Paid upfront for membership, 6 mths on goal posts moved

topcatk_2

Hi,

Grateful for some advice. I have been member of a spa and gym for a couple of years, paying monthly. As part of that membership I received a 60 min treatment per month. Earlier in the year I was offered Platinum membership which if I paid two years in advance, they would give me the third year free....the letter stated this was an upgrade to my existing membership and had additional benefits e.g 20% off meals. I took them up on the offer in April and have continued having my monthly treatment without problem. However when I came to book my september's treatment, I was suddenly informed that Platinum membership didn't include any treatments and I shouldn't have been having them since April.

Grateful if you could tell me where I stand? I have no explicit paperwork clearing stating the terms of my platinum membership....apart from that it is an upgrade to my original membership (and that paperwork clearly states treatments). Can I 'force' them to honour what I thought I was signing up for esp since they have been allowing me to have a treatments without challenge (and not paying additional money for) since April. Any advice would be really, really apprecaited. Thanks in advance.

wealdroam

Which Gym?

Have you looked for any T&Cs on their website?

As you probably realise, it will be difficult to 'force' anyone to do anything if you have absolutely no proof what you are paying for.

bod1467

Flip side (subject to checking online T&Cs) ... the only paperwork the OP has does NOT say treatments are excluded; in fact it indicates the opposite.

OP, check the Platinum terms. Also check the paperwork (carefully) that was presented when you upgraded.

arcon5

Paperword doesn't need to list things excluded for it to not form part of the deal. All they need to do is list what's included.

Since the paperword op has states treatments are included, unless they can produce documentation that he has agreed to that states otherwise they should provide it. If I was op I would write them a letter telling them to either honour the contract or refund an additional funds paid to them since the membership was upgraded.

Or if they continued to deny treatment op could exhaust all avenues/complaint procedures which would give them opportunity to put things right before terminating the agreement which they are in breach of.

topcatk_2

Thanks all to the replies. The thing is I have no t&cs associated with the platinum membership and they have nothing on line. All I have is a letter saying I have upgraded my membership and I have additional benefits of.... .....and of course I have t& cs associated with my previous membership that says treatments included. So looks like I can have my money back but I can't force them to honour 'my' contract (I.e treatments included)?

bod1467

Looks like it. All you can do is present the info to the company and ask what they would prefer to do - refund the platinum membership fee or include the spa treatments. Bearing in mind this seems to be a breach of contract, thus they must put you back in the position you were in before the change (i.e. treatments included) so they may opt to include them as a special option. Or they may refund your money and cancel your membership.

DVardysShadow

topcatk wrote: »

Thanks all to the replies. The thing is I have no t&cs associated with the platinum membership and they have nothing on line. All I have is a letter saying I have upgraded my membership and I have additional benefits of.... .....and of course I have t& cs associated with my previous membership that says treatments included. So looks like I can have my money back but I can't force them to honour 'my' contract (I.e treatments included)?

That is an important letter. It gives you grounds to argue that your platinum membership is a variation to your previous membership contract. As it lists all the extras and lists no downside, you can fairly argue that the treatments are included for you - even if they can fairly argue that the treatments are not included in platinum membership.

Be careful in correspondence never to concede that it is a totally new membership.

topcatk_2

Hi all,

Just to update you.

The manager has written to us and stated we have two options:

continue with the membership for the next 2.5 years with no treatments or he would be willing to refund part of the membership (minus the 6 months received) on the CONDITION we sign up for a further 12 months membership contract with treatments!!!!!

I do not want to be committed to a further 12 months and therefore I am considering claiming in section 75 since I paid by credit card. ANy thoughts on my chance of success given the unclear paperwork?

arcon5

I wouldn't accept that!

Send them a letter by registered post , in that letter state they are in breach of contract by failing to honour services contracted to and you will not sign addition/longer contracts as part of any rememdy. Include a copy of the promotional letter which states it is included. Tell them they have two options:

- option one, honour the agreement

- option two, downgrade your account to what it was before at the previous price and you will NOT be signing a longer contract

Be firm and make sure they are aware your position is non-negotiable.

Then explain how if they do not remedy their breach you will be left with no option but to rescind the contract and cancel further payments and if you are forced to take this action you will not deal with them further and if necessary they will have to file a claim with the courts.

Keep copies of all letters/correspondance and ensure it is in writing. Also keep copies of proof of delivery on letters as if it does go to court, you would need to prove you gave them the opportunity to rectify the situation.