Gym Closed For A Month- Grounds to Cancel Contract
Discussion
Hi,
The gym my wife uses has been closed since the start of the month with water damage. My wife signed up for 12 months in June last year and wants to cancel the membership and go elsewhere. The gyms website says they won't be opening before 1st February. They have frozen direct debits whilst they are waiting to repair their facility. They also say on their website they are changing owners to "Anytime Fitness"
Reading the T&C below can we use "TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL part 1 &2" as grounds to cancel the contract early?
•Minimum period: 12 Months
(Continuing monthly unless 1 calendar month notice of cancellation is received)
•Account number: 10XXXXXX
•Bank Sort Code: 20-XX-XX
•Plan Type: 12 Month Minimum Period Active Inclusive Membership
First Direct Debit on 15/07/2018
•First Full Payment: £19.99
•First Direct Debit Total: £19.99
Subsequent Direct Debits on 15th of each month: •Subsequent instalments: £19.99
Breakdown of Credit/Debit Card Payments
•Joining Fee: £25.00
•Pro Rata Amount: £23.21 (36 days until 1st collection)
•Online Transaction Fee: £0.00
•Authorised: Yes
•Authorisation Code: 043042
•Total By Credit/Debit Card: £48.21
If any of the above details are incorrect please call us as soon as possible on 01908 422 007. However, if your details are correct you do not need to do anything and your Direct Debit will be processed as normal. A copy of the Direct Debit Guarantee is below.
We ask you to notify us immediately of any permanent changes to your contact details. This includes Address, Telephone, Mobile Telephone and Email Address.
For your information, the collections will be made using these reference's.
•Service User Number: 682708
•SOLL LEISURE
•DFC Unique ID Reference: 719812GP1285
Once again thank you for joining Fleet, and we hope that you enjoy your membership!
Yours sincerely
Debit Finance Collections PLC
You can easily make account amendments and payments online 24/7 via our My Payments portal.
Click here for more details.
The Direct Debit Guarantee
•This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
•If there are any changes to the amount, date or frequency of your Direct Debit, SOLL Leisure will notify you 5 working days in advance of your account being debited or as otherwise agreed. If you request SOLL Leisure to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
•If an error is made in the payment of your Direct Debit, by SOLL Leisure or your bank or building society you are entitled to a full and immediate refund of the amount paid from your bank or building society.
- If you receive a refund you are not entitled to, you must pay it back when SOLL Leisure asks you to.
•You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.
Soll Leisure T&C's and Health Commitment are attached to this email
Terms & Conditions
Definitions: Service Provider = "we", "us" or "our"; Customer = "you"; Debit Finance Collections Plc = "DFC"
Terms of your Contract
PERIOD OF COMMITMENT
-You are agreeing to subscribe monthly for the services provided by the Service Provider and contracting to remain a subscriber for the minimum period of the contract ("Minimum Period").
-Once you have completed the minimum number of Direct Debit payments we will automatically continue to collect the agreed Direct Debit payment amount on the frequency chosen at the time of setting up the Direct Debit Instruction. Your contract will continue until terminated in accordance with these provisions.
-You may cancel the automatic renewal of this contract at any time by providing at least 1 Months notice in writing or by e-mail (info@debitfinance.co..uk) to the Service Provider or to DFC.
COOLING OFF PERIOD
-This contract commences once you have indicated your acceptance in the Declaration section of this contract. You have 14 full days after signup to cancel this contract for any reason. To exercise this right, you must inform us of this by post, email or telephone using the details provided. Alternatively, you can notify DFC in writing or by email to info@debitfinance.co.uk.. If you exercise this right to cancel, we will reimburse you all joining and subscription fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel, then we will reduce your subscription fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.
-Your subscription starts immediately.
-You will be entitled to all the rights and privileges extended to you for the type of subscription chosen.
TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL
-During the Minimum Period you may cancel the contract only:
1. If we fail to maintain the standard of service you would reasonably expect.
2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services.
3. If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so. *
4. If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place. *
5. If you lose your employment and are subsequently unable to keep up your repayments under this contract. You must produce documentary evidence and we may, at our discretion, suspend your payments for two months. We will then review your financial situation with you. *
6. If you become pregnant. You must produce documentary evidence and we may, at our discretion, suspend payments for three months. We will then review your situation with you. *
PLEASE NOTE: points 3-6 require documentation, this can only be accepted from the date of receipt.
