How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I bought 10 sessions with a person instructor but no

Resolved Question:

I bought 10 sessions with a person instructor but no contract was signed and the team and conditions were not explained to me. I now want to cancel the remaining 8 sessions and I am asking for a refund. The gym is refusing. Do they have any legal grounds?
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

I presume there are no rights of cancellation ?

Customer: replied 7 months ago.
According to the terms and conditions the payment is not refundable. However, this was not explained to me when I paid and I was not given to sign any contract.
Expert:  Jo C. replied 7 months ago.

Is there a written contract at all?

Customer: replied 7 months ago.
There is no written contract whatsoever. All the information about the sessions where conveyed verbally but at no point did they say that the sessions are not refundable. I made a credit card payment for 10 sessions but no contract was signed.
Expert:  Jo C. replied 7 months ago.

It doesn't matter whether a contract was signed or not. One clearly exists.

Expert:  Jo C. replied 7 months ago.

The problem with this is that rights of cancellation are not automatic. In fact, they are presumed to not exist unless you negotiate them. A contract is not a contract is either side can cancel.

Therefore, the fact that both of you were silent on the point actually supports their position I'm afraid.

Expert:  Jo C. replied 7 months ago.

You could try to rely on their duty to mitigate their loss.

The reality is that they can sell their personal trainer to another unless exceptional circumstances arise. If so, then you would be entitled to recover minus any actual costs sustained.

Can I clarify anything for you?

Jo

Customer: replied 7 months ago.
even if there is no contract signed there is an implicit agreement between us since it was done verbally? Didn't they have an obligation to inform me of the terms and conditions?
Expert:  Jo C. replied 7 months ago.

It is not an implicit agreement. It is a contract.

Not of this particular term. It is standard in any contract.

Customer: replied 7 months ago.
even if there is no signed contract I am still bound by it because I proceeded with the payment?
Expert:  Jo C. replied 7 months ago.

Yes, or otherwise agreed.

Most contracts are not reduced to writing. They remain a contract.

Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions