Gym Contracts & Covid
Discussion
My gym has reopened and to be honest it is a bit of a pain. Time slots, limited time access, no showers or changing, limited equipment. As I have no idea when we will go back to normal, I have decided to leave and join Pure Gym which, on the surface, appears to be running more normally.
The gym wants 1 months’ notice payment, therefore I won’t be able to change till July, unless I pay out twice. Am I being unreasonable to ask that this is waived? Clearly the way they have to run the gym due to covid is not their fault but equally why should I pay full price for less of a product than I first signed up for and one that does not fit in with my life.
Thoughts? Is it worth an email or will they tell me to get stuffed with the T&Cs?
The gym wants 1 months’ notice payment, therefore I won’t be able to change till July, unless I pay out twice. Am I being unreasonable to ask that this is waived? Clearly the way they have to run the gym due to covid is not their fault but equally why should I pay full price for less of a product than I first signed up for and one that does not fit in with my life.
Thoughts? Is it worth an email or will they tell me to get stuffed with the T&Cs?
Did you pay whilst they were closed?
I cancelled and moved for a similar reason and they tried getting an extra month out of me.
Pointed out that I had continued to pay during the time it was closed (missed the email say that I could freeze payments) and if they wanted the months pay they could take it out of the few months that they owed me.
They didn’t charge me.
Worth an email to see what they say.
I cancelled and moved for a similar reason and they tried getting an extra month out of me.
Pointed out that I had continued to pay during the time it was closed (missed the email say that I could freeze payments) and if they wanted the months pay they could take it out of the few months that they owed me.
They didn’t charge me.
Worth an email to see what they say.
servantleader said:
No showers or changing!? That's ridiculous - every gym around me is back to normal
Mine was like the OP's when they reopened last month, with a one way system around the machines and free weight areas.I didn't really see the problem, as I could shower when I got home and it was only ever a temporary measure.
What I did miss was being able to complete a routine out the usual order to minimise the one-way system and also not having a sauna. Small issues really and none of the regular faces were complaining, as they were just glad to be back.
Type R Tom said:
My gym has reopened and to be honest it is a bit of a pain. Time slots, limited time access, no showers or changing, limited equipment. As I have no idea when we will go back to normal, I have decided to leave and join Pure Gym which, on the surface, appears to be running more normally.
The gym wants 1 months’ notice payment, therefore I won’t be able to change till July, unless I pay out twice. Am I being unreasonable to ask that this is waived? Clearly the way they have to run the gym due to covid is not their fault but equally why should I pay full price for less of a product than I first signed up for and one that does not fit in with my life.
Thoughts? Is it worth an email or will they tell me to get stuffed with the T&Cs?
Absolutely request they waive it. Failing that cancel the DD. They have unilaterally altered the contract by withdrawing services that you are paying for such as access to the gym X hours a day, using the facilities in full. Very simple question 'are you getting hat you signed up for?' No you are not. Therefore you have the right to cancel penalty free. Their contract is unenforceable The gym wants 1 months’ notice payment, therefore I won’t be able to change till July, unless I pay out twice. Am I being unreasonable to ask that this is waived? Clearly the way they have to run the gym due to covid is not their fault but equally why should I pay full price for less of a product than I first signed up for and one that does not fit in with my life.
Thoughts? Is it worth an email or will they tell me to get stuffed with the T&Cs?
