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Health Club will not refund /False Class claims - Bankrupt?

 
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Smaug the Golden



Joined: 04 Dec 2013

PostPosted: Wed Feb 19, 2014 2:24 am    Post subject: Health Club will not refund /False Class claims - Bankrupt? Reply with quote

I want to get my money back. How can I make the health club give me half my cash back and cut my membership in two?

I joined a health club recently. It is brand new and huge.

I had a Korean co-worker call them and ask exactly in certain terms if they had yoga class. They affirmed they had yoga class as well as other types of classes. I then visited and again was told they will have yoga class. I even have a printed flyer of their types of classes including yoga. I attended yoga classes for a while as well as some other ones. Then weeks ago they stopped the yoga classes. They told me they did not have enough members who wanted yoga. If they get more members who want yoga they may start the classes again in 1 or 2 months.

I paid in cash for a long term membership. They will not return any amount of that for a cancellation of half of the time left on the membership. The place also let go one clerk check in girl and another exercise leader. I am assuming the place is losing money on the operation expenses and may even have gone into debt to buy all the equipment. It is only somewhat busy at night and even then not more than half full.

Is there anyway I can get the owner to give me half the money back as if I signed for a 3 month and not a 6 month?

He refused this idea. I told him I was unhappy because I was told there was yoga. His response was in a while they might have the class again and that I should participate in the stupid fit kick or dance aerobic class.

What can I do about this other than be a brat and leave my wet towel on the floor and shave my arms and legs in the shower and fart caustically on the weight bench causing it to be permanently infused with old american cheese whiff? Of course I do not do that though. I am a good guy my diet and digestion patterns are free of this sort of cheesing.

On an unrelated note I find it strange and mildly foolish hygienically for the club to have free disposable razors in the shower that seem to be reused but I guess if you coated it with soap maybe it would kill most germs? I will not try this though.
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Jake_Kim



Joined: 27 Aug 2005
Location: Seoul

PostPosted: Wed Feb 19, 2014 3:12 am    Post subject: Reply with quote

Actually this is a typical topic of consumer disputes all over the country, the worst case of which goes as far as recently-opened establishment 'vanishing' overnight leaving paid members with nothing.
Refusing mid-contract cancellation is also a typical response by gyms, citing 'the membership fee is non-refundable' or 'you got a huge discount when signing up long-term so cancellation penalty will wipe out most of the unconsummated portion of the fee' etc.
Nevertheless, Fair Trade Commission made it clear that even such contracts should be cancellable subject to cancellation charge of no more than 10% of the total payment, regardless of the penalty rate stated on your contract if higher, as such a high rate is deemed unfairly unfavorable to consumers and legally void under the Act on the Regulation of Terms and Conditions.
What you need to do first is to send a written (in Korean, of course) statement of intent to cancel to the gym via '내용증명우편'. This is different from registered/certified mail, this is a 3rd-party guarantee of the contents delivered, not only the fact of delivery, widely used in legal contexts in Korea.
There is no particular form or format required by the regulators for this written statement, but you'd still need to specify baseline facts such as the contract you want cancelled, parties to the contract, effective date of cancellation, etc.
Still, it is likely that the gym wouldn't budge by a piece of paper that is non-binding. But now that you have a Post Office record that you've sent the statement, you can take it to Korea Consumer Agency & Fair Trade Commission.
Or, before you actually take your case to them, you can inform the gym that you're about to make a big fuss with the regulators and urge them to settle. Taking things to the authority in Korea is as persuasive as a threat to sue as long as your counterpart is a small fish, whilst an actual civil litigation gets you very little too late in net terms.
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Smaug the Golden



Joined: 04 Dec 2013

PostPosted: Wed Feb 19, 2014 6:14 am    Post subject: Reply with quote

Thanks Jake. I'm not sure if I will act on the letter idea. I am sure this could happen in the USA in smaller chains or private gyms too, I guess I should have joined YMCA which has a corporate hierarchy that would not want their gym's rep to go bad with promised classes that get canceled. I thought it was a reasonable compromise on my part. But, I might guess the owner really needs to pay off some interest and can not print money like the USA government to solve debt. I did put the towels in the right bin last time I went but next time I may blow dry my hair in the locker room even though I am afraid of electrocution. No I am not that petty. But I may eat a black bean salad tomorrow before I work out.
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coralreefer_1



Joined: 19 Jan 2009

PostPosted: Wed Feb 19, 2014 8:43 am    Post subject: Reply with quote

I dont mean this to come off as negative, because believe me, i am on your side.

