Complaints

• Initial Complaint

  11/04/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  In August 2023, I signed up for a 1 year exercise program with 30 minutes HIT Langley. I paid for half of the program upon signing up ($519,23) and the other half I paid in February 2024 ($519.23).On March 28, 2024, I received an email saying that the Langley location would be closed as of March 30, 2024, and that we would need to attend the Walnut Grove location. The reason I decided to sign up with 30 minutes HIT was the distance from home (only 5 minutes each way) and a short but intense exercise program. I did not sign up for the Walnut Grove location or any other location as they are far from me, therefore, I am not interest in other locations. Walnut Grove is 20 minutes away from me, each way.I work Monday to Friday (business hours) and **** ** **** *** ** ******** ** ******* ** *** **** **** *** ** ****** ***, so the distance is a big problem. Since I paid for the entire year and my subscription is until August 2024, I would like to have a refund from April to August, 2024 as I dont have a way of making it work with my busy schedule.This program is expensive if you compare it to a gym subscription. I am sure we deserve a little more respect and consideration as opposed to a two days notice email. Sincerely, ***********************************

  Business response

  12/04/2024

  I am the owner of the Walnut Grove 30 Minute Hit located at 9292 200 Street, Langley BC.  As of April 1, 2024, the members of the Langley 30 Minute Hit located at 20445 62 Avenue, Langley BC had their membership transferred to the Walnut Grove location due to the Langley location closing down.  The Langley location was owned by 30MHL Fitness Limited, with the owner's name being Yossi *********.  The monies paid by ******* ********** in August 2023 and in February 2024 were paid to 30MHL Fitness Limited, and not to me.  None of these monies were paid to me or my business, or transferred to me at the time that the Langley location closed and the memberships were transferred.  The Walnut Grove location is here to continue to provide Ms. ********** with the best short and intense exercise program that she signed up for.  If Ms. ********** is unable to attend at this time due to her schedule, we can offer a credit to her for the 5 months (April to August) to be used at a later date.  Kind regards, Katherine R*******, Owner
  
  

  Customer response

  15/04/2024

  
  Complaint: ********
  
  I am rejecting this response because:
  

  - The ******'s agreement is for the location at #201 - 20445 62 Ave Langley, British Columbia V3A 5E6, as per Agreement papers signed by both parties and there is no mention about other locations. Therefore, the agreement was made under the specific location in the contract, which no longer exists. (Agreement attached)

  - The Agreement mentioned that "During the Term, the Student

  may cancel this Agreement if there is a material change to the Students circumstances or a material change to the ******s

  circumstances." The new location is 4 times farther from my home (***************************************), so this falls in a material change.

  - The Agreement, even though paid for a full term upfront, is treated like a Monthly Basis agreement and has no mention about no refunds for months paid in the future in case of an early cancellation. The terms and conditions don't explicitly address a no-refund policy, especially if paid the monthly fees as a one-time payment annual fee.

  - Again, the location I was enrolled 2 days after communicating by email regarding the location closure and the new location address. Didn't even give enough notice about the closure.

  - I have nothing to do with the transfer of the Business location and money transfers from a location to another. For me, it is the same Business that I am dealing with and of the location I was enrolled moved to the Walnut Grove location, so all the the responsibilities, including financial, should also be under the new location. Then it would be up to the Walnut Grove location owner to deal with the owner of the now closed location (*****************************) and figure this problem between yourselves since you are all under the umbrella of 30MHL. I made a one-time payment for the whole term, so if these amounts were not transferred to you, unfortunately this not my problem.

  I have no interest in receiving a "store" credit as a refund since I am specifically claiming that I am cancelling my enrollment because I have no interest in going to the new location due to the distance. All I want is the refund of the payments that I did in advance for the months in the future that I will not be attending since I am cancelling my enrollment due to the closure of the location I was enrolled to. If I was paying it in a Monthly Basis, I would not be required to pay for the months after the date I cancelled it, so I should be eligible to receive the refund of the pro-rated amount for the months that I will no longer be attending.

  Sincerely,
  
  ***********************************

  Business response

  21/04/2024

  Ms. ********** has an agreement with the 30 Minute Hit location located at #201-20445 62 Avenue, Langley, with a legal business name of 30MHL Fitness Limited (the "Langley location").  All monies paid by Ms. ********** were given to 30MHL Fitness Limited, the owner of #201-20445 62 Avenue and none of those monies were given to me.  All 30 Minute Hit locations are independently owned and operated. I am not the owner of 30MHL Fitness Limited.  All locations do not fall under the umbrella of 30MHL Fitness Limited.  30MHL Fitness Limited is the legal business name of the location located at #201-20445 62 Avenue, Langley and that location only.  30MHL Fitness Limited is completely separate from my business.  Not me, or anyone at my business, signed her paperwork.
  
  The sudden closure of the Langley location does not constitute a material change.  The Business Practices and Consumer Protection Act, SBC 2004, c 2, section 25 (4)(c) reads "...A material change in the services provided by the supplier occurs...when the supplier relocates the supplier's facility so that the distance between the supplier and the consumer is more than 30 km greater than when the supplier and the consumer entered into the contract, and the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's location".   Ms. **********'s residence is 10 km away from the facility in Walnut Grove and is 2 km away from the Langley location.  The Walnut Grove facility is providing reasonably comparable alternative facilities for the use of Ms. **********.
  
  Ms. ********** signed a 12-month Term Agreement with 30MHL Fitness Limited on August 13, 2023 and paid the Initial Fee of $519.23 on August 13, 2023.  Ms. ********** attended the Langley location 26 times between August 13, 2023 and January 24, 2024.  Ms. ********** paid the Mid-Term fee of $519.23 on February 1, 2024.   Ms. ********** did not return to use the services available to her at the Langley location after January 24, 2024.  The Langley location closed at the end of March 2024.  The Walnut Grove location remains open and continues to offer the services for which Ms. ********** signed up for on August 13, 2023.
  
  I understand that this situation is frustrating for Ms. **********, however the situation does not involve me or my business other than by me continuing to offer the members of the Langley location a welcoming space for the workouts that they signed up for.  This complaint should be filed against Yossi S******** and 30MHL Fitness Limited, the owner of the Langley location (and the ******), where Ms. ********** originally signed up, and not against me.
  
  Yours truly,
  Katherine R******* - Owner

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