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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

I presume there are no rights of cancellation ?

Customer: replied 1 year 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 1 year ago.

Is there a written contract at all?

Customer: replied 1 year 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 1 year ago.

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

Expert:  Jo C. replied 1 year 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 1 year 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 1 year 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 1 year ago.

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

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

Customer: replied 1 year ago.
even if there is no signed contract I am still bound by it because I proceeded with the payment?
Expert:  Jo C. replied 1 year ago.

Yes, or otherwise agreed.

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

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