Leisure Membership

LUSK

My husband and I purchased a years membership to a health club for the sole reason for using the spa to ease our joints. This was paid on credit card and we generally only go once per week. This spa has been out of action on a few occasions now and on the last occasion, i asked or our membership to be extended by the period of downtime but this has been refused.

What is the position here, can this be refused?

marliepanda

This is probably a tricky one. I'm assuming the centre has lots of other things as well as the spa (gym, courts, pool, sauna) that you can also use and that your membership isn't purely for the spa (regardless of your personal useage)

How long has the spa been out of action specifically?

LUSK

Yes, that is correct there are other attractions like pool etc.

The spa has been out of action for a few weeks.

marliepanda

LUSK wrote: »

Yes, that is correct there are other attractions like pool etc.

The spa has been out of action for a few weeks.

Again, can you be more specific than 'a few weeks'? And why is it out of action, improvements, broken, flooded, fire?

In all honesty they'd probably argue that you have a leisure club membership, not a spa membership, and that you still have full access to all the other activities so say its been out of action for a month they may give you an extra week, ish? But that could depend on why exactly its out of action and why its taken 'a few weeks' to sort.

LUSK

Suppose it has been three weeks now as it is broken. There are always several issues there which you can accept but the dilitary nature of the management means things don't get repaired immediately and just left until people start getting cross.

bris

If you only go for the spa and it's not available then if it happens often enough you would possibly have a claim for loss of enjoyment. You pay for it and it's not there to use.


If you really wanted to take it further then no doubt a court would consider it carefully as it is technically a breach on their part if they advertise a spa and don't provide one.

unholyangel

OP have a read of this:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284453/oft373.pdf

Specifically pages 8 and 25.

LUSK

unholyangel wrote: »

OP have a read of this:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284453/oft373.pdf

Specifically pages 8 and 25.

Thank you very much for this. What do you make of it? (There is no page 25)

wealdroam

LUSK wrote: »

There is no page 25

Yes there is. It is a thirty-one page document.

Hint: It's on page 15 of that pdf.

LUSK

wealdroam wrote: »

Yes there is. It is a thirty-one page document.

Hint: It's on page 15 of that pdf.

Ha, thanks!

What do you make of it?

unholyangel

LUSK wrote: »

Thank you very much for this. What do you make of it? (There is no page 25)

Each pdf page is 2 pages - with corresponding page numbers in the top right and left corners

The sections I've mentioned as specifically relevant to you are due to the following examples of unfair terms in gym contracts:

4. ‘The company will use its best endeavours to ensure that all equipment & machines
are maintained in full working order but the company shall be under no liability to
the member in respect of any failure or breakdown of any equipment, machinery or
service & such failure or breakdown shall not relieve the member of the obligation
to fulfil the payment terms as agreed above’.

5. ‘The Company will use its best endeavours to ensure that all equipment and
machinery is maintained in full working order but the company shall be under no
liability to the Member in respect of any failure or breakdown of any equipment or
machinery and such failure or breakdown shall not relieve the member of the
obligation to make payments in clause 2 hereof. The company will have no liability
for any injury or illness caused to the member whilst using the equipment or
attending any premises owned or used by the Company’

Original term
‘The company will use its best endeavours to ensure that all equipment and
machinery is maintained in full working order but the company shall be under no
liability to the member in respect of any failure or breakdown of any equipment or
machinery and such failure or breakdown shall not relieve the member of the
obligation to make payments in clause 2 hereof’.

All 3 are examples of unfair exclusion and limitation clauses. A contract has to be equally binding on both parties. That means if you're bound by your obligation to pay, they're bound by theirs to supply the services as agreed.

If they don't, you have a claim for damages and may even have grounds for repudiation (cancelling).