Dreaded David Lloyd - 12 month Contract Extension

lucybox

tehone said:

You could argue that when you joined in say in September 2019, you therefore knew that the end of my contract was going to be August 2020, and this worked fine etc, as you were going to move in September 2020 to France/somewhere without a David Lloyd club, thus fitting in with your plans.

I don't agree whereby the club has suspended its services that it can force you past the length of the initial term, and hold you to a minimum length of of contract, regardless of when the end date might end up to be

This is 100% my point, thanks so much. Nice to know I'm not totally alone in feeling it's unfair!
We were happy to be members up to and including August 2020, and that's the case now. If the gym were open we would be paying and attending. If it reopens before August, we will pay. It's the post initial term extension that I am unhappy about.

[Deleted User]

Do update the thread as to the result of your endeavours...

lucybox

I will do!

Jumblebumble

Moneyineptitude said:

lucybox said:I am measuring my membership in 12 calendar months,

Y

Incidentally it's not twelve calendar months you are legally contracted to   but to twelve months worth of membership fees just as you mention.  

The OP may be contracted to 12 Months Membership fees but this is only relevant  if the club is open or DLG cannot find them alternative facilities as per DLG T and C   19g  and seems to give the OP a nice letout if the conditions are still the same as  December  2018
https://www.davidlloyd.co.uk/-/media/db83fec2936e4f129549618b4af69cfd.ashx
If your club is closed for more than seven days in a row and we do not provide another facility (this may be a facility with fewer services or a temporary facility) at your club or somewhere up to 10 miles from your club, we will refund a percentage of your membership fees which relate to the period that your club is closed, but not including the first seven days

mattyprice4004

So for financial reasons, you don't want to be members for more than 12 months - but given they're not taking payments, if they tag on the closed months to the end you will only be paid-up members for 12 months.

Where's the problem? The world has basically been paused for a few months, so it's only fair they expect you to be a paid member for 12 months. 

lucybox

mattyprice4004 said:

So for financial reasons, you don't want to be members for more than 12 months - but given they're not taking payments, if they tag on the closed months to the end you will only be paid-up members for 12 months.

Where's the problem? The world has basically been paused for a few months, so it's only fair they expect you to be a paid member for 12 months. 

Hi Matty. I could have worded  my post better, sorry. We didn't want to be members post August 2020 as we are facing a significant shift in our money situation, even moreso given what's happened to our budget during COVID. I understand we can actually remove ourselves from our contract due to redundancy/house move (both of which are now on the card, sadly) but was hoping to resolve this quickly and easily so I could focus on other significant things we are facing. 

lucybox

I have managed to fight my corner and my contract will now no longer be extended for the period the club was closed! It's such a huge relief, and just a shame it had to take so long and be so stressful, but it's resolved now. Have to pay for August and won't be using the club as I really don't feel it's safe, but that's a cost I will have to write off. Seems very unfair they are making members pay pro rata for 7 days opening in July when no refund was given for 11 days closed in March (just the offer of some useless PT vouchers or guest passes). So happy to be almost free of this horrible company! 

tehone

Thanks for reporting back your success. Good that you kept fighting.

Ron_Weasley

The David Lloyd contract requires a new member under their Annual Membership to be member for a minimum term of 12 months. It says "there is an initial PERIOD of at least 12 months". "This means you cannot end your membership earlier than the end of the 12 month period".

It is entirely clear that this does not mean 17 months - or however long they deem - simply because they have been shut for a while. The obligation is clearly for 1 year of membership (plus the appropriate cancellation notice period which is either 1 month or 3 months depending upon the circumstances).  Good luck to them trying to argue otherwise!

The fact that David Lloyd had to close was unfortunate for them, but they unilaterally chose to close the club and suspend memberships and they did not gain the consent of their members for any contractual deviation to allow for an extension beyond 12 months.  They are trying it on in suggesting someone's membership obligations should extend for longer.

The only slightly grey area is that they also say "it also means you are committed to paying us 12 months fees". This is ambiguous. Someone who has paid all the fees due over a 12 month period, one might argue, has paid them 12 months fees, even if the fee was zero in some of those months.  It seems pretty plain to me that the intention of these clauses was to ensure that people did not seek to terminate early and if they did that David Llloyd could try to recover 12 months fees. Not that they could try to extend peoples' memberships beyond 1 year without their consent.

I find myself in the similar position to the OP and have decided that if David Llloyd insist on trying to get me to pay for facilities I have not used since March, then I will suggest they take me to court and we can let the magistrates decide whether I am right or they are. If this results in me losing and having to pay legal costs, then so be it.  I am not going to be bullied over this.

Were_Doomed

It won't be a magistrate that rules on this ... county court claims are civil not criminal.

Otherwise ... good luck.