New Yoga Life

Who should refund the Yoga card transferred to the trainer?

Ms.

Li paid a card fee of 4300 yuan to the yoga teacher’s personal account through Alipay, but the yoga studio was closed after the card was issued.

Ms.

Li sued Mr.

Wang, the yoga teacher, the investor and the actual operator of the yoga studio, to the court for compensation.

Recently, the Haidian Court ruled that Mr.

Wang returned 4300 yuan to Ms.

Li.

Ms.

Li complained that she had held classes at the yoga studio involved in the case since 2019, and after being persuaded by Ms.

Zhang, a yoga teacher, she transferred 4300 yuan to her Alipay account for renewal.

However, before the new card was opened, the yoga studio issued a notice of closure and has not yet resumed its business.

Later, it was found that the main body of the yoga studio had been cancelled before its renewal.

Ms.

Li believed that Mr.

Zhang and Mr.

Wang, the investor of the yoga studio, should jointly bear the responsibility for refund.

Mr.

Wang, who was summoned by the court summons, refused to appear in court to participate in the proceedings without justifiable reasons, and did not reply.

Mr.

Zhang said that he was only the teacher of the yoga studio, and Mr.

Wang was the investor and actual operator of the yoga studio.

Ms.

Li did transfer the yoga card fee of 4300 yuan to herself, but because the yoga studio defaulted on the salary, Mr.

Wang orally told him that the fee was deducted from the salary, so he should not return the yoga card fee to Ms.

Li.

The court held that Ms.

Li paid the annual card service fee to buy yoga services.

Although she paid the service fee to Mr.

Zhang’s Alipay account, Mr.

Zhang is the yoga teacher employed by Mr.

Wang, and is not the counterpart of the service contract.

The yoga studio has been closed and cannot continue to provide corresponding services to Ms.

Li.

The service fee should be refunded to Ms.

Li.

The court finally made the above judgment.

After the judgment was pronounced, neither party appealed, and the judgment has now come into force.

Source: Beijing Daily Client | Reporter Gao Jian Process Editor: U016.
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