E & E of Hudson

Review: I sent my request (in writing) to cancel my membership on April 18th. Per the contract, I am only obligated to pay montly dues "until 30 days after the club has received the written notice of termination". Under this agreement, Snap was only allowed to bill me for 30 days after my written notice. My notice was given on April 18th; thus my 30 days ran through May 18th. Snap, however, billed me for the entire month of May. This was incorrect under our contract. Given the timing of my notice, I was only obligated to pay thorugh May 18th. The owner reads the language of the contract differently -- alleging that I am obligated to pay the full monthly amount. This makes the contract ambiguous. Under the law, any ambiguities are construed against the drafter.Desired Settlement: Refund the pro rated amount for the month of May from May 19th to the 31st, or $14.69.

Business

Response:

Member is requesting a pro-rated dues refund on the cancellation of their membership. Cancellation Policy is attached to response and states "Unless the member terminates his/her membership as set forth in the preceding paragraph, the member will be automatically renewed on a month to month basis. At the expiration of the form set forth above, the member will be obligated to pay monthly dues regardless of whether he/she uses the club until 30 days after the club has received written notice of termination."

Member is claiming ambiguity on the language, however it clearly states "member will be obligated to pay monthly dues", the monthly dues are $35, therefore the monthly dues the member is obligated to pay is $35. It does not state that the member will pay a pro rated amount for 30 days after the membership is canceled, which is what the member is claiming. It states "member will be obligated to pay monthly dues regardless of whether he/she uses the club until 30 days after the club has received written notice of termination."

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

There was no offer of compromise made by the business. The response simply states what we both already know: we disagree about the interpretation of the contract. The business has offered nothing to resolve the matter.

Regards,