A man who bought kickboxing classes for a family member brought his own fight to the Vancouver studio for overcharging him.
In a BC Civil Resolution Tribunal hearing, Shujun Bai accused K Fitness of overcharging him.
After the contract ended, Bai said K Fitness charged him for 10 months of lessons. He claimed a refund of $1,613.10.
K Fitness, in response, says that after the fixed-term contract ended, the agreement continued on a month-to-month basis.
Who scored the knockout blue in this tribunal hearing?
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According to the tribunal decision, K Fitness says it “temporarily closed its facility and suspended payments due to the COVID-19 pandemic, then appropriately began charging Mr. Bai again after reopening.”
It also said that Bai should have given cancellation notice earlier, but he isn’t entitled to a refund since he didn’t.
The tribunal decided that Bai proved “some of his claim.”
In evidence, the documentation suggests that Bai entered into a contract with K Fitness in January 2018.
Looking at the contract terms, Bai signed up for the two-year kickstart program. Bai promised to pay $3,757.16, which included a $525 down payment and a monthly fee of $140.53.
Once the contract ended, the parties disagreed on what happened next.
Verifying the contract terms, the tribunal decided that K Fitness was not entitled to charge Bai for anything after January 23, 2020. However, Bai only had a certain period to discover he was being charged erroneously.
Email communications continued to provide updates to Bai following the ending of the contract, but no details of the agreement were mentioned.
According to the tribunal decision, K Fitness continued to charge Bai from February to September.
None of the emails between the two parties during that period made mention of the extra charges.
Despite not renewing the contract, the tribunal only approved a refund of certain charges because of the timing of when Bai discovered he was continuing to be charged.
Refunds for four months of charges were the best Bai would get.
Even though Bai’s final unapproved payment was in October 2020, Bai was offered a refund of $670.49 for July, two charges for August, and one for September.
After both sides had their say, Bai walked away with $670.49, including his refund money and tribunal fees.
K Fitness sued Bai for $2,000 in response due to the time his staff spent on Bai’s claim, but the case was dismissed.
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