Gyms ‘take their time’ to cancel contracts
SA’s National Consumer Commission investigates 85 complaints of people battling to cancel gym memberships.
|||Cape Town - The National Consumer Commission (NCC) says gyms take their own time to cancel members’ contracts, and in some cases people are still debited up to three months after giving notice.
The commission is investigating 85 complaints of people battling to cancel their gym membership and whose accounts are debited even at the end of their contracts.
The complaints were lodged between April and September.
Despite the Consumer Protection Act (CPA) being set up to protect consumers who want to cancel their contracts, 75 percent of the NCC complaints about gyms relate to contract cancellation issues.
NCC spokesperson Trevor Hattingh said: “It could be linked to the administration on the part of the gym, but they take their own time to cancel these consumers contracts. Sometimes consumers were still debited up to three months after giving notice to cancel their contracts.
“People who usually cancel their contracts can no longer afford their gym subscriptions and complained that the gym would take their own time to cancel their contracts or ignore their request altogether.”
Hattingh added that the commission was also dealing with complaints by people whose contracts had ended but whose accounts were still debited.
“Legally when someone’s gym contract comes to an end, the consumer must be notified between 40 and 80 days before the contract ends. It is the service providers’ obligation to inform the consumer personally to give them the option of continuing the contract and explain the new terms and conditions should they wish to continue,” he said.
If there is proof that the company did not inform a customer in the stipulated period, they are entitled to a refund, Hattingh said.
If the gym has notified someone that their contract will come to an end, the onus is on the consumer to notify the gym within 20 working days that they want to end their contract.
Eileen de Boer, Planet Fitness spokesperson, said clients were notified via SMS 40 days before their contracts ended. “Members can request a cancellation 30 days or more before the end of their contract to ensure that we action the cancellation.”
Zone Fitness spokesperson Ariel Smith said since the CPA took effect in 2013, their clients were notified 90 days before their contracts end. “We usually notify them via SMS or email. All our terms and conditions are stipulated in the contracts relating to the 20 business day notification period required.”
Virgin Active said it notified clients, via email or post, between 40 to 80 days before expiry.
“We would really like members to provide us with a month’s notice, but they are able to notify us at any stage up until the expiry day. We have a 40 percent cancellation fee payable if our members would like to cancel within the initial period.”
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