Cancellation of Gym Membership

Winchester2

Hi there,

I'm a member at David Lloyd and I'm attempting to cancel my membership with some difficulty.

Context:

I joined on 3rd October 2021 on an initial 3 month membership (paying monthly). I cancelled this membership on 27th November 2021 which David Lloyd accepted and informed me that they had 'processed the cancellation from 1/1/22'. I then moved to a 12 month David Lloyd membership commencing on 1st January 2022 (paying annually). I did not receive/sign any new documents, only an email to advise the outstanding amount on the invoice. The new membership was all done via phone, but there is a single email where David Lloyd state they want to discuss options to 'changing your package', dated after the confirmation of cancellation. I then notified David Lloyd on the 16th November 2022 of my intention to cancel at the end of the term.

Status:

David Lloyd state that the contract requires 3 months of notice and therefore I must pay an additional 2 months of membership fees. They state that the 'initial term' of my contract is from 3rd October 2021 to 2nd October 2022.

The contract states:

The ‘initial period’ is the full 12-calendar month period from the 1st of the month after the date you made your membership application, together with the part of a month as mentioned in A5d ‘Starting your membership’.

It isn't clear to me whether my failure to sign any new documentation constitutes a continuation of the contract when I moved from a 3-month Standard Membership to an Annual Standard Membership. The A5d clause doesn't really have anything of note in it either way. My position is that I cancelled my membership and then commenced a new agreement from the 1st of January, which would mean the initial period moves - David Lloyd's position is obviously that it is a continuation of the same membership. If so, would that mean that the notice originally provided in 2021 remains valid?

The contract states that, within the 'initial period', you can cancel with 1 month notice. However, out-with the 'initial period', you must give 3 months notice.

Does anyone know where I stand? David Lloyd are refusing to back down and stating that if I fail to pay the additional monthly amounts, they will transfer it to a debt enforcement agency, which is causing me a bit of concern.

One other thing I was unsure on:

The contract states: We will contact you in writing at an appropriate time towards the end of your initial period to remind you of this.

I did not receive any notification or contact from David Lloyd (either mail, email or app notification) that my initial period was ending in October. Would this constitute a breach of the contract by David Lloyd? If so, would I be able to claim that the contract is therefore voided? Would the onus be on David Lloyd to prove that such notice had been provided? I assume if I am claiming this that I should stop using the David Lloyd gyms now, rather than at the end of my contract?

Thanks for any help!

SuzeQStan

Similar story here but years ago - joined Bannat@nes - a friend who joined with me diagnosed with serious health issue & sent consultants letter to gym HO. Friend was threatened with bailiffs despite having been assured it wouldn’t be a problem as per the terms of  contract. Friend has to go court to make this go away. 

Don’t let that scare you - if it’s a genuine reason they should have a procedure for letting you break contract.

otherwise I would learn the lesson and next time set a warning in your phone for any contract that requires cancellation by a certain date. 

DullGreyGuy

A breach of a contract doesn't void the contract, unless the contract explicitly states that - nor does it either cancel it nor allow a cancellation. Typically a breach of contract leads to a claim for damages which is the direct financial loss as a consequence of the breach however T&Cs can change this either to limit damages or to create cancellation rights etc. Need to read your contract.

You'd claim that you didn't receive the required notice along with any proof to substantiate the claim (something always hard) and they'd provide whatever evidence they have that they did provide the required notice. The judge then ultimately decides which one they believe. If they can substantiate that they did send it then the law generally assumes you'd have received it given Royal Mail delivery success is 99.99% or such and civil law works on the balance of probability.

macman

Failure to sign a a new contract is a red herring. If you used the facilities during the new term then you can be deemed to have accepted the new contract. The contract does not have to be in writing.

Murphybear

SuzeQStan said:

Similar story here but years ago - joined Bannat@nes - a friend who joined with me diagnosed with serious health issue & sent consultants letter to gym HO. Friend was threatened with bailiffs despite having been assured it wouldn’t be a problem as per the terms of  contract. Friend has to go court to make this go away. 

Don’t let that scare you - if it’s a genuine reason they should have a procedure for letting you break contract.

otherwise I would learn the lesson and next time set a warning in your phone for any contract that requires cancellation by a certain date. 

That’s very sad.

My flat mate took out a gym membership a few years ago, it was a local one rather than national.  Not long after this she was diagnosed with breast cancer.  I wrote to the gym on her behalf explaining that she was ill with cancer and wouldn’t be able to use the gym and could they cancel her membership.  I offered to supply medical evidence if they needed it.  They didn’t need it and  cancelled her membership immediately.  We were both impressed.

It seems that many gyms don’t care about their customers, just their bank balances.  

Skiddaw1

To be fair, I was a David Lloyd member before we relocated to rural Cumbria and they cancelled my membership with very little fuss when I informed them we were moving. I had to show something confirming what our new address was going to be but that was all.