With the continuous improvement of social living standards, people's pursuit of health and beauty is getting higher and higher, which makes fitness a fashion, especially in cities. However, without Wude, some fitness center owners closed down after a period of operation, or even closed down. Some consumers reported the case to the public security organs with indignation but refused to file a case, while others chose to swallow their anger and avoid masturbation.

Running in the gym, the respondents told everyone how to recover the loss:

First, establish evidence consciousness.

In civil litigation cases, evidence is king to a great extent. After all, the parties have the obligation to prove the positive facts they advocate, otherwise they will bear the unfavorable consequences that cannot be proved. Therefore, before you apply for a fitness membership card, you can check the credit information of the enterprise through the third-party network platform, such as enterprise check and eye check. , check whether there is any litigation-related information involving abnormal business and legal risks, and pay attention to whether the contract object is consistent with the payee. It is best to pay by WeChat, ask for receipts and invoices, and keep the contracts, receipts and invoices properly. If one day the gym closes down or the boss goes to court to sue, he won't lose because of insufficient evidence.

Second, the negotiation failed to bring a lawsuit immediately.

When there is a service contract dispute between consumers and gyms, it is best to solve it through consultation, which saves time and effort; However, because the bargaining power of consumers is weaker than that of gym operators, many gym operators have a weak awareness of the rule of law, so they turn a blind eye to consumers. Because most gyms provide standard contracts, even if they sue in court, in many cases, the defendant will not attend the trial, and the amount involved will be several thousand dollars, so the court will generally adopt a small amount of quick cut procedure.

Third, litigation claims.

China court judges make intermediate judgments based on facts and laws, emphasizing the principle that cannot be ignored. So the plaintiff's claim is very important. Through reading a large number of relevant civil litigation cases, it is found that the claims of such cases generally include: 1. Requesting a ruling to terminate the service contract between the original defendants;

2. Order the defendant to refund the plaintiff's advance payment and bear the interest on the advance payment (calculated according to the deposit market interest rate announced by the National Interbank Funding Center from a certain date to the actual performance date);

3. In this case, the defendant should bear the legal expenses of requesting judgment.

Under normal circumstances, the court will support these three claims, but rarely support the plaintiff's claim for the defendant to pay three times the fraud compensation, unless there is sufficient evidence of fraud according to the Consumer Protection Law of People's Republic of China (PRC), such as the fitness instructor has not obtained the qualification of fitness instructor.

Fourth, timely pre-litigation property preservation.

In order to prevent the defendant from having no property to execute after winning the case, it is suggested to apply to the people's court for corresponding property preservation before the original lawsuit or during the lawsuit.