Read the impact of the latest developments in our legal tip Corona: The latest federal decisions and their effects
Updated on 23.3.2020
Emergency situation throughout Switzerland: In order to contain the spread of the coronavirus and to protect the population and health care, the emergency applies until 19 April 2019. Among other things, from midnight (16.03.2020) all shops that do not serve the basic supply must close. Restaurants, fitness centres, cinemas etc. are affected by this ordinance. Sports clubs such as football clubs or swimming clubs, music lessons and certain hotels will also be closed. This naturally raises questions. We have collected answers to these questions.
I have booked a holiday. However, due to the further spread of the coronavirus, the hotel had to cancel my reservation. Do I get back the deposit I already paid for my hotel reservation?
Yes, in principle the hotel will refund the reservation fee. In this case, the contract will be cancelled and the hotel will have to refund you the money you have already received. However, contracts may provide otherwise. We recommend that you approach the hotel and discuss possible solutions (e.g. postponement of your stay or refund of the money).
The gym had to close due to the official order until further notice. What happens to my fitness subscription?
Certain fitness centres have included clauses in their general terms and conditions of business (GTCs) that regulate what should apply in situations such as the present one. If this is not the case in your contract, we recommend that you contact your fitness centre as soon as possible to discuss extending your subscription for the duration of the centre's closure. As the fitness centre is temporarily unable to provide its services due to the ordered closure, a termination of the contract is also conceivable. In view of the current situation, the fitness centre does not owe any compensation. You can, however, demand a repayment from the gym on a pro rata basis for those months in which you are no longer able to train due to the closure.
Trainings cannot take place at the moment due to the coronavirus. What happens with the already paid membership fee?
Es ist davon auszugehen, dass Mitgliederbeiträge nicht zurückerstattet werden müssen. Der Vereinsbeitrag ist kein Entgelt für eine bestimmte Leistung und die Rechte eines Mitglieds erschöpfen sich nicht in der Nutzung der Vereinseinrichtungen bzw. des Vereinsgeländes oder der Teilnahme an Trainings. Anderes kann in den Statuten festgehalten sein. Eine sofortige Beendigung der Mitgliedschaft ist denkbar, sofern die Fortführung nicht mehr zumutbar erscheint.
I have booked music lessons for myself or my child that are no longer taking place. Can I reclaim the amount already paid?
If a private music teacher cancels lessons or is forced to do so due to official instructions, he or she is generally obliged to refund any payments already made. A contract may provide for other arrangements.