Penalties for the fitness giant. The Office of Competition and Consumer Protection brings charges against Benefit Systems

The Office of Competition and Consumer Protection is charging Benefit Systems with violating the collective interests of consumers and using unfair clauses in contracts, the office said in a statement. If the allegations are confirmed, Benefit Systems may incur a penalty of up to 10%. turnover for each questioned practice and the use of prohibited provisions in standard contracts.

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.

Contract clauses under the microscope of the Office of Competition and Consumer Protection

“According to consumer complaints and the Office of Competition and Consumer Protection's analysis, people using the services of these facilities may encounter unfair market practices when concluding contracts for sports tickets. The President of the Office of Competition and Consumer Protection brought charges against the company. He also questioned the contractual clauses used by the entrepreneur,” the release said.

It was reported that the marketing message about the SMART and STUDENCKA PROMKA SMART offers highlights the promotional price for the first month of passes and provides the amounts of subsequent fees, but omits important data. The Office of Competition and Consumer Protection indicates that there is no information about the terms of the contract, e.g. a 12-month commitment period without the right to early resignation.

“If an entrepreneur focuses only on the attractive elements of the offer, attracts with a promotional price, and hides the significant limitations of the contract and the obligations it imposes, it violates not only consumer trust, but also the law. The omission of data as important as the duration of the contract in the main message could mislead Benefit Systems customers and influence their decisions to use the offer,” said Tomasz Chróstny, president of the Office of Competition and Consumer Protection, quoted in the release.

It was pointed out that at no stage of the purchase path – from the presentation of the offer, through product selection, to finalizing the online order – does the consumer receive clear and visible information about the total price of the SMART and STUDENCKA PROMKA SMART passes.

Full payment is difficult to determine

It was also added that the company only displays the monthly price does not disclose receivables for the entire contract period. Meanwhile, it is necessary for the consumer to receive such information before placing an order if he or she is bound by a fixed-term contract without the possibility of earlier termination.

Another complaint of the Office of Competition and Consumer Protection concerns the practice of Benefit Systems of sending customers e-mails about the expiration of their season tickets.

“This is a message clearly indicating the expiry of the obligation. Meanwhile, in the following months, fees are still charged because the company automatically extends the contracts. The message from the company is misleading. In its light, consumers have no reason to assume that the contract will continue after the specified deadline,” the message said.

In addition, the Office of Competition and Consumer Protection is also conducting proceedings regarding the recognition as prohibited of contractual provisions used by Benefit Systems in relation to certain sports ticket options. These are clauses that automatically extend the contract for another specified period and those that increase prices after the automatic extension of the obligation.

In the opinion of the office, such clauses place the obligation on consumers to take action to avoid continuing the contract and incurring higher costs resulting from its extension. In the absence of action, they assume tacit consent to what the entrepreneur proposes, and this is not tantamount to expressing informed consent to the obligation.

The Office of Competition and Consumer Protection is also conducting two explanatory proceedings regarding the companies CityFit based in Warsaw and WellFitness based in Wrocław. Also in these cases – due to the consumer signals received, the office will check how fitness chains inform about the terms of contracts and the rules for their extension. (PAP Business)

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