Hey guys,
Wondering about your opinion on the following subject.
I am taking GoodLife Health Clubs to VCAT for breaching (non-performance under the contract). The story is as follows:
My wife has been a member of our local GoodLife gym since 2014. In June 2020, when they introduced mandatory booking process (as a response to COVID), we thought that it would be better to stay home until the whole situation with the virus becomes better. So, my wife called them and asked to cancel her membership effective immediately. She was snagged with compulsory fees (about $20) during notice period. Given GoodLife reputation it was sort of expected. However, there is a small problem. As per their terms & conditions https://www.goodlife.com.au/terms-and-conditions/ they are to give 28 days written notice if they decide to vary terms of the contract. Original contract specified unlimited entry to the local gym, so implementing compulsory bookings is clearly modification to the contract, which nobody consented to. Obviously, nobody asked our consent when introducing compulsory bookings.
I sent GoodLife numerous emails and a registered mail letter with request to refund $20. No response whatsoever. Contacted Consumers Affairs Victoria 2 times. Received case number but nobody contacted me during last 2 months.
I personally see such behavior as a perfect example of unconscionable conduct on part of GoodLife. Basically, they keep you hostage irrespective of terms of their own contract as long as they have your credit card details.
This type of behavior is widespread and there are numerous class-action cases in US against gym chains.
I failed to find anything of such sort in Australia, so I decided to path the way. I lodged a claim at VCAT with request to refund $20 and (which is the most important!) to force them to perform under the contract, which means contacting each active member in writing and getting their written consent to modification of the contract.
The claim has been accepted and today I got a case number.
However, I have doubts whether VCAT is the best way to go. I personally would prefer Magistrate court as their decisions are legal precedents and they have wider jurisdiction.
So, do you guys think whether I should stick to VCAT or relodge the case in Magistrates. My purpose here is obviously not to get my refund (I already spent $70 vs $20 that I require. I would like to act here as a member of general public to help other who find themselves in a similar situation.
Any other options?
Thanks a lot!
i hope you win