Private trainer - my rights?

londonae2

I signed up for a 16 session package with a trainer a month ago. The T&Cs are as below - very strict, with no rights afforded to the consumer. Probably quite unwise of me but she seemed like a good and knowledgeable trainer during the taster session. She cancelled twice in recent weeks, once because another person turned up in my place and she did not realise and so I was sent away, and another time with two hours notice because her puppy was sick. I didn't mind on either occasion and she was also very apologetic. Today, I had terrible insomnia throughout the night and was too unwell to train. I let her know and asked whether we could reschedule for tomorrow (I know that her schedule is wide open at the moment). She said that I'd have to forgo this session and book again, in a way that was quite inflexible. I suppose I'm wondering whether this is fair, and beyond that, whether the contract I agreed to implicitly when I purchased the package was legally sound? Perhaps it's naive of me but I was expecting a bit of a give and take especially during these difficult times and did not expect this double standard - is that silly? Thanks in advance for any advice.

"T&Cs: No refunds will be given under any circumstances. Booking your session: You are responsible for booking all sessions within your expiry date. Booked sessions cannot be rescheduled. If you cannot attend you must inform your trainer before the session. Do not attend if you are ill, have been in close proximity to someone with Covid symptoms/tested positive or if you are unable to train. If you feel unwell/injured during your session tell the trainer immediately. Any changes to your health or injury must be declared with 24hrs advance notice. Arrive in time for the start of your session; additional time will not be given. Time has been added to each package to allow for work/social commitments, sickness & holidays for both client & trainer. Photographs/video may be taken for training/assessment & promotional use & ownership retained by The Outdoor PT. Your package will be terminated if you display aggressive, abusive or anti-social behaviour."

londonae2

Sorry, I forgot to ask about the possibility of getting a refund according to the T&Cs above. Am I to understand that there is no recourse re this? 

KatrinaWaves

I would absolutely be saying to her ‘in light of the fact I turned up to my session to be turned away for someone who hadnt booked, and I was very understanding of the situation, I think it’s unfair to penalise me for this session’

Dont bring up the puppy unless she doubles down and then you have another thing to use. Honeslty she sounds absolutely scatter brained, why didn’t she know it was YOU she was waiting for, not the other client (or did she double boook) cos she should have sent away the non booked person. She may not even realise it’s you who she messed about recently and just reschedule. 

londonae2

Haha, I did that and she doubled down a lot and even implied that it was somehow my fault that I couldn't make myself available for immediately after my session that she had mistakenly given away to another person (who made a mistake and turned up at the wrong time). From her point of view, her cancellations are excusable and mine are to be penalised because she has to be 'fair' with all her clients. I now understand why the T&Cs were so strict. I'm now stuck with this package and plan on using it all up swiftly and get what I can from it. Can anyone think of a way of getting out of it, just because the relationship is now soured. 

Aylesbury_Duck

Have you paid for all sessions up front?  If so, it's a letter before action and small claims action if needed.  If you haven't, you could not pay for the remaining sessions and see if she takes you to court.  Either way, I suspect you're on strong ground. 

londonae2

It's all paid upfront but what would be my complaint or reasoning? It doesn't constitute a breach of contract, does it? Just someone who values her inconveniences (and want to monetise them) above that of her clients? It's an unfair situation but what are the legal grounds? 

bris

It's only fair if you allow it. If you agreed to re book then you are updating the contract.

If you book an agreed time again and she then comes up with an excuse then you can cancel for breach of contract but right now you are stuck with it unless she turns you away from a scheduled time again.

londonae2

Thanks, all super helpful. Does anyone know whether a complaint could be made on the basis of the T&Cs alone, given that it's entirely one-sided (there is no other contract beyond this)?

Aylesbury_Duck

Yes, you can complain, but you need to consider what outcome you want from this.  As you agreed to the first two changes, you can't go back and use them as cause for cancellation.  Your complaint would therefore be about third occasion and how she dealt with it.  She can't impose a "no refunds under any circumstances" clause.  It's up to you; as advised earlier, you've either got to continue as best you can until you've used up your sessions, or demand your money back on the basis of the third situation and her inflexibility.  

What's the value of the contract?

londonae2

Happy to report that she has agreed to the refund after I raised several other points as below:

• Failure to deliver scheduled prepaid sessions on two occasions (out of six used so far), therefore delaying my agreed two-session a week training arrangement. This is especially disruptive and untenable given the tight expiration timeframe of the package. Using 16 sessions over 10 weeks on a two-session a week basis becomes impossible with the cancellations and your Christmas time-off.
• Unable and unwilling to honour access to training in initially agreed location (also advertised on your websites) owing to your personal preference and you being unwilling to pay required licensing fees. 
  
• Your T&Cs can be considered 'unfair terms', especially with respect to unbalanced rights.
• Your claim that the following are additional items that exist only behind a paywall when they are listed as part of your Level 1 package on your website.

Thanks to all those who advised above and I wanted to include this in case it helps someone else.

KatrinaWaves

londonae2 said:

Happy to report that she has agreed to the refund after I raised several other points as below:

• Failure to deliver scheduled prepaid sessions on two occasions (out of six used so far), therefore delaying my agreed two-session a week training arrangement. This is especially disruptive and untenable given the tight expiration timeframe of the package. Using 16 sessions over 10 weeks on a two-session a week basis becomes impossible with the cancellations and your Christmas time-off.
• Unable and unwilling to honour access to training in initially agreed location (also advertised on your websites) owing to your personal preference and you being unwilling to pay required licensing fees. 
  
• Your T&Cs can be considered 'unfair terms', especially with respect to unbalanced rights.
• Your claim that the following are additional items that exist only behind a paywall when they are listed as part of your Level 1 package on your website.

Thanks to all those who advised above and I wanted to include this in case it helps someone else.

Good. I am glad you got that sorted!