Cooling off period with my gym

Emmab19973

Good morning, could you please point me in the right direction, I joined a gym online this week but could only give my DD details in person. I went to the gym, signed the health form and gave my DD details verbally to the receptionist. I have only signed up this week but went to use the swimming pool yesterday and it was disgustingly dirty, I spoke to a supervisor and explained I wanted to cancel due to this and she said there is no cooling off period.
Is this correct? I have literally signed a health document and given DD details verbally, is this enough for them not to offer the cooling down period? I have read their terms and conditions and I can't see it anywhere on there?

Many thanks in advance

the_lunatic_is_in_my_head

Hello OP

The right to cancel is excluded from 

(h)the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

I would assume a gym would class themselves as services related to leisure activities and as the contract is for a month, a year, etc I believe it would also meet the requirement of specific date or period of performance.

user1977

Plus once you start using the services (by attending the gym), I think that scraps any cooling-off period. It isn't a "start using the services and then change your mind" period.

the_lunatic_is_in_my_head

user1977 said:

Plus once you start using the services (by attending the gym), I think that scraps any cooling-off period. It isn't a "start using the services and then change your mind" period.

Were one to exist, the cooling off period doesn't expire by using the service (unless fully performed), instead you'd have to pay for the aspect of the service received up until the point of cancellation, covered under regulation 36  

https://www.legislation.gov.uk/uksi/2013/3134/regulation/36 

It also requires the usual required info on the right to cancel and for the trader to detail

that, if the consumer exercises the right to cancel after having made a request in accordance with regulation 36(1), the consumer is to be liable to pay the trader reasonable costs in accordance with regulation 36(4);

were one or the other (or both) not supplied, or an expressed request (via a durable medium if off premises) to start the service within the cancellation period was not gained, then no payment would be due. 

Emmab19973

I've paid pro rata upfront for the time used and the DD comes out on the 15th of this month. So I'm not using and just changing my mind, I have happily paid for the service I have already used, also which states:

If you signed up online and you're inside the cooling-off period of 14 calendar days the good news is you can leave the contract without paying exit fees under the Consumer Contracts Regulations. Tell the gym in writing within this cooling-off period that you want to cancel the contract.

So really I know I am covered, I am querying the grey area of signing the health contract and going in to give my DD details.

the_lunatic_is_in_my_head

Very simply put, a distance contract is one concluded at a distance (e.g online), this has been discussed here before and we don't know what "concluded" actually means (which isn't helpful I know).

I would say if you were bound to provide DD details then supplying them in the gym doesn't make any difference, it would still be a distance contract.

I don't know what a health contract is, was it optional? Did it cost any extra?

If the terms say you can cancel best bet is to show them to the gym and see what they say, harder for them to say no when reading their own terms

DullGreyGuy

the_lunatic_is_in_my_head said:

I don't know what a health contract is, was it optional? Did it cost any extra?

They said health document not contract... its almost certainly a health declaration/disclaimer (an example one) saying that their doctor hasn't told them not to go to the gym or not to do strenuous exercises... usual butt covering if the OP attends a Hot Yoga session and has a heart attack during it. 

The question will be when the contract was entered into, like the "click & collect" -v- "reserve online" debate. Was signing up online actually entering to the contract or was the contract actually bound only after the health declaration and DD was completed and therefore it wasnt a distance sale? 

Without seeing the documents it's hard to speculate, if you completed the health form saying you've had a dozen heart attacks, the doctor has said never do exercise etc would they really accept your membership? My guess is they wouldn't which would imply the contract isn't binding at the point the OP went on premises. 

the_lunatic_is_in_my_head

DullGreyGuy said:

the_lunatic_is_in_my_head said:

I don't know what a health contract is, was it optional? Did it cost any extra?

They said health document not contract.

OP said both

Emmab19973 said:

signed a health document

Emmab19973 said:

 signing the health contract

Never been a gym member so have no idea what it entails