An extraordinary termination of a gym contract due to coronavirus protection measures is invalid according to the Munich District Court. The local court therefore ordered the defendant to pay the outstanding membership fees of around 1,200 euros (case no. 161 C 2028/22).
In April 2021, the defendant from Munich concluded an 18-month gym contract with a monthly fee of 74 euros. In August 2021, she gave extraordinary notice of termination and refused to make further payments despite reminders and the involvement of a debt collection agency. The gym (the plaintiff) argued that the termination was invalid. The defendant could have trained at any time in compliance with the coronavirus protection measures, either by providing proof of vaccination or by presenting a negative coronavirus test.
The defendant claimed that it was entitled to an extraordinary right of termination. She had not been able to be vaccinated against coronavirus for personal and health reasons. The district court ruled in favor of the plaintiff. The reason for this was that the studio was open during the period in question and could be used in compliance with the coronavirus protection regulations.
Source: justiz.bayern.de/AZ: 161 C 2028/22
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