Can I get a refund foran over billing and cancel a gym membership without paying the early cancellation fee on the contract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get a refund foran over billing and cancel a gym membership without paying the early cancellation fee on the contract?
My gym charged me twice in one month and continued to bill me once a month thereafter. Can I get a refund for the over billing and cancel membership without paying the cancellation fee on my contract? I’m not sure of this would be considered a breach of contract on their end. This is an issue the gym is aware of since this has happened to many of the gym members. They never made any attempt to reach out to me. I had to seek them out with a problem they knew about and all they did was turn a blind eye on the situation until I confronted them about my situation.
Asked on December 6, 2011 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You would be entitled to a return of the overbilled amount (or its crediting vs. future bills or invoices), since the gym is not entitled to more money than you agreed to pay in the contract or service agreement. However, you most likely cannot cancel the contract without incurring the early cancellation fee; that is because a single over- or double-billing, while a breach of the contract (which is why you can recover for it), would almost certainly not be considered a "material," or critical or important breach. Any breach allows you to seek the appropriate monetary compensation; but only a material breach, or one going to the heat of the agreement (such as not receiving the services you are paying for) justifies termination of the contract.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.