TERMINATION PAYMENT FOR EARLY CANCELLATION
-If you cancel your subscription during the Minimum Period, other than in the circumstances set out above, we shall be entitled to a termination payment ("Termination Payment").
-The Termination Payment will be the total of:
1. Any arrears;
2. Any accumulated late payment charges that have been or will be incurred; and
3. The monthly subscriptions that would otherwise have fallen due before the end of the Minimum Period.
-You will be given credit for early payment, and this will be in the form of a discount applied against the total that you have to pay. For details of how the discount is calculated, please contact DFC.
MISSING PAYMENTS
-If you miss two payments, you will be deemed to have breached your contract.
GIVING NOTICE TO CANCEL
-DFC will continue to collect your monthly subscription after the Minimum Period. Should you not wish to continue subscribing after the Minimum Period, you must give notice to cancel the contract at least 1 calendar month before the final payment of the minimum period. If you wish to cancel the contract at any time after the Minimum Period, you must give at least 1 calendar months notice. The notice should be in writing or by e-mail (info@debitfinance.co.uk) and sent to the Service Provider or DFC.
COLLECTING YOUR MONTHLY SUBSCRIPTIONS
-DFC is our agent for the collection of your monthly subscriptions. DFC will collect your subscription monthly in advance on our behalf by Direct Debit.
-If you fail to make a payment on time, you will incur the following charges:
1. Fail to pay the subscription on the due date £15.00.
2. Fail to pay the missed subscription within 7 days of the date of a reminder correspondence £30.00.
3. Fail to pay the arrears and accrued charges within 7 days of the date of a Final Notice £45.00.
- Late payment charges become payable immediately when they are incurred.
-Other Charges include:
1. Payment other than by Direct Debit £5.00.
2. Any cheque returned unpaid by your bank £10.00.
-DFC is also our agent for serving notice and collecting any Termination Payment which becomes due. Any notice served on you in accordance with the terms of this contract, will be deemed to have been delivered to you the next day after it is despatched by us, or our agent.
-If you would like to make a complaint with the service you have received from DFC, this should be in writing or by e-mail to (info@debitfinance.co.uk). You may also request a copy of our complaints handling policy.
If you fail to pay any amount due under this agreement for a period of more than 30 days, then we may pass the debt to a third party company for collection. The costs incurred in employing the third party company will be borne by you including the costs in tracing you should you have changed address without telling us.
PRIVACY AND DATA PROTECTION
We take great care to ensure that any information we hold about you is kept safe and secure. This section explains how and why the Service Provider and DFC use your personal information.
The Service Provider and DFC need to collect and process personal information in order to be able to provide you with the services. The personal information required includes:
- your personal details (such as your name, address, date of birth, telephone number and email)
- financial information (such as bank account details)
- medical information (which is provided to the Service Provider)
- ethnicity (which is provided to the Service Provider, but which is completely optional)
Your details and financial information
DFC requires this information in order to collect and process payments. It will also use the information for related purposes, e.g. keeping records of financial transactions for a number of years (as required by law and the Direct Debit Indemnity) or to pursue unpaid debts. DFC may anonymise and aggregate data (so that it no longer identifies you) and then use it for analysis and reporting purposes. Some of the information DFC collects and processes will also be shared with the Service Provider (e.g. details of a missed payment)
Medical information
In order to take out a subscription the Service Provider needs to know a bit about your health and any conditions or injuries you suffer from (this is to make sure that you can make use of the services safely and without risking injury). When subscribing via DFC's online portal you will be asked to provide certain sensitive personal data about your medical history. This information is provided on the basis of your consent, and you do not have to provide it. However, if you choose not to then the Service Provider won't be able to provide you with its services (e.g. gym membership).
If you do decide to provide this information it will be sent to the Service Provider (DFC will not store or have access to it). You can, of course, withdraw your consent to our using this sensitive personal data whenever you wish. However, by withdrawing your consent you will also be cancelling your contract with the Service Provider (as it will no longer be able to provide you with our services). If this cancellation takes place during the Minimum Period, you will be liable to make a Termination Payment (as set out above).
