Current location - Health Preservation Learning Network - Fitness coach - When I applied for the fitness card, I didn't say that I had to pay for the transfer. Whose responsibility is this?
When I applied for the fitness card, I didn't say that I had to pay for the transfer. Whose responsibility is this?
When I went to the gym to apply for a card, the staff did not specifically explain the relevant matters of the membership card. After the card transfer, the current cardholder went to the gym. The staff said that they wanted to transfer the card, took out the contract signed at that time, and found that there were relevant clauses behind the treaty. I would like to ask, in this case, can you ask the merchants to bear certain responsibilities?

In this case, it is generally impossible to ask the merchant to bear the responsibility.

This situation is very common in the fitness industry. Credit card consumption belongs to prepaid consumption mode. Whether the card can be transferred or given away in the later period, and whether it needs to be charged, should be clearly negotiated with the merchant before issuing the card, subject to the contractual agreement between the two parties. If the consumer and the merchant have an agreement to pay the transfer fee when handling the card, then the behavior of the merchant is in line with the law. As for the standard of receiving cards, the relevant laws do not clearly stipulate that consumers can negotiate with merchants, and should make a comprehensive judgment based on the amount of cards, the degree of fault of consumers, the proportion of goods or services provided by operators in the agreed total amount, the agreed pricing method and other factors.

If there is no clear agreement on whether it can be transferred, according to the principle of contract relativity, the merchant can not agree to the transfer, and it is not illegal for the merchant to collect the transfer fee, but the amount should be agreed on a fair basis.

If the operator does not agree to the transfer, consumers can choose the way of refund. However, if the terms of the contract provided by the operator clearly stipulate that "if the consumer unilaterally terminates the consumption, the operator will not refund the price of the goods or services that have been collected but not yet provided", it violates the relevant provisions of the Contract Law and the Consumer Protection Law and is an invalid clause. In addition, consumers can also ask the industrial and commercial departments for help by calling 123 15.