Treatment by Gymbox!

fluffnutter

The OFT is very interested in gyms with unrealistically long contracts that don't allow people to cancel for legitimate reasons. Being prevented from using a gym's facilities due to injury constitutes a perfectly legitimate reason to my mind.

Unholyangel gives sound advice and said advice has the benefit of always being true in terms of contract cancellation (regardless of reason). I think you can feel doubly confident in that your reasons for cancellation are such that it would be unreasonable not to honour them and that, if you were prepared to suffer the stress, you'd have a good chance of winning should this ever go to court, particularly given the clause unholyangel's already posted about your need to be fit and healthy to use the gym.

Offer them a sum in lieu of losses; e.g. a month of two's membership fees in exchange for full cancellation. Let them take you to court if they don't agree.

unholyangel

LeMoore wrote: »

Basically my chiro has advised swimming, cycling and ashtanga yoga. They have no pool and no ashtanga yoga. I would never join a gym just to use a bicycle, so no not really. Whats annoying is i actually love this gym, but am being told for medical reasons i should not do the exercises i basically signed up to the gym to do. They have olympic lifting platforms, sled pulls, all the good stuff! I have spondylosis and was also told i fractured a vertebrae two years ago which i didn't even know, so consequently my body has compensated for those injuries in ways which are now causing serious issues.

Would they have to give me a pre-estimate of loss if i asked for it?

Well no, they're actually likely to tell you you're liable for the full amount. However.....a similar case went before the courts recently (i'll try find the thread for it so you can read when you have time - basically woman got pregnant, tried to cancel and gym chased for remaining months on membership) and the judge awarded the gym 1 month saying that the whole remainder of the contract amount they had asked for amounted to a penalty under Unfair Contract Terms Act.

I believe (I dont have the page up so I can't check atm) in their T&C's they also say expressly that one year monthly members cannot cancel.........I seem to recall saying that is a unfair contract term in itself. You can cancel, you just may not be able to cancel free of any charge.

Not the thread on here but.....
http://www.mortonlegal.co.uk/articles/httpwwwyorkshirepostcouknewsat-a-glancemain-sectionmother_triumphs_in_legal_fight_over_ending_gym_membership_1_4136768

fluffnutter

unholyangel wrote: »

Well no, they're actually likely to tell you you're liable for the full amount. However.....a similar case went before the courts recently (i'll try find the thread for it so you can read when you have time - basically woman got pregnant, tried to cancel and gym chased for remaining months on membership) and the judge awarded the gym 1 month saying that the whole remainder of the contract amount they had asked for amounted to a penalty under Unfair Contract Terms Act.

I believe (I dont have the page up so I can't check atm) in their T&C's they also say expressly that one year monthly members cannot cancel.........I seem to recall saying that is a unfair contract term in itself. You can cancel, you just may not be able to cancel free of any charge.

I'm not sure that this is the one you're referring to, but it's interesting nonetheless.

http://www.guardian.co.uk/money/2012/jan/20/la-fitness-gym-contract

This story ran on for a while more. In the end LA Fitness waived the whole sum I believe.

unholyangel

fluffnutter wrote: »

I'm not sure that this is the one you're referring to, but it's interesting nonetheless.

http://www.guardian.co.uk/money/2012/jan/20/la-fitness-gym-contract

This story ran on for a while more. In the end LA Fitness waived the whole sum I believe.

Ah no but the story you link is useful in itself as it references High Court ruling for OFT V Ashbourne. Which you can find quite a lot of details on here:
http://www.oft.gov.uk/OFTwork/consumer-enforcement/consumer-enforcement-completed/ashbourne/

LeMoore

Thank you both.

I have to go to the club today to clear my locker out, so i am going to speak to the manager personally, give it the human touch, and see if he will be reasonable.

I had an issue with Virgin Active once where i moved and they had no facilities near me...they wouldn't let me cancel either, so i emailed their UK MD and his team got back to me straight away and offered me a choice of options including cancellation of contract. THAT is how you treat customers. Some companies don't seem to understand about brand protection. I mean, what company wants people !!!!!ing about it on message boards where thousands read it?

And all for a perfectly legitimate, valid reason!

Thanks again for your help, i will report back later and let you know what happened. Right now i am off to practice Mozarts Alla Turca

Have a good day everyone

halibut2209

Great piece of music! Enjoy

LeMoore

It's all that keeps me sane!

LeMoore

Just a quick update... I emailed the CEO of Gymbox with my issue, and he came back to me with two options..

1. Transfer the membership free of charge to anyone keeping the corporate rate.

2. Cancel but pay 50% of the remainder of the term.

I have found someone to transfer to.

The CEO was very polite and helpful and i am happy this has resolved in a suitable manner.

Thumbs up to Gymbox

Thanks for all the advice in this thread