Club Lime Won't Refund My Gym Membership Fee

justwii on 16/06/2020 - 23:11
Last edited 16/06/2020 - 23:49 by 1 other user

Short version: I still have credit in my Club Lime account when I cancelled my membership but they won't refund to me.

Long version: Was with Club Lime for a few months (not on contract, just paid fortnightly). Normally there is a 30 day notice to cancel your membership, but due to the pandemic they allowed members to cancel right away. Seeing I won't be able to go to gym in any near future, I took the offer and cancelled my membership while my account was still in credit. Emailed Club Lime to refund my unused membership fee but they denied it, saying charged membership fee are not to be refunded.

Any help?

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Comments

  • mbck on 16/06/2020 - 23:16
    +1

    Checked the pds?

    • justwii on 16/06/2020 - 23:17
      -2

      No mention of such case

      • mbck on 16/06/2020 - 23:19
        +13

        Ofc there's always pds. You're just not looking hard enough or too lazy

        Cancelling Your Membership
        9. Subject to Clause 11, if your Membership
        Plan is Fixed Term (paid in full) or Periodic
        Membership, then you may cancel this
        Membership Agreement at any time
        however:
        a. You must have given a minimum
        of 28 days notice (in advance) of
        your intention to cancel via the
        Online Portal;
        b. You are not entitled to a refund of any
        Membership Fees paid; but
        c. No cancellation fees apply.
        10. Subject to Clause 11, if your Membership
        Plan is Fixed Term (paid by Instalments),
        then you may cancel this Membership
        Agreement at any time before the expiry
        of the Fixed Term however:
        a. You must have given a minimum
        of 28 days notice (in advance) of
        your intention to cancel via the
        Online Portal;
        b. all Instalments as at the date of
        cancellation must be paid in full;
        c. You must pay a cancellation fee
        of $199.

        Tough luck. Read pds next time before signing anything

        • justwii on 16/06/2020 - 23:28
          -8

          Yes under normal circumstances, I need 28 days notice (not 30) to cancel my membership, and then I will normally use up my credit by then, there won't even be any credit left. Now it was Club Lime who offered on the spot membership cancellation, I don't see how this clause can be applied.

          • dizzle on 16/06/2020 - 23:52
            +9

            @justwii: No cancellation fee applies, but:
            9b. You are not entitled to a refund of any
            Membership Fees paid;

          • brendanm on 17/06/2020 - 06:33
            +4

            @justwii: Read the whole thing, not just the bits you want to read.

            • justwii on 17/06/2020 - 13:37
              -1

              @brendanm: Exactly! But say that to yourself, you are the one who just read the bits you want. I read the whole thing that's why a, b and c are to be read together, that's how T&C works. While you just single out b without considering other context.

              • brendanm on 17/06/2020 - 13:42
                +2

                @justwii: Lol, I read them all together, did you? "You must give 28 days notice, however any unused credits are forfeited, and there is no cancellation fee". They removed the 28 day clause due to the covid, the others still apply.

                • justwii on 17/06/2020 - 15:51
                  -2

                  @brendanm: Uh uh, don't try to change the T&C yourself, there is no mention of forfeiting any unused credits

                  • Ughhh on 17/06/2020 - 15:54
                    +2

                    @justwii:

                    there is no mention of forfeiting any unused credits

                    Um..

                    b. You are not entitled to a refund of any
                    Membership Fees paid;

                    What does the above, b) actually mean to you?

                    It also doesnt say they won't give you a free car, so maybe…..

                    • justwii on 17/06/2020 - 15:59
                      -2

                      @Ughhh: It can't be clearer "Paid Membership Fee" not all the credit I have in my account, obviously I don't need to pay any more membership fee and my membership has been cancelled.

                      • dizzle on 17/06/2020 - 17:48
                        +2

                        @justwii: If you want a different answer you will have to look elsewhere or take it up with the gym directly.

                        To be honest, you're repeating the same thing because you're not getting the answer you want. Everyone else here is agreeing that 9b still applies and that it includes whatever payment you have already made.

