Gym membership

Busby5

Hi, hoping somebody can please give me some advice.

On the 1st Nov I joined a fitness studio. There was no contract but said a monthly rolling fee. At the beginning of this month I decided it wasn't for me and noticed that December's payment was due out. I had no time to cancel the bank so emailed the studio to see if they would refund me as I wasn't going to be attending any classes in December.

They basically told me that it is non refundable and I will be charged I'm there or not.

Does this sound right? Am I entitled to a refund if I don't attend the classes. As I said before there is no contract.

Thanks in advance

[Deleted User]

No. .

Busby5

No to which? Sorry missed ? Off second question.

unholyangel

What exactly was discussed/were you told at the time of entering into the contract?

I know you said theres no contract but there is - just not in writing. So we need to determine what the terms of that contract are to know whether you should be paying decembers fees or not.

daytona0

Busby5 wrote: »

I had no time to cancel the bank so emailed the studio to see if they would refund me as I wasn't going to be attending any classes in December.

The only reason I can see that you'd have "no time to cancel the bank" is if either:

1. It is a weekend (and even then you can sometimes still ring them up between 9-5 depending on your bank!)

2. You only tried late in the afternoon/evening when an online cancellation was not possible (but you can still usually call up)

In both those scenarios an email to the studio would NOT have resulted in cancellation being effected PRIOR to the monies being taken, quite simply because they would not have [been expected to] read your email in time!

Ergo, payment was successful and a membership has been extended by one month.

I believe, though another user will correct me if wrong, that you have no right to cancel a membership extension if it is fair and part of the contract you agreed to.

As I said before there is no contract.

Umm, there IS a contract! You agree pay X amount and you receive Y services. What is that if not a contract? They agreed to let you use their services in exchange for money. What else were you paying them for??

The gym will have terms and conditions on a durable medium. They may also have signature proof that you have agreed to this, though it is not strictly necessary to have such proof (a contract can exist verbally as well; your first payment is clear evidence that you intended to create legal relations with the gym).

bris

You missed the deadline to cancel December. Make sure you cancel now so you don't pay for January.


Monthly rolling means from the first to the end of that month. You can't cancel that month when it's already started whether you attend or not.

Manxman_in_exile

Are you absolutely sure the website says "NO CONTRACT"? Does it say anywhere on the site what they mean by the word "contract" (like eg 12 months contract)? Did it also say "GUARENTEED" on the website? Seems unlikely.


If there was no contract how would you be able to use their facilities?


If you don't want to spend the money do what the T&Cs say to terminate your membership NOW before you waste more money.

steampowered

For a monthly rolling contract, you would usually still have to give a bit of notice to cancel membership. There should be a set of T&Cs telling you how much notice you need to give. It would usually be 14 days or 28 days.

macman

As above, you would typically be required to give 30 days notice on a monthly contract.
Whoever wrote the website terms is clueless, as 'monthly rolling' can only mean 'monthly rolling contract'. You can't precede that with 'no contract!

C_Mababejive

Initially i think that as December has now started, you sould pay them and they have taken payment. Did you sign anything? I guess you must have done as they are debiting your account? If so, do have a good read of the documents.

Busby5

Hi, no I haven't signed any documents, the above is the only thing it says when you sign up.