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Is it unreasonable to return 30% of the fitness card?
1. A service contract relationship is formed between the consumer and the gym, and both parties shall perform their respective obligations according to the contract;

2. The consumer's request to return the card is a unilateral termination of the contract, so whether the contract can be terminated depends on the contractual agreement of both parties;

3. Card withdrawal is a consumer breach of contract. Whether it is reasonable to deduct 30% of the liquidated damages should be determined according to the contract between the two parties. If there is a clear agreement in the contract, of course, you can also claim appropriate relief from the court; If there is no clear agreement in the contract between the two parties, the gym needs to prove the calculation basis of liquidated damages.

legal ground

In Article 585 of the Civil Code, the parties may agree that one party shall pay a certain amount of liquidated damages to the other party when it breaches the contract, or may agree on the calculation method of the amount of damages for breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.