Hi guys, My partner has just been direct debited £160 for a second year of membership at Helio Fitness - http://www.heliofitness.co.uk Initially she only signed up for 12 months. However, because the direct debit was in place, they're refusing to reimburse her claiming that she 'should have cancelled the direct debit'. In the terms, we can't find anything relating to annual charges not being refunded. Can anybody help? Terms and conditions from Helio Fitness' website - > PRINCIPLE TERMS > 1. This agreement commences either: If you are on the club’s premises, once you have indicated your acceptance in the Declaration section of this web sign up process. > OR > If you are not on the club’s premises, once you have indicated your acceptance in the Declaration section of this web sign up process and then either entered the clubs premises or after a period of 7 days has elapsed, whichever is earlier. > 2. Your membership starts immediately. > 3. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen. > 4. You cannot transfer this agreement to anyone else. > > FEES AND CHARGES > 5. The Total first payment amount is due from you to us, is due immediately and is payable on the 1st Direct Debit Payment Date. This amount is not refundable in any circumstances. > 6. The Direct Debit Payment Amount is due from you to us. You are obligated to make the Minimum Number of Direct Debit Payments stated with the first one being paid on the 1st Direct Debit Payment Date, the second on the Second DD payment date and then every month thereafter. For the avoidance of doubt, you are obligated to make every Direct Debit Payment regardless of non attendance, whatever the reason for non attendance may be. > 7. If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £25. > 8. You agree to advise us immediately of any change to the Members Details provided. > 9. If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third party company for collection. The reasonable costs incurred in employing the third party company will be borne by you including costs in tracing you should you have changed your address without telling us. > > RENEWAL > 10. In order to extend your membership after completing the minimum number of Direct Debit payments, we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be cancelled immediately you cancel your Direct Debit. Each payment made is not refundable under any circumstances. This Renewal Direct Debit Payment Amount may only be amended if we advise you in writing giving 30 days notice. Please note – If your membership included the benefit of a Free Period then we will stop making collections during that Free Period and recommence making collections when this free period has finished. > 11. During this Renewal Period the only way to cancel your membership is by cancelling your Direct Debit Mandate directly with your Bank. > > GENERAL TERMS > 12. You agree to comply with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided we give you advance notice of the change. > 13. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date. > 14. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced. > 15. This agreement is governed by English Law. > 16. We may terminate this agreement with immediate effect on notice to you if you are in breach of the Clubs Rules. In this event you will not be liable to pay any further Direct Debit Payments, provided such breach is not deemed by us to have occurred primarily in order to qualify you for a refund. > > Yours sincerely > Harlands Many thanks for your help, Jim