When is a 12 month contract not a 12 month contract?!

mowbray

I took out a '12 month contract ' with a gym on March 3 2020,  decided I want to switch gyms when they reopen.  I've been informed that I'd have to pay 8 more monthly payments because of the time its been closed 

Are 12 months contracts actually a calendar 12 months or can they be 12 payments over whatever period of time that is?

Apologies for the font  , don't know how to change it!

Aylesbury_Duck

We probably need to see the actual terms of the contract, but if it's a 12-month contract (i.e. a year) as opposed to a 12 months contract (i.e. 12 months of access to an open gym) then they can't prolong the contract to make up for the closed months.

What does the contract say?  Does the contract run from March 3 2020 to March 2 2021?  If so, you're free from the contract as of 6 days ago.

mowbray

These are the first 2 pages 

mowbray

And this is the rest

Thanks 

Aylesbury_Duck

I presume they didn't charge you anything in those eight closed months?  

On the face of it, it looks like a standard minimum 12-month membership, so my reading would be that you've been a member for the minimum period and have no obligation to them beyond the one month notice period you must give if you cancel.

mowbray

Yes that's right.  Ok thanks,  shall I write to them stating that I'm giving 30 days notice as I've passed the 12 month period?

davidmcn

mowbray said:

Yes that's right.  Ok thanks,  shall I write to them stating that I'm giving 30 days notice as I've passed the 12 month period?

Or just terminate in accordance with clause 9 (which we can't see) on the basis they're not providing any services?

mowbray

davidmcn said:

mowbray said:

Yes that's right.  Ok thanks,  shall I write to them stating that I'm giving 30 days notice as I've passed the 12 month period?

Or just terminate in accordance with clause 9 (which we can't see) on the basis they're not providing any services?

They are opening in a months time, but appear to have made a 12 month contract into a 20

Aylesbury_Duck

Just cancel your membership in writing, giving one month's notice (or no notice if, as davidmcn points out, clause 9 is applicable) and cancel the direct debit after that month (or immediately in the clause 9 case).  If they try and take further payments, you can bring your bank into play to recover the funds.

mowbray

Thanks,   the clause 9 just says that they prefer notification in writing 

unholyangel

Did you agree to an extension of the minimum membership period? If not, remind them that a contract cannot be unilaterally varied except by agreement.

However, I'm going to highlight that ashbourne management are the company that OFT took to the high court for unfair contract terms. OFT do not take action for minor infractions and they wouldn't have had to resort to court action if the company hadn't doubled down when they were already bust. In other words, they have the propensity to fight tooth & nail even when the law (and a regulator) are against them. 

But in the aim of testing their resolve in their position, as a starting point I'd look for any terms which allow them to extend the contract. It would likely be an unfair term anyway, unless they sought your agreement/gave you the opportunity to cancel free of charge before being affected. But if there was no such term, then it would make for an amusing conversation to enquire which contractual term they are seeking to rely on, when attempting to impose their unilateral and unfair variation of contract.