Linz (OTS) – A consumer wanted to improve her fitness and asked a studio about the conditions. During the oral consultation, the impression was that the training cost 99 euros per month. The woman agreed by signing on the tablet. After receiving the contract a little later, the consumer noticed that this amount was due weekly and the total cost was 5,148 euros for twelve months. Early termination was initially refused. Only after consumer protection at AK OÖ intervened did the studio terminate the contract prematurely.
With these AK tips you can avoid a lot of trouble and unnecessary costs:
Monthly instead of annual subscription
It is legally controversial whether a twelve-month commitment is permissible for fitness studios. If this term is chosen, early termination of the contract may not be possible or may only be enforceable through legal dispute. If consumers are unsure how long their motivation will last, they should choose a subscription that can be canceled monthly. More and more fitness studios are offering such tariffs. Although these charge slightly higher monthly fees than annual contracts, the contract can be terminated comparatively quickly.
Our tip: Pay attention to notice periods – terms and conditions often provide for one month until the actual end of the contract.
Only accept additional fees for additional services
In several judgments against fitness studio chains, the consumer protection of the Upper Austrian Chamber of Labor has ensured that additional fees without contractual consideration are inadmissible. It doesn’t matter what the name is. In addition to the activation fee and service fee, registration fees or half-yearly fees are also inadmissible if there is no specific consideration that goes beyond the standard contract.
Our tip: If additional fees are found in a contract without compensation, consumers should have them deleted as a precaution before signing.
Be careful when signing on the tablet
Particular caution applies if the contract is to be signed on a tablet. Consumers are increasingly reporting that they were not given the opportunity to read the contract carefully before signing it. The signed agreement will later be sent via email. The exact terms and conditions are therefore only visible when the contract is already effective. Verbal promises from gym employees become part of the contract, but can hardly be proven by consumers afterwards. To avoid this, AK OÖ demands that consumers be given a copy of the contract before signing on the tablet!
Further information about the gym:
Consumer protection | Chamber of Labor Upper Austria
Questions & Contact:
Chamber of Labor Upper Austria – Communication
Mag. Dominik Bittendorfer
+43 (0)664-82 37 978
dominik.bittendorfer@akooe.at
ooe.arbeiterkammer.at