Business is relocating: Gym to depart from current location.
In the picturesque Alpstein region, 57-year-old Reto Knecht has set his sights on shedding belly fat, toning his calves, and building stamina for his beloved hiking adventures. With this goal in mind, Reto joined a local fitness centre at the beginning of the year, paying the annual membership fee upfront.
However, Reto admits to letting his fitness routine slip in the spring, a period he now regrets. But as the cooler weather approaches, Reto is determined to get back on track. Unfortunately, a dispute with the gym owner has arisen, threatening to derail his fitness journey.
The gym owner recently informed Reto that the current location would be closing, and members could continue training at a new location. However, the new gym is over ten kilometers away from Reto's residence, a distance that presents a significant inconvenience. Reto has demanded a partial refund of his membership fee, but the gym owner has refused, citing the company's right to change its registered office as per the GmbH law.
The legal regulation regarding a Fitness GmbH relocating its registered office and whether members must use training at a new location depends primarily on the GmbH law (Gesetz betreffend die Gesellschaften mit beschränkter Haftung, GmbHG) for the company’s seat change, which requires a formal resolution by the shareholders and registration of the new address in the commercial register. The members' obligations to accept location changes depend on the contractual terms in the membership agreement between the gym and its members.
Undeterred, Reto sought advice from legal experts, who confirmed that valid reasons for cancelling a fitness contract early can be found in the brochure "Legal Aspects of Fitness Memberships". With this knowledge, Reto persisted in his demand for a partial refund.
In a recent turn of events, Reto has successfully secured a partial refund of his membership fee. This victory serves as a reminder to fitness enthusiasts to carefully review their membership agreements and understand their rights.
Meanwhile, those seeking a more affordable fitness studio for their spring fitness goals can find helpful tips in an offer from Beobachter. Subscribers can also receive the most important Beobachter content from print and digital every Wednesday and Sunday for free, directly to their inbox. For practical everyday tips and pictures to follow for home workout exercises, there's a brochure available as well.
In the end, Reto's determination and understanding of his rights have paid off, and he is once again ready to embark on his fitness journey. His story serves as a reminder for all to stay informed and assert their rights when necessary.
