Snap Fitness Cannington "STOLE" My Deposit

Lhypie on 20/10/2015 - 19:00
Last edited 20/10/2015 - 19:00

I will try to keep this short, but I'm pretty annoyed and wondering the best steps for me to take?

I purchased two of the $9, 1 month scoopon passes from Snap Fitness. The scoopon is advertised as a trial, however the scoopon itself advertised that a 24/hour card could be obtained depending on the terms of the gym.

To sign up, I was required to meet the gym manager at the time and fill out some forms. The gym manager was not only absent, but uncontactable when I arrived at the gym (on time for the meeting). I waited for 1 hour at nearby shops in the hope he would return my calls. He finally did (45 minutes after the agreed upon time).

Myself and my partner filled out the paperwork and asked about the 24 hour card, which was advertised on the scoopon as a possibility. The manager agreed to allow me to deposit $29 to get 1 card which we could share between both of us. He promised that I would get this money refunded and even noted this on the contract which he filed. At this point, I will mention that we never used the card and only used the gym twice over the month.

I returned to the gym to return the card and was denied my money, the regional manager says that he never refunds the deposits on the 24/hour cards. They have completely ignored my emails previously and are now telling me that If someone wants to join the gym, they can use the card. I won't be joining Snap Fitness anytime soon. Trust me.

I want my money back, and I believe I have legal grounds to expect this money. I made a verbal agreement with the manager, which was recorded on their security camera. They have told me the gym manager does not work for Snap anymore.

Ozbargain… What do I do?

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Comments

  • ilikeradiohead on 20/10/2015 - 19:04
    +1

    Try this.
    Essentially it says if they're being jerks and don't resolve your complaint within a week contact the Department of Consumer Protection.

    • hypie on 20/10/2015 - 19:07

      Was just filling out this form against this ABN: http://abncheck.com.au/abn/34140747575

      https://www.accc.gov.au/contact-us/contact-the-accc/consumer…

      I feel like this has gone past the point of just a refund. They should be held accountable for such practices.

      Response:
      "Hey …
      I am very sorry but after speaking with our regional manager he confirmed we do not give out refunds on our snap access cards.
      The cards can be reused if you or someone else wants to join up at a Snap fitness branch, worth $49 during a new membership sign up.
      Sorry for the inconivence caused
      Kind Regards"

  • spackbace on 20/10/2015 - 19:15
    +1

    It's annoying, yes. These guys are salespeople and unfortunately as such will bend/twist the truth however they want, especially if the guy wasn't accountable (ie had already handed in his notice).

    But I gotta say, what stress/loss of sleep/aggravation is $29 worth?

    • hypie on 20/10/2015 - 19:18

      Do you think they deserve the money? If the answer is no. Then it is worth a whole lot more than just $29. Big businesses have enough power already.

      I will try to contact him directly I guess and get a witness statement.

      • spackbace on 20/10/2015 - 19:28
        +2

        Myself and my partner filled out the paperwork and asked about the 24 hour card, which was advertised on the scoopon as a possibility. The manager agreed to allow me to deposit $29 to get 1 card which we could share between both of us. He promised that I would get this money refunded and even noted this on the contract which he filed.

        As it's a contract, you would've been provided with a copy of it. Any changes should've been noted on both copies.

        I made a verbal agreement with the manager, which was recorded on their security camera.

        You really think an internal camera grabs audio? Or that the data has been stored for the period of time?

        get a witness statement.

        Who, your girlfriend? You realise that won't stand up as she's not a third party witness.

        You made a verbal contract despite having a written contract right there on the table in front of you?! And the person you made a verbal contract with, no longer works for the company so can't even be asked about it?

        • hypie on 20/10/2015 - 19:39

          I meant the manager at the time. Not my girlfriend.

          The contract has no mention of a 24/hour card. It was basically a form for health and safety reasons mainly. But he did leave a note that I had paid $29 on it.

          Mate I think you are expecting a lot from a $9 trial scoopon contract. I didn't expect to encounter this bs. The guy made a note of it and told me that I wouldn't have any problems getting a refund. It's not like I signed up for a membership and then requested the 24/hour card refunded (Jetts never returned my entry card money when I signed up with them, but that was never the agreement).

