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The annoyance of many amateur athletes is currently doubled: their training facilities are not only closed because of the lockdown.
Often, gyms still continue to deduct the monthly fees from their members' accounts.
And anyone who requests a refund will be put off.
Affected people ask themselves: are they allowed to do that?
A recent court ruling gives millions of members of fitness studios hope for hefty premium payments.
In the specific case, a studio operator in Emsland had withdrawn a total of 86.75 euros from a customer's account for months in which the studio was closed due to the corona pandemic.
Because the member concerned could not use the studio during this time, he sued the operator before the Papenburg District Court for repayment of the contributions - and got the right.
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From the point of view of Christian Solmecke, lawyer at the Wilde Beuger Solmecke law firm, the judgment is a signal to all amateur athletes.
“Fitness studios that are closed due to a pandemic cannot offer their members the contractual service, namely the use of the fitness studio,” says Solmecke.
Anyone who does not provide his service, however, has no claim to consideration.
From the attorney's point of view, customers do not have to pay their contributions as long as the studios are closed.
And those who have already paid in advance can claim their contributions back.
Pay for nothing?
That is why more members than ever are reporting to the consumer advice centers.
In the first three weeks of this year alone, the Lower Saxony consumer center had received as many complaints as in the previous months combined.
Problems with coupons
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No wonder, because it is above all the large fitness chains with their millions of members that sometimes stand in the way of creativity.
Despite the fact that the studios are closed, many continue to busily withdraw membership fees.
And if you don't want to pay, you can only take so-called breaks.
In this case, there are initially no more costs, but the operators often extend the contract period by the corresponding rest months.
From Solmecke's point of view, those affected should not get involved in such deals: “According to the current judgment, customers do not have to accept an extension of the contract period,” says the lawyer.
Studio operators are only allowed to issue a voucher instead of the reimbursement of contributions.
The so-called voucher solution, for example, which the federal government introduced last May to protect companies from sudden failures, makes it possible.
Fitness studios are also entitled to issue a voucher instead of reimbursement of membership fees - at least for contracts concluded before March 8, 2020.
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However, companies must make it clear that the voucher was issued because of the pandemic.
And that owners can request the payment of the voucher value if they have not redeemed it by the end of the year.
However, from the point of view of the Lower Saxony consumer center, the vouchers issued would often not meet the legal requirements.
But even now, many large providers should not make it all too easy for their customers.
You still see yourself in the right.
"Through the provision of Paragraph 313 BGB, the law enables the contract to be adapted, which we require," explains a spokeswoman for FitX.
For the second largest German fitness chain, this means: The contract period is extended by the duration of the closure period.
"Like our member, we keep our agreed contract duration of twelve months." The spokeswoman emphasizes that there is no disadvantage for the member.
Contributions were only due for those months in which training is also possible.
The company could not comment on the question of how market leader McFit deals with customer contracts.
It is about "ongoing proceedings", says Germany manager Hagen Wingertszahn.
Members can contact customer service at any time with questions about the contract.
Solmecke, attorney, knows how this works out at many fitness studios: If affected customers demand the paid contributions for lockdown months back without any conditions, many operators also refer to court rulings.
In the past, judges had argued that the corona situation had changed the circumstances so seriously that a contract adjustment would be necessary.
Solmecke, however, limits: "The District Court of Papenburg rightly countered that the changed situation of the studios would be adequately absorbed by state aid," says Solmecke.
An additional claim against the members is no longer justified.
Legal position not yet clarified
But how do amateur athletes get their money back?
“First of all, customers should contact their gym again and make their repayment claim clear,” advises Solmecke.
Some lawyers offer sample forms for this on their websites.
If the studio still refuses to pay, legal help is advisable.
"In many cases, the rights of the members could be enforced without judicial help, so that it is worthwhile to insist on your rights and not be intimidated," says Solmecke.
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However: The legal situation has not yet been finally clarified.
It will take some time before a fundamental judgment is made.
If you do not have legal protection insurance, you have to bear the costs of the lawyer yourself in the worst case.
Legal techs, so-called online law enforcers, can be an alternative.
Because they have now also recognized that there is something to be gained from the fitness studios.
Consumers can hire the legal firms to enforce their claims against the fitness studios - with just a few clicks on the Internet.
RightNow is one of them.
The principle: Members upload their proof of payment, RightNow checks the repayment potential - and makes the users an offer to purchase the claim.
Those affected assign the claim against their fitness studio to Legal Tech.
If those affected agree, they must sign a corresponding declaration and - then receive the agreed money.
RightNow then enforces the cases of its users at its own risk.
That means: Even if the online law enforcer loses against the gym, customers can keep their money.
RightNow is currently helping five large operator chains: In addition to the two largest, McFit and FitX, these also include JohnReed, FitnessFirst and High5.
Incidentally, members are not always members: the legal situation is different for sports clubs, explains the Lower Saxony consumer center.
“They are an association of members who recognize certain rights and obligations by joining.” Since clubs are also not profit-oriented, membership fees still have to be paid - even if sports activities are temporarily canceled.
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