Kazakhstan fitness club forced to refund customer after illegal fee withholding
In February of this year, the Department of Trade and Consumer Protection in West Kazakhstan Region received a complaint from a local resident regarding a fitness club, our website reports.
According to the complaint, on December 17, 2025, the consumer had signed a one-year service agreement with the fitness club, paying 257,600 tenge for the membership. However, on December 30, 2025, the contract was terminated at the client's initiative, even though he had not actually used the club's services.
Despite this, when refunding the payment, the fitness club withheld 20% of the membership fee—51,520 tenge—citing the terms of the contract.
To verify the claimant's arguments, the Department conducted an unscheduled inspection. A representative of the fitness club explained that the deduction was provided for in the internal terms of the agreement.
However, it was found that this provision violates Clause 1, Article 8-1 of the Republic of Kazakhstan's Law On Consumer Rights Protection, which prohibits including terms in contracts that infringe upon consumer rights. Additionally, Clause 2 of the same article declares void any conditions that deny refunds for services not actually rendered.
Following the inspection, the Department issued an order to rectify the violations and return the withheld amount. The fitness club complied immediately—51,520 tenge was refunded to the consumer on the same day the order was received.
The agency emphasized that contractual terms cannot contradict the law, even if signed by both parties.
They also reminded consumers that when terminating a contract for services not provided, they are entitled to a full refund, and in case of violations, they should seek protection of their rights.
Earlier, a 70-year-old resident of Akmola Region won a dispute with a well-known online marketplace.
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