          I have no doubt the cameras can record audio, whether they would pick up the conversation… you will have to ask them. The $49 d-link wifi camera I bought has pretty damn clear audio.

        • spackbace on 20/10/2015 - 19:44
          +2

          @hypie:

          I meant the manager at the time. Not my girlfriend.

          How will you find him, and what would be his reason for wanting to sign a stat-dec or similar?

          But he did leave a note that I had paid $29 on it.

          Ok but not on your copy, nor written anywhere official?

          I have no doubt the cameras can record audio, whether they would pick up the conversation… you will have to ask them.

          No, no I don't, you do if you want to take this further.

          Mate I think you are expecting a lot from a $9 trial scoopon contract.

          'Mate' you have about half a leg to stand on in defense of what happened. There is a distinct lack of proof on your side here. I think you know that but you're trying to push it.

          Maybe if you just argued its the vibe of the contract?

        • hypie on 20/10/2015 - 19:50

          @Spackbace:

          I paid by card. The amount of $29 is shown on my account.

          Assuming they fired him, why wouldn't he want to sign a Stat-dec? I recall having his number. I will do some investigation (should be easy, as it outlines me waiting outside Snap Fitness).

          Tell me what you would have done differently? As far as I am aware, consumer law is designed to protect consumers based on reasonable expectations.

          Did you expect me to write my own contract and get him to sign it, saying he would refund my money? He made a promise, I accepted it, I paid and I left.

        • spackbace on 20/10/2015 - 19:57

          @hypie:

          Tell me what you would have done differently?

          Not put any weight on a verbal contract?! I work in an industry where the i's must be dotted and the t's crossed. If it's not in writing, tough you-know whats

        • hypie on 20/10/2015 - 20:08

          @Spackbace:

          The fact it; I wouldn't have paid for the $29 card, if I wasn't promised a refund. I realise I don't have FIRM evidence or this would be a open/shut case. I guess I accept, if you think I don't have a standing and they are allowed to practice in this manner.

          p.s. I don't think I was given a copy of whatever paperwork I signed that day. But I guess they can prove that using their cameras. I also asked them if the cameras recorded video (response was a shrug/no). They clearly are very expensive cameras (as most people who have been to a gym would understand).

          Oh well…

        • PVA on 20/10/2015 - 20:16
          +2

          @hypie:
          They wont have video of more than a month ago, (and they wont go through it looking to see if you had a copy of paperwork etc.

          I know its crooked but save yourself stressing/girlfriend stressing over it and just forget it. Relax and be happy , its worth more than $29.

        • hypie on 20/10/2015 - 20:25

          @PVA:

          I'm not stressing over $29 (and I am aware, they won't help me incriminate themselves). But I do want retribution.

          I guess that is too much to expect these days. Everyone always plays the "it's not worth it" card. Which is disappointing, such is life.

          I did manage to find the guy on their facebook.

        • PVA on 20/10/2015 - 20:35

          @hypie:
          I understand, I buy from aliexpress and cheesed off that some cheapie items are nothing like the photos, I hate to see that they get away with it but the effort… I guess thats what they aim for.
          Facebook/Twitter post on their sites. I have done it a few times when I am not happy with a company (eg Racq contacted me and dropped the price of the quote after getting nowhere on the phone and in store)

        • hypie on 20/10/2015 - 20:40

          @PVA:

          Will post on their facebook page soon. I guess that is a last resort and at the very least a warning to future customers. From my perspective you are comparing apples and oranges.

          Yes, the products you received and terrible and are nothing like the photos or description, but if you requested a refund and returned the product to them. I would be very surprised if they didn't give you a store credit at least.

          In my situation: It is as if you bought these crappy items under the proviso that the seller would allow you to return them if necessary, then when you decide to, they won't return them because it isn't their policy anymore.

