BGH judgment: Gym members get money back for corona lockdown

Created: 05/04/2022, 18:14

By: Alina Schroeder

Members of a fitness studio must get their money back for the time of the corona lockdown - the BGH decided on Wednesday (May 4th).

© Britta Pedersen/dpa

During the Corona lockdowns, sports enthusiasts could not visit their gym.

The BGH has now judged: Members must get their money back.

Karlsruhe – In addition to swimming pools and other sporting facilities, fitness studios in Germany remained closed during the corona lockdown.

Despite everything, many members had to pay the full fee.

The Federal Court of Justice (BGH) has now decided: Anyone who was unable to use their gym during the lockdown period is entitled to the contributions paid.

In a test case from Lower Saxony, the Federal Court of Justice ruled on Wednesday (May 4th) that a studio had to repay a customer the amounts collected by direct debit.

"The purpose of a gym contract is regular physical activity," said the top civil judges in Karlsruhe.

With a closure of several weeks, it was impossible to provide this service.

Because of Corona lockdown: Members in fitness studios must get money back

The plaintiff had signed a two-year contract that started in December 2019.

Due to the corona pandemic, the studio had to close from March 16 to June 4, 2020.

Despite everything, the operator continued to collect the monthly membership fees of 29.90 euros.

As a result, the customer initially asked his studio to pay back in vain and finally asked for a voucher for the amount.

However, the studio only offered him a "credit for training time" - the customer rejected this, however.

Before the BGH, the man was right in the last instance.

In the case of a gym contract with a fixed term of several months, "the regular and year-round opening and usability of the studio is of crucial importance," the judges decided.

In the lockdown, this contractual purpose could not be achieved.

According to the judgment, fitness studios also have no right to add the weeks of closure to the contract period.

In Kassel, too, people with fitness studios clashed due to the corona lockdown.

(as/dpa)