Canceled a Gym Membership but Still Being Charged: When the Club Must Stop
In Israel, a notice canceling a membership does not always stop payments on the same day: for a fixed-term gym contract, cancellation generally takes effect after one month. Here is how to document the notice, which deductions are permitted, and how to dispute charges made after the contract’s termination date.
- •1 month — until cancellation of a fixed-term membership takes effect
- •14 days — special cancellation period after concluding the transaction
- •5% or 100 shekels — the lower limit for cancellation within the first 14 days
- •25%, 20%, or 17% — deduction limits according to the third of the term
- •Up to 10,000 shekels — possible compensation without proof of damage
First Determine the Membership Termination Date
Amendment No. 37 to the Consumer Protection Law allows a fixed-term gym membership to be canceled at any time. Such a membership requires written notice, and the cancellation takes effect at the end of one month from the date the notice is delivered to the club. Therefore, a payment for the right to use the gym during that month is not necessarily unlawful in itself. The key question is when the club received the notice and which period the subsequent charge covers.
How to Notify the Club and Preserve Evidence
In the notice, state that you are canceling the membership and include your name, identity card number, and contract details. It is more practical to send the notice by email or registered mail and retain the sent message, proof of delivery, and the club’s response. An oral conversation with an administrator creates evidentiary difficulties, while the law expressly requires written notice for a fixed-term gym membership. Keep the contract, receipts, and bank statements: they can establish the price, the cancellation date, and any excess payments.
What the Club May Receive Before the Cancellation Date
If the provision of services has already begun, the club is entitled to receive a proportionate payment for the right of use until the cancellation takes effect. An early-termination fee may also apply: the difference between the monthly price of the fixed-term membership and the price of a comparable open-ended plan, multiplied by the number of months that have elapsed. This calculation is permitted only if the higher price of the alternative plan was disclosed to the consumer in writing before the contract was concluded. A registration fee forms part of the transaction’s total price and may not be added on top of the maximum permitted cancellation fee.
Limits on the Early-Termination Fee
Even where an alternative plan exists, the deduction is limited by the Consumer Protection Law. For cancellation during the first third of the term, the limit is 25% of the total price; during the second third, 20%; and during the final third, 17%. In addition, the club may not receive more than the amount the customer would have paid for the remaining term without cancellation; the lower amount applies. If the membership is canceled within the first 14 days under the transaction cancellation rules, a different limit applies: 5% of the total price or 100 shekels, whichever is lower.
What to Do About Charges After the Contract Ends
Compare the date the written notice was received, the date the cancellation took effect, and the period stated in the charge. Send the club a written demand to stop further payments, refund the amount charged for the period after cancellation, and provide a calculation of all deductions. Attach the notice, proof of delivery, and the statement, and separately identify the disputed charge to the bank or credit card company. If the club does not correct the situation, a complaint may be filed with the Israel Consumer Council and legal action may be considered; in cases provided by law, when a distance transaction was not canceled and the money was not refunded, a court may award up to 10,000 shekels without proof of damage.
FAQ
Is it enough to call the gym and ask to cancel the membership?
For a fixed-term membership, the cancellation notice must be in writing. A telephone conversation may be used in addition, but it is safer to send an email or registered letter and retain proof of receipt.
Why was another payment charged after the notice was submitted?
Cancellation of a fixed-term gym contract takes effect at the end of one month after the notice is delivered. The club may charge a proportionate amount for the right of use until that date, but it must cancel charges for the subsequent period, apart from a permitted early-termination fee.
May the club retain the registration fee?
The registration fee is considered part of the membership’s total price. The club may not declare it nonrefundable and charge it in addition to the maximum cancellation fee.
How can the legality of a cancellation penalty be checked?
Request a written calculation and confirmation that, before you signed the contract, you were informed of the price of a comparable plan without a fixed term. Then check the limit according to the relevant third of the term and compare it with the cost of the remaining period: the deduction must not exceed the lower amount.
Can a membership be canceled because of a prolonged illness or injury?
According to the position of the Israel Consumer Council, a prolonged or chronic limitation that is supported by a medical opinion and prevents regular use of the gym may constitute impossibility of performing the contract. In the Gil Shimshon case, a chronic leg injury was recognized as grounds for cancellation and a refund without fault on the customer’s part.
What to do next
Send the club a clear written notice and document the date it was received. After one month, check the statement and demand a calculation of every deduction; dispute payments for any later period in writing while retaining all correspondence. If the situation is not corrected, you may contact the Israel Consumer Council or consider seeking judicial relief.
Sources
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