DW Fitness Extend minimum Term because of Covid

Sean_7326

Hi,

I'm wondering if there's anything I can do in this case.

I joined the gym last August on a 12 month minimum term. The gym obviously closed during Covid & I did not get charged for 4 months.

However this week I went to cancel my membership (giving 1 months notice so that it ended at the end of my minimum Term).

I've been told that my minimum term now brings me to December, and I will get a hefty cancellation fee if I cancel (plus have to buy out rest of the contract).

I contacted the local gym and after being told on the phone Friday they thought it was a mistake and I should be able to cancel with a small cancellation fee.

They followed up today saying sorry the best they could do is just process payments until end of minimum period.

A few points to note:

I was never contacted when the gym closed and froze my membership.

I never consented to any extension of minimum term.

Can they extend my minimum term? I know Covid has caused alot of unprecedented issues, but I couldn't see anything in the Terms & conditions to allow them to extend my minimum mebership period.

Do I have any grounds for pushing for cancellation in August (end of August given 1 months notice) or do I have no choice but to pay until December?

DoaM

You contracted to pay £X per month for 12 months. You paid in:

1. Aug 19
2. Sep 19
3. Oct 19
4. Nov 19
5. Dec 19
6. Jan 20
7. Feb 20
8. Mar 20

You should have paid in (my guess):
9. Apr 20
10. May 20
11. Jun 20
12. Jul 20

But you didn't as the gym was closed and memberships were frozen. (You say yourself that no payments were taken for those months). Therefore extending the minimum contract term to account for the missing months seems reasonable. If they say the last month is December 20 then this would assume the gym reopens in September ... when is it actually reopening?

Sean_7326

Thanks for the response DoaM.

Based in Northern Ireland, so gym has reopened about a week now.

Extending a minimum contract term, although reasonable, without contact does feel questionable.

I took out a membership with a defined start & end date, and had planned on ceasing membership at end of the term.

Looks like there may be a miscalculation on their part at least on new end date, the local gym stated a lower figure than the online cancellation form, so that may explain that.

Aylesbury_Duck

Presumably you wouldn't have been happy if they hadn't extended the contract but had still charged you for four months?  As I see it, time effectively stopped for four months and re-started.  I think there are two potential outcomes.  1. They do as they're doing, or 2. They allow you to leave with one month's notice but charge you for April to July.  Either way you're paying the same but the way they're doing it you get to use the facility for 12 months as opposed to eight.

es5595

It’s amazing how some people still can’t grasp consumer law!

They cancelled your membership payments as they were in breach of contract. The fact it was beyond their control just means they aren't liable for additional losses - it doesn't mean they can charge you for services they never provided. 

Additionally, they cannot change the contract off their own backs. They can offer to, and some people may wish it to be extended, but you obviously don’t. 

I’d recommend a short response “thanks for the offer to extend the contract until December, but I will have to exercise my consumer rights and decline. I can confirm my original cancellation still stands, bringing the contract to end on XX date, Kind Regards etc”. 

Then cancel the direct debit and leave the ball in their court. You might get some snotty letters, but they simply cannot change a contract to benefit themselves. If they wish to vary it, all parties would need to agree. 

es5595

There’s more info on these threads;
https://forums.moneysavingexpert.com/discussion/comment/77410245

and

https://forums.moneysavingexpert.com/discussion/6167679/david-lloyd-s-membership-freeze-question/p1

unholyangel

No they can't extend the minimum contract length. The fact you didn't pay for the missed months is because they were unable to provide the service you paid for during those months (ie were in breach of contract - even if it was for circumstances beyond their control). 

Them not being able to provide the service in those months means they lose the right to charge for those months - not that they can breach the contract with impunity while unilaterally varying it to increase the minimum term you agreed to. 

Sean_7326

es5595 said:

It’s amazing how some people still can’t grasp consumer law!

They cancelled your membership payments as they were in breach of contract. The fact it was beyond their control just means they aren't liable for additional losses - it doesn't mean they can charge you for services they never provided. 

Additionally, they cannot change the contract off their own backs. They can offer to, and some people may wish it to be extended, but you obviously don’t. 

I’d recommend a short response “thanks for the offer to extend the contract until December, but I will have to exercise my consumer rights and decline. I can confirm my original cancellation still stands, bringing the contract to end on XX date, Kind Regards etc”. 

Then cancel the direct debit and leave the ball in their court. You might get some snotty letters, but they simply cannot change a contract to benefit themselves. If they wish to vary it, all parties would need to agree. 

If I notify of a cancellation now though, am I not at risk of them charging  the remainder of the contract?

Which leaves me in the predicament of not being able to give 1 months notice?

I'm guessing to be completly in the clear as my contract started on 8th August, I'd need to notify now & allow next months payment to be taken, but if I notify of cancellation now I am likely to be charged the remainder of the contract?

Has anyone had any experience of notifying, and not being charged?

(currently going trhough the other threads)

DoaM

es5595 said:

It’s amazing how some people still can’t grasp consumer law!

They cancelled your membership payments as they were in breach of contract. The fact it was beyond their control just means they aren't liable for additional losses - it doesn't mean they can charge you for services they never provided. 

Additionally, they cannot change the contract off their own backs. They can offer to, and some people may wish it to be extended, but you obviously don’t. 

I’d recommend a short response “thanks for the offer to extend the contract until December, but I will have to exercise my consumer rights and decline. I can confirm my original cancellation still stands, bringing the contract to end on XX date, Kind Regards etc”. 

Then cancel the direct debit and leave the ball in their court. You might get some snotty letters, but they simply cannot change a contract to benefit themselves. If they wish to vary it, all parties would need to agree. 

If you'd posted without the first line you wouldn't come across as a condescending git. Devil Woman managed to to correct previous misadvice without having an attitude ..... 🙄

Wanderingpomm

If the contract says 12 months then they cannot extend it.
i assume there is no clause in the contract which states 12 paid months?