David Lloyd - Returning to the Gym?

happypeople

With the government announcement last week i have received an email saying David Lloyd will be reopening "with reduced capacity and better cleaning standards" 
I signed up to the gym to access all the facilities on offer and whilst DL are not in any way responsible for the pandemic and i sympathies with them that it has affected their profits..... I don't want to return when i cannot access what was available on joining the club more so when they cannot actually say if i can have access if it is busy. I contacted the membership services who have stated that i must pay 25% of my membership few to suspend my membership is this fair?
Firstly i think it should be free when they cannot offer the level of service (fundamental change) secondly it will give those that want to return better access.
Should i have to pay the 25% retention or are we in a place of a Frustrated contract?

bradders1983

Do you think you will have access issues anyway? Bear in mind a lot of people wont be going back any time soon anyway (for their own personal reasons) which is going to reduce membership a fair bit.

At least go in on re-opening day and see what the craic is first before you make a final decision.

happypeople

I intend to visit but they have put in a date before the opening that i need to notify of suspending my membership, their rules... why should i pay if i cannot access everything, some things are not available. Getting on equipment and classes being full was an issue before this so i think it is fair to assume it will after. That sad they struggled to get members to clean down equipment before so i don't see it getting better.

Jeremy535897

This thread is similar:
https://forums.moneysavingexpert.com/discussion/6167679/david-lloyd-s-membership-freeze-question#latest

happypeople

Its close but not the same, they are saying about extending membership past the contractual agreed date, which i get but also you haven't paid for xx months so you haven't met your contract in a way.
 What i am asking is should i pay for suspending my membership if the club are unable to provide a full range of services?

Jeremy535897

I don't think they can unilaterally impose an amendment to the contract in this way, as was highlighted in the other thread. But the first question is whether they can hold you to the original contract, which would mean paying 100% presumably. If they can, the 25% is effectively a proposed variation of the contract, which you can agree to (but you don't want to), or keep paying the 100% over the shorter period.

So it boils down to whether they are in breach of contract by failing to offer the full range of services. That will depend on the materiality of the reduction. If whatever you used to do at the gym can no longer be done, or can only be done for part of the time you would normally have done it, it may well be that you are entitled to walk away and pay nothing further.

Jonesy1977

They are not in breach of contract - your contract states.  "throughout the time an adult membership is suspended, we will charge you 25% of the relevant membership fee for each month suspended"  You can cancel (3 months notice) or you can suspend (25%) or you can use the club observing new social distancing rules which will inevitably mean you wont get the service in the same way as before.  It sounds like you want to pause your membership until you are ready/happy to return and without impact in any way on you or any financial penalty?  If everyone did this there would be no club to return to...............that is why you will be paying 25% to pause membership and it is why if you cancel you will have to give three months notice, however as you have not paid since March you will not be out of pocket.  

AlexMac

They suspended our membershop without cost as soon as they closed, and from my point of view, that was reasonable.  In the past, I've been less happy with some of their T&Cs (for example, limits on holiday supensions), but impressed by their generous discretion (e.g. a sickness suspension when I was unable to attend due to Chemo and radiotherapy).  So I guess you have to consider whether to accept their T&Cs or resign and go elsewhere? 

I think they're fair so I'm content for them to start making money again when they re-instate my Direct Debit next week.

As regards cheaper alternatives, you get what you pay for. I did go elsewhere briefly, to my local municipal Lido on a pay-as-you swim basis, a couple of times during my sickness supension when I felt well enough, but while their outdoor pool was as well-heated as my local DL outdoor pool, and much bigger (almost Olympic sized rather than DL's 25 metres), their unheated, poolside, stone-floored changing rooms and showers were so spartan in February that I was delighted to get back to DL's centrally heated luxury and only have to brave the 5m dash to the water; brr! 

unholyangel

What services/facilities arent going to be available and how does that compare to what's normally on offer?

You only mention reduced capacity in the email from them, ao it's unclear if there will be any change to the facilities available.

happypeople

Thanks all, reduced capacity, i have asked what this means but they are unable to tell me or not willing? They want to know if i want to suspend my membership at the 25% a month before the return date so i cannot go and look firstly so cannot base this on anything as they are not willing to tell me anything more than the high level statement on the website/email on what the new rules will mean within the club? You struggle to get on things before the outbreak. Any information anyone has would be good if anyone else has heard from DL?

unholyangel

happypeople said:

Thanks all, reduced capacity, i have asked what this means but they are unable to tell me or not willing? They want to know if i want to suspend my membership at the 25% a month before the return date so i cannot go and look firstly so cannot base this on anything as they are not willing to tell me anything more than the high level statement on the website/email on what the new rules will mean within the club? You struggle to get on things before the outbreak. Any information anyone has would be good if anyone else has heard from DL?

If they only said reduced capacity, it would suggested limited numbers allowed in, rather than suspending types of services. You could always say you'll trial it, but that if it's significantly different from what you agreed to pay for that you'll be terminating the contract and seeking a proportionate refund.