According to the relevant provisions of China's Law on the Protection of Consumers' Rights and Interests, if a consumer needs to change his/her residence or for other objective reasons, the operator must agree that he/she can't charge extra fees for a 12-month annual card or a three-month season card without limiting the number of consumption within the prescribed adaptation period. The consumer lost his card and asked to report the loss. Operators cannot refuse.
The practice of asking consumers to pay the card transfer fee deprives the other party of the right to change or terminate the contract according to law and infringes on the legitimate rights and interests of consumers. Because, after handling the membership card, the cardholder enjoys the right to enjoy the service, including the cardholder's right to transfer the card. As an obligor, the fitness club only needs to provide corresponding services according to the requirements of the obligee.
The fitness card can be returned.
According to the relevant provisions of China's Consumer Protection Law, the fitness card can be returned.
The Law on the Protection of Consumers' Rights and Interests in China stipulates that if the goods or services provided by operators do not meet the quality requirements, consumers may return them in accordance with the provisions of the state and the agreement of the parties, or require operators to fulfill the obligation of replacement and repair. If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt; After seven days, consumers who meet the statutory conditions for terminating the contract can return the goods in time. If it does not meet the statutory conditions for terminating the contract, it may require the operator to fulfill the obligations of replacement and repair.
The agreement that the fitness card cannot be returned is not an exemption clause, but an act that infringes on the rights and interests of consumers. The services agreed between consumers and gyms are not special goods and services, and should follow the rules that operators should bear the responsibility for replacement and return.
The above contents refer to Baidu Encyclopedia-China Consumer Rights Protection Law.