Gym Membership contracts

jbc123

signed up for a membership with Bannatyne back in June of last year (2019). Contracts are 12 months long but with covid-19 they automatically froze memberships at the start of lockdown and have extended this now by another 3/4months. I Wasn't planning on ever doing it longer than the 12 months. I want to cancel as i no longer wish to be paying out for a gym membership due to not being able to afford this now and the fact i would not feel comfortable going back. I am now being told i can't cancel and have to pay the full term still even though i will not be going back. Do i have any leg to stand on here or do i have to bite the bullet and pay? any help will be appreciated here... thanks!

[Deleted User]

Have a look at their terms - it deals with your situation there.

https://www.bannatyne.co.uk/health-club-faq

downshifted

I’m in the same position. My gripe is that I joined for aqua aerobic classes, my record shows that’s what I’ve mainly done, and these are now unavailable. They may start in September, they may not, and in any case I’m not sure I will feel safe. They’re no longer offering what I joined for.

tripled

Deleted_User said:

Have a look at their terms - it deals with your situation there.

https://www.bannatyne.co.uk/health-club-faq

Their FAQ isn't relevant -  the contract is. What does it say about temporary gym or facilities closures?

[Deleted User]

I have no idea because I wasn't with the OP when he joined, so don't know what his terms at the time were. 

But given that only he has that information and was looking for another leg on which to stand, the FAQs deal with how they may be lenient in the event of financial difficulty.

peadar

You could provide evidence of your changed financial circumstances. 
But whatever you do, don't overlook the fact that they will automatically renew your membership after the 12 month period!
So whatever happens about the remaining 3 or 4 months, be sure to also give clear written notice at least one month before the 12 month membership period ends. You might reasonably assume they 'know' you don't want to renew, but gyms are pretty ruthless.
From their 12 month contract: "After the initial period of 12 months and on each anniversary of joining thereafter, the membership shall automatically renew further periods of 12 months unless and until terminated by the Member giving one complete calendar month’s written notice to terminate the membership, which shall only be effective from the first day of the following month".

Manxman_in_exile

I'm probably missing something obvious here (apologies if I am  ) but if I've signed up for a 12 months membership wef 01 January 2020, why aren't the gym simply in breach of contract if they're closed for four months (or whatever) because of Covid?  I may not be intererested in having my membership "extended" for four months after shutdown is lifted because I specifically joined for the period 01/01/20 to 31/12/20, so I will want a refund for the period that the gym's facilities are unavailable to me.  If the extension suits me, fine, but if it doesn't and I'm not able to use that extension (for whatever reason), then why is that not a breach of contract by the gym?

(Just to add - I'm coming to this from the general approach on the Consumer Rights board which seems to be that for virtually everything cancelled because of Covid the supplier is in breach and the consumer is entitled to a refund.  Please note: I don't necessarily think that that view is a sensible one, or that it is necessarily in the long-term best interests of consumers - I can see lots of small and medium sized "suppliers" going out of business and consumer choice being reduced through this Covid debacle).

Emma41

I started to go to the gym and after that, they closed it again, it is incredible what is doing with us this virus...