WA Australian Consumer Law - Paid Personal Trainer but No Service?

[alex]

So I paid a personal trainer $5000 upfront for 75 sessions.
However, I was sick for a few months, and when I went back to training, I found out he's left the state (I'm in WA) and I can't contact him by phone or email. What can I do under Australian Consumer Law?

 

[John R]

Hi Alex,

1. Did you pay the personal trainer directly or his gym?
2. Do you have emails, receipts and/or invoices to confirm that you transferred payment to the personal trainer? (e.g. bank transfer confirmation, receipt from personal trainer, etc.)
3. Does the personal trainer have an Australian Business Number (ABN)?
4. How did you find out that the personal trainer has left the state?

 

[alex]

I paid the trainer directly.
I have confirmation that I dropped it into his account. (Bank transfer confirmation)
I also have a contract stating that I was required to pay $7500 for the 100 sessions but only deposited $5000 at the time. And was to deposit the remainder at a later date.
Yes he does, I'm not sure what it is but I'm sure the gym he was working at can give it to me.
The gym he was at told me that he'd left to go back to the east coast.

 

[alex]

There was also a note on the contract that says there is no refunds. Don't know if that helps

 

[alex]

But I did not receive an invoice saying it had been paid

 

[Tim W]

One other question - do you want the training, or the money?

 

[alex]

The money

 

[Sophea]

Hi Alex, had you used any of the PT sessions? Is there anything in the contract that states you are required to use the 10 sessions within a certain period of time?

If not, its likely you would have grounds to sue the guy for the return of your deposit. The refund clause is irrelevant if you have not received your end of the bargain, and it appears that the PT has no intention of upholding his end of the bargain.