Gyms often advertise low monthly prices while charging additional fees. The total price must include all mandatory fees.
Legal framework
- § 3 PAngV: total price including service, card and trainer fees
- § 309 No. 9 BGB: contract terms
- § 312k BGB: cancellation button for contracts concluded online
Case law
- OLG Frankfurt, 4 Feb 2021 – a monthly price without the quarterly service fee breaches the PAngV
Case examples
“EUR 19.90 per month”
The price excludes a mandatory “service fee” of EUR 29.90 per quarter. The advertised price is incomplete.
No cancellation button
An online-signed membership can only be cancelled by letter. § 312k BGB requires a cancellation button.
