Cancelling my Gym membership - what are my rights?

[Deleted User]

But presumably the gym would argue that they have shown reasonable care and that they have returned his items to him. They didn't throw them out did they? The argument is that the OP is saying that there were 3 things missing when his items were returned including a brand new jacket which he had hardly worn but was quite happy to leave without. Anyone in this situation could say that they left, say, £250 cash in the locker and it has disappeared and they want it back. Presumably he didn't think to ask the gym staff whether it was ok for him to leave his stuff there and was happy to walk out with the key which then made the facility unusable to other paying members!

chokolat2

The locker has a padlock on it, which I bought from the gym for £3. This padlock now becomes mine to use on a locker within the changing room.

lucy03

victoria61 wrote: »

But presumably the gym would argue that they have shown reasonable care and that they have returned his items to him. They didn't throw them out did they? The argument is that the OP is saying that there were 3 things missing when his items were returned including a brand new jacket which he had hardly worn but was quite happy to leave without. Anyone in this situation could say that they left, say, £250 cash in the locker and it has disappeared and they want it back. Presumably he didn't think to ask the gym staff whether it was ok for him to leave his stuff there and was happy to walk out with the key which then made the facility unusable to other paying members!

Dumping everything in a bag and letting people claim items they want is not, in my view, taking reasonable care. By not taking reasonable care the gym has opened themselves to people claiming items have gone missing, not the other way round.

It makes no matter that he took the key out, the gym still has to take reasonable care of items. These are not items belonging to the gym.

custardy

here a flip side
all those other paying members would no doubt like the use of a locker too

from my experience gyms will have signs up with regards to locker policy.
my present gym has a clear locker policy with lockers emptied nightly

brettcta

the only experience i have of being able to use a locker over night is in a golf club - a high end, stupidly expensive golf club, where the policy is explained (and your locker has your name on it).

pretty much every gym i've been too has clear signs up saying they check lockers every night. it's not fair on other gym users to be hogging lockers because you want to use it as a wardrobe away from home.

arcon5

victoria61 wrote: »

Presumably if you left your stuff at the gym overnight in a locker that was for general use, then you left the Club with THEIR property ie a key or something which was used to lock the locker and which you should not have removed from the premises without their permission!

Even if that's the case, hows it relevant - op hasn't lost or damaged it and is able to restore it back to them having fulfilled a duty of care.

chokolat2

But thats what I am trying to say guys, fair enough, my fault for leaving my stuff in a locked locker, but there are NO signs, nothing in the T&C's about this.
I have been to a gym a few years back where I could leave something in the locker with no probs, so if someone was to tell me different at this gym then of course I wouldnt.

But the other point is, I only received the T&C's last week (thats 1.5 months into my membership), when they promised me this within 5 days... and I still had to ask for it twice during these 1.5 months!

arcon5

victoria61 wrote: »

But presumably the gym would argue that they have shown reasonable care and that they have returned his items to him. They didn't throw them out did they? The argument is that the OP is saying that there were 3 things missing when his items were returned including a brand new jacket which he had hardly worn but was quite happy to leave without. Anyone in this situation could say that they left, say, £250 cash in the locker and it has disappeared and they want it back. Presumably he didn't think to ask the gym staff whether it was ok for him to leave his stuff there and was happy to walk out with the key which then made the facility unusable to other paying members!

Not throwing them out is just common courtesy, if not a legal obligation. Hardly showing a duty of care to therefore put them in a bag and lose several items!

chokolat2

arcon5 wrote: »

Even if that's the case, hows it relevant - op hasn't lost or damaged it and is able to restore it back to them having fulfilled a duty of care.

Exactly.
As I already mentioned earlier today, the locker is locked with a padlock, which I bought for £3. That padlock is now mine, and can be used to secure the locker. Alternatively I could have bought my own padlock from home - no difference.

brettcta

chokolat2 wrote: »

Exactly.
As I already mentioned earlier today, the locker is locked with a padlock, which I bought for £3. That padlock is now mine, and can be used to secure the locker. Alternatively I could have bought my own padlock from home - no difference.

but that padlock, bought in the gym or forged in your own garage, doesn't entitle you to claim a locker as your own.

needles to say, the gym has a duty of care with your stuff, even if it is left on their property in their locker