The Service Provider will also be provided with details of your ethnicity (if you choose to provide this information). for its own equality monitoring.. This information is completely optional and there is no need to provide it (and it you can ask for it to be deleted at any time without consequence to you).
For further information on how and why the Service Provider and DFC use your personal information, and details of your legal rights (including the right of access) please visit: https://www.debitfinance.co.uk/.
14 Day Cooling Off Period Cancellation Form
If you are outside the 14 day cooling off period, please contact a member of our Customer Service Team on the telephone number provided below quoting your DFC Reference.
To Debit Finance Collections Plc
16 Davy Avenue
Knowlhill
Milton Keynes
MK5 8PL Tel: 01908 422 007
Email: info@debitfinance.co.uk
Website: www.debitfinance.co.uk
To be completed by the account holder.
I hereby give notice that I _______________________________ cancel my contract.
(Insert Full Name)
My Unique DFC Reference ______________________________(This can be found on your Welcome Email)
(Insert i.e.000101AB1234)
Correspondence Address:___________________________________________________________________________
____________________________________________________ Post Code___________________________________
Reason for Cancellation:____________________________________________________________________________
Signature of Account Holder:________________________________________ Date:____________________________
(If this form is being returned by email we will use your email as confirmation to cancel the contract with DFC and the Service Provider)
The gym my wife uses has been closed since the start of the month with water damage. My wife signed up for 12 months in June last year and wants to cancel the membership and go elsewhere. The gyms website says they won't be opening before 1st February. They have frozen direct debits whilst they are waiting to repair their facility. They also say on their website they are changing owners to "Anytime Fitness"
Reading the T&C below can we use "TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL part 1 &2" as grounds to cancel the contract early?
•Minimum period: 12 Months
(Continuing monthly unless 1 calendar month notice of cancellation is received)
•Account number: 10XXXXXX
•Bank Sort Code: 20-XX-XX
•Plan Type: 12 Month Minimum Period Active Inclusive Membership
First Direct Debit on 15/07/2018
•First Full Payment: £19.99
•First Direct Debit Total: £19.99
Subsequent Direct Debits on 15th of each month: •Subsequent instalments: £19.99
Breakdown of Credit/Debit Card Payments
•Joining Fee: £25.00
•Pro Rata Amount: £23.21 (36 days until 1st collection)
•Online Transaction Fee: £0.00
•Authorised: Yes
•Authorisation Code: 043042
•Total By Credit/Debit Card: £48.21
If any of the above details are incorrect please call us as soon as possible on 01908 422 007. However, if your details are correct you do not need to do anything and your Direct Debit will be processed as normal. A copy of the Direct Debit Guarantee is below.
We ask you to notify us immediately of any permanent changes to your contact details. This includes Address, Telephone, Mobile Telephone and Email Address.
For your information, the collections will be made using these reference's.
•Service User Number: 682708
•SOLL LEISURE
•DFC Unique ID Reference: 719812GP1285
Once again thank you for joining Fleet, and we hope that you enjoy your membership!
Yours sincerely
Debit Finance Collections PLC
You can easily make account amendments and payments online 24/7 via our My Payments portal.
Click here for more details.
The Direct Debit Guarantee
•This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
•If there are any changes to the amount, date or frequency of your Direct Debit, SOLL Leisure will notify you 5 working days in advance of your account being debited or as otherwise agreed. If you request SOLL Leisure to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
•If an error is made in the payment of your Direct Debit, by SOLL Leisure or your bank or building society you are entitled to a full and immediate refund of the amount paid from your bank or building society.
- If you receive a refund you are not entitled to, you must pay it back when SOLL Leisure asks you to.
•You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.
Soll Leisure T&C's and Health Commitment are attached to this email
Terms & Conditions
Definitions: Service Provider = "we", "us" or "our"; Customer = "you"; Debit Finance Collections Plc = "DFC"
Terms of your Contract
PERIOD OF COMMITMENT
-You are agreeing to subscribe monthly for the services provided by the Service Provider and contracting to remain a subscriber for the minimum period of the contract ("Minimum Period").
-Once you have completed the minimum number of Direct Debit payments we will automatically continue to collect the agreed Direct Debit payment amount on the frequency chosen at the time of setting up the Direct Debit Instruction. Your contract will continue until terminated in accordance with these provisions.
