Can fitness studio operators simply extend term contracts due to the closing times in the pandemic?
A court found consumer advocates right this time.
Many amateur athletes are happy and grateful that they
can train
again in the
gym
after the restrictions caused by the lockdown
.
And pay for it as normal.
Just because fitness studios
had to remain closed for longer
during the
corona pandemic *
, however,
term contracts
cannot simply be extended by this time.
According to reports, the district court of Würzburg prohibited an operator of fitness studios from doing so, thereby allowing a lawsuit from the consumer advice centers (vzbv).
You can also read:
Cell phone tariffs, fitness studios and Co .: Bundestag passes law for fair contract terms
The vzbv had criticized the e-mail cover letter from a fitness studio operator as misleading, the German Press Agency (dpa) continued to describe the background.
It said that a customer's contract would automatically be extended by the officially ordered closing time.
The court gave the vzbv right, as dpa and
BR.de reported
on September 24th.
Fitness studio judgment a "positive signal" for consumers
According to the court, the temporary closure of the studios could not lead to a unilateral contract extension.
Rather, both parties are released from their obligation to perform during this period.
"The judgment is a positive signal for consumers," said vzbv legal advisor Jana Brockfeld according to a statement from the vzbv.
"The court sees neither a legal basis for the payment of contributions during the officially ordered closing months nor for the unilateral contract extension."
Also read:
Also paid too much account fee?
Get your money back now
Case law not uniform
With the judgment, the civil
chamber of
the regional court of Würzburg
BR.de
contradicted
a decision by the chamber of commerce of the same court.
Last year, the latter dismissed the vzbv's lawsuit in a similar case, as the association also announced.
According to the report, the decision of the regional court in Würzburg is not final.
(ahu) * Merkur.de is an offer from IPPEN.MEDIA.
