? Nowadays, many people may choose to go to the gym for fitness. If they go to the gym, they are usually required to apply for a fitness card. However, if the gym closes down because of poor management, some people may choose to admit that they are unlucky, but admitting that they are unlucky means bearing the losses themselves. This will be a lot of money. Besides admitting their bad luck, how can they recover their losses?

Ms. Wang recently encountered such a problem. The gym where she went to exercise suddenly issued a notice of closure, and all members will be transferred to another local gym. Ms. Wang came to the door and wanted to refund the fee, but the gym told her that she could not refund the membership fee. As a member of the gym, Ms. Wang could not accept this kind of treatment, so she sued the gym operator to the court and asked the court to decide to refund all the membership fees.

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"I have quit the gym and should not be responsible for refunding my membership fee!" The original operator of the gym pleaded guilty. "We have not breached the contract, and all members can transfer to another gym in this city to continue to enjoy fitness services." Other operators of the gym also raised objections.

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The court found through trial that from 2065438 to April 2009, Ms. Wang paid 1888 yuan to purchase the VIP Extreme Card of the gym, with a service period of one year for a total of 24 months. Ms. Wang began to enjoy the fitness service provided by the defendant from May 2065438 to May 2009. The gym issued a notice of closure on February 27, 2020, and now it has ceased to operate.

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The court held that there was a legal relationship of service contract between the two parties. After Ms. Wang completes the payment obligation, the gym should provide corresponding services as agreed. Now that the gym has stopped operating, Ms. Wang's contract purpose of accepting early consumption cannot be realized, which has constituted a fundamental breach of contract. Therefore, Ms. Wang asked the gym to refund the membership fee legally and reasonably, and the court supported it.

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Finally, the court ruled that the gym refunded the membership fee 1 180.05 yuan to Ms. Wang.

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Lawyer's point of view:

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First of all, according to Article 53 of the Law on the Protection of Consumers' Rights and Interests, if an operator provides goods or services in advance and fails to provide them in accordance with the agreement, it shall fulfill the agreement or return the advance payment according to the requirements of consumers. At the same time, Article 577 of the upcoming Civil Code stipulates that if one party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

In this case, when the gym didn't perform the contract, Ms. Wang Can asked the gym to bear the liabilities for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses. Because the gym closed down, it can't be carried out any more, so we can only take remedial measures or compensate for the losses.

To sum up, the gym should return the balance in Ms. Wang's fitness card.

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Lawyer's prompt;

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Prepaid card consumption is different from the general consumption pattern, and it is generally difficult for cardholders to return their cards without reasonable reasons. Don't trust the merchant's verbal promise before handling the card. You should carefully understand the business scale of the business. After handling the card, you should spend it in time according to the agreed way. If the balance cannot be returned due to the closure of the business, you can complain to the relevant departments. If the complaint fails, you can also bring a lawsuit to the court.