-You may cancel the automatic renewal of this contract at any time by providing at least 1 Months notice in writing or by e-mail (info@debitfinance.co..uk) to the Service Provider or to DFC.
COOLING OFF PERIOD
-This contract commences once you have indicated your acceptance in the Declaration section of this contract. You have 14 full days after signup to cancel this contract for any reason. To exercise this right, you must inform us of this by post, email or telephone using the details provided. Alternatively, you can notify DFC in writing or by email to info@debitfinance.co.uk.. If you exercise this right to cancel, we will reimburse you all joining and subscription fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel, then we will reduce your subscription fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.
-Your subscription starts immediately.
-You will be entitled to all the rights and privileges extended to you for the type of subscription chosen.
TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL
-During the Minimum Period you may cancel the contract only:
1. If we fail to maintain the standard of service you would reasonably expect.
2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services.
3. If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so. *
4. If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place. *
5. If you lose your employment and are subsequently unable to keep up your repayments under this contract. You must produce documentary evidence and we may, at our discretion, suspend your payments for two months. We will then review your financial situation with you. *
6. If you become pregnant. You must produce documentary evidence and we may, at our discretion, suspend payments for three months. We will then review your situation with you. *
PLEASE NOTE: points 3-6 require documentation, this can only be accepted from the date of receipt.
TERMINATION PAYMENT FOR EARLY CANCELLATION
-If you cancel your subscription during the Minimum Period, other than in the circumstances set out above, we shall be entitled to a termination payment ("Termination Payment").
-The Termination Payment will be the total of:
1. Any arrears;
2. Any accumulated late payment charges that have been or will be incurred; and
3. The monthly subscriptions that would otherwise have fallen due before the end of the Minimum Period.
-You will be given credit for early payment, and this will be in the form of a discount applied against the total that you have to pay. For details of how the discount is calculated, please contact DFC.
MISSING PAYMENTS
-If you miss two payments, you will be deemed to have breached your contract.
GIVING NOTICE TO CANCEL
-DFC will continue to collect your monthly subscription after the Minimum Period. Should you not wish to continue subscribing after the Minimum Period, you must give notice to cancel the contract at least 1 calendar month before the final payment of the minimum period. If you wish to cancel the contract at any time after the Minimum Period, you must give at least 1 calendar months notice. The notice should be in writing or by e-mail (info@debitfinance.co.uk) and sent to the Service Provider or DFC.
COLLECTING YOUR MONTHLY SUBSCRIPTIONS
-DFC is our agent for the collection of your monthly subscriptions. DFC will collect your subscription monthly in advance on our behalf by Direct Debit.
-If you fail to make a payment on time, you will incur the following charges:
1. Fail to pay the subscription on the due date £15.00.
2. Fail to pay the missed subscription within 7 days of the date of a reminder correspondence £30.00.
3. Fail to pay the arrears and accrued charges within 7 days of the date of a Final Notice £45.00.
- Late payment charges become payable immediately when they are incurred.
-Other Charges include:
1. Payment other than by Direct Debit £5.00.
2. Any cheque returned unpaid by your bank £10.00.
-DFC is also our agent for serving notice and collecting any Termination Payment which becomes due. Any notice served on you in accordance with the terms of this contract, will be deemed to have been delivered to you the next day after it is despatched by us, or our agent.
-If you would like to make a complaint with the service you have received from DFC, this should be in writing or by e-mail to (info@debitfinance.co.uk). You may also request a copy of our complaints handling policy.
If you fail to pay any amount due under this agreement for a period of more than 30 days, then we may pass the debt to a third party company for collection. The costs incurred in employing the third party company will be borne by you including the costs in tracing you should you have changed address without telling us.
PRIVACY AND DATA PROTECTION
We take great care to ensure that any information we hold about you is kept safe and secure. This section explains how and why the Service Provider and DFC use your personal information.