                        • justwii on 17/06/2020 - 21:39
                          -1

                          @dizzle: The money I put into my account are not payments until billing days.

                          • dizzle on 17/06/2020 - 23:58

                            @justwii: Do they know that? :)

                            • justwii on 18/06/2020 - 01:01

                              @dizzle: Know what? Its their system, they have full records of my account, what else do they need to know that they do not already know?

  • salmon123 on 16/06/2020 - 23:48
    -3

    How much money are you actually talking about? $50, because you paid fortnightly in advance?

    Seriously dude, get over it. Gyms are doing it rough as well these day.

    • WoodYouLikeSomeCash on 16/06/2020 - 23:55
      +4

      $50 is $50, everyone is doing it hard during these times, not just the gyms.

      • salmon123 on 17/06/2020 - 00:07
        +1

        I don't think the OP is entitled to a refund for a prepayment in this case. Best he can hope for is 2 weeks of using the gym when it reopens. Tough cookies if he cant schlep across town to workout.

        • justwii on 17/06/2020 - 15:52

          Why? The credits are unused and my membership has been cancelled.

          • salmon123 on 17/06/2020 - 16:01

            @justwii: See above for the relevant clause from the T&Cs. ACL doesn't entitle you to a refund in this case.

            You might have a case for a refund under ACL, if the gym was closing permanently (but then you'd be a general unsecured creditor).

            As I said, the best you can hope for is 2 weeks access to the gym when they reopen. There's no way you're getting any cash back.

            • justwii on 17/06/2020 - 16:18

              @salmon123: I can understand if listed in T&C I have no case. What bugs me is T&C does not mention anything about my scenario and you guys keep referring me to an irrelevant clause. ¯\(°_o)/¯

              • salmon123 on 17/06/2020 - 16:20

                @justwii: The T&C doesn't have to mention it. It's ACL - you're not entitled to a refund, because you can't be ars*d going to the gym…

          • dizzle on 17/06/2020 - 17:54

            @justwii: They are not a bank. They don't just hold onto your money or any "credit". Any money paid goes toward your pre-paid membership fees.

            Hence 9b. You are not entitled to a refund of any
            Membership Fees paid

            • justwii on 17/06/2020 - 21:28

              @dizzle: No you are wrong on this. The money I deposited into my account are not necessarily just there for up coming membership fees. They can deduct from my credit for classes, personal training sessions, equipments and drinks etc.

              Paid membership fees should just mean the fortnight membership fees I paid while I was still a member.

              e.g. I put $1000 in my account and each fortnight they charge me $70. If I cancel my membership one day after the billing day, clause 9b as best as I understand is I can't get a portion of my paid fortnight membership fee back ($65 in this example), so I agree I can't get back $995, but it makes 100% sense to me I should be able to get back $930

  • Davo1111 on 17/06/2020 - 03:30
    +4

    lol OP try reading the PDS before you try and shame them.

    • justwii on 17/06/2020 - 15:49
      -1

      So what then, PDS does not mention it.

      • Davo1111 on 17/06/2020 - 17:37
        +1

        b. You are not entitled to a refund of any
        Membership Fees paid; but

        • justwii on 17/06/2020 - 21:10
          -1

          Yea so? Paid Membership Fees are not to be refunded, I got that. Hows that related to my case?

  • unknown101 on 17/06/2020 - 19:28

    This is going in circles, OP clearly does not understand. Section 9b can not be any clearer.

    Also Op states that their “case” is not listed on the PDS. Think about it, there could be hundreds of different cases, they can’t name them all but section 9b covers it clearly.

    • justwii on 17/06/2020 - 21:33

      There is a clear difference between paid membership fees and account credit. What makes you think all money I put into my account automatically becomes paid membership fees?

      • Davo1111 on 17/06/2020 - 21:38

        What makes you think all money I put into my account automatically becomes paid membership fees?

        what else can you use it for? it's not a bank account.

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