In the case that the gym is closed and the contract cannot be continued, the consumer can ask the merchant to cancel the prepayment contract, return the balance of the prepayment, and can ask the merchant to compensate for the loss. If the above communication fails, consumers should promptly complain to the Consumer Protection Committee, the Market Supervision Bureau and other relevant departments for consultation and mediation. If mediation fails, consumers can bring a lawsuit to the people's court where the gym is located or where the merchant is located with valid evidence.
Article 563 of the Civil Code of People's Republic of China (PRC) stipulates that in any of the following circumstances, the parties may terminate the contract: before the expiration of the performance period, one party clearly indicated or indicated by its own behavior that it would not perform the principal debt.
Article 566 of the Civil Code of People's Republic of China (PRC) stipulates that after the termination of the contract, if it has not been performed, 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.
Matters needing attention for consumers to apply for a card in the gym
First, to apply for a fitness card, you should understand the qualifications of the business: before choosing a fitness institution, consumers must first determine whether the business has formal qualifications and choose a gym with complete licenses, large scale, complete equipment and good reputation.
Second, you must sign a written agreement when you apply for a fitness card: when you apply for a card, consumers must sign a written agreement with the merchants, read the terms carefully, and be aware of it, requiring the operators to affix their official seals and ask for invoices or receipts to prevent consumer disputes.
Third, try to avoid handling large-sum fitness cards: consumers should try not to save too much money at one time, and should not ignore the potential risks because of the large discount rate of businesses, so as to avoid property losses caused by the closure of businesses.
Four, do fitness card should fully consider their own actual situation: consumers should comprehensively consider their own physical condition, hobbies, fitness time, etc. And don't blindly rush to spend it on the promotion of fitness stores for the time being.
Baidu Encyclopedia-People's Republic of China (PRC) Civil Code