The corona pandemic is forcing gyms to close. A difficult situation for customers and operators. Photo: Sebastian Willnow / dpa-Zentralbild / dpa-tmn (Sebastian Willnow / dpa)
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Potsdam (dpa / tmn) – light late, dark early, cold and often rain: outdoor sports are currently not much fun. To make matters worse, fitness studios are closed again due to corona.
Instead of training in the gym, many people roll out their fitness mat in the living room. But what does that mean for membership in the studio? Important questions and answers:
Exercising is a challenge in times of the Conra pandemic – because fitness studios have to close again and again. Photo: Hauke-Christian Dittrich / dpa / dpa-tmn (Hauke-Christian Dittrich / dpa)
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Does the fee have to be paid when the studio is closed?
The operators are currently not allowed to offer their services due to the requirements. In principle, however, they are not allowed to charge any money for services not provided. This means that customers are no longer required to pay their contributions. This is regulated in
Paragraph 326 of the German Civil Code (BGB).
Hans Geisler is a specialist lawyer for commercial and corporate law in Bielefeld. Photo: Dr. Geisler, Dr. Franke Rechtsanwälte Partnerschaft mbB / dpa-tmn (— / dpa)
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Do all the dishes see it that way?
No, against the background of the corona pandemic, some legal questions arise anew. For example, the Würzburg Regional Court found a judgment (Az .: 1 HK O 1250/20). “The Covid-19 pandemic falls into the category of the so-called” disruption of the great business foundation. “
In the view of the judges, the legal situation is often unclear and controversial, since contractual relationships under private law are disrupted by the pandemic. In the event of the officially ordered closure of the fitness studio, it should therefore not simply be assumed that customers are entitled to reimbursement of contributions.
Can I have contributions that I have already paid reimbursed?
If members have paid contributions in advance, they can, in principle, be reimbursed for the period of closure. Since the voucher solution came into effect on May 20th, customers have to accept vouchers, explains Robert Bartel of the consumer center (VZ) Brandenburg. “That applies at least to all contracts that were concluded before March 8th.”
The vouchers may not only be valid for a specific offer. Must be on the voucher
according to law stand that it was issued because of the corona crisis. And: that the customer can request the payment of the voucher value if he has not redeemed it by December 31, 2021.
What should the voucher look like?
In principle, according to VZ Baden-Württemberg, fitness studios are allowed to offer customers various types of compensation. It is mandatory that the bankruptcy-protected voucher is also included – as decided by the federal government. With this official voucher, the following applies: Should the fitness studio go bankrupt by the end of 2021, the federal government will step in and pay out the compensation to consumers.
Do I have to accept the voucher?
No, there are exceptions. If it is unreasonable for a customer to accept a voucher, he can also refuse it. This is also regulated by law. However, it is not explained which personal circumstances are meant – that will be a matter of interpretation.
In the opinion of consumer advocates, a payout of the voucher could be justified if a customer declares that he will not be able to pay his rent or energy bills without the money. He must be able to demonstrate this to the studio operator in a comprehensible manner. The studio operator cannot simply ask for bank statements or special documents.
Does the closure extend the contract?
Some operators are currently offering to extend the contract free of charge by the time of the closure. From the perspective of
VZ Brandenburg If such a contract change is not legally permissible, the consent of the other contracting party would be required. In principle, customers can also decline such offers.
The Torgau District Court (Az .: 2 C 382/19) comes to a different assessment, it also assesses the corona pandemic as a disruption of the business basis To attach a time frame of three months to the regular end of the contract.
From the point of view of lawyer Hans Geisler from Bielefeld, it is therefore entirely appropriate if contracts are adjusted. “Neither of the two parties anticipated and considered a situation as caused by the current pandemic when the contract was concluded.”
Can I also terminate the contract now?
Anyone who no longer wants to adhere to the contract can in principle terminate it in good time. At the agreed end of the contract, the pandemic will not change anything, according to Bartel. However, this question has not been settled in court. However, there is no special right of termination for officially ordered closings, as there is no legal basis for this.
© dpa-infocom, dpa: 201117-99-364836 / 3
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