Swimming lessons membership query

kay0601
kay0601 Posts: 76 Forumite
in Consumer rights
Hi my daughter (4) goes to a local gym for swimming lessons. It's just over £20 a month direct debit for them. Today I received an email updating the terms and conditions of her membership and I was hoping one of you super savvy stars could tell me if this particular clause is enforceable immediately or if I'm able to reject it and stop her lessons. We're not impressed by the lack of continuity with staffing nor her lack of progress and have been considering moving her elsewhere. The clause reads:

The cancellation period we now require is 2 calendar months.

Further down it states:

These do take effect immediately and replace any previous versions.

Thank you !!!128522;
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Comments

  • bris
    bris Posts: 10,548 Forumite
    First Post First Anniversary Name Dropper
    You can reject the new terms. A contract can't be altered by one party without the others consent.


    If you don't say anything your silence will be seen as acceptance. You need to tell them you reject the new terms and end the contract now.


    They can however continue with the old terms.
  • Mr_Singleton
    Mr_Singleton Posts: 1,891 Forumite
    bris wrote: »
    A contract can't be altered by one party without the others consent

    But thats the whole problem with 'contracts' these days..... noticed that in the original contract T&C's for BT you 'agree' to allow them to 'vary the terms and conditions and prices' during the term of the contract. It makes a complete mockery of it. My BT prices have gone up nearly 20% since signing up to the 'contract'

    It's worth noting that that the reason you can now cancel is NOT because these companies allowed you to but because the regulator FORCED them to allow cancellation. I suspect the OP might have the right to cancel but is going to have a mighty fight on his/her hands.
  • eddddy
    eddddy Posts: 16,391 Forumite
    First Anniversary First Post Name Dropper
    They cannot force you to accept any new terms.

    But do the old contract terms allow the swimming teacher to terminate the old contract?

    If so, perhaps the outcome will be that the swimming teacher terminates the old contract, and refuses to offer swimming lessons unless you agree to the new contract.

    i.e. Swimming lessons stop, unless you agree to the new terms.
  • Mr_Singleton
    Mr_Singleton Posts: 1,891 Forumite
    eddddy wrote: »
    But do the old contract terms allow the swimming teacher to terminate the old contract?

    If so, perhaps the outcome will be that the swimming teacher terminates the old contract, and refuses to offer swimming lessons unless you agree to the new contract

    Nope, surely that isn't legal?

    But yet again shows how hugely one sided contacts are.
  • custardy
    custardy Posts: 38,365 Forumite
    Name Dropper Photogenic First Post First Anniversary
    Mr_Singleton wrote: »
    Nope, surely that isn't legal?

    But yet again shows how hugely one sided contacts are.

    How? They change the terms and you can elect not to agree.
  • Mr_Singleton
    Mr_Singleton Posts: 1,891 Forumite
    custardy wrote: »
    How? They change the terms and you can elect not to agree.

    Elect away!

    All that will happen is that they will carry on charging you until the end of the contract period and get bailiff to enforce payment.

    Remember that's what the mobile phone companies had wanted to do. It was only because the regulator stepped in and forced them to allow cancellation with out charge that it happened.
  • eddddy
    eddddy Posts: 16,391 Forumite
    First Anniversary First Post Name Dropper
    Hi Kay0601

    Just a word of warning... as you appreciate anybody can post on these forums, even if they have little or no understanding of the topic.

    I don't think Mr_Singleton has a very good understanding of this topic.
  • custardy
    custardy Posts: 38,365 Forumite
    Name Dropper Photogenic First Post First Anniversary
    Mr_Singleton wrote: »
    Elect away!

    All that will happen is that they will carry on charging you until the end of the contract period and get bailiff to enforce payment.

    Remember that's what the mobile phone companies had wanted to do. It was only because the regulator stepped in and forced them to allow cancellation with out charge that it happened.

    Who are you voting for swim teacher?
  • Mr_Singleton
    Mr_Singleton Posts: 1,891 Forumite
    custardy wrote: »
    Who are you voting for swim teacher?

    I'm on the side of reality.

    Numerous times a consumer is in the right but a company will ignore them and say OK take us to court because they know 99.9% of people won't.
  • custardy
    custardy Posts: 38,365 Forumite
    Name Dropper Photogenic First Post First Anniversary
    Mr_Singleton wrote: »
    I'm on the side of reality.

    Numerous times a consumer is in the right but a company will ignore them and say OK take us to court because they know 99.9% of people won't.

    Got any posts on the forum at least?
    Dont recall seeing any following your version.
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