Gym cancellation terms

Royalfortune

Hi

Would the following be considered 'unfair terms'?

My gym has a 30 day cancellation period on a rolling contract.

The below isn't really relevant but it explains the reason for the dates
(I mistakenly believed my 30 days began on the 3rd of June as that's when my DD came out.
However my DD was due to come on the 1st but it was a weekend which pushed it to the 3rd.)

The gym admin has stated (after processing my leavers request) that as per the T&Cs(which are very basic) my final payment will be the 1st of July- even though I will have no access to the gym from the 3rd of July.

I would dispute that I should be paying for a full months membership of which I will have no access and not be a member. The most I should be paying for is 3 days membership.

The value is not insignificant either, to the point that I would rather reinstate my membership and re-cancel the 1st of July rather than be charged for service which is not being provided.

Caz3121

Royalfortune wrote: »

my final payment will be the 1st of July- even though I will have no access to the gym from the 3rd of July.

have they said what the final payment will be?
prorata from the 1st to the 3rd? so payment for 2 days?

Aylesbury_Duck

Royalfortune wrote: »

Hi

Would the following be considered 'unfair terms'?

My gym has a 30 day cancellation period on a rolling contract.

The below isn't really relevant but it explains the reason for the dates
(I mistakenly believed my 30 days began on the 3rd of June as that's when my DD came out.
However my DD was due to come on the 1st but it was a weekend which pushed it to the 3rd.)

The gym admin has stated (after processing my leavers request) that as per the T&Cs(which are very basic) my final payment will be the 1st of July- even though I will have no access to the gym from the 3rd of July.

I would dispute that I should be paying for a full months membership of which I will have no access and not be a member. The most I should be paying for is 3 days membership.

The value is not insignificant either, to the point that I would rather reinstate my membership and re-cancel the 1st of July rather than be charged for service which is not being provided.

It sounds like you are paying a month in arrears. Your 1st June (moved to 3rd June) was for May. You've cancelled, giving 30 days' notice, which presumably takes you up to the 3rd July and your final payment on 1st July is for June's membership. So viewing it that way, you're getting two days' membership for nothing, aren't you?

Am I right? You may have to dig out your contract to see exactly when it started and whether payments were up front or in arrears.

DoaM

I'd be surprised if gym membership was in arrears, but it's a valid point for the OP to check.

If payment is in advance though then OP would be eligible to use the facilities until the end of July ... unless the payment in July is pro-rated for only 2-3 days as mentioned above.

Royalfortune

Thanks for the replies.

The payment is in advance , not arrears.

They made it clear in their email that I will no longer be a member from 3rd of July and that a full payment is due on the 1st of July as the payment is within 30 days notice.

I believe I should only be due to pay 3 days membership at most.

Charging me in full for a service they will not be providing is surely not acceptable?

Aylesbury_Duck

Royalfortune wrote: »

Thanks for the replies.

The payment is in advance , not arrears.

They made it clear in their email that I will no longer be a member from 3rd of July and that a full payment is due on the 1st of July as the payment is within 30 days notice.

I believe I should only be due to pay 3 days membership at most.

Charging me in full for a service they will not be providing is surely not acceptable?

I guess it depends on what you signed up to, but I agree it sounds unfair. If the contract says that you are liable for any payments falling within the 30 day notice period then they are adhering to that. Worth challenging I think.

Royalfortune

It states on their website the below,

Which was not discussed with me when I joined and the only information i can find on it is from a rep from the gym just saying "we need a months notice to cancel."

"Note that if you have a scheduled payment within this period, the payment will be processed as scheduled. All payments are non-refundable."

Aylesbury_Duck

Royalfortune wrote: »

It states on their website the below,

Which was not discussed with me when I joined and the only information i can find on it is from a rep from the gym just saying "we need a months notice to cancel."

"Note that if you have a scheduled payment within this period, the payment will be processed as scheduled. All payments are non-refundable."

So they are adhering to the contract. It's up to you whether to challenge it or not. Have you got a copy of the contract you signed?

DoaM

If they are expecting you to pay for a service up to a date, but are not then providing that service up to that date, then the contract is inherently unfair (imbalanced in their favour). You could easily challenge this under unfair contract terms regulations (wherever they are currently found - used to be the UTCCRs).

unholyangel

Royalfortune wrote: »

Thanks for the replies.

The payment is in advance , not arrears.

They made it clear in their email that I will no longer be a member from 3rd of July and that a full payment is due on the 1st of July as the payment is within 30 days notice.

I believe I should only be due to pay 3 days membership at most.

Charging me in full for a service they will not be providing is surely not acceptable?

You cannot be bound by terms you didn't have the chance to become acquainted with before being bound by the contract so what were you given/told before entering? Whats more, they are required by law to provide certain information to you (even when entered into face to face) and part of that information is (for contracts that automatically extend) the conditions for cancelling.

In the circumstances, I think I'd be tempted to cancel the DD and stop using the gym at the end of the month (or whenever the period you've already paid for runs out). Usually not advisable because credit agreements can often be involved but on a 30 day rolling contract you're paying in advance, no credit is involved.

Royalfortune

Thanks everyone for the advice- ill let you know how i get on