Withdrawal from or termination of a gym contract (Greece)

Published byDocMuse

An out-of-court notice (εξώδικη δήλωση) by which a consumer leaves a gym under the special rules of Greek ministerial decision Ζ1-1262/2007: withdrawal within 30 days of receiving the contract, or termination at any time. It asks for the money for the unused part of the programme back within 30 days — on termination after the first 30 days the gym may keep at most 2.5%, and only if the contract says so — and stops recurring charges. A court bailiff serves it, so the date is proven. A generic 'cancel with notice' letter would give all of this away.

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Common questions

Can a gym membership in Greece be ended before it runs out?

Yes. Under ministerial decision Ζ1-1262/2007 the consumer may withdraw within 30 calendar days of the day after receiving the original contract, and terminate it at any time while it runs, with no reason needed. The consumer pays only for services shown to have been received, and the gym refunds the money for the unused part of the programme within 30 days. Gyms must also give the customer a separate withdrawal form.

How much may a Greek gym keep when the contract is terminated?

On withdrawal within the first 30 days, nothing beyond the services already given. On termination after that, at most 2.5% of the value of the unused programme, and only if the contract provides for it. A term providing for a larger deduction, a penalty or payment of all the remaining months runs against decision Ζ1-1262/2007. The notice states the sum claimed, in figures and in words, and the account for the refund.

Why is the notice to a Greek gym served by a court bailiff?

Because meeting the 30-day period and the date from which the termination runs must be provable, and the bailiff's report of service proves them beyond dispute. A word at the reception desk or a message is hard to prove, and the charges may carry on. The notice is signed and handed to a court bailiff (δικαστικός επιμελητής), who serves it for a fee. If the withdrawal period ends in a few days, a registered letter posted within it is also enough.

Do the Greek gym rules also apply to other subscriptions, such as platforms or courses?

The 30-day and 2.5% rules belong to decision Ζ1-1262/2007 on gyms. Other subscriptions follow the terms of the contract, which can be tested for unfairness under Law 2251/1994, and, if the subscription was bought at a distance, the 14-day withdrawal right, used with the notice of withdrawal from a distance contract.