Money back in the gym because of Corona - That's what Stiftung Warentest advises

In the first phase of the Corona crisis, fitness studios had to close temporarily - and now again from November 2nd for a limited period until the end of the month.

What happens to the membership fees?

Corona: Fitness studios have to close from November 2nd until the end of the month

Update from October 29th, 2020

: In view of the

, the federal and state governments decided on Wednesday to drastically restrict public life.

As it became known in the evening,

.

Many fitness studios had already

offered

numerous

for their members

in the first wave of the Corona crisis

.

Again, many studios want to make such an offer available to their members.

But what happens if, according to

do some operators, for example, extend their customers' contracts without being asked after reopening?

The legal experts explain which possibilities are conceivable and what the legal situation looks like.

Fitness contracts and the corona crisis - these are your rights

Updated on 24/09/2020:

Many

have already asked this question: "Do I need to continue my membership fee for the

to pay, even though it was closed for Corona *?" The legal experts of the Stiftung Warentest say: "It is legally well a case of legal impossibility.

The fitness studio is no longer able to provide the gym services due to the general public order.

The customer loses his right to use the studio.

And the studio loses its right to demand payment.

(Section 326 (1) of the Civil Code). "

Voucher instead of money as a replacement for time in the gym

Customers with

due to a

can also use a

to be resigned if they have completed the membership before 8 March 2020th

The voucher must contain information about the fact that he, because of the

has been issued and that the customer the

can ask if a voucher is unreasonable for him or does not it up

has been redeemed.

Also read

:

Corona: Reimbursement of membership fees in the fitness studio

Stiftung Warentest emphasizes: "If the customer has already paid for the whole year, he can

the

that is

(Section 326, Paragraph 4 of the Civil Code).

However, many studios also offer to extend the studio contract for the Corona period.

The studio guest does not have to pay anything for the period of extension. "

Fitness studio: Are there unreasonable vouchers?

According to the report on Test.de, the experts advise: “A

and, as an

if the voucher is 'unreasonable for him in view of his personal circumstances' (Article 240 Paragraph 5 Paragraph 5 Introductory Act to the Civil Law book).

The law does not say when such personal circumstances exist.

As the explanatory memorandum can be seen, there is the federal government including some cases in which the customer without the

is not able to pay existentially important living expenses such as rent or utility bills.

So if you want a reimbursement and not a voucher, you have to write to the gym and explain to the operator why he urgently needs the money to live now. "

Read here:

Article from 09.09.2020:

The

Corona crisis * is anything but easy

for employees and operators of

.

After all, as is well known, operations can take place again in the studios under strict hygiene requirements - and some studios are even more committed to offering online courses during the Corona crisis.

Or for example - in addition to the courses with a limited number of members and the prescribed minimum distance in the course rooms - for example also outdoor courses for members and fitness enthusiasts who prefer to train in the fresh air.

Compulsory break: Timely cancellation of the gym remains effective

Nevertheless, according to consumer advocates, there are incidents in at least some studios about which customers of fitness studios have been annoyed: "Because of the Corona crisis, many fitness studios have extended their customers' contracts.

Affected people complain to us because their timely termination is not accepted - some are even supposed to pay an additional two or three months.

You do not have to accept this approach, ”wrote the

on its website

in August 2020

.

You can also read

: Pay by card: Be careful, it can get so expensive

Consumer advocates: Members of gyms have these rights

The

declares in this context, have what rights members of gyms.

There it says:

• "Anyone who could not use their fitness studio because of Corona, because it was completely closed or an

  emergency program was

  offered, does not have to pay for the time or at least not pay the full fee."

• "The consumer advice centers have now even noticed a studio that responded to a timely

  termination

  with a fee-based contract extension for three months."

• “If you can, you shouldn't be petty to providers in need because of Corona.

  But an extended contract with continued

  contribution payments

  is inadmissible and not to be accepted. "

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According to consumer advocates, the

looks like this:

cannot simply extend

contracts

unilaterally.

The compulsory Corona break is no reason to hang the failed training times at the end of the actual term without consulting the customer.

The customer must be free to decide whether or not to consent to such a chargeable extension, according to a report by the German Press Agency (as of August 12).

Possible additional help

If you use a fitness watch (promotional link) to support your training, you can use the fitness tracker, for example.

Operators of fitness studios would have

accept

, it also says there, if they were done on time.

At the end of the agreed contract period, the obligation to contribute is no longer applicable.

The consumer advice center advises: "Anyone who

pays

by

can not only give notice of termination to the fitness studio, but also revoke the

authorization in writing."

In principle, consumers should put all

writing, according to the advice of consumer advocates.

Anyone who cancels should send the letter by registered mail to secure evidence - or hand in the letter directly and have receipt acknowledged.

Also interesting:

More money for children - but not only many parents can look forward to September

Sources: Consumer Center.de;

dpa

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