A member asked over 8 years ago

How can I cancel a Holiday Concepts Membership

Hi

I would like to cancel my Holiday Concepts Membership. They say that I can't cancel it. I have to either sell it or give it away.

Is there any advise that you could offer on how to get rid of this membership please??

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. If you have a membership with this company it probably means you have signed a contract when you became a member. Contractual terms are binding once you have agreed to them. This means that you are legally obligated to fulfil them. Because of this, you will have to look to the terms of the contract you signed with the company to decide whether you can cancel your membership. Usually with memberships which require you to pay ongoing fees there are penalties involved in cancellation. These penalties might be significant. The circumstances in which you can cancel will be set out in the terms of your contract so it is worth having a close look.


Even though your contract is binding and could involve a penalty for cancellation, there may be circumstances in which you can be released from it without paying onerous fees. In Australia consumers are protected from unfair practices by companies. The law that protects consumers is known as the Australian Consumer Law (ACL). The ACL protects consumers in certain circumstances, including:

  • when the contract was entered into as a result of some misrepresentation or unfair pressure on you by the company; or
  • If the terms of the contract were hidden, unfair or onerous.



Suggested way forward

If you believe that the contract is unfair or has hidden terms you didn't understand it is worth considering whether you have a claim under the ACL to be released from the contract. You can learn more about this by visiting the website of the Australian Competition and Consumer Commission, or NSW Fair Trading. If you do not think there is anything unfair about the contract however, and you simply want an early release from the contract, look closely at the terms to decide what the consequences (if any) will be. If you are unsure, or if the penalties are onerous you should contact a lawyer who is an expert in consumer contracts for more guidance. By pressing the "Take Action" button through LawAdvisor we can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

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