The Service Provider and DFC need to collect and process personal information in order to be able to provide you with the services. The personal information required includes:
- your personal details (such as your name, address, date of birth, telephone number and email)
- financial information (such as bank account details)
- medical information (which is provided to the Service Provider)
- ethnicity (which is provided to the Service Provider, but which is completely optional)
Your details and financial information
DFC requires this information in order to collect and process payments. It will also use the information for related purposes, e.g. keeping records of financial transactions for a number of years (as required by law and the Direct Debit Indemnity) or to pursue unpaid debts. DFC may anonymise and aggregate data (so that it no longer identifies you) and then use it for analysis and reporting purposes. Some of the information DFC collects and processes will also be shared with the Service Provider (e.g. details of a missed payment)
Medical information
In order to take out a subscription the Service Provider needs to know a bit about your health and any conditions or injuries you suffer from (this is to make sure that you can make use of the services safely and without risking injury). When subscribing via DFC's online portal you will be asked to provide certain sensitive personal data about your medical history. This information is provided on the basis of your consent, and you do not have to provide it. However, if you choose not to then the Service Provider won't be able to provide you with its services (e.g. gym membership).
If you do decide to provide this information it will be sent to the Service Provider (DFC will not store or have access to it). You can, of course, withdraw your consent to our using this sensitive personal data whenever you wish. However, by withdrawing your consent you will also be cancelling your contract with the Service Provider (as it will no longer be able to provide you with our services). If this cancellation takes place during the Minimum Period, you will be liable to make a Termination Payment (as set out above).
The Service Provider will also be provided with details of your ethnicity (if you choose to provide this information). for its own equality monitoring.. This information is completely optional and there is no need to provide it (and it you can ask for it to be deleted at any time without consequence to you).
For further information on how and why the Service Provider and DFC use your personal information, and details of your legal rights (including the right of access) please visit: https://www.debitfinance.co.uk/.
14 Day Cooling Off Period Cancellation Form
If you are outside the 14 day cooling off period, please contact a member of our Customer Service Team on the telephone number provided below quoting your DFC Reference.
To Debit Finance Collections Plc
16 Davy Avenue
Knowlhill
Milton Keynes
MK5 8PL Tel: 01908 422 007
Email: info@debitfinance.co.uk
Website: www.debitfinance.co.uk
To be completed by the account holder.
I hereby give notice that I _______________________________ cancel my contract.
(Insert Full Name)
My Unique DFC Reference ______________________________(This can be found on your Welcome Email)
(Insert i.e.000101AB1234)
Correspondence Address:___________________________________________________________________________
____________________________________________________ Post Code___________________________________
Reason for Cancellation:____________________________________________________________________________
Signature of Account Holder:________________________________________ Date:____________________________
(If this form is being returned by email we will use your email as confirmation to cancel the contract with DFC and the Service Provider)
I would be calling them and discussing these parts of the Ts and Cs:
TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL
-During the Minimum Period you may cancel the contract only:
1. If we fail to maintain the standard of service you would reasonably expect.
2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services.
whilst being prepared for an almighty battle as they deny that they are not to blame for a water leak and therefore you can't invoke these absolutely watertight (pun very much intended!) terms, plus they've not taken payment so you aren't technically paying for the no gym....and who defines "reasonable" in this case?!
The very best of luck with this.
Edited to add: I'm not any sort of lawyer so you might want to speak to one of them before breenging in swinging Ts and Cs around.
TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL
-During the Minimum Period you may cancel the contract only:
1. If we fail to maintain the standard of service you would reasonably expect.
2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services.
whilst being prepared for an almighty battle as they deny that they are not to blame for a water leak and therefore you can't invoke these absolutely watertight (pun very much intended!) terms, plus they've not taken payment so you aren't technically paying for the no gym....and who defines "reasonable" in this case?!
The very best of luck with this.
Edited to add: I'm not any sort of lawyer so you might want to speak to one of them before breenging in swinging Ts and Cs around.
Edited by echazfraz on Monday 28th January 14:13
Edited by echazfraz on Monday 28th January 14:14
Would be difficult i suspect. I don't think the 'change to operating hours' route really applies, that's aimed more at the situation where they say they are closing at 4pm every day - temporarily closing the gym because of water damage doesn't mean the 'opening hours' have changed, by any common understanding of that term.
I think you'd have trouble arguing that the closure has fallen below the service you would reasonably expect, particularly because they have suspended the payments for the time being. That's necessarily subjective though, so always worth an argument. But you should be prepared to explain what would have reasonable for them to do in the circumstances and how they have failed to do it.
Sounds like your wife really wants to cancel because she wants to go to a different gym, which isn't catered for in the T&Cs.
