You moved, want to leave a gym, or cancel a phone contract, and the company says "the contract runs until the end of the term" and threatens a penalty. In most cases this is not true. You have the right to terminate any open-ended contract, and a penalty clause for terminating such a contract is usually void.
Legal basis: Art. 365¹ of the Civil Code
Art. 365¹ of the Civil Code (Kodeks cywilny) states plainly: an open-ended continuous obligation expires upon notice of termination by the debtor or creditor with the agreed, statutory, or customary notice period, and if no such period exists, immediately upon notice.
In practice: any open-ended contract can be terminated. The company may stipulate a notice period (e.g. one month), but it cannot entirely block your right to cancel. If a company claims you cannot terminate the contract, invoke this provision.
When a penalty clause for termination is void
A penalty for "early termination" of an open-ended contract is a classic abusive clause. Art. 385³ point 17 of the Civil Code prohibits clauses that impose on the consumer an obligation to pay a grossly excessive contractual penalty. The UOKiK (Office of Competition and Consumer Protection) register of prohibited clauses contains dozens of such provisions from gym and operator contracts.
Typical clause: "If a member cancels before the end of the minimum period, they are required to pay a contractual penalty equal to the remaining fees." That is usually 3–6 months of fees for the contract you are leaving. Such a clause is void if the contract is open-ended.
Additional basis: the company changed its terms
Art. 384¹ of the Civil Code gives you the right to immediate termination when the company unilaterally changes the standard contract terms (terms and conditions). In practice: if a telecom operator raised the monthly fee, a gym changed its opening hours or pricing, or a streaming platform changed subscription terms, you have the right to terminate the contract without any consequences.
The company is required to inform you of the change and give you a deadline to submit a termination notice. If it did not do so, you may terminate even after the fact.
Right of withdrawal for contracts concluded online or by phone
If you signed the contract through the internet, an app, or by phone without visiting a shop or service point, you have the right to withdraw without giving a reason within 14 days of concluding it. The legal basis is Art. 27 of the Consumer Rights Act.
This applies to new contracts with telecom operators, digital platform subscriptions, and gym memberships purchased through an app. No penalty may be charged upon withdrawal.
Telecom and internet operators: how to terminate
For fixed-term contracts (e.g. 24 months), the operator may recover part of the device subsidy granted at signing. This is regulated by the Electronic Communications Law and is permitted if the conditions were clearly stated in the contract.
For open-ended contracts, the operator must accept a termination notice with the applicable notice period. Under the Electronic Communications Law, the maximum notice period for consumers is 30 days.
How to proceed with specific operators:
- Orange: termination via the Mój Orange app, in-store, or by registered letter. 30-day notice for open-ended contracts
- Play: via the Mój Play app, customer service (888 888 888) or by letter. 30-day notice
- T-Mobile: via My T-Mobile or in writing. 30-day notice
- Plus: via the Mój Plus app, in-store or in writing. 30-day notice
In every case, keep proof of the termination submission: an app screenshot, a customer service reference number, or a registered letter receipt.
Gym and fitness club: how to terminate
This is the trickiest category because gyms actively use abusive clauses. Before submitting a termination notice, check whether your contract is:
- Fixed-term with a minimum commitment (e.g. 12 months): during the minimum period, cancellation may involve a charge, but only one covering the operator's justified costs, not a "penalty" equal to all remaining instalments
- Open-ended or after the minimum period has expired: you have the right to terminate with the contractual notice period (usually one month). Any penalty clause is void
Specific chains:
- CityFit: cancellation form via the app or email to bok@cityfit.pl. 30-day notice. Penalty clauses in open-ended contracts are abusive
- Calypso Fitness: in writing to the reception or by registered letter to the owner of the specific club. Franchise networks: check the contract with the specific club
- Local gyms: a letter submitted in person or by email is usually sufficient. Many have abusive penalty clauses which you can challenge
Streaming platforms and online subscriptions
Monthly auto-renewing subscriptions are open-ended contracts. You have the right to cancel at the end of each billing period, without penalty:
- Netflix: cancel in account settings on the website. Access is retained until the end of the paid period. No penalties
- Spotify: cancel via the website or app. A switch to the free plan takes effect after the current period ends
- Allegro Smart: cancel in the "My Allegro" panel. For annual subscriptions, the cancellation takes effect at the end of the annual period
- Services that obstruct cancellation: if a platform hides the cancel option or requires phone contact only during narrow time windows, this is a practice violating Art. 24 of the Act on Competition and Consumer Protection (collective consumer interests). Report it to UOKiK
What a termination letter must contain
The letter should be short and specific. Include:
- Your details: name, surname, address, contract or customer number
- Addressee details: full company name and address
- Reference to Art. 365¹ of the Civil Code (termination of open-ended contract)
- Effective date of termination (e.g. with 30-day notice from delivery)
- If the company threatens a penalty: challenge it on the basis of Art. 385³ point 17 CC (grossly excessive penalty as an abusive clause)
- Demand for written confirmation of contract termination
Don't want to write it yourself? writeback.pl generates a ready-made termination letter tailored to your situation. Choose the "Contract termination" option.
Company ignores termination or charges a penalty: what next
- Demand to cease the breach: formal letter with a 7-day deadline and notice that you will file a complaint with UOKiK
- UOKiK: abusive clauses in terms and conditions are practices violating collective consumer interests. UOKiK can open proceedings and impose a fine on the company. File a complaint at uokik.gov.pl
- Consumer Ombudsman (Rzecznik Praw Konsumentów): free assistance at every county authority
- Arbitration Court at the Trade Inspection: free proceedings, requires the company's consent
Summary: how to effectively terminate a subscription contract
- Any open-ended contract can be terminated. Art. 365¹ CC leaves no doubt
- A penalty for "early" termination of an open-ended contract is usually an abusive clause under Art. 385³ point 17 CC
- Did the company change its pricing or terms? You have the right to immediate termination without consequences (Art. 384¹ CC)
- Contract concluded online or by phone: 14 days to withdraw without giving a reason (Art. 27 Consumer Rights Act)
- Telecom operators cannot require a notice period longer than 30 days
- Always send termination with proof of delivery. Email to the company's official address or registered letter