Legal provisions on contract termination and reimbursement of membership fees
Have you paid monthly contributions for the use of a fitness studio that had to close during the corona pandemic? You are not alone with this problem. Over the past year and a half, many gyms have been forced to shut down for extended periods of time. Some operators then extended the contract period on their own initiative or continued to collect the monthly fees.
Many customers ask themselves: What is the legal situation here? In the following we would like to give you a brief overview of your legal options. We are at your disposal for advice in individual cases.
No special right of termination for customers
According to the currently prevailing legal opinion, customers currently have no special right to terminate the fitness studio contract. This was recently confirmed by the Freiburg (Breisgau) regional court (Az .: 9 S 41/20) in an appeal. After a lawsuit to establish the termination of the fitness studio contract through a special termination had been filed, this was dismissed in the second instance. Although the performance (provision of fitness offers) has temporarily become impossible due to legal ordinances on the closure of the studios, in the opinion of the court this does not constitute an important reason for the termination of the fitness studio contract.
For you this means: Once the contract has been concluded, it remains in effect with the agreed term and the termination regulations and notice periods. Early termination on your part due to the corona pandemic is not permitted.
No obligation to pay membership fees
The settlement of contribution payments during the closure of fitness studios was handled differently by the respective operators. While some stopped their direct debits, others collected their membership fees as usual.
Due to the closed studios, the operators could not offer their services. As a result, the obligation to provide consideration is no longer applicable for the period of closure. Customers are therefore released from their obligation to pay during the period in which it is not possible to visit the studio.
For you this means: You can claim back payments on your part for services not provided by the fitness studio. Please note the current statutory voucher solutions.
No automatic extension of contract periods
Closing a fitness studio has no influence on ongoing contractual relationships and agreements made. There is only a disruption in the current contract. Fitness studio operators cannot add the closure period to the contract period without the customer’s consent.
For you, this means that the originally agreed contract term and the provisions on terminations and contract extensions remain.
You have further questions? We are happy to assist you in enforcing your rights in individual cases.
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