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Advice re fighting Silhouette's obnoxious autorenewal practice
Silhouette gyms just sent me a letter saying they were refusing my request to cancel my contract, because they received it less than 30 days before the renewal date.

The (obnoxious) way their contracts are structured is that unless you advise them by certified mail more than 30 days before, the contract renews automatically. They do send you a letter telling you your contract is about to be renewed, but (1) though this letter is dated at more than 30 days before your renewal date, you only (suprise, suprise!) happen to get it less than 30 days before, at which stage it is too late, and (2) the letter does not anyway say anything about your ability to cancel and how to proceed if you wish to do so; you have to call to get that info...

I did send a certified mail cancellation request, but not 30 days before, so they are now denying my request to cancel.

I have to say I find this business practice utterly despicable and borderline unethical (not to mention short-sighted) . What kind of business thinks it wise to force people to remain customers when they do not wish to? Do they really think that is going to encourage people to think and say good things about Silhouette and refer their friends?

I am exploring my options at this point. Their refusal-to-cancel letter says to call them to schedule a meeting. They will try to convince me to remain a member or tell me I can try to sell the membership to someone else.

I would like to avoid even getting the invoice (which I haven't yet). Any suggestions on how to proceed? Is there a small claims court here I can refer to if I need to? Info on this (name, how it works...) would be appreciated.

Thanks in advance!!

The text you are quoting:
Silhouette gyms just sent me a letter saying they were refusing my request to cancel my contract, because they received it less than 30 days before the renewal date.

The (obnoxious) way their contracts are structured is that unless you advise them by certified mail more than 30 days before, the contract renews automatically. They do send you a letter telling you your contract is about to be renewed, but (1) though this letter is dated at more than 30 days before your renewal date, you only (suprise, suprise!) happen to get it less than 30 days before, at which stage it is too late, and (2) the letter does not anyway say anything about your ability to cancel and how to proceed if you wish to do so; you have to call to get that info...

I did send a certified mail cancellation request, but not 30 days before, so they are now denying my request to cancel.

I have to say I find this business practice utterly despicable and borderline unethical (not to mention short-sighted) . What kind of business thinks it wise to force people to remain customers when they do not wish to? Do they really think that is going to encourage people to think and say good things about Silhouette and refer their friends?

I am exploring my options at this point. Their refusal-to-cancel letter says to call them to schedule a meeting. They will try to convince me to remain a member or tell me I can try to sell the membership to someone else.

I would like to avoid even getting the invoice (which I haven't yet). Any suggestions on how to proceed? Is there a small claims court here I can refer to if I need to? Info on this (name, how it works...) would be appreciated.

Thanks in advance!!
pseudoOct 12, 2008 @ 17:44

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Re: Advice re fighting Silhouette's obnoxious autorenewal practice
Post 1
Actually, I now realize the invoice was attached to the initial letter saying my contract would be renewed... But I am not keen to pay it. What can I do??
The text you are quoting:
Actually, I now realize the invoice was attached to the initial letter saying my contract would be renewed... But I am not keen to pay it. What can I do??
pseudo, Oct 12, 2008 @ 18:01
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Re: Advice re fighting Silhouette's obnoxious autorenewal practice
Post 2
Sometimes, the contracts contain a clause that allows you to cancel once you move out of town. The months not used up would get refunded.

At least, the studio I went to did this (but it was in eastern Switzerland).

If you do not move out of town, then it's bad luck.



Other than that: better pay and shut-up (if you can't convince them otherwise in the meeting), because they'll most likely win the claim in court. At least, I wouldn't be surprised if that was the outcome in the end.

Switzerland is a nice country but my understanding is that you should at all cost try to settle things out of court ;-)


The text you are quoting:
Sometimes, the contracts contain a clause that allows you to cancel once you move out of town. The months not used up would get refunded.

At least, the studio I went to did this (but it was in eastern Switzerland).

If you do not move out of town, then it's bad luck.



Other than that: better pay and shut-up (if you can't convince them otherwise in the meeting), because they'll most likely win the claim in court. At least, I wouldn't be surprised if that was the outcome in the end.

Switzerland is a nice country but my understanding is that you should at all cost try to settle things out of court ;-)



rainer_d, Oct 12, 2008 @ 21:57
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Re: Advice re fighting Silhouette's obnoxious autorenewal practice
Post 3

Another alternative that worked for me (with another gym, since my Shilouette contract was yearly and non renewable), was to get a doc certificate saying I couldn't excercise any longer. That way they HAVE to not renew your contract. OR propose them to find someone else to take over your contract and put a post here looking for someone.

