Cancelling gym membership

*shopaholic*

Hi,

I hope I have posted this in the right forum. I have been a member of a gym for almost 3 years. I have an injury so I can only attend a certain class to help with recovery - this is all I use my membership for. Yesterday the new timetable went online and they have stopped the classes I can do which means I have to join another one. I read on their website you need to give one months notice in writing so I went to the club today with a letter and filled in the cancellation form. The reception guy was very understanding and could see why I was cancelling but then said the club has "become very strict now on cancellations" and as it should have been done before direct debit date which I am assuming was yesterday I have to give 2 months notice now.


Where do I stand with this? Am I obliged to pay the 2 months? It doesn't say anywhere in terms and conditions the notice had to be given before the direct debit date and I would be willing to pay the 2 days over like they would charge if you join a gym in the middle of a month. If they hadn't removed the classes I wouldnt have cancelled and just seems crafty they announced the new timetable too late to put notice in. I have asked for head offices number but I was wondering if I had any rights?


Thanks in advance!!

unholyangel

How much notice did they give you that they were changing the services they would be providing?

Have you only ever used the one class? If not, how long have you only been using the one class?

What does the T&C's say? Specifically with regard to cancellation, change in services?

*shopaholic*

Thank you for your reply.

The gym just posted online 1st June the new timetable. I went into the club on the 2nd with my notice. It only says 1 months notice to be given in t&c's.


I have always just done that particular class. Occasionally tried another similar but not quite at that level yet so the classes they have cut are the only ones I can still do. There is 1 class a week but for full membership it seems such a waste and I am going to join another which has daily classes. I don't mind giving the months notice its just the two months notice that is frustrating especially after having to pay upfront joining fees and another months membership elsewhere!

*shopaholic*

Just looked at the t&c's again and there's no mention of change of services

wealdroam

*Shopaholic* can you please post a link to the T&Cs?

If not, perhaps you can tell us the name of the gym?

Do they perhaps say something like "one clear calender month"?

As June had already started when you gave notice, July perhaps becomes the clear calender month.

Still a bit shoddy though... advising of the change after June had started.

*shopaholic*

It says under membership commitment that you must give one full months notice so could they argue it being calander month? I honestly dont mind paying that and the extra days to make up the full month it just seems mean! This is the link http://www.dwfitnessclubs.com/terms

wealdroam

*shopaholic* wrote: »

It says under membership commitment that you must give one full months notice so could they argue it being calander month? I honestly dont mind paying that and the extra days to make up the full month it just seems mean! This is the link http://www.dwfitnessclubs.com/terms

So when are they saying you have to pay up to?

They do say in their T&Cs...

One full months calendar notice is required; by definition one calendar months notice is a full direct debit.

When is your usual DD date?

*shopaholic*

Ah I was just looking at the one months notice. direct debit comes out the 1st of the month I think (will double check) so they will get the 2 months notice minus a day. Crafty! Thanks for your advice.

unholyangel

Personally I'd change my cancellation letter to something along the lines of "I only took out the membership for the one class and although I did try other classes occasionally, they were not suited for medical reasons. As you are now varying what is supplied which threatens the whole value of the contract for me, I feel it would be fair to cancel my membership effective immediately and without penalty. A contract can only be considered balanced if both parties are bound by the obligations they agreed to."

*shopaholic*

Thank you for that! I did say in my letter about how I only joined for those classes and because they changed it I felt like there was no longer anything they could offer me etc but I like the last part you said! I think I will ring head office tomorrow just to see what they say. It's a shame as I did really like the club until now!

unholyangel

*shopaholic* wrote: »

Thank you for that! I did say in my letter about how I only joined for those classes and because they changed it I felt like there was no longer anything they could offer me etc but I like the last part you said! I think I will ring head office tomorrow just to see what they say. It's a shame as I did really like the club until now!

The part you're referring to is covered by unfair contract terms.

Look under this part of the document:

Group 10: Supplier's right to vary terms generally – paragraph
1(j) of Schedule 2
Schedule 2, paragraph 1, states that terms may be unfair if
they have the object or effect of:
(j) enabling the seller or supplier to alter the terms of the contract
unilaterally without a valid reason which is specified in the
contract.

10.1 A right for one party to alter the terms of the contract after it has been
agreed, regardless of the consent of the other party, is under strong
suspicion of unfairness. A contract can be considered balanced only if both
parties are bound by their obligations as agreed.

10.2 If a term could be used to force the consumer to accept increased costs or
penalties, new requirements, or reduced benefits, it is likely to be
considered unfair whether or not it is meant to be used in that way. A
variation clause can upset the legal balance of the contract even though it
was intended solely to facilitate minor adjustments, if its wording means it
could be used to impose more substantial changes. This applies to terms
giving the supplier the right to make corrections to contracts at its
discretion and without liability.