I think you'd have trouble arguing that the closure has fallen below the service you would reasonably expect, particularly because they have suspended the payments for the time being. That's necessarily subjective though, so always worth an argument. But you should be prepared to explain what would have reasonable for them to do in the circumstances and how they have failed to do it.
Sounds like your wife really wants to cancel because she wants to go to a different gym, which isn't catered for in the T&Cs.
Does she really want to go elsewhere or does she want to go to a gym whilst this one is closed? Could she use a Pay as you Gym type establishment until such time as they have resolved their issues?
In not taking payment they've been reasonably fair; if she's otherwise happy aside from them being shut at the moment perhaps see if they'd chuck an extra month's membership in for free to "compensate" for the additional costs of a no-contract type Gym.
In not taking payment they've been reasonably fair; if she's otherwise happy aside from them being shut at the moment perhaps see if they'd chuck an extra month's membership in for free to "compensate" for the additional costs of a no-contract type Gym.
Good luck.
My experience with a certain major gym chain is dreadful.
ALWAYS some piece of equipment not working.
Can't get the details right as went for 2 months without any scales in the men's changing room.
Rip-off membership rates.
Yummy Mummies with their 4x4's who can't park & then treat the place as a blasted crèche, allowing their brats to run around out of control & out of sight in the lounge area. Luckily the 'adult's lounge has a sound-proofed door.
My experience with a certain major gym chain is dreadful.
ALWAYS some piece of equipment not working.
Can't get the details right as went for 2 months without any scales in the men's changing room.
Rip-off membership rates.
Yummy Mummies with their 4x4's who can't park & then treat the place as a blasted crèche, allowing their brats to run around out of control & out of sight in the lounge area. Luckily the 'adult's lounge has a sound-proofed door.
I would have thought that by the gym being closed for a prolonged period they are already failing to fulfill their side of the contract, unless the contract specifically states that they can force continuation in those circumstances. They aren't providing the service you contracted for, regardless of whether they took payment or not.
Arguably, you could also argue this falls within their 1. reason for cancellation. Being completely closed for a month means they have failed to provide the contracted service at all, which is the about the lowest standard possible short of opening and causing transmission of infectious diseases.
Arguably, you could also argue this falls within their 1. reason for cancellation. Being completely closed for a month means they have failed to provide the contracted service at all, which is the about the lowest standard possible short of opening and causing transmission of infectious diseases.
If the contract period is 12 months and they've 'suspended' it by 1 month and not taken payment, have they said if they will be adding an extra month of subscription to the original contract? Perhaps if they do then that's changing the contract terms meaning you can get out?
Edited by ashleyman on Monday 28th January 16:41
Thanks for all the replies, to answer some questions
"Does she really want to go elsewhere or does she want to go to a gym whilst this one is closed? Could she use a Pay as you Gym type establishment until such time as they have resolved their issues?
In not taking payment they've been reasonably fair; if she's otherwise happy aside from them being shut at the moment perhaps see if they'd chuck an extra month's membership in for free to "compensate" for the additional costs of a no-contract type Gym."
There are a couple of other gyms in our town but one months payg would be around £50 plus they aren't as easy to access. She just wants to cancel and go elsewhere long term.
I will send them a letter with citing item 1 "If we fail to maintain the standard of service you would reasonably expect." as reason for cancelling.
Also there is no assurance from them that Anytime Fitness will open on 1st Feb (I've heard this from members of my gym in same town)
Does anyone know anything about the rights to assign the membership? Can the Gym do this without the gym users consent? There is nothing in the contract about assignment rights. In contracts I work with we always use specific assignment and novation clauses and amend them from time to time where needed.
"If the contract period is 12 months and they've 'suspended' it by 1 month and not taken payment, have they said if they will be adding an extra month of subscription to the original contract? Perhaps if they do then that's changing the contract terms meaning you can get out"
Not sure about this, it may in this example run for 13 months but they would only have taken 12 payments so its an extension of time but not money.
"Does she really want to go elsewhere or does she want to go to a gym whilst this one is closed? Could she use a Pay as you Gym type establishment until such time as they have resolved their issues?
In not taking payment they've been reasonably fair; if she's otherwise happy aside from them being shut at the moment perhaps see if they'd chuck an extra month's membership in for free to "compensate" for the additional costs of a no-contract type Gym."
