WA Personal Trainer Withholding Full Refund?

[ManWithoutName]

Hi, I would like some advice

So what happened is that I entered a contract with my personal trainer for a six-week program. Turns out the price on the contract was incorrect and I was getting overcharged. At the end of the program, I was owed $305 worth of money. My trainer at the time was very hesitant to refund me, and tried to say things such as the debit company can't do refunds, or that he will give me make up sessions that would equate to $305. I eventually got him to agree to a refund, as if he didn't, he would have broken his terms of conditions for the contract. Which was a separate document that we both signed.

However, he wants to charge me two sessions which we agreed outside the contract as make up sessions. I am told "I verbally agreed to this". At the time, I didn't know I was overcharged by $305! I thought it was about a session or two's worth (it was once I got home that I found out it was $305).

So I contacted him and said to him I wanted to cancel one of the sessions (was going to only do one session out of respect to him as he is running a business and I notified him just over 48 hours till the session, which according to his Terms and Conditions is acceptable. He, however, later on says that these are old conditions from the old contract for the program and therefore are voided). He then becomes unwilling to cooperate and cancels one of the sessions and accepts my cancellation for the second, and expects a pay out for both.

My question is, there was no contract nor any polices stated by the trainer at the time of discussion about make up sessions regarding cancellation fees and what not. I asked if he can provide me with a copy of any policies that support his claim and he said "it doesn't matter because you booked and agreed to them". I also didn't sign anything regarding make up sessions.

Am I within my rights to challenge him from charging me an extra $140 (which he plans to take off the refund) under the Australian Consumer Law or Contract Law?

He is very uncooperative and unprofessional and I would like to know before I go any further, as this is the only course of action.

Thanks!

 

[Ivy]

Hi there,

Are these "make-up" sessions alternative sessions to times that you missed? Normally a "make-up" class or appointment is an alternative time to the ordinary or originally planned time and included in the already paid for fee. Can you please explain a bit more about the sessions and why you were charged for them?

 

[Sophea]

Hi Inzision,

If he is trying to argue that the old terms of your contract are void, he cannot then turn around and claim that they apply to the new verbal agreement. What's more, I agree that if cancellation fees were not discussed at the time of the verbal agreement then they don't form part of that agreement, and he cannot enforce them.

I would be simply sending him a letter of demand for the $305 stating that if its not refunded in 7 days, you will take further legal action.

Alternatively you should take up the overcharge with your bank. Often they can simply retrieve the overpaid funds for you as it is classified as an unauthorised transaction - you didn't agree to pay that much. Then you don't even have to go back through him. Check out this page and scroll down to "Claims for unauthorised payments" Banking and finance - NSW Fair Trading

This is a NSW authority but the situation should be the same Australia wide.

 

[ManWithoutName]

Hi there,

Are these "make-up" sessions alternative sessions to times that you missed? Normally a "make-up" class or appointment is an alternative time to the ordinary or originally planned time and included in the already paid for fee. Can you please explain a bit more about the sessions and why you were charged for them?

No. Sorry, i should have been more clear. Instead of paying me back in actual money(as i was overcharged to begin with), he wants me to take $305 worth of sessions with him. I agreed to this but it wasn't until i worked out that the amount owing was $305. He argues because he went and booked sessions for the upcoming week he is owed $140 in total.

Hi Inzision,

If he is trying to argue that the old terms of your contract are void, he cannot then turn around and claim that they apply to the new verbal agreement. What's more, I agree that if cancellation fees were not discussed at the time of the verbal agreement then they don't form part of that agreement, and he cannot enforce them.

I would be simply sending him a letter of demand for the $305 stating that if its not refunded in 7 days, you will take further legal action.

Alternatively you should take up the overcharge with your bank. Often they can simply retrieve the overpaid funds for you as it is classified as an unauthorised transaction - you didn't agree to pay that much. Then you don't even have to go back through him. Check out this page and scroll down to "Claims for unauthorised payments" Banking and finance - NSW Fair Trading

This is a NSW authority but the situation should be the same Australia wide.

Yes. When i ask for a policy or anything that says i agreed to a new set of terms he claims is irrelevant, and the fact is i booked two sessions therefore i pay for two sessions.
Thankyou for the link ill check it out.