LA Fitness

lifeonanotherplanet

We purchased a block of 12 Day Guest Passes for our daughter to use at LA Fitness. She has 6 left and has now been told there is a time limit on their use and they are no longer valid.

On querying this we were told: 'the voucher states that terms and conditions apply' - but there is noting in the T&C about a time limit, other than a catch-all:

'12.1: We may sell, transfer, mortgage, charge or assign the benefit of the Contract at any time. You may not, without our prior consent sell transfer, mortgage charge, or assign the benefit of the Contract.'

This seems to imply that no contract you enter into with LA Fitness is legally binding on their side!

Surely this cannot be legal?

unholyangel

You are correct in a sense.

Under Unfair Contract Terms Act, a term is unfair if it is legally binding on the consumer but not on the supplier.

Also in order for terms to be legally binding on a consumer, they must have had an opportunity to read and understand those terms. They should also be set out in plain and intelligible language so that the average consumer would understand their implications. If a term can be taken 2 ways, generally the courts will "assume" the meaning that is beneficial to the consumer.

BTW, the term you highlight refers to them basically "selling" your contract to another gym/third party. However apparently (according to unfair terms act), they cannot assign at anytime as they can only do so with your consent.


Do you have a link to the terms and conditions of the voucher at all? Or can you post them so we can have a look and see?

lifeonanotherplanet

unholyangel wrote: »

You are correct in a sense.

Under Unfair Contract Terms Act, a term is unfair if it is legally binding on the consumer but not on the supplier.

Also in order for terms to be legally binding on a consumer, they must have had an opportunity to read and understand those terms. They should also be set out in plain and intelligible language so that the average consumer would understand their implications. If a term can be taken 2 ways, generally the courts will "assume" the meaning that is beneficial to the consumer.

BTW, the term you highlight refers to them basically "selling" your contract to another gym/third party. However apparently (according to unfair terms act), they cannot assign at anytime as they can only do so with your consent.


Do you have a link to the terms and conditions of the voucher at all? Or can you post them so we can have a look and see?

---

Thanks for your help.

These are the T&Cs on the website:

Go to: lafitness.co.uk/tandcs [sorry, wasn't able to post the actual link due to spam policy]

Mindless_Clone

lifeonanotherplanet wrote: »

Go to: lafitness.co.uk/tandcs [sorry, wasn't able to post the actual link due to spam policy]

http://www.lafitness.co.uk/tandcs/

(just adding the actual link to help out.)

unholyangel

lifeonanotherplanet wrote: »

---

Thanks for your help.

These are the T&Cs on the website:

Go to: lafitness.co.uk/tandcs [sorry, wasn't able to post the actual link due to spam policy]

Were these the terms and conditions the voucher pointed you to? Do you still have the voucher at all?

lifeonanotherplanet

unholyangel wrote: »

Were these the terms and conditions the voucher pointed you to? Do you still have the voucher at all?

Yes. Have 6 vouchers left which say 'T&Cs apply' and gives a url: lafitness.co.uk/guestpassterms - but this leads to an error 404: 'this page hasn't been found'

Just to add: our daughter was given no indication that there was a time-limit when buying the passes. She was offered the 12 passes because she explained that she couldn't take up a monthly contract precisely because she would only be able to attend once or twice a month.

All it says on the card is: '1 day guest pass. Come for a taste of the LA fitness experience. Together we'll help you achieve your health and fitness goals.'

Thanks again.

unholyangel

When exactly did you purchase these and when are the gym saying they expired? Have you tried putting your complaint in writing to their head office?

lifeonanotherplanet

unholyangel wrote: »

When exactly did you purchase these and when are the gym saying they expired? Have you tried putting your complaint in writing to their head office?

It was during Easter holiday when daughter had some time off.

She wasn't able to use the passes early in the summer break because she had to move lodgings and come home for a couple of months. It was when she tried to use a pass about 3 weeks ago that she was told they were no longer valid.

My wife telephoned their head office and they asked their branch manager to send a scan of the card. This wasn't done. So my wife phoned again and sent a scan of the card today.

Despite the person agreeing that she thought the situation unfair, we then received an email stating: 'the voucher states that terms and conditions apply, and we will not re issue the passes.'

As I've said, the T&C page for 'guest passes' is not available. The more general T&Cs states: '12.1: We may sell, transfer, mortgage, charge or assign the benefit of the Contract at any time. You may not, without our prior consent sell transfer, mortgage charge, or assign the benefit of the Contract.'

Thank you again.

lifeonanotherplanet

Does anyone know if there is any comeback on a co. which reneges on its contract in this way?

Thanks for any advice.

visidigi

don't look at the standard terms and conditions, they don't apply, the guest passes version is what you need.

Ask head office to provide it, otherwise inform them that you are abiding by the terms and conditions as detailed on the passes, because that page is blank so there are none.

arcon5

If terms and conditions are not easily accessible at time of purchase (not after purchase) then I fail to see how they can legally hold you to them.

Send a letter stating by not honouring the vouchers purchased they are in breach of contract. Give them 7 days to confirm they will honour them after which you wil seek to recover the money paid for all remaining vouchers via the county court