健身会所因“霸王条款”受处罚

Core Viewpoint - The Pingtan Comprehensive Experimental Zone Market Supervision Administration has initiated a special rectification campaign against unfair contract terms, resulting in five cases, including one involving a fitness club that infringed on consumer rights [1] Group 1: Consumer Rights Limitations - The Pingtan Comprehensive Experimental Zone Market Supervision Administration found that the contracts signed by consumers with Mike Fitness Company contained seven unfair terms that either restricted consumer rights, reduced the company's liability, or increased consumer responsibilities [2] - Specific clauses in the personal training agreement and swimming training agreement were identified as infringing on consumer rights by unilaterally depriving them of their rights to contract changes, cancellations, and refunds [2] Group 2: Increased Consumer Responsibilities - The membership agreement stipulated that if a member wished to cancel their membership, they would incur a penalty of 30% of the card amount, which exceeds the reasonable limits set by law [3] - The terms imposed by Mike Fitness Company were deemed to excessively burden consumers with penalties that are not in line with the actual damages incurred [3] Group 3: Transfer of Responsibilities to Consumers - The personal training agreement included clauses that transferred the responsibility of service provision to the consumer in case of the company's inability to provide services due to closure, which was viewed as an unfair burden on consumers [4] - The regulations state that consumers should have the right to a refund rather than being forced to transfer services, especially in cases of business closure [4] Group 4: Reduction of Business Liability - The membership agreement contained clauses that exempted the company from responsibility for lost personal items, which was found to violate the reasonable duty of care owed to consumers [6] - Such terms were seen as an attempt to completely absolve the company of its responsibilities, which contradicts legal provisions and fairness principles [6] Group 5: Regulatory Actions - The Pingtan Comprehensive Experimental Zone Market Supervision Administration determined that Mike Fitness Company's actions violated consumer protection laws and, after considering the company's cooperation during the investigation, imposed a fine of 10,000 yuan and ordered immediate correction of the unfair contract terms [7]