Do you have such a person around you, envy of other people's good shape, their own impulse to do a fitness card, but in fact, is to buy a psychological comfort, did not go to a few times on the ash put there, the fitness card do not want to use it can not be refunded it? The gym does not give back how to do? The next author will talk to you about this topic.

Let's look at a case

2020 July, Xiaoli to a fitness company for a yoga membership card, paid a membership fee of 4980 yuan. According to the provisions of the membership card, Xiaoli enjoys unlimited yoga courses within a year of learning qualifications, but the membership card can not be refunded after the card. In the card after the third day, Xiaoli for personal reasons to the fitness company put forward the card application, and asked for the return of membership fees. The fitness company believes that Xiaoli has swiped the card on the class, according to the card agreement can not refund the membership fee. Xiao Li then filed a lawsuit to the fitness company to return the membership fee. The court held that the yoga membership card issued by the defendant is a single-purpose prepaid card. After the termination of the contract on the plaintiff Xiaoli has not yet consumed part of the corresponding membership fee, the defendant company should be refunded. Plaintiff Xiaoli for membership card, although not actually use the membership card to learn yoga, but considering its own reasons not to use the membership card, and in the membership card and the plaintiff booked the membership card, the defendant company paid the corresponding cost, labor costs, so the plaintiff Xiaoli request for the return of the membership fee of the amount of discretionary to be deducted 200 yuan. Finally, the court ruled that the defendant company to the plaintiff Xiaoli return membership fees 4780 yuan.

It can be seen, usually, the fitness card is not consumed part of the cost should be refunded. In addition to fitness cards, common beauty, hair membership cards, restaurant membership cards, etc., we call single-purpose prepaid cards. Merchants often use the contract clearly agreed once the activation of the general fees and other reasons to refuse to return the card refunds, obviously unreasonable. Although both parties have signed a contract, the contract is usually a form contract. The format terms and conditions require merchants to have to reasonably exempt or reduce their own responsibilities, aggravate the other party's responsibility, limit the other party's main rights, or the format terms and conditions are invalid. But merchants often use "once sold, no refund" or "once consumed, no refund" as the reason for refusing to refund. Obviously, this is an unreasonable agreement and should be regarded as invalid. Consumers have the right to take legal and effective ways to protect their legitimate rights and interests.

At the same time, also reminds the majority of consumers, in the process of consumption, rational consumption, cautious consumption, eliminate blind obedience, from their own point of demand to choose the real need to improve their own risk awareness, away from the consumption of "traps".

Having said that, is it true that all prepaid cards can be discharged at any time, requiring the return of the card refund and do not need to bear any responsibility? Obviously not, after all, the merchant's rights are to be maintained, so there are conditions for refund, fault and responsibility.

We have to discuss this issue in two cases.

The first is the consumer's own reasons for returning the card. For example, physical reasons are not suitable to continue to use, or subjective factors is not want to use. These cases should be attributed to the consumer's own reasons. According to the author's statement above, we can understand, the consumer's own reasons for the return of the card can also be refunded, but need to bear certain legal responsibilities. The amount of money refunded also need to make certain deductions. If the card has only been issued and no purchases have been made, a credit for appropriate labor costs is usually required. If the card for a period of time and the actual use or enjoy part of the service, the actual consumption should be normal credit and appropriate payment of the merchant's service fees, labor costs, some merchants will be in the contract agreed upon breach of contract, these are part of the consumer should be borne, although the contract can be terminated, but due to their own reasons, so the consumer needs to bear the fault corresponding to the legal responsibility. Reduce the loss of business.

Secondly, it is the merchant's reason to return the card. For example, the merchant went out of business, long-term non-legitimate reasons for not operating, equipment problems, service is not in place, and so on, leading to the two sides of the contract can not be normal fulfillment, continue to fulfill the consumer will cause losses. In this case, the consumer puts forward the termination of the contract, the card refund request, not only do not need to bear the legal responsibility, but also can ask the merchant to compensate for the loss, bear the responsibility of breach of contract. However, this situation at the same time will bring another problem, that is, the burden of proof. Consumers need to prove that the breach of contract, how to get evidence, stay what kind of evidence if you do not understand the advice of professional lawyers to help deal with.

In any case, encounter legal problems, it is recommended that we consult a lawyer in time to seek help, to have the courage to take up legal weapons to protect their legitimate rights and interests.

Relevant legal provisions

Article 53 of the Law on the Protection of Consumer Rights and Interests, the operator to provide goods or services in advance payment, should be provided in accordance with the agreement. Not in accordance with the agreement to provide, shall be in accordance with the requirements of consumers to fulfill the agreement or return the advance payment; and shall bear the interest on the advance payment, the consumer must pay the reasonable costs.

"Penalty for infringement of consumer rights and interests" Article 10 operators to provide goods or services in advance payment, should be clearly agreed with consumers on the quantity and quality of goods or services, price or cost, performance period and mode, safety precautions and risk warnings, after-sales service, civil liability and other content. Failure to provide goods or services as agreed, should be in accordance with the requirements of consumers to fulfill the agreement or return the advance payment, and should bear the interest on the advance payment, the consumer must pay the reasonable costs. No agreement on the refund, in accordance with the calculation in favor of the consumer refund amount.

The operator shall be deemed to have deliberately delayed or unreasonably refused to refund a reasonable refund request made by a consumer, or to have failed to do so for more than fifteen days after the expiration of the agreed period of time, or the date of the consumer's request for a refund if there is no agreed period of time.

Article 28 of the "Jiangsu Provincial Consumer Protection Regulations" provides that the operator to issue single-use prepaid cards to provide goods or services, consumers have the right to demand a refund within fifteen days from the date of payment without any reason, the operator can deduct the reasonable costs incurred for the provision of goods or services. If the operator fails to provide goods or services according to the agreement, the operator shall fulfill the agreement or return the prepayment according to the consumer's request. Not consumed, should be a full refund and bear the interest on the advance payment; has been consumed, should be in accordance with the original agreement of the preferential program to deduct the amount already consumed, to be refunded and bear the interest on the refund part.

Article 496 of the Civil Code, the form terms are the parties in order to repeat the use of pre-drafted, and in the conclusion of the contract without consultation with the other party.

If a contract is concluded by means of form terms, the party providing the form terms shall follow the principle of fairness in determining the rights and obligations between the parties, and take a reasonable manner to draw the attention of the other party to the exemption or reduction of its responsibilities and other provisions of material interest to the other party, and at the request of the other party to explain the provisions of the contract. If the party providing the format terms fails to fulfill the obligation of prompting or explaining, resulting in the other party's failure to pay attention to or understand the terms and conditions in which it has a material interest, the other party can claim that the terms and conditions do not become the content of the contract.

Article 497: A form clause shall be invalid if any of the following circumstances apply:

(1) it is invalid under the circumstances specified in Section 3 of Chapter 6 of Part I of this Law and Article 506 of this Law;

(2) the party providing the form clause unreasonably exempts or reduces its responsibility, aggravates the responsibility of the other party, or restricts the other party's main rights;

(3) the party providing the form clause excludes the other party's main rights. The main rights.

Article 498 If there is a dispute over the interpretation of the form clause, it shall be interpreted in accordance with the common understanding. There are two or more interpretations of the format terms, the interpretation shall be made unfavorable to the party providing the format terms. Format provisions and non-format provisions are inconsistent, non-format provisions should be used.