Is this discrimination against the age of the elderly?The swimming card was rejected, and the eighty old man was angry to sue the fitness hall
Author:Yangzi Evening News Time:2022.07.20
Since 1990, Li Guoyu, a citizen of Nanjing, has run a card in the Wutai Mountain Swimming Pavilion. He has changed a lot of swimming pools, but the habit has not been broken. It has been 32 years. Li Guoyu is 82 years old. He is now tough and full of energy because of his long -term swimming. Swimming is Li Guoyu's hobby for a lifetime. Beginning in 2020, Li Guoyu began to swim at the Yincheng Fitness Dongyuan Pavilion at the door of the door, and the wind and rain were unobstructed one Thursday. In March 2022, Li Guoyu was informed that the fitness card could not be renewed due to his age over 80 years old. I insisted on the hobbies for a lifetime, because they are old and do not accept the venue, and now they face the situation where there is nowhere to "swim". Li Guoyu couldn't accept it, and he brought the swimming pool to court in a fierce anger. Yangtze Evening News/Zi Niu Ji Ji Yuxuan
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Old man: Reject renewal on the grounds of age is discrimination against the elderly
Li Guoyu told reporters that on October 14, 2020, he applied for a fitness card at the Silver City Fitness Dongyuan Pavilion, and paid 3,000 yuan in fitness cards. In March 2022, the fitness card expired, Li Guoyu applied for the fitness card renewal, but the result was informed that he was over 80 years old, so the museum refused to renew the visa.
"I am a bit inseparable from this place now." Li Guoyu told reporters that swimming is his hobby for a lifetime. It is precisely because he insists on swimming his own health and good spirit. I used to run a card in the Wutai Mountain Swimming Pavilion, but it took 3 hours to add parking back and forth, which was a waste of time. Later, it was changed to the future water world. Although it was closer to Wutai Mountain, the distance was still far away.
Occasionally, Li Guoyu heard his friends talking about this Silver City Fitness Dongyuan Pavilion and was very happy to inspect. Because it takes only 5 minutes to drive from home, it has greatly saved time. After the card in 2020, Li Guoyu once every Thursday, each swimming time from 30 to 40 minutes. The wind and rain have been unimpeded, and the habit has been formed. Li Guoyu also called his wife together.
Li Guoyu was very disappointed after Li Guoyu informed Li Guoyu's failure to renew the visa. He repeatedly negotiated with the museum and said that his body was very good and would not have problems. He hoped to renew it. However, they were rejected by the museum. Li Guoyu believed that he refused to sign on the grounds of age. The museum was discriminated against the elderly.
Yincheng Fitness Dongyuan Pavilion: No new card is sold at the age of 80 at the age of 80
The reporter learned that this Yincheng Fitness Dongyuan Museum is held by Nanjing Yincheng Fitness Co., Ltd. Xuanwu Branch. On July 19, a reporter from the Yangtze Evening News came to this fitness hall. The reporter came to the museum, and many people came to fitness. This hall was divided into three floors up and down, and the swimming pool was on the first floor. The reporter saw that the pool was very popular.
A venue staff told reporters that this pool is a short pool and is loved by surrounding residents. Especially now that the weather is hot, many citizens can exercise their bodies and cool down through swimming. The staff member also told reporters that children under the age of 16 or less than 1.6 meters have declined to enter. The new card can be renewed without selling a new card at the age of 70, and the new card is not sold at the age of 80.
Speaking of Li Guoyu's situation, the staff member told reporters that Li Guoyu was indeed more than 80 years old. According to the relevant requirements of the museum, it was not stuck. "Li Guoyu usually comes with his wife." The staff member said that his wife was under the age of 80 and could be renewed according to regulations.
The staff member said that the company's legal department has been involved in it.
Reporter investigation-
When I run a card, I am over 80 years old. Why can I run the card smoothly?
It can be seen from Li Guoyu's contract to reporters that in Article 5 of the Code of the Museum, children under the age of 16 or less than 160cm are declined to enter the club's fitness and exercise. However, the relevant requirements of the elderly over 70 years of age are not mentioned in the contract.
Li Guoyu also expressed his doubts to reporters. Since there are relevant provisions of the elderly over 70 years of age in the museum, the age of 80 is over 80 years old, but no relevant staff came to discourage it. Instead, it was successfully run. After the card, I also swim for two years.
In this regard, the staff in the museum told reporters when the relevant requirements of the elderly over the age of 70 are not clear. However, recently, the museum has indeed been sorted out, nor is it not just that Li Guoyu has received such a notice alone. Members over the age of 70 have received corresponding notices.
Is this fitness hall suspected of "elderly discrimination"?
In the complaint of Li Guoyu, Article 3 of the "Protection Law of the Elderly" stipulates that "the elderly have the right to enjoy social services and social treatment." Consumers provide goods or services, and they should abide by social morality and not set unequal and unreasonable trading conditions. "Article 5 of the General Principles of Sports Law stipulates:" The state participates in sports activities to minors, the elderly, the disabled, etc. The right to give it special guarantee. "
Relevant national laws stipulate the rights and interests of the elderly, but this fitness hall chooses to ignore it. Therefore, Li Guoyu believes in the complaint that such behavior is "elderly discrimination".
Li Guoyu's lawyer Jiangsu Youli Law Firm Kang Qiang, Kang Qiang, told reporters after the trial that the defendant did not appear in court, and the two staff members of the enterprise appeared in court. The reporter did not interview the two staff members of the company.
Lawyer Kang Qiang told reporters that the two corporate staff mainly emphasized to the court that the enterprise has independent management rights and believes that they can freely choose the transaction object and cannot force the enterprise to sign a contract.Edit: Qin Xiaoyi
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