According to the provisions of the contract law, the party providing the standard terms has the obligation to prompt and explain, and should remind the other party of the terms that exempt or limit its liability, and explain them according to the other party's requirements. In other words, if the fitness center does not remind consumers of the existence of "transfer fee" when signing the contract, it will point it out when transferring the ownership, then this clause is invalid.
When the consumer transfers the fitness card to other consumers, according to the provisions of the contract law, if the creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is invalid to the debtor. However, if the fitness card is transferred to others, the consumer only needs to inform the transfer behavior to take effect, and the fitness club has no right to prohibit or restrict the right of consumers to transfer the membership card.
Because the transfer increases the cost of materials and services for merchants, it is reasonable and legal for merchants to charge a certain fee, but the charging standard should not be too arbitrary. "If there is an agreement in advance, both parties should abide by it. If there is no mandatory fee or the fee is obviously too high, the consumer has the right to refuse and complain to the local industrial and commercial department. " ?
In view of this situation, lawyers remind consumers that when signing relevant contracts and agreements, they must read the terms clearly. Before signing a contract, be careful and read the contract text carefully. If you think the contract is too long and there are too many terms, skip it, which is easy to cause problems.
In addition, before signing the contract, if consumers feel that the "transfer fee" clause is inappropriate, they can negotiate with the merchants and propose to delete or modify it, and then sign the contract after both parties reach an agreement.
Extended data
According to Article 24 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, operators are not allowed to make unfair and unreasonable provisions to consumers by means of standard contracts, notices, statements, shop notices, etc. , or reduce or exempt its civil liability for harming the legitimate rights and interests of consumers.
Regarding whether the transfer fee is reasonable, AIC believes that the transfer of the fitness card does not add other additional obligations to the merchants, and the merchants only changed their names in the computer files and should not charge fees.
Article 26 When using standard clauses in business activities, business operators should draw consumers' attention to the quantity and quality, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other matters related to consumers' vital interests, and explain them according to consumers' requirements.
Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , and 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.
Baidu Encyclopedia-People's Republic of China (PRC) Consumer Rights Protection Law