Buyer beware: Ozone Gym is owned and operated by extortionists. On February 1, 2020, I signed up for a 3-month gym membership with an activation period covering May 1, 2020 and end on July 31, 2020 at the cost of $520 USD. At the time of the signing, I was neither informed verbally or in writing that there was no refunds. Regardless, when the Covid-19 pandemic hit, Ozone Gym closed its doors as the country went into lockdown and I cut short my extended stay in Delhi and evacuated India and returned in early March to the US, where I live permanently. In early March I made numerous phone calls and emailed Ozone on March 31, 2020, April 28, 2020, and June 4, 2020 requesting cancellation of my membership along with a full refund back. Once Ozone’s doors opened in October, I finally was able to communicate with their staff and they informed me that they would not issue me a refund. However, at the time of signing the contract, I was neither informed verbally or in writing about their no refund policy and consider their tactics corrupt, immoral, reprehensible, slimy, and unethical. If I was aware about their no refund policy, I absolutely would not have entered a shady agreement with them. This is besides the fact. My request for a refund is not a not asking for a normal refund after services have started. I paid for gym membership for a specified date that I expected to be in Delhi, India while on a book tour but since Ozone closed its doors due to the Covid-19 pandemic and I was unable to use their facilities, they owe me a reimbursement for not providing what I paid for. For them to hold on to my money at this point is not only a breach of contract but it is a form of theft. The excuse Ozone Gym gave is that they suffered from the pandemic. That’s irrelevant in the world of business. It’s laws that reign. The Delhi High Court has made it very clear in a recent case verdict: “The outbreak of a pandemic cannot be used as an excuse for non-performance of a contract for which the deadlines were much before the outbreak itself.” In this case the matter is very clear to me and my attorney and should we have to go before a court, the justice system would side in my favor. Here is an article for a recent ruling that says that the pandemic cannot be used as a shield to breach contracts: https://www.mondaq.com/india/litigation-contracts-and-force-majeure/951384/can-every-breach-or-non-performance-be-justified-or-excused-on-invocation-of-covid-19-as-a-force-majeure-delhi-high-court-verdict The way Ozone Gym operates is not how a legitimate business operates. Please keep your business away from them and let them suffer until they go out of business or they learn to treat every patron with dignity. Why would anyone want to be affiliated with Ozone Gym, a business that doesn't put a premium on guest service and will act with impunity and extort your money?
3 years ago