Trying to cancel gym membership due to unfair T&C's

BargainGalore

You haven't got a valid reason, they have provided another instructor/s yet you cant or wont attend, your complaint therefore is weak and if you waste your time and money in pursuing this then you have more money and less sense than we take you for

DVardysShadow

tillergirl wrote: »

how about you went to the gym at 6am before work. Then they decide to change their opening hours and only open at 7am which results in you being unable to go. would you just accept it?

That could be a material change to the contract, which would then be grounds to leave

tillergirl wrote: »

I know the gym have done everything possible to replace the instructor. But there was only 1 weeks notice and the instructor had been there for more than 10 years!!. Surely the gym should have made sure this person had a contract and could not simply leave, instead they just took the situation for granted. That is poor management - whu should I suffer as a consequence?

Your problem is to show that your contract was for the gym to provide sessions with this particular instructor. The gym will argue that they only need to provide sessions. The general view here is that unless the instructor is specified in the contract, then the contract is just to provide sessions with any capable instructor.

27col

tillergirl wrote: »

I know the gym have done everything possible to replace the instructor. But there was only 1 weeks notice and the instructor had been there for more than 10 years!!. Surely the gym should have made sure this person had a contract and could not simply leave, instead they just took the situation for granted. That is poor management - whu should I suffer as a consequence?

You are not seriously suggesting that employers should be able to prevent their staff from leaving, are you? There is a name for that, its called slavery. Move on!

hollydays

Methinks a troll is gambolling about here..yet again..
I want a pony,and I want a pink pony.

tillergirl

It is difficult for people to relate if you don't go to a aerobics and aren't fanatical about exercise.

Imagine this - you go to a pub quiz twice a week and pay £5 each time at some sort of social club / pub as an entrance fee. Then they say join up for £200 a year and you can come to unlimited pub quizes with no entrance fee. You think this is great you and your friends all love the quiz master and go at least once a week if not twice. The quiz is actually on 3 nights a week fri, sat and sun and your quiz master also does another themed night although it is not a quiz but a cards or darts night. You think this sound good - if you went twice a week all year you would be spending £520 even once a week costs you £260 so you are quids in here and join up. After 6 months the quiz master leaves. They put on another quiz night but it just isn't as good, there is no atmosphere and your original quiz master is now operating at another venue and people have followed him there. You have paid the £200 or are at least tied in to pay this and are not happy. Now the quiz master has left you have no incentive to go to this social club.

Try and relate my experience to something you are passionate about. At the end of the day the aerobics instructor did not have a contract and was therefore able to give 1 week's notice. The gym knew how popular the classes were with between 50 - 80 people attending per evening. Why did they not cover themselves? When all these people were attending the instructors classes privately they handed out fliers saying look at what you could save if you join as we will include all the classes in your membership (which historically had never been the case and this particular instructor has been operating aerobics classes at this gym for 10 - 15 years if not more). They used this instructors clients and the fact this instructor had a 'following' to induce people joining at their gym. Then within 9 months the instuctor is no longer there.

ecraig

tillergirl wrote: »

They put on another quiz night but it just isn't as good, there is no atmosphere and your original quiz master is now operating at another venue and people have followed him there.

This would be a valid point but you said the following:

I haven't attended any of the new classes - and the gym manager has pointed this out.

As you can see, you contradict yourself.

As you no longer want to try the new offerings, you will have to buy your way out of the contract. By rights the gym should offer the termination charge on the basis of monthly rate x months left on the contract - VAT.

dmg24

tillergirl, if my lecturer leaves my course, only to be replaced by one who is equally qualified, should I be able to withdraw from my course without financial penalty?

tabskitten

troll troll troll

4743hudsonj

ecraig wrote: »

This would be a valid point but you said the following:



As you can see, you contradict yourself.

As you no longer want to try the new offerings, you will have to buy your way out of the contract. By rights the gym should offer the termination charge on the basis of monthly rate x months left on the contract - VAT.

I agree completely! I was however hoping the Op wasted their time and money on a solicitor who would meet them with a response similar to here!

Op is clutching at straws here and is failing to see how petty and unreasonable they are being. Who knows, the new instructor may be better. lets hope the OP doesnt take this obsession to an illegal level and become a stalker lol

gordikin

The Gym didn't cover themselves because they cannot in reality stop any employee from walking away...you sound weird BTW!