Force Majeure and Service Suspension
The closure of fitness centers during the COVID-19 pandemic raised significant questions regarding the doctrine of force majeure under the UAE Civil Code. Article 273 of the Civil Code stipulates that if a contract becomes impossible to perform due to an unforeseen event, the obligation may be extinguished. In the context of gym memberships, this meant that while facilities were legally mandated to close, the consumer's obligation to pay was generally suspended.
Refunds vs. Membership Freezes
Many fitness providers attempted to offer 'membership freezes' or extensions rather than monetary refunds. Under UAE Consumer Protection Law, consumers have the right to receive the service they paid for or a proportional refund if the service is not rendered. While many disputes were settled through credit notes, the legal baseline remains that a total failure of consideration (the inability to use the gym) entitles the member to seek a remedy.
Dispute Resolution via DED
For unresolved disputes between gyms and members, the Department of Economic Development (DED) in each Emirate serves as the primary regulatory body. The DED's Consumer Protection Division handles complaints related to service contracts. Members are advised to maintain records of their contracts and all communications with the facility to support their claims for refunds or credits.