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NSW Contract Termination - No Cooling Off Period?

Discussion in 'Australian Consumer Law Forum' started by caprica555, 18 November 2015.

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  1. caprica555

    caprica555 Member

    18 November 2015
    Likes Received:

    I signed a 12 week contract with a Bootcamp/Group Training provider in NSW. They did not offer a trial, and I was emailed the contract after speaking to a representative on the phone. The contract states nothing about termination fees or a cooling off period, just that it is a 12 week contract.

    I wish to cancel as I was appalled by the quality of their provided service. I stated that I wished to cancel under the cooling off period...I signed on the Friday, I formally wrote my termination request on the Tuesday; so 3 business days. I checked on the NSW Fair Trading website, and the Code of Practice for Fitness Industry states that a cooling off period should be offered for contracts 3 months or longer. I checked Fitness Australia website, and it seems like they are not registered with Fitness Australia.

    So my question is, does the cooling off period apply as stated on the NSW Fair Trading Fitness Industry Code of Practice?

    If not, how do I get out of this dodgy company? They refused my termination request saying their policy doesn't state a cooling off period.

    Thanks in advance! Learnt me lesson already about being too quick to sign up. I didn't anticipate the provided service would be so terrible.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi caprica555,

    The code does not appear to apply to a business if they are not a registered member of Fitness Australia. However the Australian Consumer Law provides that providers of any kind of good or service must guarantee that their goods or services:
    • are of acceptable quality - do all the things someone would normally expect them to do
    • are fit for any purpose that the consumer made known to the business before buying (either expressly or by implication), or the purpose for which the business said it would be fit for
    • have been accurately described
    • match any sample or demonstration model
    If you feel that the service they are providing doesn't meet any of these guarantees you can write them a letter setting out the basis upon which you feel they have failed to meet the compulsory warranties required by the Australian Consumer Law and request a refund, failing which you will involve the Dept of Fair Trading. This often gets things going. if they still don't want to refund you, you can contact the Dept of Fair trading and tell them what has happened - providing the letters that you have sent.
    DennisD likes this.
  3. DennisD

    DennisD Well-Known Member

    11 July 2014
    Likes Received:

    1. write the business a letter saying they're in breach of the ACL
    2. contact department of fair trading (they'll ask you to include the letter you wrote to the company)

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