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Old 20.04.2019, 22:31
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Gym Contract Auto-renewal

Hi,


My gym contract is about to auto-renew, and unfortunately I missed the 1 month notice deadline.


However, according to https://www.konsumentenschutz.ch/ist...rung-rechtens/ they must send me a reminder of the impending auto-renewal. "Rechtzeitiger expliziter Hinweis auf bevorstehende Vertragsverlängerung, damit genügend Zeit bleibt, den Vertrag zu kündigen."


Is this true? My gym contract explicitly says that they wont send a reminder.



Thanks!
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Old 20.04.2019, 22:34
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Re: Gym Contract Auto-renewal

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Hi,


My gym contract is about to auto-renew, and unfortunately I missed the 1 month notice deadline.


However, according to https://www.konsumentenschutz.ch/ist...rung-rechtens/ they must send me a reminder of the impending auto-renewal. "Rechtzeitiger expliziter Hinweis auf bevorstehende Vertragsverlängerung, damit genügend Zeit bleibt, den Vertrag zu kündigen."


Is this true? My gym contract explicitly says that they wont send a reminder.



Thanks!
If it is clearly in the terms & conditions and you signed that, you are stuck with the membership for another year I´d think.
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Old 20.04.2019, 22:42
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Re: Gym Contract Auto-renewal

According to the website I linked it would still be illegal: "Nach Ansicht des Konsumentenschutzes und zahlreicher Rechtsexperten ist eine automatische Vertragsverlängerung höchstens dann rechtens, wenn der Anbieter den Kunden sowohl vor Vertragsschluss als auch rechtzeitig vor der Vertragsverlängerung klar und deutlich informiert"


But I am not 100% sure of the reliability of the website so I was hoping to find more sources.
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Old 20.04.2019, 22:58
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Re: Gym Contract Auto-renewal

Migros fitness automatically cancel if you don't renew.

Perhaps change provider?
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Old 20.04.2019, 23:15
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Re: Gym Contract Auto-renewal

The website is reliable, they don't say it is illegal, they only say that they think it is not allowed to automatically extend without extra notification.

In the end if they keep demanding your money and you keep refusing to pay, a Judge will have to decide. And since the law does not explicitly forbid such practice the outcome of that is unclear upfront. Also such route takes time and is costly, you'd risk having to pay a whole lot more and have a registration in the betriebungsregister. Also the Swiss like the law, but they also love the idea that people are responsible for what they sign up for. You agreed upfront that no notifications had to be send, which is making your case even weaker than it already might be.

Just try to sell your abo, even accepting a loss of lets say 150,- will be much easier than going all the way.
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Old 22.04.2019, 10:53
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Re: Gym Contract Auto-renewal

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According to the website I linked it would still be illegal: "Nach Ansicht des Konsumentenschutzes und zahlreicher Rechtsexperten ist eine automatische Vertragsverlängerung höchstens dann rechtens, wenn der Anbieter den Kunden sowohl vor Vertragsschluss als auch rechtzeitig vor der Vertragsverlängerung klar und deutlich informiert"
The Konsumentenschutz differentiates between desirable autorenewables and undesirable ones, insurances for example (they're autorenewable) aren't listed as problematic even though everybody is affected. While that may make sense from a real-life perspective (most would rather pay for another year of insurance than go without) I don't see how that can hold from the perspective of legality. What's good for the goose is (and must be) good for the gander.

IMHO the best thing to do with these kinds of contracts when a possible (though unlikely) short interruption is not an issue, is to cancel upon signing up (and having the notice individually countersigned by the supplier). Renewal will never be an issue, should you decide to.
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