Gym closed but still have to pay 29 January at 11:48PM in Consumer rights 12 replies 572 views

Dewi99

I am a member of a gym which recently closed for 2 weeks for repairs & minor refurbishment. I pay monthly and asked if payments would be adjusted to reflect this, and was told that they would be, however they are now refusing to do this, referring to their terms.
Their T&Cs do say that they can close for up to 14 days a year - I have pasted the text below. 
Would this be considered an unfair term as they only provided 50% of a service during one billing period? 

The text from their T&Cs:

We reserve the right to close the Club fully for up to 14 days in any one calendar year for the purposes of carrying out repairs, refurbishments and maintenance, whether routine or extraordinary 

in nature. If the Club is fully closed for these reasons for more than 14 days within a calendar year but for less than 8 weeks at a time (when sub-clause 6.2(A) may apply), we will refund you a proportionate amount of the Subscription Fee

for the closure period in excess of 14 days.

Wonka_2

Their initial response may have been on the basis of work taking just over 14 days.

If the contract is as above, and you agreed to it on joining, and it's 14 days or less then you're not likely to get a refund

Alderbank

Exactly what dates was the Club closed?
How many days in total was it closed during the calendar year 2022 (1 Jan 2022 - 31 Dec 2022)?
If that total was more than 14 days* you are due a refund.

*but less than 8 weeks continuously

Manxman_in_exile

No doubt I'm being very stupid but I'm struggling to understand what "If the Club is fully closed for these reasons for more than 14 days within a calendar year but for less than 8 weeks at a time..." means?

user1977

Manxman_in_exile said:

No doubt I'm being very stupid but I'm struggling to understand what "If the Club is fully closed for these reasons for more than 14 days within a calendar year but for less than 8 weeks at a time..." means?

Guessing what the other clause referred to says, you have to accept the pro rata refund, but a longer closure entitles you to cancel. 

DullGreyGuy

Manxman_in_exile said:

No doubt I'm being very stupid but I'm struggling to understand what "If the Club is fully closed for these reasons for more than 14 days within a calendar year but for less than 8 weeks at a time..." means?

You'd need to see 6a and presumably the rest of the clause that will deal with closures over 8 weeks. My assumption would be:

0-14 days - suck it up
15-56 days - pro-rata refund
57+ days - right to cancel without penalty 

Undervalued

Dewi99 said:

I am a member of a gym which recently closed for 2 weeks for repairs & minor refurbishment. I pay monthly and asked if payments would be adjusted to reflect this, and was told that they would be, however they are now refusing to do this, referring to their terms.
Their T&Cs do say that they can close for up to 14 days a year - I have pasted the text below. 
Would this be considered an unfair term as they only provided 50% of a service during one billing period? 

The text from their T&Cs:

We reserve the right to close the Club fully for up to 14 days in any one calendar year for the purposes of carrying out repairs, refurbishments and maintenance, whether routine or extraordinary 

in nature. If the Club is fully closed for these reasons for more than 14 days within a calendar year but for less than 8 weeks at a time (when sub-clause 6.2(A) may apply), we will refund you a proportionate amount of the Subscription Fee

for the closure period in excess of 14 days.

Well, so far they haven't - unless I am misunderstanding you.

If come the end of the year it has been closed for more than 14 days then you clearly have a right to a pro rata refund for the extra days but that is all. In other words your subscription gives you at least 50 weeks access in any one year.

Almost certainly you are paying a yearly subscription in "easy monthly instalments" so I don't see that the billing period is relevant.

If this were an outdoor sports facility (e.g golf club) it gets far more difficult as the course / pitches may well be closed to prevent damage in wet conditions. Then there is a difficult judgement call to make about the fitness or otherwise of the ground and not two people will agree in borderline situations.

Dewi99

Sorry, I should have included 6.2 A. Here is the text:

6.2 You may terminate your Membership by giving the Club one calendar months notice in writing if: (A) We significantly reduce the Facilities or opening hours of the Club, or close the Club for refurbishment, for a period of more than 8 weeks at a time (for the avoidance of doubt a significant reduction of the Facilities means closure of the Gym and/or Swimming Pool and significant reduction of opening hours means being open for less than 12 hours a day). We will use our reasonable endeavours to give you at least 1 months’ notice of the change (either in writing or by displaying a sign at the Club)

The place was closed from from 8pm on Saturday 17th September to 7am on Sunday 2nd October.
I'm on a monthly contract and can cancel with 1 month notice, but the rate is higher than if I would have committed for a year. 
Their terms do say that they can close for up to 14 days in a calendar year, and will only refund a proportional amount if they are closed for longer than that. I wondered if this term would be considered a fair contract term. 

DullGreyGuy

Dewi99 said:

Their terms do say that they can close for up to 14 days in a calendar year, and will only refund a proportional amount if they are closed for longer than that. I wondered if this term would be considered a fair contract term. 

Doesnt sound too unreasonable... its presumably open 7 days a week and so realistically is going to have to close at some point to allow redecoration and other maintenance work

Alderbank

Apart from that period in Sept/Oct, which just about uses up the 14 days, was the gym closed for maintenance any other days during 2022?
If so you would be entitled to the proportional amount for those additional days.

There is more than one way to calculate the proportional amount for each day:

1. Annual fee / 365 (or adjusted if they were closed e.g. on Christmas Day) for all members
2. The total fees you paid in 2022 / number of days you were a member in 2022.

If you were a member throughout 2022 they would be the same.

Undervalued

Dewi99 said:

Sorry, I should have included 6.2 A. Here is the text:

6.2 You may terminate your Membership by giving the Club one calendar months notice in writing if: (A) We significantly reduce the Facilities or opening hours of the Club, or close the Club for refurbishment, for a period of more than 8 weeks at a time (for the avoidance of doubt a significant reduction of the Facilities means closure of the Gym and/or Swimming Pool and significant reduction of opening hours means being open for less than 12 hours a day). We will use our reasonable endeavours to give you at least 1 months’ notice of the change (either in writing or by displaying a sign at the Club)

The place was closed from from 8pm on Saturday 17th September to 7am on Sunday 2nd October.
I'm on a monthly contract and can cancel with 1 month notice, but the rate is higher than if I would have committed for a year. 
Their terms do say that they can close for up to 14 days in a calendar year, and will only refund a proportional amount if they are closed for longer than that. I wondered if this term would be considered a fair contract term. 

That is unusual and probably needs a very carefully reading of the full terms. 

I wonder if the terms were written when they only had yearly memberships (even if paid in monthly instalments)!

I would agree that if you really can join just for a month, with no further commitment, then it would seem unreasonably to find the place closed for 14 days and no right to some rebate.

Is that actually the position you are in? Or, to be blunt, are you a long term member looking to get a rebate that wouldn't be due to somebody who paid the annual subscription?