The fitness service contract formed between consumers and gyms has strong personal attributes and does not belong to the contract that can be forcibly continued to be performed; Refund of fitness card is not an unbreakable "iron law", even if the agreement signed with the gym indicates similar clauses such as "no card refund" and "once sold, the fee will not be refunded", it should be considered invalid. Before accepting the service, the consumer can request to cancel the contract and the gym will refund the corresponding service fee.
When consumers apply for a card, if they find that the merchant does not return the card, they can raise it with the merchant and negotiate with the merchant according to relevant laws and regulations. If negotiation fails, you can appeal to the administrative department for industry and commerce or the consumer association to avoid damage to your legitimate rights and interests.
Legal basis: Article 26 of the Law on the Protection of Consumers' Rights and Interests stipulates that operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of standard clauses, notices, statements, shop notices, etc. , shall not use format terms and technical means to force transactions.
Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.
Article 48 of the Law on the Protection of Consumers' Rights and Interests stipulates that: unless otherwise provided for in this Law, business operators shall bear civil liabilities in accordance with the provisions of other relevant laws and regulations for consumers' requests for repair, rework, replacement, return, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses.