The woman spent hundreds of thousands of yuan to buy thousands of fitness classes, but wanted a refund because she was unwell, but was rejected by the store. Recently, Ms. Wen, a citizen, called the reader of this newspaper **968820 to report the matter. The reporter launched an investigation to find out.
Citizen Encounter].Drop out halfway through the purchase of a fitness class
The request for a refund was denied
After a friend's introduction, I went to Meifei Fitness near the subway entrance of Lucuo to exercise, and later, under the recommendation of the coach, I spent more than 120,000 yuan to buy more than 230 private lessons. Ms. Wen said that after taking courses for a while last summer, she came to McFee Fitness near Robinson Square on the recommendation of other trainers to experience different fitness classes.
Ms. Wen said that at that time, she had a plan to prepare for pregnancy, and also told the coach, who customized regular personal lessons, stretching, boxing and other course plans for her, and from October 2023, she has spent more than 10,000 yuan on more than 10 times and spent a total of more than 460,000 yuan to buy more than 1,200 courses at Robinson's store.
After taking about 100 classes, Ms. Wen felt that these courses did not help her health very much, and occasionally she would feel dizzy after taking classes, so she wanted to withdraw from the classes, hoping that Robinson would convert the remaining courses into about 390,000 yuan and return them to herself, but the store refused.
Journalist Investigation].The store refused to request a unilateral refund
The market regulation authorities have stepped in
On February 26, the reporter accompanied Ms. Wen to the McFeld Fitness store near Robinson Plaza. Mr. Wang, the relevant person in charge of the store, told reporters that Ms. Wen's purchase of personal training courses at that time was a voluntary purchase, and the store did not relocate or close down, so she could provide Ms. Wen with normal personal training services, so her unilateral withdrawal request was unacceptable to the store and could not refund her. But the store can help Ms. Wen resell the course on a third-party platform. Mr. Wang said.
The reporter learned from the market supervision department of Siming District that they have received the problem reported by Ms. Wen and are investigating the matter.
Lawyer's Statement].Termination of the contract The customer is responsible for the corresponding liability
Xu Dong, a lawyer at Beijing Yingke (Xiamen) Law Firm, pointed out that the standard terms and conditions drawn up in advance by the gym are often used in the course service contract between customers and the gym. According to the Civil Code, the provider of standard clauses is required to fairly determine the rights and obligations of both parties and clearly remind the other party to pay attention to key clauses. If the gym fails to fulfill the reminder obligation, the customer has the right to claim that the relevant clauses are invalid. In addition, the service contract is personal in nature, and if the customer refuses to accept the service, the gym cannot actually force the customer to continue the class, and it is difficult to continue the performance of the contract. According to Article 580 of the Civil Code, the contract may be terminated at this time, but the customer shall bear the corresponding liability for breach of contract. It is recommended that consumers negotiate a refund with the merchant first, and if no result, they can complain through the consumer association or the market supervision department, and if necessary, they can also file a lawsuit with the court. At the same time, lawyer Xu Dong reminded consumers that they should make rational choices when prepaying to avoid difficulties in subsequent refunds.
Xiamen** reporter Xue Yao intern Hong Xuanru).