Original article: Pagaron por adelantado y quedaron sin gimnasio: ODECU alerta por cierre de Energy Club
The widespread closure of Energy Club branches has left thousands of members, who had prepaid memberships, without access to services and with no clear answers regarding refunds. The Consumers and Users Organization of Chile (ODECU) raised concerns, noting that this issue is not an isolated event, but rather a recurring problem affecting consumers who sign up for long-term gym memberships and other subscription services.
According to ODECU, this situation highlights a structural weakness in consumer protection in Chile. «The closure of Energy Club is not just a business problem. It is a mass consumer issue: thousands of people have paid for future services that they will no longer receive,» stated Stefan Larenas Riobó, president of the organization.
Most affected users chose semi-annual or annual plans, attracted by discounts and payment conveniences, and now face the challenge of recovering their prepayments just as the company ceases operations.
The Consumer Rights Protection Law N° 19.496 is clear: providers must adhere to the contracted terms. If the service is interrupted, users are entitled to a proportional refund for the unused period and even compensation for verified damages. However, ODECU warns that a potential liquidation or financial crisis of the company does not erase these rights, although it may complicate effective recovery.
«It can complicate recovery, but it does not eliminate the breach or the obligation to refund proportionally what has been paid,» Larenas emphasized.
The Energy Club case echoes previous instances of gyms and sports services that have shut down in past years, leaving consumers with valid contracts and no recourse to recover their payments. For ODECU, there exists a risk pattern that is replicated in any sector based on memberships and subscriptions.
«When the provider ceases operations, consumers often find themselves particularly vulnerable against other creditors involved in insolvency proceedings,» the organization warned in a press release.
In light of this reality, ODECU proposed urgent reforms: mandatory proportional refund mechanisms for closures, effective guarantees for advance payments, greater transparency regarding companies’ financial issues, and special rules for consumers affected by mass insolvencies.
«Chile needs special rules for services sold with advance payment. Consumers should not have to financially support the company upfront only to be last in line when it fails,» Larenas concluded.
In this scenario, ODECU advised affected individuals to gather and keep contracts, receipts, payment proof, emails, and any relevant documentation. They also recommended calculating the remaining period of use, checking for upcoming automatic charges, and filing complaints with SERNAC to document the situation.
The organization stated it will continue monitoring the case and evaluating alternatives for timely and technical defense of consumer rights.
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