Provisions of the State on Refund of Yoga Hall Fees

The refund of yoga studio depends on whether the refund reason is justified. When the seller refuses the refund without justifiable reasons, if the negotiation with the store fails, the consumer can complain to the consumer association or directly without consultation. Consumer complaints should have a clear object of complaint, that is, the respondent, and provide an accurate address; There must be clear reasons for complaints and clear requirements to ensure the truth; Provide copies of vouchers for purchasing goods and receiving services and relevant certification materials.

If you can get a refund, you should apply the Civil Code and the Consumer Protection Law. It is obviously a overlord clause for merchants to unilaterally stipulate that there is no refund before the expiration, which is invalid according to law. With the improvement of consumers' health awareness and the further popularization of yoga services and concepts, more and more consumers walk into yoga studios to exercise. There are many examples recently, such as Ms. Wu from Tongzhou, Nantong, which is one of them. But who would have expected that the duration of yoga classes would "shrink" before the start of classes? Can Ms Wu ask for a refund? Recently, the Tongzhou District Court of Nantong City heard the case and ordered the yoga studio to refund Ms. Wu the corresponding expenses.

Ms Wu is a member of a yoga studio. From 20021to 65438+February, the yoga studio launched the "Warm Winter Member Recruitment" activity, and Ms. Wu, as an old member, applied for the 88 yuan Experience Card and participated in the golden egg smashing activity. After that, Ms. Wu applied for a half-year card for quality equipment courses worth 9880 yuan and presented unlimited quality courses for half a year. Both parties have signed the membership registration contract form, but the card has not been used. In February 2022, Ms. Wu received a notice from the yoga studio that the original course time was adjusted from 1 hour to 45 minutes.

Obviously, 1 class hour has shrunk by a quarter, but Ms. Wu, who is angry, asked for the yoga studio theory and demanded that it be implemented according to the original class hour. The yoga studio said that if Wu Can doesn't accept the existing curriculum, she can cancel her membership, and asked Ms. Wu to go to the museum for a refund before February 0 1 17. As the yoga studio requires that the expenses of Ms. Wu's 33 experience classes be deducted according to the standard of 268 yuan per class, the two sides failed to reach an agreement on the amount of refund. Ms. Wu complained to the relevant departments, but the mediation was still unsuccessful, so she took the yoga studio to court.

The Tongzhou court held that civil subjects should follow the principle of fairness in engaging in civil activities and reasonably determine the rights and obligations of all parties. Ms. Wu signed the Membership Registration Contract with the yoga studio and paid the membership fee, which formed a service contract relationship between them. Both parties should perform the contract according to the principles of voluntariness, fairness, honesty and credit. The course fees paid by Ms. Wu belong to the nature of advance payment. The length of class hours for purchasing yoga courses has a certain influence on yoga training. The yoga studio shortened the class time from 60 minutes to 45 minutes without authorization, which did not meet Ms. Wu's expectation of the original contract purpose. Therefore, the behavior of shortening the class hours without authorization after the contract is signed constitutes a breach of contract. Ms. Wu has the right to terminate the contract and ask the yoga studio to refund the fee. On the question of how to deduct the fine equipment fee for 33 classes that Ms. Wu actually experienced, considering Ms. Wu's actual class situation, the validity period of the time-limited card and the breach of the yoga studio, the court decided to deduct 906 yuan from the cost of 33 classes according to the monthly average cost standard of 9880 yuan for the time-limited card.

According to Article 13 of the Measures for the Administration of Advance Receipts in Jiangsu Province: "When issuing prepaid cards, operators should clearly agree with consumers on the quantity and quality of goods or services, the price or consumption mode, the time limit and method of performance, safety precautions and risk warnings, after-sales service, civil liability and other contents. If there is no agreement or the agreement is unclear, an explanation in favor of consumers shall be made. " In this case, the "Member Registration Contract" signed by Ms. Wu is a format contract provided by the yoga studio, and the class duration is not clearly stipulated. However, when there is no agreement in the contract or the agreement is unclear, it should be explained in favor of consumers. Therefore, the court finds that the yoga studio is in breach of contract and must bear the corresponding liability for breach of contract. Therefore, when handling prepaid consumer cards, we should avoid being brainwashed by various advertisements and choose them scientifically and rationally according to our actual needs. It is necessary to read and understand the relevant terms of the contract carefully. If there is no agreement or the agreement is too simple, a detailed and clear written contract may be concluded separately. At the same time, we should pay attention to the preservation of evidence. In case of disputes, they should promptly complain to the consumers' association and safeguard their legitimate rights and interests through litigation when necessary. Legal basis: People's Republic of China (PRC) Consumer Protection Law.

Article 24 If the goods or services provided by business operators do not meet the quality requirements, consumers may return them according to the provisions of the state and the agreement of the parties concerned, or require business operators to fulfill the obligation of replacement and repair. If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt; After seven days, if the legal conditions for termination of the contract are met, consumers can return the goods in time. If it does not meet the statutory conditions for terminating the contract, it may require the operator to fulfill the obligations of replacement and repair.

Where goods are returned, replaced or repaired in accordance with the provisions of the preceding paragraph, the business operator shall bear the necessary expenses such as transportation.