Sweat Union Gym Scam

KingKev

So I joined Sweat Union gym last August under their student offer for £149 until end of September 2018. Their student criteria clearly stated a Unidays ID or NUS card was required which wasn't an issue for me as a part-time student. I provided the specified documentation plus my student card as their anonymous membership email account was being persistent. Anyway all was accepted and I was a happy member of the gym until last week.

Last week restrictions were imposed on my account and I received a demand for my full time student identification in accordance with their new "gym rules". Needless to say I disputed this strongly and provided a documentation, including the old gym rules, clearly showing that at the time I joined their requirements were different. However the audacity of Sweat Union has been astonishing and they terminated my student account (due to finish in Sep 18) and put me on a short term deal expiring in March. A few emails later and a final response maintaining their stance was received.
I'm currently pondering how to best pursue this further without incurring any cost. A section 75 claim is possible as I paid using my credit card and I've initiated one with my credit card supplier but the timeline is 8 weeks.
Any other suggestions of how to pursue this or escalate it to the relevant authorities so that it can't continue to happen?

Les79

Well, looking at their CURRENT Ts and Cs:

website wrote:

All Student memberships expire on 30th September regardless of when they start.To validate a Student membership, you must be in full-time education and produce your University card from your campus valid until the end of your membership term. ( You cannot be full-time work to benefit from this rate) you join at this rate and cannot provide the above proof then you will be given a credit against the equivalent Flexi rate (a joining fee will also be charged).

As well as:

website wrote:

Members are deemed to have read and understood these club rules.

You agree to comply with the Rules of Membership, which are displayed prominently in the club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time.

I've had a look at their Ts and Cs from 2017 (from the Sheffield one) and it actually looks like the "full time student" aspect WAS NOT part of your original contract, so you didn't actually have to be a full time one to qualify!

Note that the CURRENT website says that they "may make reasonable changes to these Rules at any time" and this is what they seem to be arguing about the "full time student" aspect. I think that is wholly UNREASONABLE, because they accepted your custom based on your circumstances (assuming nothing has changed).

I think you've got a fairly strong case. I would consider pointing out the discrepancies between the Ts and Cs at the time of signup vs the new ones, and pointing out that they are breaching the contract as mutually agreed at the time. Then send a letter before action and take them to court.

May be worth speaking to CAB as well.


PS, the link to the 2017 Ts and Cs is below (I can't post full links):

https: //web.archive.org/web/20170620024642/http://sweatsheffield.com:80/rules

esuhl

Les79 wrote: »

Note that the CURRENT website says that they "may make reasonable changes to these Rules at any time"...

I'm pretty sure that would fall foul of the Unfair Terms in Consumer Contracts Regulation. Definitely worth a google:

https://www.google.co.uk/search?q=unfair+terms+in+consumer+contracts

If the gym won't restore your original membership and won't proportionally refund you, you can take them to court by following the process below. It's pretty straightforward, but you need to understand the law accurately and be sure you have made a valid claim.

https://www.gov.uk/make-money-claim-online