In the state government’s three-step plan to limit the corona pandemic, a 2G regulation is planned for, among other things, fitness studies. Can you cancel because of this?
Since 16 September 2021, the exploitation of hospitals has been the main indicator of further action in the fight against the corona pandemic in Baden-Württemberg. The hospitalization rate and intensive bedding are the key values for the state government’s three-step protection concept. The current admissions figures for Baden-Württemberg and all other federal states can be found here.
The new three-stage warning system also comes into effect in fitness studios in Baden-Württemberg and provides the following measures for sports facilities, swimming pools, saunas and leisure parks:
First level (basic level): The first level applies up to an admission rate of 8.0 or an occupancy rate of 250 ICU beds. At the basic level, everything remains as it is in gyms, and the 3G rule (proven vaccinated, recovered or tested) still applies. 3G does not apply to outdoor areas and no further regulation applies.
Second level (warning level): The second phase takes effect when the hospitalization rate reaches 8 in 5 consecutive weekdays, or the occupancy of the ICU bed reaches 250 in 2 consecutive weekdays. Then comes a stricter 3G rule for fitness studies, where unvaccinated people must present proof of a current PCR test. The 3G rule then applies to outdoor areas where a quick test is sufficient as evidence.
Third level (emergency level): The level of preparedness is declared in Baden-Württemberg if the hospitalization rate reaches a value of 12 in 5 consecutive working days or the occupancy of intensive care beds increases to 390 in 2 consecutive working days. From then on, the 2G rule will also apply to gyms, and unvaccinated gym members will no longer have access to both closed and open areas.
reading tips: The current intensive care unit in Baden-Württemberg can be found here, and the current state hospitalization rate can be found here.
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Do you want to cancel the gym because of the 2G rule?
Prior to the introduction of the taxable corona tests, visits to the gym for unvaccinated members involved only extra time in advance due to the test obligation. Since October 11, there has also been an additional financial expense. If increased hospital occupancy leads to the 2G rule in the alarm level, Unvaccinated people no longer have access to their gym. It is therefore not surprising that many members wonder if they can extraordinarily terminate their contract.
As the Consumer Advice has informed us on request, termination may in some cases be possible for unvaccinated persons due to the 2G rule. § 313 BGB regulates that a current obligation (fitness study contract) can be terminated if the circumstances on which the contract is based have changed significantly after the conclusion of the contract and an adjustment of the contract is not reasonable. For under the current conditions, many members would probably never have signed a contract with their gym. Especially considering the introduction of the 2G rule, which makes it impossible for the unvaccinated to access the gym at all.
As consumers are not responsible for the changing conditions caused by the corona pandemic, in the opinion of the Consumer Center, they can not be expected of them. An adjustment of the contract is also not possible due to the 2G rule. In addition, the duration of the pandemic. After all, there have been significant restrictions on the operation of the gyms since March 2020. A period that goes far beyond the reasonable level of such restrictions. For this reason, the Consumer Center sees reason for an extraordinary termination by the consumer.
However, there is no general solution from the legislature to this circumstance. Each termination must therefore be considered as an individual case. Consumers may therefore have to prepare for a legal dispute with the gym if they want to terminate the contract ahead of time. After all, the operators have suffered significant sales losses due to Corona and have a financial interest in retaining each customer.
Gym stands in the way: what to do?
If the gym does not respond to a notice that is submitted and continues to withdraw money from the account, the experts in consumer advice advise to contact the gym first to announce a suspension of payments. This must be done either by registered mail or in person under the observation of witnesses. You can then instruct the bank to stop the debits of the gym. If the fitness center then wants the money, the operators must start a process and prove that they are entitled to the money. In case of special difficulties one can also contact the Consumer Counseling Centers. An overview of Baden-Württemberg can be found here.
Freedom of contribution due to the 2G rule
Unvaccinated study members are, in the opinion of the Consumer Advice, exempt from paying contributions for the duration of the 2G Regulation. After all, there is no way for them to train. The study can therefore not fulfill the contractually agreed benefit and the member does not have to pay his contributions.
Termination really necessary?
Small and medium-sized businesses in particular are suffering badly from the loss of sales due to the corona pandemic. Instead of going straight down the path of termination, one could alternatively seek a conversation with the study operators and possibly negotiate a compromise. Maybe you want to train there again in the future and can close the contract down to the duration of the restrictions.
Also read: Endurance training at home