Overview
This complaint concerns The Gym Company’s failure to process a valid cancellation request, their attempt to impose incorrect and unreasonable cancellation requirements, and the unauthorised sharing of personal information between branches.
Key Issues
1. Valid Cancellation Submitted and Ignored
A written cancellation request was submitted on 7 April 2026 to the official support email provided by the gym.
This constitutes valid notice in terms of the Consumer Protection Act (CPA), which requires only written notice.
Despite this, the gym:
Failed to acknowledge the cancellation
Took no action for an extended period
The delay is entirely on the supplier and does not invalidate or delay the cancellation
2. Attempt to Reset Cancellation Process
The gym is now insisting that:
The account must first be settled
A cancellation form must be completed
A new 3-month notice period will then apply
This is disputed because:
A valid cancellation had already been submitted
Administrative processes (forms) cannot override statutory rights
The supplier cannot restart or delay cancellation due to internal processes
3. Unreasonable Enforcement of “3-Month Cancellation”
The gym refers to a 3-month cancellation requirement/fee
However:
Such clauses must be reasonable and proportionate
They cannot override the CPA
The gym is attempting to apply this as an automatic extension, which is disputed
4. Continued Billing Beyond Lawful Notice Period
Based on the 7 April 2026 cancellation:
The notice period should have run during April–May 2026
Any billing beyond this period is disputed as:
Unlawful
Unreasonable
A result of the gym’s failure to process the cancellation
5. Outstanding Amount Used to Delay Cancellation
The gym alleges arrears of R199
While any legitimate charges up to the notice period may be acknowledged:
This does not invalidate the cancellation
It cannot be used to delay or restart the cancellation process
6. Unauthorised Transfer to Another Branch
The gym initiated or attempted a transfer to Musgrave
No consent or request for this transfer was given
This represents:
A unilateral action
A change to the agreement without authorisation
7. Unauthorised Sharing of Personal Information (POPIA Concern)
The Musgrave branch contacted the complainant despite:
No direct engagement
No consent to share personal details
Internal emails show that information was forwarded between branches
The gym has not explained:
The source of this data sharing
The lawful basis for processing
This raises serious concerns under POPIA regarding:
Unauthorised data sharing
Excessive internal distribution of personal information
Summary of Conduct
The Gym Company has:
Ignored a valid cancellation request
Attempted to impose an incorrect and delayed cancellation process
Sought to enforce potentially unreasonable contract terms
Continued billing beyond the lawful notice period
Shared personal information internally without consent
Taken unauthorised action to transfer the account
Desired outcome: Request recognition of cancellation from 7 April 2026, end of notice by May, reversal of all charges thereafter, cancellation of any unauthorised transfer, lawful final account, and explanation of personal data sharing between branches.
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