Hey guys,
I've just cancelled a membership at a certain gym, and while doing so they've informed me that the cancellation won't take effect until after my next monthly installment. That's due on the 10th Feb, so that will apparently be charged to me and I'll still be a valid member through to 9th March.
Is this legal? I feel like since I am already half way through a paid month, it should terminate after that. At the least, it's incredibly sneaky.
Thanks.
read the contract.
It is pretty much February… Standard fare. Sign up Jan, cancel Feb.
Well obviously it was in the contract, that's why they're charging me.
I'm asking if it's legal, since it's not a practice I've ever encountered in any other monthly paid service.
If it's in the contract, were you forced to sign it?
bahahaha
since it's not a practice I've ever encountered in any other monthly paid service.
first time you've joined a gym huh?
yes it's legal. there's no law which states it's illegal for them to cancel until after your next monthly instalment. thread closed.
Of course if its in the contract and you signed it then its both legal and binding.
And consider yourself getting off lightly with that one.
Now be a good citizen, go away and leave us alone
Yes it’s legal. Contracts very frequently have notice periods when cancelling. Why do you think it may not be legal?
Hope?
It's a local government facility, so I shouldn't be surprised.
What does it being a government facility have to do with anything?
All businesses work hard to sign up new customers and naturally don’t want it to be too easy for customers to cancel and end the revenue stream overnight. 1 month is a pretty short period of time to be honest.
So you think that a government facility would be putting illegal terms in their contracts?
Have you not followed the current government?
While it's obvious in this case that they haven't done anything illegal (or anything vaguely approaching anything illegal or even immoral), it's incredibly naive to believe that the government always follows the law.
@callum9999: Oh trust me, I get that. But it's not going to happen at this level. If we're talking about a council gym and corruption, it will be about Councillors mates getting a tender, not an illegal term in a gym contract.
Read the contract. There will be a provision about termination or notice. Whatever is in the contract is the answer to your question "is it legal".
Whatever is in the contract is the answer to your question "is it legal".
This is incorrect. Just because its in a contract doesn't make it legal.
Finally someone gets it. I understand it's likely fine, but it's naive to take everything at face value.
The chance that there is an ILLEGAL term in your gym membership contract is exceedingly unlikely. Read the thing. Just requiring two months notice is not illegal.
what does your contract say?
(profanity) me for trying to save some money right?
Oh sorry, if you want sympathy then please post it on your Facebook wall.
If you're seeking actual facts, then post here
I was asking for a simple answer. Instead I just got a bunch of variations on 'hur dur read the contract'.
Lol
'hur dur read the contract' is really the most appropriate course of action.
'hur dur read the contract'.
Sounds like an answer to me…
Instead I just got a bunch of variations on 'hur dur read the contract'.
What else were you expecting? It's literally in your contract, and yes, it's legal. Cancel it one billing cycle before you expect to last use it.
Is this legal?
What does the contract say?
Well obviously it was in the contract, that's why they're charging me.
Then yes its legal.
It is standard practice, most gyms would have a 2 weeks to 1 month notice period. If you are telling them a few days before your next charge, they generally won't pro rata it for you and will cancel it within the 2 weeks or 1 month notice after the next direct debit.
Nothing is illegal about that clause within your contract. And generally, the cheaper the membership the longer the notification period.
I think it's a fair enough question. I'm sure there are still legal requirements around contacts and things that they must make you aware of when joining (which I'm assuming they didn't).
Surely they can't put in a term that says you can never leave, they get ownership of your house, your first born and you have to do their washing for a year and then hope you sign it.
Surely they can't put in a term that says you can never leave, they get ownership of your house, your first born and you have to do their washing for a year and then hope you sign it.
They can put that in their terms if they want to. It's totally up to you whether you sign such a contract.
You may be able to take them to court to have a clause or maybe even the whole contract declared unfair, but there's nothing to stop them from putting such a clause in a contract in the first place.
https://www.accc.gov.au/business/business-rights-protections…
Apparently I shouldn't have dared asking such a question. Blasphemous.
'It is legal' would've sufficed as an answer.
If it's in the contract you signed, then it's legal.
If it's not in the contract, then you can contest it.
We don't know what's in your contract.
Read your contract.
That's as much as we can help.
Just because something is in a contract you signed, doesn't mean it is legal.
This charge might be. But the claim "if it's in the contract you signed then it's legal" is completely false.
which gym?
He mentioned it above, fitness first.
where?
It should be fine, however you can probably use the gym up til that date so I would make the most of it if I were you.
Isn't this standard practice with a lot of contract subscription based transactions ? NBN , mobile phone service etc
From my point of view, that's an abusive clause that is standard practice in Australia. That works for gyms, telecoms, and most services around.
Yes, it is legal, but contracts might me considered abusive by the ACCC (or "the justice").
Not everything that is on a contract is OK.
https://duckduckgo.com/?q=abusive+clauses+consumer+contracts…
Considering that you don't have a long-term contract, I'd say that 10 days is a lot of time for them to cancel the membership and avoid charging you the February fee. You are already paying for 10 days that you might not even use.
TPG charged me the following month when I cancelled my ADSL years ago… I cancelled days before the next monthly fee was supposed to be charged. I contacted them and argued that it was ridiculous to force me to pay another month considering that I wouldn't be living there anymore. They cancelled the charge.
Australia is not an example to the world in terms of consumer rights, and most companies are used to customers that are passive and accept whatever they say.
Thanks for the constructive response.
I have asked them to waive the fee, so we'll see where that ends up.
The ACCC is always an option if they refuse.
I don't even care about the money. I've been a member for 3.5 years so it just feels incredibly disingenuous.
(profanity) me for trying to save some money right?
I don't even care about the money.
Try not to be so literal sometimes. You'll have more fun.
Sell someone your membership card for the month at a discount on Gumtree?
That's likely against the rules and might result in a fine. I think that OP believes that paying for an extra month is unfair, which it is, and is trying to do the right thing here…
'hur dur read the contract'
Read your initial contract terms….