Mon. Mar 8th, 2021

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How to protect your rights in a fitness club?

5 min read

The fitness club will bring a lot to your life – the joys of an active lifestyle, a beautiful slender body, strong muscles, new acquaintances. But, unfortunately, some unpleasant moments will sometimes be added to this list. What if you want to return the purchased subscription, receive compensation for missed classes, missing classes or harm caused by staff? Fitness clubs belong to institutions from the service sector, they are subject to the law "On Protection of Consumer Rights".

We will analyze the most common unpleasant situations that you can fall into at a fitness club.

I want to return the money for a subscription

Suppose you bought a subscription at a big discount before the New Year or even received it as a gift. But then you found that summer had come, but you still had no time for classes. You did not discover the joys of sports for yourself, but you felt an unpleasant moment – the services were paid for, but you do not use them.

What to do?

Refer to the Law of the Russian Federation No. 2300-1 “On Protection of Consumer Rights” of 02/07/1992, as amended on 07/29/2018, as well as to article 782 of the Civil Code of the Russian Federation. The consumer has the right to resort to unilateral termination of the contract for the provision of services. Declare your intention not verbally, but in writing, in duplicate. One copy of the application remains in the club, on another the representative of the club puts a mark on acceptance, this copy will be yours.

If you are told about the penalty for termination of the contract or shown a scheme in which the classes you attended are much more expensive than the missed ones, then know that you are misled, such actions are illegal.

annual subscription

I want to receive compensation for injury

Everyone comes to the club for beauty and health, but it happens that they leave it with unpleasant damage or even serious injury, a reason for missing work and an open sick-list.

What to do?

First of all, it is important to understand who is to blame for the fact that you have been injured. If you trained without a warm-up or got injured as a result of improper use of the simulator, then there is no fault in the institution. If you slipped on a wet floor or got damaged due to a malfunction of the simulator – compensation is definitely put to you.

According to the above law on consumer protection, a fitness club should provide safe conditions for visitors – working fitness equipment, instruction on their use, the opportunity to get advice on the training regimen, etc. Under the same law, the consumer may demand compensation for physical and moral damage. Before the first lesson you should have been given a safety briefing, if you did not put a signature on such a document, the advantage is on your side.

I want to restore the missing paid class

If you pay for a certain number of classes, you should visit each of them. Of course, you will not be compensated for the cost of a missed lesson if you overslept or mixed up time. But the reasons may be more respectful.

What to do?

If a person missed a paid lesson due to illness, an unplanned business trip, or for other important reasons, he is entitled to attend this lesson on another day. To begin, study your contract with a fitness club, decent establishments usually include such an item in it. If you couldn’t find such a thing in the contract, then refer to Articles 779–783 of the Civil Code of the Russian Federation; The algorithm of actions is similar to the return of money for a subscription, you need to write a statement on the restoration of the missed lesson in two copies.

group classes

Visiting conditions have changed, it doesn’t suit you

If the conditions change during the term of the contract, this is a reason for its termination. Suppose you bought a subscription only for the pool, as the doctors recommended that you swim, but the pool is constantly on maintenance, you can’t get into it, and you don’t want to go to the gym. Or in your house, hot water was turned off for two weeks, and you bought a subscription for this period to swim in the club, but the club also has water outages. It may be different, you were delighted with your yoga instructor, but after a couple of months he left, and in his place came one who does not suit you.

Section 4 of the Consumer Protection Act affects the completeness and quality of the services provided. All of these situations and similar ones indicate improper provision of the service, the consumer has the right to demand compensation. If we are talking about group programs, it would be better if not only you, but also other members of the group provide a statement of dissatisfaction.

termination of an agreement

Inappropriate service provision

It happens that the club sells too many subscriptions, and in the evenings it is impossible to train on simulators because of the lines to them. In the hall, pool and locker rooms hygiene requirements may not be observed. It is unlikely that you will be able to do something with this, but you can always leave the club with compensation for the money spent on visiting.

In both the first and second cases, you have the right to return the money spent. If we are talking about unsanitary conditions, then in addition to the above laws, you will also have SanPiN 2.1.2.1188-03 “Swimming pools. Hygienic requirements for the design, operation and quality of water. Quality control ”and 2.1.2.3304-15“ Sanitary and epidemiological requirements for the placement, arrangement and maintenance of sports facilities ”.

If these requirements are violated, it is necessary to file a complaint with Rospotrebnadzor.

A valuable thing disappeared from the locker

A smartphone, jewelry, a wallet with all the cards and a rather big amount of cash – in the locker we leave a lot of valuable things. At the same time, announcements stating that the institution is not responsible for the safety of things can be posted throughout the locker room. Such announcements contradict article 891 of the Civil Code of the Russian Federation, according to which the club is a custodian and undertakes to ensure the safety and security of the visitor’s personal belongings. The club employees can infinitely point out the ads posted by them, but in judicial practice there are enough cases when visitors who suffered in this way received full compensation for damage.

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