T&c’s override regulations?

dannim12345

Hi all,

It’s not a huge amount of money but my boyfriend has managed to sign up for a years membership of ‘pay as you go gym classes’ online by mistake (Move GB) - he signed up to a weeks trail and yes he should have cancelled before the trail ended...

They have said he can’t get a refund as he choose to do a yearly membership after the trail ended. I don’t know what the webpage  he saw so I can’t be sure but when I go on the page now it it say £x per week after the trial no mention of contract length (but I have not continued through to payment). The confirmation emails don’t say anything about a years membership either. 

I thought he would have a cooling off period but I have looked at their t&c’s and it says as it also has digital services/content (it does) that you cannot get a refund once you sign up and the 14 day cooling off period does not apply. 

Is there any argument or regulation he can put to them to try and get a refund? 

hollydays

What exactly are you referring to in " regulations" , in your title? Also have you tried searching google to see if others have a solution 🙂

dannim12345

Sorry should have said - the consumer contracts regulations 2013.  I have tried googling (maybe it’s the terms I’m using?) but I can’t find anything about when t&c’s say the 14 day cooling off period doesn’t apply. Only people signing a ‘waiver’ agreeing that it doesn’t apply. 

No doubt by signing up you are probably ‘agreeing’ to the companies t&c’s but I can’t seem to find out if that is acceptable? 

KatrinaWaves

I don’t believe cooling off applies to renewals 

dannim12345

KatrinaWaves said:

I don’t believe cooling off applies to renewals 

Good point... but I would ‘argue’ it’s not a renewal as the first week was a trial and only after that the membership started/yearly membership money was taken. And it’s still within 14 days of the original sign up. 

LilElvis

           

dannim12345

Thanks all - the main subscription is the gym classes, there is a digital automated ‘personal trainer’ but you wouldn’t sign up just for that but I think they are just using that as the reason there is no 14 day cooling off period. 

On this membership  I think you get cheaper classes and on higher plans (which I have) you can go to X amount of classes per month. He signed up to get a free taster class and should have cancelled ASAP after but didn’t. 

I’m going to try and argue it wasn’t clear etc and see if what they say. It’s not a huge amount of money so it’s not worth taking any further.  No point arguing if within the 14 day cooling off as they have said it doesn’t apply. 

bris

Has he accessed the digital content? If so then he has no rights to cancel. Whether you sign up just for that or not by using the digital content you have started the service.

dannim12345

bris said:

Has he accessed the digital content? If so then he has no rights to cancel. Whether you sign up just for that or not by using the digital content you have started the service.

No he hasn’t.  I was saying, that’s how they are getting around the cooling off period by saying there is digital content. 

Hermione_Granger

bris said:

Has he accessed the digital content? If so then he has no rights to cancel. Whether you sign up just for that or not by using the digital content you have started the service.

Simply accessing the digital content isn't enough for the right of cancellation to be cancelled.
The retailer must have informed the consumer that by starting to use the service in the 14 day period, their right of cancellation will no longer apply and the consumer is required to give their acknowledgement and acceptance about this. 

dannim12345

Hello all, just an update. Managed to get a refund - basically argued it wasn’t clear what he was signing up for and the t&c were hidden away; they argued their case but said would give a refund as a goodwill gesture.