1, the gym is closed, so we can't perform any more, so we can only take remedial measures or compensate for the losses. The balance in the cardholder's fitness card should be returned.
2. Legal basis: Civil Law
Article 566 If the contract has not been performed after dissolution, the performance shall be terminated; If it has been performed, according to the performance and the nature of the contract, the parties may request restitution or take other remedial measures, and have the right to claim compensation for losses.
Where the contract is terminated due to breach of contract, the creditor may require the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties.
After the termination of the main contract, the guarantor shall still be liable for the civil liability of the debtor, unless otherwise agreed in the guarantee contract.
Second, can the yoga club solve the problem of not returning the card?
1, the lawsuit against the yoga club for not returning the card may not be solved. It depends on whether there is a refund clause in the signed contract. This is very important. It's best to negotiate with the yoga club class first. If you can't solve it, go to the Consumers Association or legal channels. Is the reason for asking for a refund because of the problem of the yoga club itself or the problem of the client? If it is a yoga club problem, you can defend your rights according to relevant laws. If it is for your own reasons and the signed contract indicates that there is no refund. It is less likely to get a refund.
2. Legal basis: Consumer Protection Law
Article 40
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. If it is the responsibility of the seller, the producer has the right to recover from the seller after compensation. When consumers receive services, their legitimate rights and interests are damaged, and they can claim compensation from the service providers.
After the gym is closed, you can't continue to perform related obligations. Customers can claim to return the money in the fitness card. If the gym refuses to return it, customers can ask for legal action to safeguard their rights. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.