Dispute with Virgin Active gym

louise0910

Hi,  I’m hoping to get some help if possible.  I signed up for a 3 month contract for private PT sessions when i joined my gym.  When signing up, i was taken to the main reception to sign.  The whole time the instructor was talking to me so didn’t have time to read the multiple pages of t&cs.  I was told i have two weeks to cancel but the sessions seemed ok so i didn’t.  I was surprised to find they’d taken a 4th payment out the month after it should have ended.  I made a complaint and they’ve told me it’s a rolling contract and i had to give 30 days notice to cancel.  This is definitely not what i signed up for and i told them this.  I also asked for evidence that they’d sent me a copy of this in writing, to be told they only send t&c’s out to people who ask for them.  Is there anywhere else i can go for help as they are not interested in doing anything and it’s not a small amount of money.

Aylesbury_Duck

louise0910 said:

Hi,  I’m hoping to get some help if possible.  I signed up for a 3 month contract for private PT sessions when i joined my gym.  When signing up, i was taken to the main reception to sign.  The whole time the instructor was talking to me so didn’t have time to read the multiple pages of t&cs.  I was told i have two weeks to cancel but the sessions seemed ok so i didn’t.  I was surprised to find they’d taken a 4th payment out the month after it should have ended.  I made a complaint and they’ve told me it’s a rolling contract and i had to give 30 days notice to cancel.  This is definitely not what i signed up for and i told them this.  I also asked for evidence that they’d sent me a copy of this in writing, to be told they only send t&c’s out to people who ask for them.  Is there anywhere else i can go for help as they are not interested in doing anything and it’s not a small amount of money.

How do you know if you don't have a copy of the terms?  If they only send terms and conditions out to people who ask for them, then ask for them.  Then check them to ensure they're complying properly with them.

It's going to sound harsh, but it's really your responsibility to pause things if you feel rushed or distracted when signing a contract.  I doubt a national gym chain has made a mistake in its terms and therefore it's probably a reasonable assumption that you did sign up to a contract that rolls over unless you give notice.

You can look at speaking to your bank about reversing a direct debit, or consider small claims court, but you should really only do those things if you're certain you didn't sign up to a rolling contract.  Otherwise, neither of those routes will succeed.

eskbanker

What evidence can you provide that you signed up to a three month fixed term contract, as opposed to a contract with a minimum commitment of three months?  Have you now given notice of termination, on a without prejudice basis?

louise0910

How do you know if you don't have a copy of the terms?  If they only send terms and conditions out to people who ask for them, then ask for them.  Then check them to ensure they're complying properly with them.

Firstly, they don’t tell you they only get sent out if you ask for them.  I’ve never signed up to an agreement where they haven’t been sent to me.

It's going to sound harsh, but it's really your responsibility to pause things if you feel rushed or distracted when signing a contract.  I doubt a national gym chain has made a mistake in its terms and therefore it's probably a reasonable assumption that you did sign up to a contract that rolls over unless you give notice.

Yes, it is a bit harsh and quite rude.  I wonder how many people are too afraid to ask for advice because of responses like this.  If i felt there was anything untoward i would have never signed it but being such a big chain thought i would be getting what i was sold by their PT instructor.  I’ve read their terms and conditions and, even if i had received them, would have thought everything was ok, as he sold the ‘package’ as a 3 months package and the ts&cs only briefly mention you have to give notice if you want to cancel.  Why would you have to cancel after your package completes?  Maybe you’re going to call me an idiot, like your initial response implies but that’s really not helpful.

Aylesbury_Duck

louise0910 said:

How do you know if you don't have a copy of the terms?  If they only send terms and conditions out to people who ask for them, then ask for them.  Then check them to ensure they're complying properly with them.

Firstly, they don’t tell you they only get sent out if you ask for them.  I’ve never signed up to an agreement where they haven’t been sent to me.

It's going to sound harsh, but it's really your responsibility to pause things if you feel rushed or distracted when signing a contract.  I doubt a national gym chain has made a mistake in its terms and therefore it's probably a reasonable assumption that you did sign up to a contract that rolls over unless you give notice.

Yes, it is a bit harsh and quite rude.  I wonder how many people are too afraid to ask for advice because of responses like this.  If i felt there was anything untoward i would have never signed it but being such a big chain thought i would be getting what i was sold by their PT instructor.  I’ve read their terms and conditions and, even if i had received them, would have thought everything was ok, as he sold the ‘package’ as a 3 months package and the ts&cs only briefly mention you have to give notice if you want to cancel.  Why would you have to cancel after your package completes?  Maybe you’re going to call me an idiot, like your initial response implies but that’s really not helpful.

In that sense it's no different to something like a broadband contract.  I have an 18 month contract that rolls over onto a monthly contract when the package completes.  It's the same with my fixed term energy contract.  And my home insurance.  And my car insurance.  

No, I'm not going to call you an idiot, and nor did I imply you were an idiot earlier.  You may infer that I did, but I didn't.  This forum has thousands of viewers, and my point is made to anyone else as well as you, that when going through the process of signing a contract, you have the option to pause and ask for some time to read through what you're signing.  It's easy to fee pressured, but these places need your custom more than you need their service.  They'll wait.

As you point out, the contract does indeed mention you have to give notice if you want to cancel.  That leaves trying to negotiate a goodwill refund or discount.