        • PVA on 20/10/2015 - 20:45

          @hypie:
          the most you get fro aliexpress is you return the item for full refund ( I wont be posting back to china) or they will offer some discount - say 10% as a discount on buying from the store again - you will never get your money back easily.

          post on their twitter as well, I found twitter posts are listened too more than facebook and tag it with say Choice and /or The Checkout (cos they do reply which then sends the message out further.

        • aussieprepper on 27/04/2016 - 15:29

          @PVA: are you serious aliexpress customer service is great open up a case they will give you a refund! its not even a hassle…they do every thing for you….
          don't even bother with the store you bought it go straight to aliexpress they fix it up always

  • Ughhh on 20/10/2015 - 19:23
    +3

    I made a verbal agreement with the manager

    This means nothing these days. I could say you and I had a verbal agreement in which you would give me $1000 cash.

    which was recorded on their security camera

    Do the cameras even record sound, at talking voice level?

    • altomic on 20/10/2015 - 19:57
      +2

      I could say you and I had a verbal agreement in which you would give me $1000 cash.

      and he did. I was there, remember Ughhhh? (We'll split the cash 50:50)

      • hypie on 20/10/2015 - 19:59

        Oh because verbal contracts don't exist?

    • [Deactivated] on 21/10/2015 - 08:46

      A verbal agreement made at the time and integral to a written agreement is binding.

      • Ughhh on 21/10/2015 - 10:25

        I'm not saying verbal agreements aren't binding, I don't think anyone here had said that. The problem is the lack of proof of such agreement took place. Like I said before, I can say that you and I had an agreement in which your wash my car for a year for free. But do I have proof? It's all he says she says.

        Hope that clears things up

        • [Deactivated] on 22/10/2015 - 10:17

          "This means nothing these days". Your words.
          Clearly that is not correct.
          Hope that clears things up

        • Ughhh on 22/10/2015 - 10:33

          @Ninjastud:

          You still owe me $5k remember. We had a verbal agreement.

        • [Deactivated] on 25/10/2015 - 08:47

          @Ughhh: Show me the written agreement to go with it.
          I think you are still missing the point.

  • BigTed on 20/10/2015 - 23:24
    +4

    Hypie
    Most of the comments you have received are not helpful.
    Let me try.
    They are absolutely in the wrong. You are absolutely in the right.
    But they have your money. In order for you to get it back we are talking about WAY more time, cost and aggravation than $29 is worth.
    If you want to spend thousands of dollars on chasing your $29, send me a message - otherwise not much more you can do than complain to Consumer Protection or vent to your friends/neighbours/internet etc.

  • hypie on 21/10/2015 - 06:55

    Accepted, thanks for the advice. We shall see what consumer protection says, the ACCC representative guy talks a big game on 882 6PR whenever I catch the show. But I guess there is only so much you can do without concrete evidence. Bring back google glasses with the built in camera recording :p.

    • hypie on 08/04/2016 - 00:41

      To conclude this story for anyone who reads it. Snap did nothing and did not reply to an email I sent them. However scoopon did and refunded both of my vouchers ($20). I'm still down $9, but I will take it. I then signed up with Anytime fitness who are fantastic.

  • Olokun on 27/04/2016 - 15:41
    +1

    http://snapfitness.com.au/online-sign-up-terms-and-condition…

    Looks 2nd rate. You have to agree to the T&C to sign up online which state you must go to a club to request a copy of the T&C.

    1. All club membership Terms and Conditions apply. A copy can be requested from your home club
    2. Cooling off period – The cooling off period ends 7 days after the cooling off period startsIf you change your mind shortly after applying for membership, you may have an opportunity to cancel. You will need to let us know in writing within the time specified in the details for it to be effective. WE will charge an administration fee of $50 or 10% (whichever is the lesser) of fee paid and fair amounts for fitness services we have already provided if you exercised your right o[sic] cancel within 7 days.

    Scratch that. Make that 3rd rate.

    • hypie on 27/04/2016 - 19:59

      Would never recommend SNAP FITNESS to anyone, ever.

      Signed up to Anytime Fitness recently and have had the best experience I could have asked for. Friendly staff, great equipment and nearby locations.

      I just signed up my partner to the same gym and received a fixed discount off every month as well.

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