according to the normal course 2 and subject 3 62 credit hours, according to the amount of the previous credit hour in the contract. The fee for a few hours will be deducted after a few hours of study. If you have already registered for subject 1, you will also have to deduct the relevant examination fee.

The registration fee for the DMV is non-refundable. Therefore, for any contract, you need to understand it in advance before signing, which can avoid a lot of trouble.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it does not perform its obligations under the contract, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Since the fees of each driving school are different, there is no uniform standard for refunding the tuition fee, and it is still necessary to follow the contract signed when applying for the driving school. In principle, the cost of not producing a sedan branch can be refunded. If the examination fee, production cost and training fee are incurred, they will be deducted from the fee paid, and the remaining part will be refunded to the student.

Of course, there will also be some driving schools that will deduct liquidated damages.

Special reminder that when applying for a driving school, you must keep the relevant bills and contracts, because once you lose the formalities, it will be very troublesome, and whether you can get a refund at that time will be a question mark. After all, you must know that a driving school is a business, and for the purpose of profit, it is not very happy to return the money.

If there is a dispute over the refund of the driving school, which department will accept it? At this time, you can complain to the traffic management department where the driving school is located, or you can directly call 12328 to report the situation.

It should be noted that if you change to a driving school, you need to pay again, after all, the new driving school has no connection with the previous driving school, and it is also necessary to pay the money again. It should also be noted that if the original driving school does not help with the transfer of the results of the subjects passed in the original driving school, the new driving school will need to retake the test, so the student should make a decision after weighing it twice.

After applying for the examination, those who fail to participate in the physical examination or fail the physical examination and request to withdraw from the school will be deducted 50 yuan service fee. Those who have passed the physical examination and have obtained the driving school status but have not applied for the appointment test application form and request to withdraw from the school, 150 yuan will be deducted from the filing and service fees. If you fail to pass the subject 1 exam and request to withdraw from school, you will be deducted 250 yuan for filing and service fees, and 150 yuan for theoretical training.

If you pass the optional subject test and ask for a refund before the test, the tuition fee will not be refunded.

How to determine the proportion of liquidated damages.

1) The liquidated damages shall be determined by the two parties through negotiation, and there is no limit on the amount, which is generally determined according to the size of the losses that may be caused by the breach of contract by both parties.

2) After the occurrence of a breach of contract by one party, if the non-breaching party requires the breaching party to bear the liability for breach of contract, if the agreed liquidated damages are "lower" than the actual losses, the non-breaching party may sue the court to request an increase in the liquidated damages; If the agreed liquidated damages are "excessive" higher than the actual losses, the breaching party may sue the court to request a reduction of the liquidated damages.

The issue of liquidated damages will be clearly stipulated in the regulations of the driving school, so you can deal with it in accordance with the relevant regulations, but there is a lot of controversy in life, so you need to fully understand the relevant regulations, and minimize your own mistakes in the operation of the program, so that you will have a complete program operation space for your own problem handling.

In order to prevent the occurrence of breach of contract, the driving school and the instructor will usually stipulate the proportion of liquidated damages, and under normal circumstances, the driving school agreement will not exceed 1,000 yuan, which is due to the fact that the cost of driving school registration is not high.

Legal basis: Civil Code of the People's Republic of China

Article 495: A letter of subscription, a letter of order, a letter of reservation, etc., in which the parties agree to conclude a contract within a certain period of time in the future, constitutes an advance contract. If one of the parties fails to perform the obligation to conclude the contract as stipulated in the reservation contract, the party may request it to bear the liability for breach of the reservation contract.

Article 522:Where the parties agree that the debtor shall perform the debt to a third party, and the debtor fails to perform the debt to the third party or the performance of the debt does not conform to the agreement, it shall bear the liability for breach of contract to the creditor. Where the law provides or the parties agree that a third party may directly request the debtor to perform its debts to it, and the third party fails to expressly refuse within a reasonable period of time, and the debtor fails to perform the debts to the third party or the performance of the debts does not conform to the agreement, the third party may request the debtor to bear the liability for breach of contract; The debtor's defense against the creditor may be asserted against a third party.

Summary. A driving school is a training unit that teaches people to drive safely and civilly, and assists them in passing the test of the vehicle management department to obtain a driver's license. According to the catalogue, it should be classified as a training unit in the transportation industry, but due to the high degree of marketization, a more reasonable method should be classified as a service industry in the tertiary industry.

Generally, it refers to a motor vehicle driver training school, and sometimes a pilot driving training school can also be referred to as a driving school.

Dear, I'm happy to answer for you, it is not legal to deduct 2000 liquidated damages from driving school tuition fees. It is possible to jibao directly. If there is an agreement on the same, it shall be performed in accordance with the relevant provisions on unilateral termination and liquidated damages in the contract.

If there is no contract, the driving school shall refund the remaining tuition fees after deducting various fees and training expenses.

A driving school is a training unit that teaches people to drive safely and drive in a civilized manner, and assists them in passing the test of the vehicle management department to obtain a driver's license. It should be classified as a training unit in the transportation industry, but due to the high degree of marketization, a more reasonable approach should be to classify it as a service industry in the tertiary industry. Generally refers to the motor vehicle driver training school, and sometimes the pilot driving training school can also be referred to as the driving school.