7 day cooling off period clarification

svfinn55

Hi,

Today two days ago I booked a theory assessment for a YMCA Fit personal training course I'm doing. These assessments happen every month. I booked over the telephone and received a confirmation email.

Today I emailed the relevant person to ask if I could be change from the June date to July. I was told that this wasn't possible as it is within 4 weeks of the date so I will have to be charged if I want to move the assessment. However, in the email confirmation I received the terms and conditions attached stated there is a 7 day cooling off period. When I put this to the lady she said it only applied to when you book the course not the assessment. They did not tell me on the phone that I'd be charged if I changed the date. Do I have any rights here or will I have to pay the charge do you think?

Thanks for reading.

InsideInsurance

When did you actually pay for the assessment? Was that two days ago too or was that paid long ago when you booked the course?

The distance selling regulations all revolve around the commitment to purchase not the booking of individual elements. Depending on the answer to the above you may or may not have statutory rights.

As to contractual rights, that depends on the exact wording of the T&Cs and if they were sent in response to the purchase or in response to the booking of the assessment (assuming the purchase was made earlier)

shaun_from_Africa

Depending on how the term "leisure services" is interpreted, the company running the course might have a valid argument to state that the assessment is not covered by the DSR right to cancel.

(2) Regulations 7 to 19(1) shall not apply to

(b)contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period.

http://www.legislation.gov.uk/uksi/2000/2334/regulation/6/made

paddyrg

For what it's worth, YMCA seem to be some of the more honest, straightforward gyms and less dodgy practices than many of the rest.

Can you go and see the gym manager and come to an agreement?