Sorry if I cannot help more then this.

Vale

The text you are quoting:

Another alternative that worked for me (with another gym, since my Shilouette contract was yearly and non renewable), was to get a doc certificate saying I couldn't excercise any longer. That way they HAVE to not renew your contract. OR propose them to find someone else to take over your contract and put a post here looking for someone.

Sorry if I cannot help more then this.

Vale
Hoiling, Oct 14, 2008 @ 11:45

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Re: Advice re fighting Silhouette's obnoxious autorenewal practice
Post 4
Silhouette's policy (just as that of other similar clubs, by the way) stinks...

1) The price structure: 6 month is almost as expansive as one year and they play on the fact that customers will pay for a full subscription and go two or three times and then give up. There's no cheap way to try for 3 month.

2) the renewal policy: Of course they will not tell you that you may opt out. They will wait till it's too late and then just inform you that your subscription will be renewed.



It's not ethical, but it's perfectly legal: You signed for it and thereby gave them your agreement.



You could try to get in touch with

the Federation Romande des Consommateurs

the Permanence juridique Genève

La Permanence de l'Ordre des Avocats de Genève



Last resort: follow Hoiling's advice and get yourself a medical certificate stipulating that you cannot exercise anymore.


The text you are quoting:
Silhouette's policy (just as that of other similar clubs, by the way) stinks...

1) The price structure: 6 month is almost as expansive as one year and they play on the fact that customers will pay for a full subscription and go two or three times and then give up. There's no cheap way to try for 3 month.

2) the renewal policy: Of course they will not tell you that you may opt out. They will wait till it's too late and then just inform you that your subscription will be renewed.



It's not ethical, but it's perfectly legal: You signed for it and thereby gave them your agreement.



You could try to get in touch with

the Federation Romande des Consommateurs

the Permanence juridique Genève

La Permanence de l'Ordre des Avocats de Genève



Last resort: follow Hoiling's advice and get yourself a medical certificate stipulating that you cannot exercise anymore.



Free, Oct 14, 2008 @ 12:44
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Re: Advice re fighting Silhouette's obnoxious autorenewal practice
Post 5
Sorry but I disagree with Free. I'm not trying to defend Silhouette, but I have a subscription there and when I signed the contract they explained the cancellation policy in detail and even repeated several times that I could cancel any time EXCEPT for the last 30 days. I believe they do that with everyone. I'm not sure if there are variation in the other locations. I go to the one in the Movenpick hotel.The reminder letter that the contract would expire was handed to me personally at the reception with enough time in advance. Silhouette is one of the cheapest gyms for what they offer and they do what they need to do to survive. You entered a legal contract, now you need to respect it.
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Sorry but I disagree with Free. I'm not trying to defend Silhouette, but I have a subscription there and when I signed the contract they explained the cancellation policy in detail and even repeated several times that I could cancel any time EXCEPT for the last 30 days. I believe they do that with everyone. I'm not sure if there are variation in the other locations. I go to the one in the Movenpick hotel.The reminder letter that the contract would expire was handed to me personally at the reception with enough time in advance. Silhouette is one of the cheapest gyms for what they offer and they do what they need to do to survive. You entered a legal contract, now you need to respect it.
catalin, Oct 14, 2008 @ 15:29
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Re: Advice re fighting Silhouette's obnoxious autorenewal practice
Post 6
Catalin, you're basically right, but, as I said, the fact that it's perfectly legal does not mean it's good practice. Silhouette (as well as many other clubs that’s true) leave very little choice to their customers by having discouraging prices on short term contract and by waiting till it's too late before sending a reminder about the renewal, which I find detestable. I can understand that they expect their customers to stay a full year to cover their initial costs, but after that they ought to be free to leave whenever they want.



This being said, they are not the only ones: insurances, mobile phone operators, cable TV, etc. all have similar questionable practices. Some even do not collect mail at the end of the year to make sure that cancellations arrive too late! That's why it’s got to be sent a good ten days before the deadline, by registered mail.



Don't forget that the fact it is so difficult to terminate a contract is a barrier to competition and ultimately plays against us, the consumers. Why indeed compete in a captive market?


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Catalin, you're basically right, but, as I said, the fact that it's perfectly legal does not mean it's good practice. Silhouette (as well as many other clubs that’s true) leave very little choice to their customers by having discouraging prices on short term contract and by waiting till it's too late before sending a reminder about the renewal, which I find detestable. I can understand that they expect their customers to stay a full year to cover their initial costs, but after that they ought to be free to leave whenever they want.



