Gym Undergoes a Refurbishment

spaghettihoop5

Hi All,

I'm not sure what to do about this so thought I would put up my problem on here for some ideas.

I'm currently at a gym called The Galleon at the Waterside Hotel in Manchester Didsbury, and not long ago I signed up for a whole year and paid a lump sum on my credit card. A few months later, the gym decides to undergo a refurbishment that is apparently only going to take 3 months. We are in month 2 and there has been hardly any work done, so I seriously doubt it will only take 3 months (more like 6 I reckon, we all know how these things go).

They have provided a temporary gym, that is incredibly busy in the evenings and has a very limited amount of equipment. So much so, that I have had to sign up to another gym further away on a rolling contract.

I have complained multiple times and sent them emails. But I get no response and get fobbed off by the receptionist telling me to send an email. I would like them to at least freeze my membership while the refurbishment is happening, but they were asking for £10 a month to freeze it! They should waive that fee in my opinion.

What are my rights? Am I able to take them to a small claims court over this to get my membership payment back? Or try to claim back off my credit card for them not providing the service they sold?

I don't really know where to go with this.

Cheers peeps!

Buzby

Your rights will be enshrined in the contract you agreed - nobody else can say what is in it. They should state what they will do if the services you use become unavailable - I would assume this will include making alternative arrangements (which they appear to have done). The fact that is it 'busy' carries no weight, unless this is addressed in the same way at the original premises.

The duration of the work is of no consequence, just because you see no work physically is no guide - but nothing prevents you from writing - noting your dissatisfaction at the closure period, and stating that should normal service not be provided by the stated date, you want your membership suspended until it reopens fully.

unholyangel

If a supplier sells ('assigns') his business, consumers will find themselves dealing with someone else if the contract is a continuing one (like an insurance contract) or, when it is for a single transaction, if any problem arises with the goods or services supplied to them. Their legal position should be unaffected by the 'assignment'. A term is unlikely to be fair if it allows the supplier to sell on to someone else who offers a poorer service.

The last three words of the quotation above point to one solution – for the consumer to be consulted and assignment to be permitted only if he or she consents. Where services are being provided, and payment is being made, on a continuing basis (as, for example, with membership of a club) a more practicable approach may be for the consumer to have a penalty-free right of exit if he objects to an assignment. Alternatively, an assignment clause may be considered fair if it allows the supplier to assign only in circumstances which ensure that the consumer's rights under the contract will not be prejudiced.

Are the gyms like for like, location, hours, availability of machines on offer etc?

spaghettihoop5

Cheers for the replies.

So I should get a copy of the contract I have signed with them to check it over? Then see if they are breaking the deal of what I signed up for.

The gym was like for like before the refurbishment started. It was a little run down, but I didn't mind otherwise I wouldn't have signed up for another year. Members shouldn't have to suffer the cost with poor service during the restoration period. We didn't get consulted and I didn't consent to the changes. So shouldn't I be able to get my money back penalty free according to the quote from the OFT?

I rang them this morning about the ignored e-mails. They've told me to call again tomorrow as it's the persons day off today.

unholyangel

spaghettihoop5 wrote: »

Cheers for the replies.

So I should get a copy of the contract I have signed with them to check it over? Then see if they are breaking the deal of what I signed up for.

The gym was like for like before the refurbishment started. It was a little run down, but I didn't mind otherwise I wouldn't have signed up for another year. Members shouldn't have to suffer the cost with poor service during the restoration period. We didn't get consulted and I didn't consent to the changes. So shouldn't I be able to get my money back penalty free according to the quote from the OFT?

I rang them this morning about the ignored e-mails. They've told me to call again tomorrow as it's the persons day off today.

But you said the new gym is busier and has limited equipment? If it doesnt have the same type/availability of machines as the gym you're contracted to, its not like for like.

spaghettihoop5

Sorry, I didn't understand what you meant. The temporary gym they have set up is no way like for like. It has the same hours, it's in the same building, but there's hardly any free weights, no plate loaded machines, barbells, smith, racks etc. I guess there is plenty of cardio machines, but that is not why I signed up for this gym.

(I thought you meant in comparison to the other gym I've started going to, but thinking about it, that's irrelevant, so not sure why I thought that...)

unholyangel

spaghettihoop5 wrote: »

Sorry, I didn't understand what you meant. The temporary gym they have set up is no way like for like. It has the same hours, it's in the same building, but there's hardly any free weights, no plate loaded machines, barbells, smith, racks etc. I guess there is plenty of cardio machines, but that is not why I signed up for this gym.

(I thought you meant in comparison to the other gym I've started going to, but thinking about it, that's irrelevant, so not sure why I thought that...)

Dont worry, we all get a little lost/misunderstand sometimes!

I know you've contacted the gym you're contracted to, but have you actually set out in writing how the new gym doesnt offer the same benefits etc and given them an opportunity to provide a remedy?

spaghettihoop5

Not formally by a printed letter and posted to them. That was going to be my next step and do it to the attention of the manager.

At the moment I have just sent multiple emails to the address they provided when the refurbishment started. I get an automated confirmation that the email has been received then don't hear anything for weeks.

unholyangel

spaghettihoop5 wrote: »

Not formally by a printed letter and posted to them. That was going to be my next step and do it to the attention of the manager.

At the moment I have just sent multiple emails to the address they provided when the refurbishment started. I get an automated confirmation that the email has been received then don't hear anything for weeks.

A refurb taking 3 months most likely means gutting the place and if so, the computers probably arent hooked up/turned on. Kind of shoddy though if they arent even checking/havent set up an automated reply.

You could always try contacting the substitute gym and asking if they have contact details for the manager of your contracted gym?

spaghettihoop5

I've had a bit of a result today. They've added 2 extra months on to the end of my membership. I asked why wasn't it 3 months since the refurb was supposed to last 3 months, but the membership guy said he was only permitted to add 2 months.

Anyway, better than nothing I guess.

bod1467

I presume you mean he has added 2 FREE months? 2 PAYABLE months is no bonus at all