McFit: Is approval of turns in the turnstile legal?

Updated: 26/04/2022 – 14:26

Gymnastics chain raises prices
McFit gets approval for price increases on turnstiles

Photo: Getty Images / mediaphotos

Gymnastics chain McFit has increased its membership fees. Approval must be given by passing through the turnstile.

Fitness studio chain McFit is causing a bit of trouble by communicating a price increase. After a short notice of the new contribution amount, customers must give their approval by going through the counting cross.

Fitness chain McFit raises prices: New and existing customers will have to pay 25 percent more from April 1st. This increases the monthly membership fee from EUR 19.90 (Basic) to EUR 24.90. Those who have previously given consent may soon do so unconsciously. Namely by passing through the turnstile at the entrance to the respective studio.

Gymnastics chain McFit raises prices: Members agree via turnstiles

For the past few weeks, fitness center chain McFit has been sending emails to its customers informing them that price increases are waiting and that the new contract needs to be approved. On March 23, the company informed affected customers via email that they would have to pay more from April 1.

The approval must be given almost randomly, as stated in an email quoted by RTL: “You can contact customer service for this or easily get through the counter on your next visit to the studio.”

“To continue to allow you to play your favorite sport at McFit, we need to adjust the prices of your contract model – also taking into account the changing market environment,” the announcement read, prompting customers to add new services, as reported by Spiegel .the. The Corona pandemic and its effects on the economy “did not leave the fitness chain untouched”. However, the possibility of objecting to the price increase was not mentioned in the letter.

For this reason, signs have recently been put up at the entrances to many studios. “We need your consent to the planned premium adjustment. By passing through the turnstile, you declare this consent.” In concrete terms, this means that the members do not have to actively join the new contractual relationship. It would be enough for them to get into the studio and go through the counting cross. They would then automatically accept the premium increase. But is it legal at all?

Is McFit’s action allowed?

Lawyer Nicole Mutschke told RTL that she found McFit’s behavior strange and that it was not intended by the legislature. According to the expert, anyone who does not want to agree to the increase in contributions may face a legal dispute. Muschke also advises: “Or you should contact McFit and try to find an amicable solution if you do not want it.”

Josephine Frindte from the Berlin Consumer Advice Center told that price increases during the contract period are fundamentally illegal. “Members should continue to pay the agreed amount at the conclusion of the agreement and object to the price increase in text form. If the price increase is still requested, there is an extraordinary right of termination,” says Frindte.

Further down in the message at the turning cross, it also says: “If you do not agree with this, you can still train, but please contact our customer service before the next study visit.” Anyone who does not agree with the contribution change can object. However, it is unclear whether McFit will then terminate the contract or whether the previous monthly fee will continue to be paid until the contract expires.

The short-term announcement of an increase in the monthly fee from EUR 19.90 to EUR 24.90, which is still cheap, and the somewhat dubious implementation is expected to annoy some members who are wondering whether this procedure is legal.
McFit has not yet issued a statement.



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