Virgin Active change of circumnstances

liveemerald

I have been a member of Virgin Active their member for over 2 years. My contract renews every year on January 1st, for another 12 months.

A few months ago, they closed my home club, forcing me to choose another one.
Now, with just one month notice, they are going to close this one as well. They are actually going to sell it to another company. This is very inconvenient for me, because this club is closed at weekends (only open on sat. morning). Because it is not going to be Virgin Active anymore, I won't be able to make use of other Virgin clubs during the weekend.

Staying with Virgin Active, would mean for me to choose another new home club and the nearest now is miles away, so very inconvenient and therefore not feasible.

I asked Virgin Active to end my contract as this situation is very inconvenient for me, but they say my contract expires on January 2014 and until then I won't do it.

However, they are causing an inconvenience to me, by closing (yet again for the second time this year!!!) my home club.

I firmly believe that Virgin Active is in breach of my contract, as OFT consumer leaflet (page 4) clearly states:

"You are entitled to receive a service that in all important respects is the one that you signed up to. So any term that allows the club to significantly change the service it provides – for example by greatly reducing opening hours or taking away any of the services it offers – may be unfair. So check the contract for terms that could be used to put you at a disadvantage after you have joined.”

Could you please help me in resolving this situation?

arcon5

If they are not opening weekends i'd argue that you do not agree with their material change in terms and conditions and if they are opening only 5 days per week you consider them in breach of contract.

Put your concerns in writing and explain they can either remedy this breach or terminate your agreement.

They may well still fight it, in which case keep a copy of your correspondence and stop paying, subject to my next point.

How do you pay? If via a consumer credit agreement then this could be more complicated as you don't want them reporting defaults on your credit file.

Does the contract have any terms permitting hem to transfer the contract to another company? If not, can you confirm the contract is in fact beng transferred to a new entity and not merely a change to the service they will continue to provide?

unholyangel

I'd also add into the letter (that arcon suggested) saying that they cannot hold you to your obligations if they are not willing to be held to theirs. And that any such term that allows them to vary the terms of the contract without your agreement AND still legally binding you to them would be illegal under unfair contract terms.