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According to the case (sixty-seven)

Ganzi Daily October 14, 2019

[Case] Can a consumer request a refund if the fitness coach is changed?

case:

Ms. Li and Ms. Guo have personal training card in a fitness club. Due to the frequent change of coaches in the gym, there are even cases of selfless teaching. Ms. Li and Ms. Guo believed that the service quality of the fitness club had dropped significantly after paying the money for the card, and the request for the refund of the remaining private teaching money was rejected by the fitness club. After repeated consultations, no lawsuit was brought to the court.

The people's court of Kangding City heard that, in accordance with Article 53 of the "Consumer Rights Protection Law," "business operators who provide goods or services in advance shall be provided in accordance with the agreement. Failure to provide in accordance with the agreement shall be in accordance with the consumer's Requirement to fulfill the agreement or return the advance payment, and bear the interest on the advance payment, and the reasonable expenses that the consumer must pay ". The fitness funds submitted by Ms. Li and Ms. Guo are a way to perform the contract. The fitness club shall provide in accordance with the agreement. Corresponding service. The health club violates the agreement unilaterally, and consumers have the right to request a refund of the remaining money. After mediation, the fitness club finally agreed to refund the consumer's remaining private education funds, and the refund was divided into two periods and two months. Ms. Li and Ms. Guo agreed.

Judge comment:

The issue of fitness prepaid card consumption has always been a hot spot for consumer complaints. Here, consumers are reminded to pay attention to the application of fitness prepaid card: first, before the card is issued, the operator's qualifications and business status must be inspected, and the choice of complete licenses, large scale, Enterprises with good reputation and long operating time; when choosing the type of prepaid card, you must make rational consumption, and choose a prepaid card according to your actual situation. Avoid greedy cheap and avoid investing too much at one time. Second, when signing a card contract, the two parties should clearly agree on the service content, such as the scope of service use, validity period, and rules for returning the card. Do not trust the verbal commitment of the merchant. The service agreement must be implemented in the written contract. Third, do n’t forget to ask for an invoice when you apply for a card, and keep written evidence to protect your rights in the event of a consumer dispute.

(Contributed by Xu Longyu, Intermediate People's Court of Ganzi Prefecture, source material: Kangding Municipal People's Court)


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