This being said, they are not the only ones: insurances, mobile phone operators, cable TV, etc. all have similar questionable practices. Some even do not collect mail at the end of the year to make sure that cancellations arrive too late! That's why it’s got to be sent a good ten days before the deadline, by registered mail.



Don't forget that the fact it is so difficult to terminate a contract is a barrier to competition and ultimately plays against us, the consumers. Why indeed compete in a captive market?



Free, Oct 14, 2008 @ 16:23
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Re: Advice re fighting Silhouette's obnoxious autorenewal practice
Post 7

Free, their answer is predictible: "We can show more flexibility but then we would need to increase prices to cover additional administration due to contracts not renewing automatically and the memberships we lose.". Would you agree to pay that price? I wouldn't.

Besides the fact that the membership cost/month is more expensive for 3 months than for 12 months is a common practice in this field and for any other product or service I can think of - the price per unit is always smaller when you buy the big box.

catalin  

The text you are quoting:

Free, their answer is predictible: "We can show more flexibility but then we would need to increase prices to cover additional administration due to contracts not renewing automatically and the memberships we lose.". Would you agree to pay that price? I wouldn't.

Besides the fact that the membership cost/month is more expensive for 3 months than for 12 months is a common practice in this field and for any other product or service I can think of - the price per unit is always smaller when you buy the big box.

catalin  
catalin, Oct 14, 2008 @ 17:01

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Re: Advice re fighting Silhouette's obnoxious autorenewal practice
Post 8
One suggestion is contact your credit card company and tell them the charge was debited without your authorisation....







[quote]Silhouette gyms just sent me a letter saying they were refusing my request to cancel my contract, because they received it less than 30 days before the renewal date.



The (obnoxious) way their contracts are structured is that unless you advise them by certified mail more than 30 days before, the contract renews automatically. They do send you a letter telling you your contract is about to be renewed, but (1) though this letter is dated at more than 30 days before your renewal date, you only (suprise, suprise!) happen to get it less than 30 days before, at which stage it is too late, and (2) the letter does not anyway say anything about your ability to cancel and how to proceed if you wish to do so; you have to call to get that info...



I did send a certified mail cancellation request, but not 30 days before, so they are now denying my request to cancel.



I have to say I find this business practice utterly despicable and borderline unethical (not to mention short-sighted) . What kind of business thinks it wise to force people to remain customers when they do not wish to? Do they really think that is going to encourage people to think and say good things about Silhouette and refer their friends?



I am exploring my options at this point. Their refusal-to-cancel letter says to call them to schedule a meeting. They will try to convince me to remain a member or tell me I can try to sell the membership to someone else.



I would like to avoid even getting the invoice (which I haven't yet). Any suggestions on how to proceed? Is there a small claims court here I can refer to if I need to? Info on this (name, how it works...) would be appreciated.



Thanks in advance!![/quote]
The text you are quoting:
One suggestion is contact your credit card company and tell them the charge was debited without your authorisation....







[quote]Silhouette gyms just sent me a letter saying they were refusing my request to cancel my contract, because they received it less than 30 days before the renewal date.



The (obnoxious) way their contracts are structured is that unless you advise them by certified mail more than 30 days before, the contract renews automatically. They do send you a letter telling you your contract is about to be renewed, but (1) though this letter is dated at more than 30 days before your renewal date, you only (suprise, suprise!) happen to get it less than 30 days before, at which stage it is too late, and (2) the letter does not anyway say anything about your ability to cancel and how to proceed if you wish to do so; you have to call to get that info...



I did send a certified mail cancellation request, but not 30 days before, so they are now denying my request to cancel.



I have to say I find this business practice utterly despicable and borderline unethical (not to mention short-sighted) . What kind of business thinks it wise to force people to remain customers when they do not wish to? Do they really think that is going to encourage people to think and say good things about Silhouette and refer their friends?



I am exploring my options at this point. Their refusal-to-cancel letter says to call them to schedule a meeting. They will try to convince me to remain a member or tell me I can try to sell the membership to someone else.



I would like to avoid even getting the invoice (which I haven't yet). Any suggestions on how to proceed? Is there a small claims court here I can refer to if I need to? Info on this (name, how it works...) would be appreciated.



Thanks in advance!![/quote]
kanga2roo, Nov 7, 2008 @ 02:43
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Re: Advice re fighting Silhouette's obnoxious autorenewal practice
Post 9
Hello

http://www.monblog.ch/acerberos/?p=200704072147591

That's an interesting french forum which talks about getting nailed by Silhouettes and what you can do about it. If you can prove that you've moved 60+km from the nearest Silhouette, or indeed, get a doctor's certificate indicating that you are unable to use their facilities, you can get reimbursed.

