that corona crisis and the increasing number Coronavirus diseases also raises the question of whether Contributions to the gym continued to be paid must stay. Because of the current ordinary decree must close studies so can provided a breach of contract will. For the study owner, it is impossible to continue providing the services. This keeps the members in the closing time exempted from paying their contributions. Both Contracting Parties shall therefore: no longer fulfills the performance obligation. ONE Right to extraordinary termination exists does not.
Fitness studies in the Corona crisis: legal situation
Due to the Corona crisis, leisure activities came to a standstill as much as possible. Fitness studios also had to close, so the question to the members naturally arises, about it Continue to pay dues is or even now one termination of membership may be considered.
Because the fact is that the offer of gym now no longer used maybe. As Stiftung Warentest says on their side is here legal from one cases of legal impossibility to go out
there has been one ordinary public order adopted, to which also the to retain the operators of the gyms having. The benefits paid for by members can no longer be provided. The members therefore have too no right of use for the studio. Here grabs § 275, para. 1 BGB. The paragraph states that Performance requirements excluded is if this exists all and debtor not possible is.
§ 326 para. 1 BGB also provides that There is no right to compensationif the debtor (in this case the gym) after § 275, para. 1 to 3 BGB just can not afford.
Do I have to keep paying my dues?
So the gym has no more rightFurther charge a membership fee. True to the principle: If there is no service (use of sports equipment, courses, etc.), then no service in return (payment of membership fee).
For the payment of the membership fee, the members apply for the time in which it The studio can not be usedfrom her exempted from the obligation to contribute is.
Am I entitled to a refund if the gym closes?
In some cases, members do theirs contribution payment beautiful complete for the whole year. In this case is § 326 para. 4 BGB relevant. So can demanded the paid back is in accordance with this Regulation not due remuneration has already been completed is.
So members can get repay part of the contribution leave, which falls during the period affected by corona virus.
Another possibility could be that contract temporarily suspended until the studio reopens and the services can be used again. Other studies offer, however coupons whereupon later credit for membership can charge. In this case, the operator of the study should be contacted individually to find a solution that suits both sides.
Can you cancel the gym because of Corona?
One extraordinary termination of the contract due to Corona is, however, generally accepted not possible!
that closure the study is only temporarily, does not entitle this circumstance to an extraordinary termination. For the gym can be visited again as usual as soon as it reopens.
Some gyms offer in the time when the doors have to stay closed due to corona virus, online fitness team on. ONE legal compensation this is for the actual contractually due service does not.
However, such an online offer contributes to customer retention on. The spread of SARS-CoV-2 coronavirus also means significant economic losses for fitness operators.
Is it possible to cancel the subscription for fear of corona infection?
Before the binding general decree was issued, it was advised against visiting fitness centers if it was in suspected cases in the surrounding area maybe. If this is not the case and you’ve wanted to continue training in the studio, you were asked to do so Hygiene measures to be observedto prevent corona disease.
However, this has also changed as a result of the ordinary executive order, or the previous procedure has now become obsolete. Since the study at least no longer visited maybe, justified also the fear of a possible infection and the consequent disease from COVID-19 not for termination.