Fitness members need to refund the card for personal reasons.

Text/Haidian Court Xu Xingxing, Yang Xiaojing

Due to the inconvenience of going to the gym due to personal moving, consumers negotiated with the gym requirement to refund the card. The gym claims to deduct 30%of the handling fee and then pay back the remaining fee. Consumers believe that the deduction of liquidated damages is too high and sue to the court. After hearing, the Haidian Court was judged to terminate the contract between the two parties, and the gym returned to consumers with a loss of 6,075 yuan.

Mr. Ma complained that he had a two -year fitness card at Lida Fitness Company in November 2021 and spent 9,000 yuan. Since the expected effect is not achieved, after four months, the card refund the card. After deducting the amount of use, Lida Fitness Company should refund the cost of 7,875 yuan for the fitness card.

Lida Fitness Company argued that it agreed to lift the contract relationship between the two parties, but it should deduct 30%of the handling fee liquidated damages from 9,000 yuan of fitness card fees, and then deduct Mr. Ma to use the fitness card for 3 months, 375 yuan per month, 375 yuan per month The cost should be returned 5175 yuan in the end.

During the trial, Mr. Ma said that the reason for his refund was that he went to the gym after moving.

After trial, the court believed that the "Member Supplement Agreement" signed between Mr. Ma and Lida Fitness Company was the true meaning of the parties to the parties, and the content did not violate the compulsory provisions of laws and administrative regulations. The contract obligations shall be fully performed in accordance with the contract. Mr. Ma advocates confirmation of the fitness service agreement in June 2022, and Lida Fitness Company recognizes it, and the court does not have any objections to this. After the contract is lifted, Lida Fitness Company should refund the cost of Mr. Ma's unused part. Regarding the liquidated damages that Lida Fitness Company claims to deduct, according to Article 37 of the member supplementary agreement, Mr. Ma's request for personal reasons will be refunded, and Lida Fitness Company has the right to deduct the liquidated damage. The law stipulates that if the agreed liquidated damages are too high than the loss caused, the parties may ask the people's court to reduce appropriately. In this case, Mr. Ma believes that the standard of liquidated damages is too high. Factors such as the characteristics of the fitness industry and the remaining period of the contract, the subjective fault of the parties, and the reasonable expected interests are taken into account the principles of fairness and honesty. According to law, it is determined that Lida Fitness Company deducts 1,800 yuan in defaults at 20%of the actual storage value of 9,000 yuan. After calculation, Lida Fitness Company should refund the remaining cost of the fitness card to Mr. Ma 6075 yuan. The court finally made the above judgment.

After the verdict, the parties of the two sides were not appealed, and the judgment was now effective.

Judge said:

The application of prepaid card consumption is now everywhere in daily life. It is all fields of education and training, beauty, hairdressing, sports fitness, and cultural entertainment. This case is a prepaid card consumption dispute in the sports and fitness industry. Under the current social trend of fitness and health, the public of the society is not uncommon for fitness and entertainment consumption disputes.

Consumers should maintain a cautious attitude when choosing a fitness company, avoid impulse consumption, and avoid being confused by the propaganda of smallpox. They should fully choose a fitness company with a high cost -effective and cost -effectiveness in order to avoid subsequent lifting of fitness service contracts and refund fees. Bring a lot of inconvenience. At present, some regions have formulated demonstration standards for member service service in the sports and fitness industry, including setting up the seven -day cooling period and clear calculation method of fitness card balance. The so -called "seven -day cooling period" refers to within 7 days from the day after the consumer signing the contract, without the use of membership services without card opening, the contract can be unilateral and required to refund a full refund. Consumers can fully use the calm period system to minimize their own losses.

When signing a contract, consumers should read the terms in an all -round way. The provisions of doubts should be proposed in a timely manner to negotiate and modify it with the merchant. Do not eliminate their legitimate rights and interests due to confused signing. In addition, the default clauses in the contract should also be noted to avoid unnecessary liability for breach of contract without knowing the contract. If consumers request to refund the card for personal reasons, they should bear the liability for breach of contract, but the liability for breach of contract should be equivalent to its faults and merchants 'losses and other factors. Merchants cannot deduct unreasonable procedures from their refund amount because of the opportunity of consumers' breach of contract. fee. In addition, consumers can ask merchants for regular bills when paying fees. Now most of the merchants use mobile payment methods. In this case, many payers are inconsistent with service providers. , Bring unnecessary obstacles to subsequent rights protection. During the consumption process, it was found that the abnormal phenomenon of coaching resources in fitness companies should be taken in time, and the abnormal phenomena such as the poor operation should take timely measures, stop loss, and maximize their own rights and interests.

(The names in the text)

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