• When you purchase a gym membership, you have the right to know how long it will last and how much you will pay.
• Customers of fitness clubs belonging to the Benefit Systems chain may not be properly informed about the duration and cost of their membership cards.
• Violation of collective consumer interests and the use of unfair terms in contracts – these are the charges brought by the President of UOKiK.

Benefit Systems manages a network of fitness clubs throughout the country, including under the brands Zdrofit, Fabryka Formy, Fitness Academy, My Fitness Place, FitFabric, Step One, Total Fitness, Saturn Fitness, and Interfit Club. According to consumer complaints and an analysis by UOKiK, people using the services of these facilities may encounter unfair market practices when concluding contracts for gym membership cards. The President of UOKiK has brought charges against the company. He also questioned the contractual clauses used by the entrepreneur.

Time for training – a hidden form

The marketing message about the SMART and STUDENCKA PROMKA SMART offers highlights the promotional price for the first month of membership cards and provides the amounts of subsequent fees, but omits important information. There is no information about the terms of the contract, i.e. the 12-month commitment period without the right to early termination. Benefit Systems customers who purchase a membership card online must scroll down the page, click on the information icon or download the document to access this key information. Importantly, it is not necessary to read these terms and conditions in order to click on the ‘Buy now’ button and conclude the contract.

– If a trader focuses exclusively on the attractive elements of an offer, attracts customers with a promotional price, and hides the significant limitations of the contract and the obligations it imposes, they are not only violating consumer trust, but also the law. Omitting such important information as the duration of the contract from the main message could mislead Benefit Systems’ customers and influence their decisions to take advantage of the offer – says Tomasz Chróstny, President of UOKiK.

The misleading nature of this practice is confirmed by consumer complaints:

“I purchased a membership card that was advertised as a monthly subscription with no obligations (…). Only after completing the purchase and using the membership card for the first time (just once), when I attempted to terminate the contract, did the company refer to the accepted terms and conditions, which contained a hidden clause imposing an annual commitment and excluding any possibility of cancellation.”

“In December (…) I took advantage of the ‘Pay PLN 1 and train until the end of the year’ promotion, after which I became bound by a 12-month contract (…), the terms of which prevent me from terminating it early.”

What is more, at no stage of the purchase process i from the presentation of the offer, through the selection of the product, to the finalisation of the online order – does the consumer receive clear and visible information about the total price of the SMART and STUDENCKA PROMKA SMART membership cards. The company only displays the monthly price and does not disclose the amount due for the entire contract period. Meanwhile, it is essential that the consumer receives this information before placing an order if they are bound by a fixed-term contract without the possibility of early termination.

Expires, but continues and costs money

Another allegation by the President of UOKiK concerns Benefit Systems’ practice of sending customers e-mails about the expiry of fixed-term membership cards. This is a message that clearly indicates the expiry of the commitment. Meanwhile, fees continue to be charged in subsequent months because the company automatically renews the contracts. The message from the company is misleading. In light of this, consumers have no reason to assume that the contract will continue after the specified date.

Automatic clauses – no consent

The President of UOKiK is also conducting proceedings to declare the contractual provisions applied by Benefit Systems in relation to certain membership cards options unlawful. These are clauses that automatically extend the contract for another specified period and those that increase prices following the automatic renewal of the commitment. Such clauses shift onto consumers the obligation to take action in order to avoid the continuation of the contract and the incurring of higher costs resulting from its extension. In the absence of such action, they presume tacit consent to the trader’s proposal, which is not equivalent to giving informed consent to the obligation.

If the allegations are confirmed, Benefit Systems may face a penalty of up to 10% of its turnover for each contested practice and for the use of prohibited provisions in standard contracts.

The President of UOKiK is also conducting two preliminary investigations into the companies CityFit, based in Warsaw, and WellFitness, based in Wrocław. In these cases as well, in view of the consumer signals received, UOKiK will verify how fitness chains inform customers about the terms and conditions of contracts and the rules governing their extension.