Treating members differently?

bizzy_d

Okay so the gym I use has had many problems with equipment not being available, for this reason some people have complained and been given 2 months membership extension as compensation, others 3 months extension. When I emailed asking for an extension I got no reply so went in person to speak to membership, told them I knew other people had been given extensions and I would like one as compensation for the sub-par gym. I was refused this without any explanation as to why.

So my question is can gyms or companies in general hand out vastly differing compensations to their members. Is there a particular piece of consumer law that protects/ supports me?

Thanks for reading

mattyprice4004

Not as far as I'm aware.

dreamypuma

bizzy_d wrote: »

Okay so the gym I use has had many problems with equipment not being available, for this reason some people have complained and been given 2 months membership extension as compensation, others 3 months extension. When I emailed asking for an extension I got no reply so went in person to speak to membership, told them I knew other people had been given extensions and I would like one as compensation for the sub-par gym. I was refused this without any explanation as to why.

So my question is can gyms or companies in general hand out vastly differing compensations to their members. Is there a particular piece of consumer law that protects/ supports me?

Thanks for reading

At a guess what they are offering others is "goodwill" not "compensation"

A request for goodwill is at their discretion, and will depend on your approach. I suspect anyone demanding compensation is going to rub the management the wrong way.

bizzy_d

thanks for the replys

I was thinking It would be compensation as when I signed up the gym was in almost full working order then all of a sudden 3/4 of the machines (not exaggerating) were taken out, so basically I had paid for equipment that was not supplied for 5 months. But I dunno, thats why I came on here.

dreamypuma

bizzy_d wrote: »

thanks for the replys

I was thinking It would be compensation as when I signed up the gym was in almost full working order then all of a sudden 3/4 of the machines (not exaggerating) were taken out, so basically I had paid for equipment that was not supplied for 5 months. But I dunno, thats why I came on here.

You may be entitled to compensation, but an offer of compensation is often seen as a admission of liability. Good will doesn't set presidence, hence why it's more palatable.

vaio

bizzy_d wrote: »

thanks for the replys

I was thinking It would be compensation as when I signed up the gym was in almost full working order then all of a sudden 3/4 of the machines (not exaggerating) were taken out, so basically I had paid for equipment that was not supplied for 5 months. But I dunno, thats why I came on here.

So logically the minimum you should be entitled to is a refund of 75% of your fee for 5 months.

The other thing to consider is would you have joined at all had you know what equipment they were going to provide? Have you been using the gym as normal?

[Deleted User]

bizzy_d wrote: »

went in person to speak to membership, told them I knew other people had been given extensions and I would like one as compensation for the sub-par gym. I was refused this without any explanation as to why.

Perhaps you need to put a formal complaint in writing to management (or head office)? No point in mentioning that others have had extensions, though, just make the point that the gym has been lacking in equipment for months and your subscription has not reflected that.

unholyangel

bizzy_d wrote: »

thanks for the replys

I was thinking It would be compensation as when I signed up the gym was in almost full working order then all of a sudden 3/4 of the machines (not exaggerating) were taken out, so basically I had paid for equipment that was not supplied for 5 months. But I dunno, thats why I came on here.

Effectively you need to write to them stating that they are in breach of contract and have been for 5 months and that realistically, they cannot hold you to your contractual obligations if they do not intend to honour their own contractual obligations.

If you need help drafting a letter just say and either myself or another member will help you out with relevant legislation etc (always best if you learn it rather than just repeat it though - so try googling "unfair contract terms guidance OFT" and reading that document).

bizzy_d

vaio wrote: »

So logically the minimum you should be entitled to is a refund of 75% of your fee for 5 months.

The other thing to consider is would you have joined at all had you know what equipment they were going to provide? Have you been using the gym as normal?

This is what I thought too (that I should have a large refund of 75%) but being british I don't like to complain (I know not good for consumer action) so though I'd settle for something (2-3 months extension) rather than nothing.

No If I had know gym would be like this I would have certainly NOT joined. When I signed up they has 3 leg presses, 1 squat rack and a smith machine, none of these were left when they took away equipment.... goodbye leg workouts. I have used the gym as often as before but had to do other things while there. Additionally I did but some home gym equipment because of the stuff they didn't have there but previously did, that cost me £99.

bizzy_d

unholyangel wrote: »

If you need help drafting a letter just say and either myself or another member will help you out with relevant legislation etc (always best if you learn it rather than just repeat it though - so try googling "unfair contract terms guidance OFT" and reading that document).

Thanks

I did have a look at the OFT unfair gym terms a while back in regards to changing service/ facilities on offer or unsatisfactory service. But the pdf you suggested is much better