Legal assistance with contract issues
Questioner
Good day, I have a problem. In July I signed for a personal training for 6 months, where I train 3 hours per month for €297 per month. But because I work in the oil and gas industry international offshore. I would not reach the goal anymore because I am simply away from home too often. After three weeks I informed the company that I would not be able to be present often enough to carry out the planned training sessions and I then indicated that I wanted to terminate the contract. By email and telephone the company has rudely indicated that they do not agree with this and see the only option to freeze it for two months, I immediately responded that this is not a good proposal and that I do not agree with it. Then they told me by telephone again in a blunt tone that I should pay for those six months in one go and I also said that I do not agree with that. They say that I was a week late in submitting the form and that I am obliged to pay for the entire six-month training in one go. When I said that I still did not agree with this, she then threatened to send a bailiff to me and that they might take me to court. I then indicated that I wanted to pay for the months that I had the six hours of training, but not for the other four months. They still wouldn't agree to that. So my question is what can I do? Because in addition to the €594 that I paid, I still have to pay four times €297 (a total of €1188) plus administration costs and VAT, which is quite a considerable amount of money for training that I did not follow.Lawyer
You have entered into an agreement to which parties are bound. This means that if you decide to stop within the contract period, this is at your own risk and that you owe the monthly subscription fees. It is sometimes possible to arrange a replacement so that the costs are transferred to the new person. It is also important whether the company can quickly arrange a replacement, because you can no longer meet the contract. In short, in principle you are bound to the contract. I advise you to send a letter to the company and ask whether a replacement is possible or to continue at another time after your return, otherwise I fear that you are bound to the contract.Lawyer
Yes, then comes the question of the actual damage of that company: if one is full and there is replacement, then the damage is limited. If one misses income for 100% then you really have to compensate this. Perhaps buying out a possible dispute is possible, after all it always costs something to obtain or protect your rights!Take the next step
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