There are a couple of other gyms in our town but one months payg would be around £50 plus they aren't as easy to access. She just wants to cancel and go elsewhere long term.
I will send them a letter with citing item 1 "If we fail to maintain the standard of service you would reasonably expect." as reason for cancelling.
Also there is no assurance from them that Anytime Fitness will open on 1st Feb (I've heard this from members of my gym in same town)
Does anyone know anything about the rights to assign the membership? Can the Gym do this without the gym users consent? There is nothing in the contract about assignment rights. In contracts I work with we always use specific assignment and novation clauses and amend them from time to time where needed.
"If the contract period is 12 months and they've 'suspended' it by 1 month and not taken payment, have they said if they will be adding an extra month of subscription to the original contract? Perhaps if they do then that's changing the contract terms meaning you can get out"
Not sure about this, it may in this example run for 13 months but they would only have taken 12 payments so its an extension of time but not money.
WJNB said:
Good luck.
My experience with a certain major gym chain is dreadful.
ALWAYS some piece of equipment not working.
Can't get the details right as went for 2 months without any scales in the men's changing room.
Rip-off membership rates.
Yummy Mummies with their 4x4's who can't park & then treat the place as a blasted crèche, allowing their brats to run around out of control & out of sight in the lounge area. Luckily the 'adult's lounge has a sound-proofed door.
Sounds familiar. If it is named after a former English tennis player I wonder why I still pay £250 a month for my wife and I to be members when the coaches take all the indoor courts Mon-Thursday evenings (all about making money). The bar frequently runs out of drinks and if you have the cheek to order a coffee 30 mins before last orders it is too late as they are already cleaning the machines. Oh yes, and after 9 pm the cleaners will be hoovering around you if you want to sit in the bar and chat. And if you want to leave you have to give 3 months notice.My experience with a certain major gym chain is dreadful.
ALWAYS some piece of equipment not working.
Can't get the details right as went for 2 months without any scales in the men's changing room.
Rip-off membership rates.
Yummy Mummies with their 4x4's who can't park & then treat the place as a blasted crèche, allowing their brats to run around out of control & out of sight in the lounge area. Luckily the 'adult's lounge has a sound-proofed door.
sooty61 said:
Sounds familiar. If it is named after a former English tennis player I wonder why I still pay £250 a month for my wife and I to be members when the coaches take all the indoor courts Mon-Thursday evenings (all about making money). The bar frequently runs out of drinks and if you have the cheek to order a coffee 30 mins before last orders it is too late as they are already cleaning the machines. Oh yes, and after 9 pm the cleaners will be hoovering around you if you want to sit in the bar and chat. And if you want to leave you have to give 3 months notice.
You a member at David Lloyd York as well?OP, your strongest suit may be a legal doctrine called frustration. When performance of a contract becomes impossible without fault by the parties it may be frustrated. The contract is for a continuous period of twelve months gym access. The unavailability of the gym for a twelfth of the contract period may be sufficient to frustrate the contract.
Tim330 said:
Hi,
The gym my wife uses has been closed since the start of the month with water damage. My wife signed up for 12 months in June last year and wants to cancel the membership and go elsewhere. The gyms website says they won't be opening before 1st February. They have frozen direct debits whilst they are waiting to repair their facility. They also say on their website they are changing owners to "Anytime Fitness"
If they are not providing the service contracted for you can argue they are in breach of contract. The gym my wife uses has been closed since the start of the month with water damage. My wife signed up for 12 months in June last year and wants to cancel the membership and go elsewhere. The gyms website says they won't be opening before 1st February. They have frozen direct debits whilst they are waiting to repair their facility. They also say on their website they are changing owners to "Anytime Fitness"
Their contract does not, I presume, have a term that says they may close whenever they wish and for whatever duration they wish and freeze payments whilst they do so.......
I’d say you’re cancelling and quote clause 2 from their terms of business:-
TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL
-During the Minimum Period you may cancel the contract only:
1. If we fail to maintain the standard of service you would reasonably expect.
2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services.
TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL
-During the Minimum Period you may cancel the contract only:
1. If we fail to maintain the standard of service you would reasonably expect.
2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services.
CP12 said:
sooty61 said:
I wonder why I still pay £250 a month for my wife and I to be members
Sorry, nothing too add to help the OP but christ that gym membership is expensive...Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff