can I cancel my gym membership

mandyh11

I have actually been with Virgin gym for 9 years but had to sign a new contract in November - 12 months. Unfortunately they have drastically reduced the number of classes on the timetable for January and it doesn't suit me anymore. I want to cancel and join a different gym. What do you think my chances are under breach of contract on their part?

arcon5

Hard to say without knowing the timetable and the extent of the reduction really, but gym contracts are known to be notorious to get out off. It would also depend on how it's worded, as I imagine the contract gives you access to their facilities which technically you still have, including the available classes.

lateandlive

I'd tend to agree - unless your contract stipulated that they'd provide specific classes or a specific number of classes, then the gym are still fulfilling their contract to you by providing the ones they are.

I'd think it'd have to have been VERY significantly reduced - so from 10 a day to 1 a day - before they even considered they weren't offering what they should be, and in any case I doubt they'd allow you to outright cancel after you just resigned!

mandyh11

Oh bum. I'm really hoping I can get out of it with this. I only do the classes during the day and they've cancelled most of them. I'M JUST going to have to appeal to them or make a nuisance of myself then!!!!

System

I once got out of a David Lloyd membership by writing to them and informing them that there was no real material loss to the company by my leaving and that any leaving fee would be punitive and unenforceable.

timbstoke

I'd say it's well worth trying. If you've been a member for 9 years and are on good terms, have a quiet word first and see what they say.

arcon5

13000 wrote: »

I once got out of a David Lloyd membership by writing to them and informing them that there was no real material loss to the company by my leaving and that any leaving fee would be punitive and unenforceable.

You got lucky. If throughout the remainder of your contracted period the facilities are still open and available to you, irrespective of whether you use them or not then they can chase you for the contracted monthly fee. The fact their actual losses is punitive is irrelevant and it is completely enforcable.

arcon5

timbstoke wrote: »

I'd say it's well worth trying. If you've been a member for 9 years and are on good terms, have a quiet word first and see what they say.

Next you'll be thinking bankers care about their customers welfare more than their bank balances :rotfl:

DVardysShadow

mandyh11 wrote: »

I have actually been with Virgin gym for 9 years but had to sign a new contract in November - 12 months. Unfortunately they have drastically reduced the number of classes on the timetable for January and it doesn't suit me anymore. I want to cancel and join a different gym. What do you think my chances are under breach of contract on their part?

Your chances are a bit on the slim side, but if you have evidence that classes have been held in the daytime to a significant degree and the level of provision has now been substantially reduced, you might get somewhere.

This one is a difficult one to play, but the right way to go is to write a letter of complaint about the availability of classes and request that it be improved - and state that you do not believe that they are providing the value you had been lead to expect when you signed in November. State that in the alternative, you would be prepared to accept release from the contract.

Set a deadline for restoration of classes after which you will consider them to be in breach of contract. If [when] they don't comply, write to ask for your money back for that month, as a continuation of your complaint. If this is not forthcoming, send a 'letter before action' threatening to sue, then sue for the month's fee. But don't cease paying.

This is longwinded, but it is suggested in such a way that you are never on the wrong end of a court action or debt collectors yourself and you give the gym the opportunity to put things right.

mandyh11

Hi. Thank you all for your replies and advice. I have been in contact with the manager but he rarely returns my calls. I shall keep trying this week and let you know what happens. Who knows maybe there is a gym with a bit of customer relations - wishful thinking I know.

BearPear

Just my experience here, of Nuffield Gyms - I just cancelled my membership after about 4 years and when I enquired they checked and said that I was on a rolling monthly contract and as such only needed to give a month's notice. I wasn't aware of this until I got in touch. I still had to go in person to sign the cancellation.

I guess this doesn't help if they won't answer your call!