With that said, lets look at the situation from the perspective of the gym owner.

You say you joined the gym in part because of a yoga class you were promised. Yet to the gym, a yoga class is more or less an "extra" benefit..in that most people join a gym for the (however limited) health machines, weights...etc.

From what I can gather from your post, you are upset because you are not getting the "extra" stuff for your money. I say again, i feel your pain..but you joined a "gym"..and still have access to a "gym" , although not with the added perks you signed up for.

From their point of view, if yoga was that important to you, then you would be better off joining one of what seems like thousands of yoga schools/classes offered in even the most bumpkin areas of Korea. Yet you joined a "gym"..and again...still have access to a gym.

In short, they are providing at least the "core" of what whatever contract you signed says they are to provide. You agreed to pay for a gym, and you still have a gym, although it may not be what you envisioned or wanted.

In the future, if a certain aspect of fitness (yoga/spinning/aerobic kickboxing...whatever) is that important to you, then you will be much better off focusing on that area and putting your money into a place/membership that does that.

Also, a bit of advice. Never pay for in advance an extended membership in a "new" business/service. Such things here die so quickly it seems like there is an insurance scam for failed businesses.


On the legal site, writing or sending formal letters will likely get you nowhere. If in fact the gym is losing money and laying off employees, then its very likely there are other creditors down the line somewhere who are losing or stand to lose MUCH more than your membership fee loss..putting you at the very bottom end of people likely never to recoup their money.
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rainman3277



Joined: 13 Sep 2009

PostPosted: Wed Feb 19, 2014 4:04 pm    Post subject: Reply with quote

coralreefer_1 wrote:
I dont mean this to come off as negative, because believe me, i am on your side.

With that said, lets look at the situation from the perspective of the gym owner.

You say you joined the gym in part because of a yoga class you were promised. Yet to the gym, a yoga class is more or less an "extra" benefit..in that most people join a gym for the (however limited) health machines, weights...etc.

From what I can gather from your post, you are upset because you are not getting the "extra" stuff for your money. I say again, i feel your pain..but you joined a "gym"..and still have access to a "gym" , although not with the added perks you signed up for.

From their point of view, if yoga was that important to you, then you would be better off joining one of what seems like thousands of yoga schools/classes offered in even the most bumpkin areas of Korea. Yet you joined a "gym"..and again...still have access to a gym.

In short, they are providing at least the "core" of what whatever contract you signed says they are to provide. You agreed to pay for a gym, and you still have a gym, although it may not be what you envisioned or wanted.

In the future, if a certain aspect of fitness (yoga/spinning/aerobic kickboxing...whatever) is that important to you, then you will be much better off focusing on that area and putting your money into a place/membership that does that.

Also, a bit of advice. Never pay for in advance an extended membership in a "new" business/service. Such things here die so quickly it seems like there is an insurance scam for failed businesses.


On the legal site, writing or sending formal letters will likely get you nowhere. If in fact the gym is losing money and laying off employees, then its very likely there are other creditors down the line somewhere who are losing or stand to lose MUCH more than your membership fee loss..putting you at the very bottom end of people likely never to recoup their money.


I have to agree here. Since there are independent yoga classes available around, the gym would just argue you joined the gym not only for the yoga, even though I'd agree with you that it's reason enough to be able to get a refund.
And I couldn't agree more with the suggestion of not paying for a full year ahead of time. I've personally been burned with the sudden close and run away with money tactic. Now I pay 3 months or maybe 6 at a time. Usually the difference in not too much to a full year when you break it down monthly.
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Stan Rogers



Joined: 20 Aug 2010

PostPosted: Thu Feb 20, 2014 1:21 am    Post subject: Reply with quote

One of my Korean friends joined a golf club/driving range and paid a yearly 5 million won membership. Not 2 weeks later the place went bankrupt.

No refund, not even an apology.

Go to the YMCA. You can't go wrong there.
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