Good day,I signed a contract with a gym,...

Asked by Krishna on 25-08-2021 16:05:16
Question posted in the Consumer Protection Law category relating to Gauteng

Good day,

I signed a contract with a gym, my mother being the member and I was responsible for her account, as they had opening specials. I was promised yoga classes for her but when I checked the schedule they didn't have any classes during her time of visit to the gym. I requested if they could accommodate something for her. They did to some point but didn't have anything at regular intervals where she could come in incase she missed that one. I wasn't happy about that and went on to request a cancellation of the contract and they said that I would have to pay a cancellation fee of R3000. So they go and say this out of the blue. Me being a noob at gym contract did not know about this and I was not told by the person who handled my contract. I was not told of a 5 day grace period to cancel the contract. I was almost 1 month into it and I thought I had time to cancel as they did not mention it. They did not give me a copy of the contract to take home with me to fully understand the clause of the contract. When I sent an email to request the contract they wouldn't even answer emails. I had to take time out of my wworking hours just so that I could go and get the contract personally. Even when I went there the receptionist did not have the contract with her and further delayed. I had to remind them repeatedly for the contract. After receiving it I went and wrote them a written notice to cancel my contract and willingly paying for the month of September. So they delayed giving me the contract and expected me to still pay a cancellation fee which they didn't bother mentioning. I went through CGSO (Consumer Good and Services Ombud) to intervene and help me figure out this malpractice. The CEO or manager of the gym replied to them with lies saying that I was given the contract on the day so they closed the case. I have emails sent to them requesting for the contract after all the drama. So he basically lied. Someone of that stature openly lying. I have that on paper. They have been repeatedly demanding money but I have been asking them repeatedly who pays for their lies but they don't seem to have an answer. They handed me over and are seeking the money legaly. I want to know what are my legal rights in this matter. Why should I pay for their mistake?

Information Requested by Lawyer

Posted by Att. Patrick on 26-08-2021 18:17:14

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.

Was the contract a 1 year contract, or a month-to-month contract?

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

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