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QLD World Gym Cancellation - Is Email a Valid Cancellation Letter?

Discussion in 'Australian Consumer Law Forum' started by Geraldine, 17 August 2016.

  1. Geraldine

    Geraldine Member

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    My partner and I signed up for a gym membership with World Gym on the 13 of June 2016 but we found out that we had to move town for work, so we decided to send a cancellation letter through email the day after. Before doing so we made sure that we checked the Queensland Government Consumer Rights and this is what it stated;

    "Cancelling in the cooling-off period
    You always get a cooling-off period of 48 hours when you join a gym or fitness centre. If you want to cancel the agreement, you must tell them in writing before the 48 hours is over."

    My partner called them and told them we will be cancelling and we are sending them an email. We found that they didn't cancel our membership because we got an email from the debit success people and they have been taking money from our account. So we decided to call them again on the 8th of August to ask them why it wasn't cancelled and that we want to cancel it.

    During the conversation, we told them that we sent a cancellation email and used the email address that was on their website and she changed the subject to finding someone to take over the contract or they will charge us $400 for a cancellation fee.

    This is what we sent them through email including two separate letters;

    (Address of World GYM)

    World Gym


    Dear World Gym ,

    This email is a reminder that I have called in regards to our World gym 12-month membership contract that was signed yesterday Monday, 13/06/2016. Therefore, I hereby terminate both membership agreement with your fitness centre during the 48-hour cooling off period provided under the contract in accordance with the Fitness Industry Code of Practice.

    I confirm I am not liable to pay or have any funds charged to the nominated bank account to pay for any fees, minus the amount you are entitled to retain under my membership agreement in accordance with the Fitness Industry Code of Practice.

    You are welcome to contact me on [Moderator redacted personal contact number]

    Yours sincerely,



    My question is, does an email count as a 'letting them know in writing'? Can they claim they didn't read it or they had the wrong email address because I have got the email address through their 'contact us page' using their website?

    Thank you in advance for replying. :)




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  2. Rod

    Rod Well-Known Member

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    Yes. Australian law recognises email as a valid form of 'writing'.

    No. Can you ask your email provider if they have a log of the message being sent/delivered?
     
  3. Victoria S

    Victoria S Well-Known Member

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    I would write to them demanding cancellation of the contract and a refund of the fees deducted, failing which you will contact the relevant state consumer affairs body which in QLd is the Office of Fair Trading, and attach a copy of the email that you sent them together with the confirmation of it being sent. See how you go. If they refuse, threaten taking them to QCAT.
     
  4. Geraldine

    Geraldine Member

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    I am going to make a formal complaint first with them and follow up.

    I have another question, am I required to come in and signed papers? They told us that we need to go to their office and sign papers. Are they able to do that?
     

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