Can I revoke my contractual declaration?
August 24, 2023 | 35,00 EUR | answered by Mia Schulz
Dear lawyer,
I am Gerda Ehlert and I have an urgent concern regarding my contract agreement. A few weeks ago, I signed a contract with a fitness studio, but now I have doubts about whether I can revoke this contract. I have made this decision because for personal reasons, I no longer have the opportunity to visit the fitness studio and take advantage of the services.
I am unsure if I can exercise my right of withdrawal, as I have already signed the contract. I am aware that in some cases, it is possible to revoke contract agreements within a certain period. However, I am not sure if this also applies to my contract with the fitness studio.
I am concerned that I am bound by the contract and may have to bear unnecessary costs, even though I can no longer use the services. Therefore, I am requesting your assistance to find out if and under what conditions I can revoke my contract agreement. Are there any possible solutions to exit the contract without having to pay high fees?
I thank you in advance for your support and look forward to hearing from you.
Sincerely,
Gerda Ehlert
Dear Mrs. Ehlert,
Thank you for your inquiry regarding your contract with the gym. I understand that you have concerns about whether it is possible to cancel the contract, as you have personal reasons that make it difficult for you to visit the gym and use the services.
In Germany, consumers have a legal right of withdrawal for contracts concluded outside of business premises or through distance selling, including contracts with a gym. This means that you can cancel your contract within a certain period without having to provide a reason.
The withdrawal period is usually 14 days from the date you entered into the contract. During this time, you can withdraw from the contract in writing. It is important to note that the withdrawal must be made in a timely manner and in writing to be valid.
If the 14-day withdrawal period has already expired, there is still the possibility to terminate the contract. One option would be an extraordinary termination for good cause. However, you would need to demonstrate that continuing the contract is unreasonable for you, for example due to health reasons or a move to a distant location.
It is advisable to contact the gym and discuss the situation. Operators are often accommodating and may offer a solution to terminate the contract early, even if there is no longer a legal right of withdrawal.
If you need assistance with drafting the withdrawal or with the extraordinary termination, I am happy to help. It is important to follow all steps correctly to avoid unnecessary costs.
I hope this information has been helpful to you. If you have any further questions, please do not hesitate to contact me. I am here to help clarify your concerns.
Best regards,
Mia Schulz
Attorney specializing in contract law
