Legally speaking, the essence of applying for a fitness card is that consumers have established a contractual relationship with the main body of the gym related to fitness services.

If you need to return the card, you need to terminate this contractual relationship.

The following are the relevant provisions on the termination of the contract in China.

Article 562 of the Civil Code: The parties may terminate the contract through consultation.

The parties may agree on the reasons for one party to terminate the contract. When the reasons for the termination of the contract arise, the creditor may terminate the contract.

Article 563 of the Civil Code may terminate the contract under any of the following circumstances:

(a) the purpose of the contract cannot be achieved due to force majeure;

(two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;

(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;

(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;

(5) Other circumstances stipulated by law.

That is to say,

There are two ways to terminate the fitness service contract, one is mutual consent, and the other is according to reasonable legal provisions.

Among them, both parties agree on the nature of termination, and will not repeat them.

Reasonable legal provisions mean that you can not consider the prior or current consent of both parties, because the other party has fundamentally breached the contract and made mistakes first, which leads to the failure to achieve the purpose of the contract, so the legal provisions can give you the right to terminate.

There are so many people in the gym that we can't line up. If we can't enjoy the gym service, we can get a refund, but only if we have evidence to prove it.

The following is a case for everyone to learn:

Basic facts Before the Spring Festival, the plaintiff set up a fitness prepaid card in the defendant's gym at a cost of 2,200 yuan. After the Spring Festival, the plaintiff believed that the defendant's gym was overcrowded, the air quality was poor, and the training ground and training equipment were completely inadequate. The plaintiff couldn't exercise well every time he went to the gym, and the time waiting for the use of equipment and venues was longer than the exercise time. The plaintiff thinks that exercising in the defendant's gym is equivalent to wasting time and money.

The plaintiff filed a lawsuit for this.

The court found through trial that after the plaintiff paid the membership fee, the defendant Polaroid Rong Gui Branch had opened its business and provided the plaintiff with fitness places and facilities, and had fulfilled the relevant obligations stipulated in the contract.

At present, the original opinion that the waiting time for equipment is too long to meet their fitness needs has not been supported by evidence, and the plaintiff has not provided evidence to prove that the defendant Polaroid Rong Gui Branch has false propaganda, so the defendant Polaroid Rong Gui Branch is not the breaching party of the contract.

The plaintiff's request to terminate the contract does not conform to the provisions of Article 94 of the Contract Law, and our court does not support it, nor does it support its request to refund the advance payment and compensate for the losses.

What needs to be pointed out here is that the defendant Polaroid Rong Gui Branch, as a fitness service enterprise, should seriously listen to the opinions of consumers, strive to improve the fitness service environment and better serve consumers.

In recent years, litigation disputes caused by fitness consumption have gradually increased, and Shanghai even plans to launch a model contract for setting a "seven-day cooling-off period" for fitness cards.

Xiao Lu suggested that consumers should be cautious when choosing a gym, pay attention to the business qualifications of operators, and check whether the professional skills of fitness instructors and supporting facilities such as fitness equipment are perfect;

Especially in this case, when the service supply of the gym affects the consumer experience and makes the consumer unable to achieve the purpose of the fitness service contract, the evidence should be fixed.

In short, rationally purchase consumer cards according to your own needs. It is suggested not to handle and sign the contract on the spot, but to read the relevant contract terms carefully first; Pay attention to keep relevant contracts, transfer records, receipts, invoices and other materials, so as to protect rights in accordance with the law when encountering consumer disputes.