Gym membership, rights with cancellation.

flowerpower12_2

Hi, I am a member of bannatynes gym, I took out an initial 6 month contract around 10-11 months ago, I was told at the time that if I wanted to cancel my membership I would need to give them 1 months notice. On the 4th of April I contacted my gym and spoke with a receptionist, I told her that I wished to cancel my membership as I was moving away from the area and asked her how to do this, she told me that she didn't deal with cancellations and didn't know the answer so I should call into the gym in person to speak with them, I couldn't get into the gym in person until the 10th of April, when I enquired again I was told to cancel via email and was given the general managers email address. I went straight home and emailed the general manager asking him to inform me how much my final payment will be. I received no response for 4 days so emailed again only to receive an automatic response saying he was out of the office for 2 weeks and to contact a sales manager instead. I forwarded on my original email from the 10th of April to the sales manager and informed her that I had given my 1 months notice from the 10th of April and asked her to inform me how much I would owe upto the 10th of May. I also made her aware of the fact that I had originally enquired how to cancel on the 4th of April and had I of been given the details correctly at the time of my enquiry then my cancellation date would of actually been the 4th of April. She responded a couple of days later saying that they would take my next payment on the 1st of May and I could use the gym facilities up until the end of May. I responded to her saying that because I am moving away I will not be in a position to use the gym facilities until the end of May and don't feel I should have to pay for them, I told her that I would be cancelling my direct debit and asked her how I could make payment for for outstanding amount for the 10 days of membership in May seeing as I gave them my 1 months written notice via email as they requested on the 10th of April. She responded again and told me when bannatynes changed the cancellation period down from 3 months, the new minimum cancellation period is one complete calendar month and that a part payment for May would only be accepted by Head Office if I were doing the 3 months notice.
Can anyone you tell me if this is right? Do I have the right to cancel my direct debit and just pay them the 10 days membership for May which I have worked out would be £13?

Any advice would be greatly appreciated, thanks

unholyangel

What does your contract state with regards to cancellaion?

flowerpower12_2

Unfortunately I don't have a contract, I took over my dads contract which is why I was able to have it over 6 months and he doesn't have a copy of this anymore

unholyangel

Did you formally take over his contract? Was it transferred to you and your details under arrangement with the gym?

wealdroam

Some gym contracts state that a full calender month must be given as notice.

For example, to terminate the arrangement on 30th April, notice must be given before 1st of April.
If you give notice on 4th April, some contracts state that termination will not happen until 31st May, and you must pay for service until then.

I have no idea what your contract says.
You need to read it.

flowerpower12_2

Yes it was formally transferred into my name with my details, I was also given a membership card and paid a £15 start up fee but I was never given a copy of my contract? I suppose that I will just have to pay to avoid any hassle from them, thanks for your responses.

unholyangel

Then ask them to provide a copy of the signed agreement where you agreed to be bound by their terms and conditions (in writing).

In law, each party can only be bound by the obligations they agreed to accept.