I went to a gym to get information about the various types of subscriptions. The girl I found at the reception explained that there was a last-minute promotion for a subscription that included both the weight room and the courses, at the price of 200 euros per year. To take advantage of it, I had to register at that moment. So I signed some digital documents without being able to review them, and I paid. Only after repeated requests was I sent the signed documents and I discovered that the subscription was linked to a contract for a total amount of 700 euros, to be paid in monthly installments over a year. In the contract, I do not find clear information about the price or the right of withdrawal. Can I do anything?
F.R.
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To be able to respond precisely, in this case, it would be necessary to carefully examine all the signed documents. However, it is certain that signing digitally without reading the contract, in itself, does not allow one to avoid the commitments made. In the case described by the reader of “Il Tirreno,” however, the problem is different: the gym would have presented an annual subscription costing 200 euros, then making the signing of a financially very different operation, for a total of 700 euros. Before concluding the contract, the professional must clearly and understandably communicate to the consumer the characteristics of the service, the total price, and the payment methods. Hiding the actual cost of the operation or presenting as a simple subscription what also involves signing a credit contract can constitute a misleading commercial practice pursuant to articles 20, 21, and 22 of the Consumer Code. There may also be a violation of the obligation to act in good faith during negotiations, provided for by article 1337 of the Civil Code. If it were proven that the consumer was induced to sign through false information or by concealing decisive circumstances, cancellation of the contract for fraud or error could also be requested. It is not prudent, however, to state that the contract is necessarily void solely because the price is not indicated in the subscription form. Nullity can be invoked when the consideration is neither determined nor determinable considering the entire contractual documentation. Before making this claim, it is therefore necessary to verify whether the amount of 700 euros, the number of installments, and other costs appear in one of the signed documents. Particular attention must be paid to the contract linked to the subscription. If it is really a consumer credit contract, the customer has the right to receive a complete copy and can withdraw within fourteen days. The term starts from the conclusion of the contract or, if later, from the moment the consumer receives the mandatory conditions and information. Late delivery of the documents could therefore affect the start of the term. Otherwise, for the subscription signed directly on the gym premises, there is generally no right of withdrawal of fourteen days provided for contracts concluded at a distance or outside commercial premises. The lack of reference to withdrawal does not therefore, by itself, determine the nullity of the contract. The first step is to immediately send a written dispute both to the gym and to any financing company, reconstructing what was promised, contesting the difference between the declared 200 euros and the requested 700 euros, and requesting the suspension of the installments. It will be useful to keep messages, advertisements, receipts, and names of any witnesses. If the reconstruction is confirmed, the consumer could request the cancellation or termination of the contracts, the refund of the amounts paid, and, in more serious cases, report the practice to the Competition and Market Authority.
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Legal help desk service: Il Tirreno relies on the competent and qualified collaboration of the law firm Depresbìteris-Scura. The professionals of this firm answer weekly the questions sent to sportellolegale@iltirreno.it.
