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Gym price rise - Cancellation rights?
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mezzor said:HillStreetBlues said:cymruchris said:Out of interest what would make the term 'fair' - If for example it said RPI plus 3 percent (Something along those lines seems to be banded about by various broadband/mobile companies at the moment). RPI is currently around 13.4 percent I think - so a £69.99 monthly fee going up by a 'fair - because it was stated in the terms and conditions' RPI and 3 percent would come in at around £81.74 a month.As it stands it's gone up to £74.99 a month - wouldn't that be 'fairer' than using the RPI example above? As it's below the RPI?I mentioned in my post above I don't agree with the vagueness of it as they could in effect charge £500 a month - but if they've put their price up less than the RPI - wouldn't that make it a fairer increase?
Couldn't they justify that as the price increase was less than RPI it was quite valid?I imagine the counter-argument might be that RPI wasn't mentioned in the first place, and so it's not relevant - but if the terms and conditions were the same as the other big contract providers and RPI had been mentioned, the OP would in fact be paying even more?
But the term they are using would give them the power to rise prices weekly and by whatever amount they choose.
As that term is unfair then any price increase (even a small one) can't be enforced as the term for the increase doesn't exist in law.
On the issue of RPI rises a person will know how the rise is calculated and when it takes effect, although not the amount in cash.
Personally I'm not a fan of RPI increases but wouldn't say that they are unfair.
If they offer to keep me at £69.99pm - with Clause 12 being deemed "unfair" does this void the whole contract and allow me to leave? If I'm being honest I haven't actually used the gym membership as much as I'd hoped as I took a new job, I've probably used it 4 times since August 2022 which is my own fault I know but if I can use this to my advantage to cancel outright I'd like to.In the game of chess you can never let your adversary see your pieces0 -
I think the term is void rather than the contract meaning you’d still be tied in for 5 months but at the original price, not 100% on this so happy to be corrected.HillStreetBlues said:If their choice is no increase they haven't broken any terms, so can't cancel.
Let's Be Careful Out There0 -
mezzor said:Good afternoon everyone,
I am currently 7 months into a 12 month agreement with Everybody Gym with a family membership at £69.99pm. They have emailed me today stating that from 1st April the price will rise to £74.99 per month. As small as the increase is, with every other contract I have also being increased, this is just one I simply cannot afford.
I have checked their terms to see whether I am able to cancel the contract and found the below:
12. All Everybody direct debit memberships are agreements in accordance with the Direct Debit Guarantee and are subject to regular price reviews. Any change to memberships will be notified in writing a minimum of 10 days before any intended change.
14. Memberships cannot be cancelled prior to the agreed contract length that you have signed up for and the last payment has been made. A contract may be cancelled once the final payment has been collected, this requires 10 days advance notice in writing to Everybody Health & Leisure to the e-mail address support@everybody.freshdesk.com. A confirmation e-mail will be sent back. Queries on cancelled memberships can only be dealt with when a copy of the confirmation e-mail and ticket number is provided.
Am I right in thinking that based on the above I have to accept the new price rate and have no way of getting out of this contract?
TIA
The FCA give some examples of what they deem to be unfair contract terms:
https://www.fca.org.uk/firms/unfair-contract-terms/examples-unfair-terms#:~:text=Examples%20of%20potentially%20unfair%20terms,contract%20or%20cancels%20the%20contract
It says:- charge the consumer a large sum of money or an amount that goes beyond what would be considered a reasonable pre-estimate of loss incurred by the firm, if a consumer doesn’t fulfil their obligations under the contract or cancels the contract.
As the increase is only £5 a month (so a 7% increase), with just 5 months remaining on the contract, then I think you would struggle to argue this is unreasonable, as energy prices have risen a lot since your membership started. My gym has stopped opening on weekend evenings to save money rather than increase prices.
This is an extra £25 you're talking about, so the cost of 4 bottles of cheap wine or a couple of decent bottles. It sounds a little to me like you're looking for a reason to get out the contract...
Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
pinkshoes said:If you'd written that it was increasing form £69.99 to £99.99 then it would be considered unreasonable.
The FCA give some examples of what they deem to be unfair contract terms:
https://www.fca.org.uk/firms/unfair-contract-terms/examples-unfair-terms#:~:text=Examples%20of%20potentially%20unfair%20terms,contract%20or%20cancels%20the%20contract
It says:- charge the consumer a large sum of money or an amount that goes beyond what would be considered a reasonable pre-estimate of loss incurred by the firm, if a consumer doesn’t fulfil their obligations under the contract or cancels the contract.
As the increase is only £5 a month (so a 7% increase), with just 5 months remaining on the contract, then I think you would struggle to argue this is unreasonable, as energy prices have risen a lot since your membership started. My gym has stopped opening on weekend evenings to save money rather than increase prices.
This is an extra £25 you're talking about, so the cost of 4 bottles of cheap wine or a couple of decent bottles. It sounds a little to me like you're looking for a reason to get out the contract...
The OP wasn't given any type of estimate, just a set price
Let's Be Careful Out There0
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