Rest period postpones the end of the contract but does not change the notice period

The law does not provide for a legal right to a rest period. A fitness studio contract is first and foremost a permanent obligation and, like any permanent obligation, can be terminated without notice for an important reason; otherwise it has to be fulfilled without interruption. However, a rest period can be offered individually between the contracting parties - especially as an argument for customer-friendliness - and then also agreed.

The agreement

There are several design options: On the one hand, a corresponding clause can already be included in the contract or the general terms and conditions. Experience shows, however, that the exact wording is very important in order to avoid misunderstandings. The studio can either describe specific scenarios which, when they occur, lead to a rest period; However, it is also possible to generally offer the member a certain time per contract period as a rest period without the need for a specific reason. In any case, care must be taken in the formulation that the member, who is a consumer, does not get the impression that, for example, in the event of a long-term serious illness, he only has a right to rest, although there is a reason for extraordinary termination.

Rest period without a contractual clause

Of course, the studio can also arrange a rest period with the member on request, purely as a gesture of goodwill, without a corresponding written provision in the contract, e.g. B. if the member travels abroad for 3 months due to work.

Provided that a rest period is to be agreed, the DSSV urgently recommends the conclusion of a separate rest period agreement, from which the individual key data can be found. There is, for example, a major difference between whether the contribution is continued to be paid during the rest period or whether the payment should also be suspended.

Continued payment

In the case that the fee continues to be paid during the rest period, it is usually agreed to attach the duration of the rest period as training credit after the end of the term. However, there is a difficulty in practical life: It must be clearly agreed whether the acquired "training credit time" is attached directly to the current (initial) term or whether the contract continues to run normally without taking into account the rest period and the training credit only in the case of termination by notice of termination, should be appended entirely to the end of the contractual relationship. This is a very important difference, because in the event that the training credit is attached directly to the current contract period, the notice period is postponed accordingly, but not in the other case.

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