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

13

Comments

  • Amistoso_2
    Amistoso_2 Posts: 1,216 Forumite
    I can't beleive the OP seriously thinks she is in the right here, what if the instuctor was female and left to go on maternity leave or heaven forbid had an accident and couldn't teach any more? they are still supplying you with the classes you signed up for, so what if it's someone different, you havn't even attended a single class, they might be fantastic for all you know!! I think there may be an unhealthy obsession with the previous instructor?!? all very strange...
  • KimYeovil
    KimYeovil Posts: 6,156 Forumite
    1,000 Posts Combo Breaker
    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?

    Yeah, your rights deserve to be protected. If it takes bonded labour then who cares? Slaves have no rights. You are the customer, you are always correct.

    Some people are unbelievable.
  • KimYeovil
    KimYeovil Posts: 6,156 Forumite
    1,000 Posts Combo Breaker
    (By the way, Tillergirl, to whom do I send the dry cleaning bill for removing the coffee-stains spluttered through my nose down my top that reading your thread provoked? Do my consumer rights say it is you or Martin who is liable?)
  • 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?

    Whether the notice period was 1 hour, 1 week, 1 month or 6 bananas doesn't make any difference. S/he still would have left at some point before your membership was up for renewal.

    In your analogy you say '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' but yet you're not willing to even try another instructor?
  • I advise you all to read the Office of Fair Trading's publication ref 373 published in 2002 regarding Unfair Terms and Conditions in Health & Fitness Contracts. Which is available to view via their website. This document clear details what is regarded as unfair in contracts, I suggest you take the opporunity to educate yourselves!!! Why is all the emphasis put on me as the consumer. Why hasn't the gym stated in the contract that they have the option of changing the instructor - in which case I wouldn't have a leg to stand on. Because the T&C's are ambiguos and unfair and therefore not binding.
  • barvid
    barvid Posts: 405 Forumite
    > Because the T&C's are ambiguos and unfair and therefore not binding.

    And now you sound like the layman you are.
  • tillergirl wrote: »
    I advise you all to read the Office of Fair Trading's publication ref 373 published in 2002 regarding Unfair Terms and Conditions in Health & Fitness Contracts. Which is available to view via their website. This document clear details what is regarded as unfair in contracts, I suggest you take the opporunity to educate yourselves!!! Why is all the emphasis put on me as the consumer. Why hasn't the gym stated in the contract that they have the option of changing the instructor - in which case I wouldn't have a leg to stand on. Because the T&C's are ambiguos and unfair and therefore not binding.


    Which bit of the OFT publication (which is advisory only) do you think gives you the right to get out of the contract?
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    tillergirl wrote: »
    I advise you all to read the Office of Fair Trading's publication ref 373 published in 2002 regarding Unfair Terms and Conditions in Health & Fitness Contracts. Which is available to view via their website. This document clear details what is regarded as unfair in contracts, I suggest you take the opporunity to educate yourselves!!! Why is all the emphasis put on me as the consumer. Why hasn't the gym stated in the contract that they have the option of changing the instructor - in which case I wouldn't have a leg to stand on. Because the T&C's are ambiguos and unfair and therefore not binding.

    I can't think of anything more to say to you, other than ...
    :rotfl::rotfl::rotfl:
    Gone ... or have I?
  • savemoney
    savemoney Posts: 18,125 Forumite
    Part of the Furniture 10,000 Posts
    tillergirl by all means take this further all you will do is make you look ridiculous :) at least you given all of us a laugh if nothing else
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    OK, in order to be fair to (and humour) the OP, I have browsed the OFT guidance. I cannot find anything that would imply that the contract in question is unfair.

    OP, care to point out the relevant sections?
    Gone ... or have I?
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