Cancelling my Gym membership - what are my rights?

arcon5

Another thing.... is this term about their liability over property left in the contract itself (or at least a reference to a relevant policy)? If not, this makes it even more difficult to enforce as they cannot retrospectively add or change terms of the contract.

This is different to when you drive in to a car park for example, as with a car park notices are often as you drive in and around the car park - and you have the opportunity to leave. Whilst with a gym membership each party has already been legally bound to an agreement.


As an aside, at gyms i've been a member at in the past this has also been the policy and sign posted everywhere. If it's a busy gym it's always respectful to others to honor this request, although admittedly i've left my property at a gym before.

chokolat2

arcon5 wrote: »

Another thing.... is this term about their liability over property left in the contract itself (or at least a reference to a relevant policy)? If not, this makes it even more difficult to enforce as they cannot retrospectively add or change terms of the contract.

This is different to when you drive in to a car park for example, as with a car park notices are often as you drive in and around the car park - and you have the opportunity to leave. Whilst with a gym membership each party has already been legally bound to an agreement.


As an aside, at gyms i've been a member at in the past this has also been the policy and sign posted everywhere. If it's a busy gym it's always respectful to others to honor this request, although admittedly i've left my property at a gym before.

This is the only thing that is in their T&C's , with a heading "Limited Liability"

The Club accepts no liability for loss or damage to property of members or guests on the Club premises or in the car park other than loss or damage suffered as a result of the Club's negligence.

marleyboy

I liken the padlock scenario to a locker in a local swimming pool, the only difference being a coin as oppose to a padlock. Common sense would tell me it isn't a good idea to leave my property behind when I leave the premises.

As for the T&C, I have NEVER signed a contract without first reading the T&C's, they could have had any sort of terms, "I agree to pay for breakfast and lunch for all the staff when on the premises and to give the receptionist a crisp £20 note whenever I meet him\her.". Knowing once I have signed a contract is an indication that I have read, understood and agreed the T&C.

chokolat2

Just wanted to give a quick update...

I met with the General Manager of the club yesterday as I realised that emails were not getting me anywhere. He actually came with a colleague, so lucky I had my partner with me!

Anyways, we pointed out where they went wrong, they stated that they didnt see a need to advertise that lockers should not be used overnight as old members were getting used to this (the Club opened about 1.5 years ago and at the start members could leave belongings overnight). When I asked why I wasnt told about not being able to leave stuff overnight, the GM replied that "If they stated every single policy, they would be there all day". I think this is a VERY important policy.

In regards to my missing items (bottle of water, 2 magazines, 2 empty carrier bags and a jacket), they stated that upon locker break ins, they would dispose of any liquids - so that is why the bottle of water is gone. When I asked about the 2 empty carrier bags, the GM replied "the housekeeping staff would have assumed it was rubbish". This is where it really got me angry - who are they to decided that?? If they break into my locker, they need to keep everything that is inside!
During the meeting, I also highlighted other situations where I received poor customer service, primarily with reception staff.

Anyways, towards the end of the meeting, when asked what is my achievement - I said I have no intention to come back, therefore want to cancel. GM stated that he would need to double check something at his end and he will reply by email same day.

Exactly 1 hour after the meeting, I receive an email not from the GM as promised but from his colleague who also attended. She writes that they have taken my comments on board, this is the first incident and hopes with my feedback will be the last. She then goes onto say they will cancel my membership as requested, but before that is authorized, she stated "You have failed to make May's payment, therefore we require this before cancellation". ???? How cheeky!
I joined on 2nd of April upon an offer, first month free + no joining fee.
They were due to debit my account first time on 1st May, but they failed that their end! Yet she stated that I failed! Direct debit was set up fine.
My locker was broken into on 7th May , and I only received the Terms and Conditions of the Club on 21st May (my partner still hasnt!!). So really, I dont see why I should be made to pay for the remainder of May from 7th onwards..or anything is this is the case
When I refused by replying back via email, she again got very cheeky saying that as we are now in June, my account is further in arrears, and they are more than happy to receive that too! When I refused again, she replied referring to those T&C's that I only got 21st May (and I cancelled my direct debit same day as I dont agree with them).

What is everyones thoughts?

Buzby

You might end up shooting yourself in the foot. What is your agreed minimum commitment? 12 months, 18 months? If the price of your departure is one months service - write a cheque with good grace.

Non payment of a DD is no mitigation, their not taking the funds is not proof on anything and your responsibility to pay is unaffected.

chokolat2

Buzby wrote: »

You might end up shooting yourself in the foot. What is your agreed minimum commitment? 12 months, 18 months? If the price of your departure is one months service - write a cheque with good grace.

Non payment of a DD is no mitigation, their not taking the funds is not proof on anything and your responsibility to pay is unaffected.

I understand that but my items have gone missing due to their negligence and to date I have no apology or been offered anything.
During the meeting I asked to see their procedure of locker break ins, which she gave me a copy of. When I got home and read it carefully, there are two things on there. One is lost property and the way to document it, the other is locker break ins which says a different document must be used to record, which they obviously do not have. They have admitted fault when I highlighted that staff records X amount of clothing as "clothes" and not specifically the type of clothes, the colour ect...

I also understand that if they have not taken the direct debit on 1st May that its no proof of anything but, she cannot say that I have failed to make this payment as it is written in her email! It's actually them who failed to take it.
I believe they messed up big time, and like I said even til now my partner still hasn't received his copy of terms and conditions.
So due to their level of poor customer service and everything else, I believe me not paying for may needs to be at least a gesture of goodwill. They should count themselves lucky I haven't reported this as theft to the police or claimed compensation. On top of that I ended up out of pocket as had to replace those missing items from my own pocket.

custardy

You seriously listed 2 empty carrier bags as missing items?
As far as im concerned,all but the jacket could be deemed rubbish in a gym

ValHaller

You need to check that the contract is not a back to back single payment 1 year gym membership paid by a loan from a 3rd party lender.

If it is not, I suggest you state an intention to sue for the jacket but offer 'without prejudice' to drop the claim if they drop all claims.

chokolat2

custardy wrote: »

You seriously listed 2 empty carrier bags as missing items?
As far as im concerned,all but the jacket could be deemed rubbish in a gym

Yes!
If I go into your bag now and decide to throw away something i deem is rubbish, would you be happy???
They went into a LOCKED locker, its not like I left it open or forgot in the changing rooms. It is NOT their decision to make what is rubbish and what is not! In that case they could have deemed the jacket as rubbish too and thrown that, how do i know!

chokolat2

ValHaller wrote: »

You need to check that the contract is not a back to back single payment 1 year gym membership paid by a loan from a 3rd party lender.

If it is not, I suggest you state an intention to sue for the jacket but offer 'without prejudice' to drop the claim if they drop all claims.

Its a 1 year contract, but where would I check to find out if it is paid by a loan from a 3rd party lender?