Current location - Health Preservation Learning Network - Fitness coach - Is it reasonable to refund 30% of the gym fee?
Is it reasonable to refund 30% of the gym fee?
It is reasonable for the gym to refund 30%. Refusal to sign a visa 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, 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.

There is a service contract relationship between consumers and gyms, and both parties should fulfill their respective obligations according to the contract. 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. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages. From the gym's point of view, the sales commission should be paid in advance, and the class commission should be given as much as possible, which requires cost and cannot be fully refunded. Legally speaking, no agreement can be greater than the national law, and it is useless to sign an illegal agreement, but you must sue to make a judgment.

Legal basis: Article 15 of the Measures for the Administration of Single-use Commercial Prepaid Cards.

The card issuing enterprise or the card selling enterprise shall publicize or provide the articles of association of the single-use card to the card purchaser, and sign a card purchase agreement at the request of the card purchaser. The card issuing enterprise or the card selling enterprise shall fulfill the obligation of prompting and informing to ensure that the card purchaser knows and recognizes the articles of association or agreement of the single-use card.

The articles of association and the card purchase agreement of the single-purpose card shall include the following contents:

(a) The name, type and function of the single-use stored-value card;

(two) the purchase (recharge), use and return of single-use cards, and the loss reporting card should also include the methods of loss reporting and transfer;

(3) charging items and standards;

(four) the management mode of advance payment;

(five) the rights and obligations of the parties;

(6) Principles of dispute settlement and liabilities for breach of contract;

(seven) other matters stipulated by relevant laws, regulations and normative documents.