I'm disappointed by the level of cleanliness at my Silhouette, and despite my asking several times, several of the machines don't work properly. The opening hours coincide exactly with my working hours, which is unfortunate, and it gets so busy that people have to wait for a machine. It might be fair to argue that the amount of people granted access to the facilities simultaneously impairs Silhouettes ability to provide you an adequate service, which is what you paid for.

Good luck in any case. I've put the expiry of my Silhouette contract on the birthday calendar, so I know when to send that letter and get fat.

The text you are quoting:
Hello

http://www.monblog.ch/acerberos/?p=200704072147591

That's an interesting french forum which talks about getting nailed by Silhouettes and what you can do about it. If you can prove that you've moved 60+km from the nearest Silhouette, or indeed, get a doctor's certificate indicating that you are unable to use their facilities, you can get reimbursed.

I'm disappointed by the level of cleanliness at my Silhouette, and despite my asking several times, several of the machines don't work properly. The opening hours coincide exactly with my working hours, which is unfortunate, and it gets so busy that people have to wait for a machine. It might be fair to argue that the amount of people granted access to the facilities simultaneously impairs Silhouettes ability to provide you an adequate service, which is what you paid for.

Good luck in any case. I've put the expiry of my Silhouette contract on the birthday calendar, so I know when to send that letter and get fat.
Cpt_Numpty, Nov 7, 2008 @ 15:28

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Re: Advice re fighting Silhouette's obnoxious autorenewal practice
Post 10
[quote]
When some of these stupide Swiss companies (Swisscom is one of them) tries to nail me, I usually write them very unpleasant letters and I mention my personal attorney and the media.



Just insist that you won't pay and send back the ORIGINAL invoice.



Legally, you must pay, but if you start fighting, they might give in. Good luck !
[/quote]



If you have a friend who is lawyer, you can have him write the letter on company-paper...

But only do this, if you are really prepared to take this to court - because the other company might do just that and if they do, you can't just go to them and claim you didn't really want to go to court...



I have not had any of these problems before (incidentally, Swisscom was very quick and helpful when they found I had somehow mis-wired them the usual telephone bill with a factor of 100....talk about comma and dot...)
The text you are quoting:
[quote]
When some of these stupide Swiss companies (Swisscom is one of them) tries to nail me, I usually write them very unpleasant letters and I mention my personal attorney and the media.



Just insist that you won't pay and send back the ORIGINAL invoice.



Legally, you must pay, but if you start fighting, they might give in. Good luck !
[/quote]



If you have a friend who is lawyer, you can have him write the letter on company-paper...

But only do this, if you are really prepared to take this to court - because the other company might do just that and if they do, you can't just go to them and claim you didn't really want to go to court...



I have not had any of these problems before (incidentally, Swisscom was very quick and helpful when they found I had somehow mis-wired them the usual telephone bill with a factor of 100....talk about comma and dot...)

rainer_d, Nov 7, 2008 @ 16:32
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Re: Advice re fighting Silhouette's obnoxious autorenewal practice
Post 11
I'd not recommend just telling your credit card company to not allow the transfer. While it works for small amounts of money, for bigger ones, like the Shilouette contract, they will start an act de porsuite. Again, try and ask them if you can pass your contract to someone casue you'll be leaving working whatever ... it worked for me.

@ whoever is interested in trying, Sihlouette has a really cheap yearly contract offer from now till 8th of December, and also various try 1 month fôr free offers going on. I singed my contract with them again yesterday (an extension of the contract my corporate one) and they were very acoomdating, plus pointed out the renewal policy and made me sign 3 times the back of the contract where the renewal policy was written.

Vale

The text you are quoting:
I'd not recommend just telling your credit card company to not allow the transfer. While it works for small amounts of money, for bigger ones, like the Shilouette contract, they will start an act de porsuite. Again, try and ask them if you can pass your contract to someone casue you'll be leaving working whatever ... it worked for me.

@ whoever is interested in trying, Sihlouette has a really cheap yearly contract offer from now till 8th of December, and also various try 1 month fôr free offers going on. I singed my contract with them again yesterday (an extension of the contract my corporate one) and they were very acoomdating, plus pointed out the renewal policy and made me sign 3 times the back of the contract where the renewal policy was written.

Vale
Hoiling, Nov 13, 2008 @ 12:20

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