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. If the legitimate rights and interests of consumers are damaged when purchasing or using commodities, they may demand compensation from the sellers. If the seller's compensation is the responsibility of the producer or other seller who provided the seller with the goods, the seller has the right to recover from the producer or other seller. Consumers or other victims who suffer personal or property damage due to commodity defects may claim compensation from sellers or producers. If it is the responsibility of the producer, the seller has the right to recover from the producer after compensation.

The agreement that the fitness card cannot be returned is not an exemption clause, but a violation of the Consumer Protection Law. The services agreed between consumers and gyms are not special goods and services, and should follow the rule that "the operator shall bear the responsibility for replacement and return". Moreover, because personal fitness involves personal rights, according to the nature of this kind of contract, it is not an enforceable contract. The fitness service contract formed between consumers and gyms has a strong personal attribute and does not belong to the contract that can be forcibly continued to be performed; Fitness refund is not an unbreakable "iron law". Even if the agreement signed with the gym indicates similar terms such as "no card refund" and "no refund once sold", 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.

If there is a dispute over the rights and interests between the consumer and the operator, and the fitness card is not refundable, it can be resolved through the following channels:

(1) negotiate with the operator.

(2) Requesting consumers' associations or other mediation organizations established according to law to mediate.

(3) Complain to the relevant administrative department.

(four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration.

(5) bring a lawsuit to the people's court.

Legal basis:

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 26 stipulates that business operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting business operators' responsibilities, and aggravating consumers' responsibilities, by means of standard clauses, notices, statements, shop notices, etc. , shall not use format terms and use 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 stipulates that unless otherwise provided for in this Law, business operators who deliberately delay or unreasonably refuse consumers' requests for repair, rework, replacement, return goods, make up the quantity of goods, refund the payment for goods and services or compensate for losses shall bear civil liability in accordance with other relevant laws and regulations.