Cancelling gym membership - what are my rights?

Cookiepops

Im 8 months into a 3 year contract with my gym. I want to cancel because I have been growing increasingly unhappy with the way they manage the gym. Its a small ladies only gym with pool. It doesnt have long opening hours and is not open on Sundays (which I was aware of when I signed up). But we have had a few Bank Holidays and they are also closed then and they were shut over all of Easter weekend. Also, they are increasingly booking out the pool privately for swimming lessons, mums to be exercise classes, baby swimming classes and we (the members) are forbidden from entering the pool at these times. I was aware of an exercise class in there and they said the occasional private swimming lesson but I have now lost count of the number of times I have gone there for a swim only to find out I cant use the pool (they do not contact the members in advance or put up any signs to let us know when the pool will and wont be available). The sauna also broke just after Xmas and they still have not fixed or replaced it. Also, the pool is supposed to be a therapy pool and warmer, it was very warm when I first joined but is definitely cooler. I have 2 slipped discs in my back and when I used to go into the pool i could feel it ease but now my back stiffens as I feel the cold as I get into the pool. I know from chatting to other members that loads of them have complained about the pool but they are told its the same temperature it always has been. The staff are actually quite rude and prickly when someone asks about it. But because of my back, the only things I really was using is the pool and sauna. As far as Im concerned, they are not upholding their end of the contract. ANy ideas on what I can do?

pinkshoes

I'd put your complaint in writing to them giving them all the times you've turned up and not been able to use the pool. I'd ask for a list of when the pool will be closed, along with a date that the sauna will be fixed by, and say that if they don't reply within 7 days, you will be looking to cancel your membership due to the club not being fit for purpose.

fluffnutter

You might have a fight on your hands because gym contracts are notoriously difficult to get out of.. but you do have two things in your favour.

1) they're not providing the service you signed up for which you can try to argue is breach of contract

2) excessively long gym contracts (and 3 years is shockingly long) have been slammed by the OFT recently.

Start with complaining using (1) above. As pinkshoes says list all the occasions that you've not been able to use the service and ask them what recompense they're prepared to provide, e.g. reduced membership cost. If none, then state clearly that you'd like to cancel because you consider them in breach of contract.

If this gets you no joy, then argue that you consider a 3 year contract to be unfair and unenforceable. Are you prepared to go to court though? You might have to. Good luck.

One last thing... if you can enlist the support of other members who feel the same way, then it's a good idea to present your complaint collectively.

custardy

a 3 year contract :eek:

fluffnutter

Out of interest, lisajh, are you prepared to say which town this is in? Sounds suspiciously like a gym in my area and I'm curious to know if it's the same place...

arcon5

Your best bet would be to send them 3 months notice that you will be terminating your contract, send recorded delivery and keep the proof of postage and a copy of the letter.
Then continue to pay membership up until the 12 month period has passed.

It's unlikely a judge will find in their favor if they go to court. Recent judgements have deemed such length contracts as unfair, therefore unenforceable. So long as you give them sufficient notice I imagine the case would be find in your favor.

unholyangel

If they aren't providing the service the OP is paying for, the payments should have been reduced accordingly so that they could both agree or the gym fix the problems so the OP is receiving what they are paying for or the gym should allow the OP to cancel without any financial penalty.

Schedule 2, paragraph 1, states that terms may be unfair if
they have the object or effect of:
(o) obliging the consumer to fulfill all his obligations where the
seller or supplier does not perform his.

Schedule 2, paragraph 1, states that terms may be unfair if they
have the object or effect of:
(k) enabling the seller or supplier to alter unilaterally without a valid
reason any characteristics of the product or service to be
provided.

Which then goes on to say:

11.5 Valid reasons.......In any case, no statement of reasons can
justify making consumers pay for a product substantially different from
what they agreed to buy.

11.6 Rights to cancel. Where circumstances could prevent the supply of the
goods or services agreed (or a version of them that the consumer has
indicated is acceptable) then the consumer should be able to cancel the
contract
27
, and receive a refund of prepayments.

So the real question is, what does your contract say about availability of services? How big is the change etc? How frequent? Would you be happier terminating the contract or being supplied with what was agreed?