Changsha Evening News All-Media Reporter Nie Yingrong Intern Cheng Dan
If you insist on punching in enough times a year, the gym will refund part of the card amount. I believe many bodybuilders have seen similar "challenge activities" launched by some gyms, but not many can insist on completing the punching. What about the ones that really persisted? Recently, Mr. Ruan from Yuelu District reported to our hotline 96333 that he had previously applied for a similar retirement card at Shiny Fitness Club Times International Store (hereinafter referred to as "Shiny Gym"), and insisted on punching in 150 times as required in the past year. But he asked for cash back, but the gym dragged on. The reporter launched an investigation into this and the market supervision department also intervened in mediation. On September 9, the store completed the cash back.
member
Completed the "Year Card Challenge", but the cashback time was postponed three times.
At the end of July last year, Mr. Ruan and two friends went to the shiny gym near Yulan Road, Tongzipo Road, Yuelu District to consult about fitness. A member of the gym named Chen introduced the "Year Card Challenge" cashback activity — — If you apply for an annual card of 1688 yuan here, as long as you punch in the gym for 150 times in one year and exercise for 1 hour each time, the gym can cash back 1288 yuan.
"I felt that as long as I persisted, this card was quite favorable." Mr. Ruan said that the membership consultant claimed that the three of them would do it together, and each of them would be given a discount to 20 yuan and a month’s free fitness service, so he and two friends both got this kind of card. In the following year, among the three people, only Mr. Ruan persisted with strong self-discipline and perseverance and completed the "task" of punching in 150 times.
Mr. Ruan took out the WeChat chat record and told the reporter that in early August this year, he asked Chen’s membership consultant about cashback. The other party replied: "You come to the front desk to register the bank card account number and the name of the account, and you will get a unified refund at the end of the month." Mr. Ruan registered once as required, but he did not receive the refund until August 31.
Subsequently, Mr. Ruan went to the front desk of the gym to report the situation. The staff claimed that it was necessary to wait until September 2 for the financial staff to handle it, but he still did not receive the refund on September 2. On the same day, he contacted the manager of the gym in a "shining fitness member group" with 50 or 60 members, and reflected this problem. That night, the store manager replied in the group that after other members punched in, they would arrange cash back at the beginning of next month (that is, at the beginning of October). Not long after, this WeChat group was dissolved.
"I said good cashback before, but later it was delayed." Mr. Ruan said that on the evening of September 3, he came to the gym again to reflect this problem. During the negotiation, he had a dispute with the store staff. The manager finally gave him a reply that he would cash back on October 30. His request for a written commitment from the store was rejected.
Store side
The oral commitment of the membership consultant is invalid, and cashback requires a process.
At 2 o’clock on the afternoon of September 5, the reporter came to the shiny gym and found the store manager Chen Shan. Chen Shan said that they did launch this activity last year, and Mr. Ruan also met the requirement of punching in 150 times. However, Mr. Ruan got a one-month discount when he applied for the card, so the start date of the card is September 1, 2018, and it needs to expire on September 1, 2019. "After his card expires, we can start to do this."
Regarding the membership consultant’s previous claim that he would cash back at the end of August, Chen Shan said that the membership consultant was young, and his verbal commitment was invalid, and the store’s membership agreement also clearly stamped the chapter of "oral commitment was invalid". The reporter found that the membership agreement signed by Mr. Ruan did bear the imprint of the above words, which read "This card can be cashed back after 150 times" next to it, but did not specify the specific cashback time limit.
Chen Shan said that they are a big company and have a series of procedures to deal with cash back. For members who complete the punch-in task, they need to cash back in batches. "His card will expire on September 1, and we can’t cash it back at once."
Then why did you change the cashback time in early October to October 30? Chen Wei said that when Mr. Ruan reflected problems in the WeChat group before, his words were provocative, and later he went to the store to "make trouble", which affected their work and led other members to come to them for this purpose. They need to do more work, so the time is delayed. "I promise here that I will definitely return the money to him on October 30."
progress
Both parties have signed a dispute mediation document, which has been cashed back.
The reporter learned that before this, Mr. Ruan also reported this matter to the market supervision and management department through the 12315 hotline, which was handled by Wangchengpo Supervision Office of Yuelu District Market Supervision Administration.
At 3 o’clock on the afternoon of September 5th, the reporter came to Wangchengpo Supervision Office of Yuelu District Market Supervision Administration with Mr. Ruan and Yong Yang, a manager of Shiny Gym Store. The staff of the institute organized mediation between the two parties on the above matters. After nearly an hour of mediation, the two parties reached an agreement that the Shiny Gym would refund 1,288 yuan to Mr. Ruan’s bank card before September 10, 2019. Subsequently, the two sides signed a mediation book on consumer rights disputes. At about 18 o’clock on September 9, Mr. Ruan told reporters that he had received the cash back.
lawyer
Try to fix the rights and obligations of both parties in writing.
Li Jian, a lawyer of Hunan Wanhe United Law Firm, said that according to the Contract Law, if the parties have disputes about the understanding of the terms of the contract, they should determine the true meaning of the terms according to the words used in the contract, the relevant terms of the contract, the purpose of the contract, trading habits and the principle of good faith.
Li Jian reminded that in the daily consumption process, citizens should carefully identify the contents related to rebate and stored value, on the one hand, and try to fix the relevant rights and obligations of both parties in writing, such as determining the rebate amount, proportion and time limit. Once you encounter infringement afterwards, you can seek help from market supervision and other departments in time to defend your rights.
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