KÜHEYLAN HUKUK
Cancellation of Gymnasium, Private School and Course Registration: Refund of Prepaid Fee and Unfair Conditions Annual membership contracts, 10 percent deduction rule in private education institutions, reduction of in-term withdrawal, closure and penalty clauses have been updated as of 2026
Gym, course and private school contracts are service contracts where the consumer pays in advance or in installments for a long period of time. Deregistration and refund of fees in private schools and courses are subject to special rules in the Private Educational Institutions Regulation of the Ministry of National Education. According to the regulations, if the student leaves before the academic year begins, 10 percent of the annual fee is deducted and the remaining amount is refunded. The Supreme Court overturned the full refund decision, which did not comply with the deduction rate in the regulation. For gym memberships, the refund is determined according to the terms of the contract, whether the service was actually provided and whether the penalty clause is excessive. Excessive penal terms may be reduced, unbalanced terms to the detriment of the consumer may be deemed unfair terms.
Private schools, private teaching institutions and foreign language courses are subject to the provisions of the Private Educational Institutions Law No. 5580 and the relevant regulations. The Regulation determines the amount to be refunded in case of deregistration, as a rule, at a fixed rate; This rate cannot be changed to the detriment of the consumer by contract.
If the student leaves before the academic year begins 10 percent of the annual fee is deducted, the remaining amount is refunded
If the student leaves after the academic year has started 10 percent of the annual fee and the fee for the days the student attends are deducted, and the remaining amount is refunded.
Fee based on lesson hours for courses It is calculated based on course hours with the same logic.
The refund calculation is based on the date on which the institution receives the deregistration request. For this reason, instead of notification by phone, it is important to notify the institution through a written petition submitted to the institution in return for a receipt or through a notary public.
In its decision dated 10.10.2018 and numbered 2017/8224 E., 2018/9262 K., the 13th Civil Chamber of the Supreme Court of Appeals overturned the decision of the local court, which ordered the full refund of the fee after the parent of the student studying with a scholarship canceled the registration in September. In accordance with Article 56 of the Private Educational Institutions Regulation, the Department decided that 10 percent of the annual fee should be deducted and the remainder refunded. The decision shows that the refund amount is determined according to the regulation, regardless of the contractual term.
This approach works in two directions: The institution cannot deduct more than the rate in the regulation; The consumer should also not expect more than what is stipulated by the regulation.
Refund rules in gym membership agreements are not determined individually by law. For this reason, the terms of the contract, Article 5 of Law No. 6502 regarding unfair terms and the provisions of the Turkish Code of Obligations are applied together. If an annual advance payment is made for membership and the member withdraws within the first weeks, leaving the fee for the remaining period without a refund is legally controversial. Excessive penal terms may be reduced by the judge, and terms that create an imbalance to the detriment of the consumer may be deemed invalid.
In cases such as the salon being closed for a long time, lack of equipment and service, or relocation of the salon branch, the service may be considered defective. The Consumer Arbitration Committee and the courts may order a refund for the period in which the service was not provided. Any proposal to extend the membership period during the downtime is subject to the consent of the consumer; The consumer reserves the right to request a refund.
Conditions stipulating that the contract cannot be canceled under any circumstances and no refunds will be made.
Conditions that allow the institution to unilaterally change the fee or scope of service.
Determining the amount of the penalty clause disproportionately to the period during which the service was not used.
Formal requirements that make it impossible for the consumer to notify the institution in writing.
The entire contract price is received in cash and then a penalty clause is stipulated.
An unfair term is void without affecting other provisions of the contract. The Consumer Arbitration Committee and the courts can carry out this inspection ex officio.
1. Written request Requests for deregistration and refund are made through a petition and a receipt is obtained. Refund calculation is based on the application date.
2. Warning to the institution If there is no response, a notary notice will be issued. Useful in terms of proof and default
3. Consumer Arbitration Panel Application for disputes under 186,000 TL (2026) The decision can be objected within 15 days
4. Consumer Court Litigation after mediation in disputes over the value limit A request to reduce the penal sentence is also put forward.
6. Case Study: Student whose registration was canceled before the start of the academic year
The parent registered his child in September and paid the entire annual fee in advance. Before the start of the academic year, the request for deregistration was submitted in writing as a place was found at another school. The school stated that the entire fee is non-refundable.
For deregistration before the start of the academic year, the institution may deduct 10 percent of the annual fee; must return the remaining amount. The non-refundable clause in the contract cannot be applied because it is against the regulation. The parent may apply to the Consumer Arbitration Committee based on his petition with receipt and payment documents. In the calculation, the date on which the deregistration request is received by the institution is taken as basis.
Is the registration fee paid to the school refundable?
The refund is calculated based on the annual fee according to the regulation. Including the registration fee as a separate item in the contract may change the calculation and the amount to be refunded; The contract and payment statement should be examined together.
What if the gym won't let me cancel my membership on the first day?
The terms of the hall contract and how much of the payment is made are decisive. Excessive penal clause may be reduced; The cost of unused time is the subject of a refund request in most cases.
I want to leave because the course instructor has changed, can I get a refund?
Failure to provide the service as promised in the contract may be considered defective performance. The promised service and the nature of the change must be demonstrated with evidence.
How are the remaining installments calculated for the education fee paid in installments?
The fee calculated until the registration deletion date is deemed to have been paid; Overpayment is refunded and remaining installment debts are deleted. The calculation must be made with documents.
Can an application be made to the Arbitral Tribunal due to unfair conditions?
Yes. The Consumer Arbitration Panel examines the invalidity of the unfair condition and the refund of the price paid.
Making the request for deregistration verbally and not receiving written documentation.
Not reading the return conditions from the contract when making a cash payment.
To accept the offer to extend membership during the downtime period in writing and without reserving rights.
Accepting the refund amount without comparing it with the regulation.
Missing the objection period against the decision of the Arbitral Tribunal.
In long-term training and sports contracts, advance payment may deprive the consumer of bargaining power. Explicit regulations, such as the 10 percent deduction rule in private educational institutions, limit the consumer's right to a refund. In areas where there is no regulation, such as the gym, unfair conditions and penal conditions control are the basis for the refund request.
Küheylan Law Firm provides legal support in examining contract and payment documents, preparing written notifications, and conducting court processes with the Consumer Arbitration Panel in refund disputes arising from education and sports services. Correct calculation is decisive in determining the refund amount.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Legislation and judicial precedents may change; The concrete circumstances of each event are different. In order to avoid loss of rights, a case-specific legal evaluation must be made in terms of lawsuit, application and objection periods.
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