see below- it would appear they do not offer these facilities to you
Edited by Burwood on Wednesday 19th May 16:35
Burwood said:
Absolutely request they waive it. Failing that cancel the DD. They have unilaterally altered the contract by withdrawing services that you are paying for such as access to the gym X hours a day, using the facilities in full. Very simple question 'are you getting hat you signed up for?' No you are not. Therefore you have the right to cancel penalty free. Their contract is unenforceable
Out of all of that, I think probably only five words are accurate (the first five)Edited by tinnitusjosh on Wednesday 19th May 17:26
tinnitusjosh said:
Burwood said:
Absolutely request they waive it. Failing that cancel the DD. They have unilaterally altered the contract by withdrawing services that you are paying for such as access to the gym X hours a day, using the facilities in full. Very simple question 'are you getting hat you signed up for?' No you are not. Therefore you have the right to cancel penalty free. Their contract is unenforceable
Out of all of that, I think probably only five words are accurate (the first five)Edited by tinnitusjosh on Wednesday 19th May 17:26
While the above may not be true, it definitely feels that way. If they can't provide what I wanted do I just have to suck it up? Or are we talking courts etc.
tinnitusjosh said:
Burwood said:
Absolutely request they waive it. Failing that cancel the DD. They have unilaterally altered the contract by withdrawing services that you are paying for such as access to the gym X hours a day, using the facilities in full. Very simple question 'are you getting hat you signed up for?' No you are not. Therefore you have the right to cancel penalty free. Their contract is unenforceable
Out of all of that, I think probably only five words are accurate (the first five)Edited by tinnitusjosh on Wednesday 19th May 17:26
And thanks for trolling the thread with your useless comment.OP. The Consumer Rights Act (assuming you signed up after 1/10/2015) provides that the goods or service must be as described and it is also considered unfair if one party withdraws said services and attempts to hold you to your contract.
Burwood said:
I'm all ears, tinnitus And thanks for trolling the thread with your useless comment.
Sorry if you thought i was trolling - I should have clearer that I was really trying to do was warn OP off anyone that offers categorical legal advice such as "Their contract [which I haven't seen] is unenforceable" and "you have the right to cancel penalty fee" And thanks for trolling the thread with your useless comment.I'm not convinced that the changes they have made are enough for the customers to claim that they are not getting what they signed up for. I guess you would make the same argument if they decided to close half an hour early?
OP, speaking to them as you have done is definitely the best approach, rather than blazing in with some questionable advice that some anonymous randomer gave you over the internet
tinnitusjosh said:
I'm not convinced that the changes they have made are enough for the customers to claim that they are not getting what they signed up for. I guess you would make the same argument if they decided to close half an hour early?
OP has said " Time slots, limited time access, no showers or changing, limited equipment" which is not a minor limitation? If they have time slots, then why limited equipment? Why not have a queue for changing room/showers and clean it in between. Time limited also wasn't what he signed up for. Importantly remember that this is what this particular gym has decided to impose, and other gyms have not.
tinnitusjosh said:
Burwood said:
I'm all ears, tinnitus And thanks for trolling the thread with your useless comment.
Sorry if you thought i was trolling - I should have clearer that I was really trying to do was warn OP off anyone that offers categorical legal advice such as "Their contract [which I haven't seen] is unenforceable" and "you have the right to cancel penalty fee" And thanks for trolling the thread with your useless comment.I'm not convinced that the changes they have made are enough for the customers to claim that they are not getting what they signed up for. I guess you would make the same argument if they decided to close half an hour early?
OP, speaking to them as you have done is definitely the best approach, rather than blazing in with some questionable advice that some anonymous randomer gave you over the internet
Burwood said:
I’ll be sure to get your approval before I ‘blaze in’ with useful information. I get you’re not convinced but, to be fair, you’re ignorant.
OK, well I wasn't talking about you blazing in, I meant the OP's interaction with his gym.I would - genuinely - be really interested to see your working of how you go to deciding that the gym contract was now completely unenforceable. Probably it's just my [i]ignorance[/] but I can only see a statutory right to a price reduction. Absent any other right to terminate, the gym's customers would need to show that the changes either went to the heart of the contract or deprived them of substantially the whole benefit of the contract. My instinct is that temporarily implementing time slots and limiting the available equipment isn't enough for the customers to consider the whole thing void.
If you've seen another angle into how the contract because completely uneforceable, it would great knowledge for the PH hive mind as these sort of questions come up on here all the time
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff