How to protect their rights in the health club

Do you want to return the money for a subscription

Quite a common situation: you are in the New Year have promised myself to lead an active lifestyle and buy a subscription to a fitness club for 12 months. But in March, the weather is whispered rather stay home. In May, it was found that kebabs themselves not fire. And in the summer holiday season in general. In general, go to the gym once, and the money lost.

What to do

You have the right to refuse service at any time without giving reasons - it will provide lawRF Law of 07.02.1992 № 2300-1 (edition of 07.29.2018) "On Protection of Consumer Rights" Consumer Protection. In this case, you must return the money for the payment minus the already renderedCivil Code, Article 782. Unilateral termination of the contract of paid rendering of services services.

To terminate the contract, write an application in a free form in duplicate. Take it to the fitness club and let your leaf stamp on the receipt. If employees refuse, send a statement registered letter with acknowledgment of receipt. Failing to get results in a good, go to court.

It happens that the clubs agreed to return the money, but start to cheat. For example, take a penalty for early termination of the contract or evaluate services of dubious scheme: the first days of training are the most expensive, and the latter are literally a dime. And then, and another is illegal.

You are injured

And count on compensation from the fitness club for a workout that had to go to the hospital.

What to do

First you need to objectively assess who is to blame for your injuries. For example, if you tried to use the simulator is not as provides for its design, the fitness you do not owe. But if the cause injury - equipment failure or wet floor, then you may qualify for a payment.

Each organization that provides services to consumers, is obliged to provide securityRF Law of 07.02.1992 № 2300-1 (ed. from 29.07.2018) "On Protection of Consumer Rights" their customers. Fitness club must keep them in good simulators, provide advice on the optimal load and so on. If the security had not been provided and the client receives an injury, the institution is obliged to compensate the damage to health and to compensate for damages.

Before admission to employment you should be familiar with safety and be instructed - a signature.

You have an injury caused by another visitor of the club

The situation may be different. A neighbor down the hall had forgotten to put on bar fixing, and pancakes rolled fingerboard with your foot. Or someone has bothered to queue up to trainers, and he lashed out at you with his fists. It's frustrating, and I want to call on the perpetrators to justice, but do not fully understand whether it is possible to present something to a fitness club.

What to do

The responsibility lies on your abuser, and he should make a complaint - not fight response, and through the courts. But if, for example, one trainee slipped on the wet floor and crashed into the other, there is an element of guilt fitness club and you can claim compensation from him.

You missed the paid employment due to illness and want to restore it

You go on combat, but not unlimited subscription and paying a specific amount of training. Last week, you came to the hospital and missed two workouts. The administrator said that they were burnt, but it seems to you that it's not fair.

What to do

If the occupation is missing due to illness, then you can retrieve it. First, analyze the contract with a fitness club: can there be a corresponding item.

If no such item, refer to pages 779-783 of the Civil Code, which provides that already paid for the service should be provided.

Konstantin Bobrov

Write a statement on the restoration of sessions on the head of the club's name. Specify it in the appropriate item in the contract or articlesCivil Code, Article 779. Paid services agreement Civil Code.

You bought a ticket for the pool, but it was closed

Or going to go to the gym just for the soul, because you have in the apartment the hot water turned off. And you left already, for what you and your money.

What to do

closing basin prevention and lack of hot water in the shower says poor-quality provision of services to the consumer, said Konstantin Bobrov. Therefore, you can request a proportionate decrease the cost of subscription services or terminate the contract and return the money and go to court for non-pecuniary damage.

Instructor of group programs were replaced by less experienced

Yoga teacher shine, tying a knot, not only all the trainees, but also balance beam. But it was replaced by an inexperienced coach and classes lost their meaning.

What to do

If the quality of services declined, it violates the rights ofArticle 4. quality of the goods (works, services) consumer. Start with the filing of the club's administration. If denied, you can appeal to the court. And it's better at the same time to enlist the support of other members of the group sessions: if you are dissatisfied with the only club easily challenge the claim.

In addition, if the lesson is not the author and coach replaces a person with the same qualifications, it is justified.

The club sold more tickets than it can afford

Even in the daytime in the room literally step into nowhere, and in the evenings to the defense of the queue Trainers It takes hours.

What to do

This is a common problem, but the only way out here - to change the club. With the early termination of the contract and return the money, of course.

Trainers dirty and mold in the pool

Being in the fitness club is unpleasant because of the large issues to comply with hygiene requirements.

What to do

This indicates poor service, you are entitled to request a proportionate reduction of the subscription price. You can also file a complaint with the Federal Service, which would oblige the fitness club to eliminate all shortcomings.

However, relying on this issue is not on personal feelings, but on the requirements of the law. Thus, according to SanPiNSanPiN 2.1.2.1188-03 "Swimming pools. Hygienic requirements to the device operation and water quality. Quality control" Daily pool cleaning should be carried out at the end of the day, the general - at least once a month. Similar requirementsOn approval of the joint venture 2.1.2.3304-15 "Sanitary requirements for the placement, arrangement and maintenance of sports facilities" imposed, and in general to sports facilities. If they are met, you may have somewhat higher standards of cleanliness.

The fitness club have decided that you are breaking the rules and you have excluded

You go to the gym with a friend, talking between sets and insure each other. But in the health club you have decided that you are training fellow illegally, and kicked you.

What to do

Let the customer attend the institution does not have the right, if the contract is not terminated. Until the contract is valid, the client can receive services in fullCivil Code, Article 420. The concept of agreement.

If you want access to the fitness club and then proceeding to the administration of a claim with the requirement for the provision of services in full. In case of refusal, you can appeal to the court, the institution is obliged to provide full service.

Konstantin Bobrov

From the locker stole valuable thing

From the cabinet lost smartphone. Administrator points to the announcement: "Hand over your valuables in the safe. For the contents of the cells in the locker room bears the responsibility of the club is not. "

What to do

Of course, the institution carriesCivil Code, Article 891. guardian duty to ensure the safety of things responsibility for the contents of the cells, in spite of the announcement. Therefore, in case of theft of things you can claim damages in court - with the outcome of the decision in favor of the visitors of fitness clubs hasSolution number 2-1601 / 2016 2-1601 / 2016 ~ M-584/2016 M-584/2016 of 29 January 2016 on the case number 2-1601 / 2016.