Anytime Fitness keeping £60, not yet used gym, request a refund - advice request

DontGiveUp2011

I signed up to a special offer for Anytime Fitness gym that was not yet open, on the basis that it would be open very soon. I was also told when I signed up (at a stand in tesco lol avoid like the plague!) that I could cancel at anytime, no problems. The reason I joined was for classes and the woman said 'if our classes aren't running at the times you need, then you can cancel no problems' etc. etc.

I commute into work and the week they opened I was very busy at work and unable to get back home & to the gym till after 8pm - when there staff were not there.
I was phoned to arrange my induction around the 20 April and again on 26th, that I couldn't attend, and so rang back to leave a message. I've been trying to rearrange a suitable time, but have actually discovered that this gym isn't going to work for me, and so contacted them about cancelling.

They took £30 for a key fob [I don't have the key fob]
I was annoyed that they took £29.95 on the 1st of May as a direct debit.

They have just emailed me to say that they won't be refunding any money but will stop all future direct debits.

Surely I would have got the £30 back when I returned the key fob - so for them to say they won't refund this, is unacceptable.

I have just spoken to their manager on the phone who sounded like he couldn't care less, and stuck to his guns of 'we've not done anything wrong, you won't get a refund' - which has obviously annoyed me - please can someone help me with this? Isn't there some consumer rights or something?

He was quite smug on the phone, and a company shouldn't be allowed to get away with this. I've basically given them £60 and have nothing at all in return except a big headache.

DontGiveUp2011

Further to this, I've just found this in my Terms & Conditions:

Termination:
8.4 Pre-Sale: in the event that this agreement was made during a specific pre-sales period and you became a founder member you may terminate this agreement by giving Anytime Fitness at least 1 calendar month's written notice within 14 days of the official opening date of the Club;

I signed up with them during a promotion before the club had opened.

brendon

Did you give 14 days notice of the official opening date? If so, escalate higher and mention this term. If still not luck, go down the small claims route.

hollydays

They say the £30 is a one- time key fob activation fee, so not for the key fob as such.I'm sure it must say this in your contract? I'm not saying it right, but it's their terms.

DontGiveUp2011

It doesn't mention what happens when you can't collect your key fob...

9. Key access cards:

9.1 A key access card shall be issued to you upon joining the Club and will be used exclusively by you to gain entry to the Club. Key access cards are not transferable and if you allow your card to be used by another person this is a serious breach of these Membership Terms and Conditions and will entitle Anytime Fitness to terminate this agreement immediately and without notice.
9.2 If your key access card is lost or stolen you must notify the Club immediately and we reserve the right to charge an administration fee for the provision of a replacement key access card.
9.3 Members who do not have their key access card will not be allowed into the Club during non-staffed hours, nor should they expect any other member to let them into the Club.
9.4 If you fail to pay your membership fees on the due dates for payment Anytime Fitness shall have the right to terminate this agreement by giving you written notice of its decision to terminate or at its discretion suspending your membership by deactivating your key access card until all overdue membership fees have been paid.

DontGiveUp2011

Just heard by email that they are going to refund!!! :j Such a relief - due to my persistence and quoting their 8.4 pre-sale clause.

I'm thinking of complaining to higher management of how I was treated - I realise the gym manager may have been following guidance from the company on how to deal with such matters, but if it had been handled differently, I wouldn't have felt the need to air this publicly.

I will definitely be more careful next time - and not take the word of their staff as true, that 'cancelling at anytime is ok'.

hollydays

Well done.those sales people are probably on commission.

DontGiveUp2011

Thanks! And I really appreciated you taking the time to reply too, it is so useful not feeling alone & confused.

hollydays

Don't ever feel that. You've clearly got spirit !