Gym contract cancellation

Dear Zone Fitness Management

I am issuing this formal complaint regarding your ongoing and ******** refusal to cancel my membership, despite my relocation to an area where Zone fitness does not operate any facilities.

My membership (Account Number: ***, with Card no ***6 is tied to a 36-month contract. I have relocated to 33 Venus Street Sharonlea Randburg, and there are no accessible Zone Fitness branches within a reasonable distance. As a result, you are no longer able to provide the service for which I am being billed, making continued enforcement of the contract unreasonable, unfair, and ********.

Your refusal to cancel my membership is in direct conflict with the South African Consumer Protection Act (CPA), particularly:

Section 14(2)(b)(i), which provides the consumer with the right to cancel a fixed-term agreement with appropriate notice, and Section 48, which prohibits suppliers from imposing unfair, unreasonable, or unjust contract terms or trading conditions.

Requiring a consumer to continue paying for a service that the supplier cannot provide under the changed circumstances constitutes an unfair and oppressive term, which is explicitly prohibited under the CPA. The Act is clear: a supplier may not hold a consumer to a contract when the service has become inaccessible or unusable through no fault of the consumer.

I have already submitted valid proof of my relocation. Despite this, my request has been repeatedly dismissed without lawful justification. Instead your agent Michelle just sent me a copy of my contract of which I had all along.

Accordingly, I am making the following formal demands:

Immediate cancellation of my membership contract without penalties, notice fees, or any further charges, on the grounds that you cannot provide access to your facilities in my new location.

Written confirmation of the cancellation within 7 (seven) calendar days from the date of this letter.

Immediate cessation of all billing, including debit order attempts, as further charges would constitute unauthorised and ******** debits.

Failure to resolve this matter within the required timeframe will result in immediate escalation to:

The National Consumer Commission (NCC)

The Consumer Goods & Services Ombud (CGSO)

And, if necessary, additional legal remedies available under the CPA and common law.

I am fully prepared to pursue all available avenues should this ******** conduct continue. I expect prompt compliance and written confirmation within the stipulated 7 days.

Sincerely,