Is the fitness subscription credited only when it is renewed?
The mindset of gyms that are not acting on behalf of their members is simple. You credit the lockdown time, but not directly to the current subscription. Rather, the credit is only issued when a new fitness subscription is redeemed. This is a significant disadvantage for the customer because he was unable to train during the lockdown.
The money for the subscription had already been paid, which means that a service that was not provided had to be paid for. The logical conclusion that even good and reputable fitness studios have drawn: They extend the term of the subscription by the time of the lockdown. The black sheep, however, did not proceed in this way and rather let the current subscription expire. Anyone who did not want to extend was thus left empty-handed.
The argument of the fitness studios, which presented themselves as not very customer-friendly, was that they would also suffer from the consequences of the lockdown. By crediting an extended subscription, they wanted to mitigate the economic consequences a little or spread them over a longer period of time. But that is not legal, because this is where the law of obligations applies.
This right states that a loss is to be reimbursed if a service could not be provided. Various legal experts have commented on this in the past and stated that this would only be different if the general terms and conditions of the fitness studio provided for a correspondingly different regulation. Then it would mean that the full amount would be owed even if the service could not be provided in full. If this formulation was not to be found in the studio's terms and conditions, the procedure for crediting an extended subscription described above is also not permitted.
Few black sheep
According to surveys in Swiss fitness studios, it was found that only a few would act to the disadvantage of their customers. Most would extend the current fitness subscription by the time of the lockdown and would not see any restrictions here. Especially since another idea of a studio violates the Code of Obligations. Only four weeks of the eight-week lockdown were taken into account, which means that half of the services not provided were still calculated.
Still other studios had a completely different idea. They asked their customers whether they would be willing to forego renewing their subscription and thus support the studio. Many customers showed their solidarity and agreed to refrain from requests for an extension.
Some athletes who belong to the defined risk groups do not want to train again even after the lockdown because they are afraid of infection in the gym. The studios offer that their break can last longer and that the fitness subscription can even be extended by the corresponding time. However, not on mere acceptance, but the customers concerned would have to provide a doctor's certificate showing the assignment to a risk group. Sometimes it is even possible that the break lasts longer if the athlete himself does not belong to a risk group, but if he lives with a person at risk.
Conclusion: Most fitness studios are accommodating
The lockdown forced athletes to take a break, they could no longer train in the gym. The necessary break was taken into account by the fitness studios on the current subscription, so that this lasted longer. Few black sheep among the providers wanted to offer the extension only if the fitness subscription is extended.
However, this approach does not correspond to current law and contradicts the law of obligations. The only exception: if a corresponding regulation can be found in the fitness studio's terms and conditions, the extension can be waived due to the lockdown.
