Gym group closure

MattMontreal

Hi all,

I have a Gym group membership at Glasgow south, which has closed for 11 days. I was told I could use any of three other gyms for that time, none of which are within a practical distance for someone with no car. 

I reached out to them about having my membership extended for the days I won’t be at the gym and was told no. I requested instead a refund for those days and, unsurprisingly, was told no, that the contract I signed states that they can essentially do whatever they want. 

Putting aside the question of whether this is good customer service, I can’t help but wonder if it’s legal. 

Any thoughts?

Grumpy_chap

MattMontreal said:

Hi all,

I have a Gym group membership at Glasgow south, which has closed for 11 days. I was told I could use any of three other gyms for that time, none of which are within a practical distance for someone with no car. 

I reached out to them about having my membership extended for the days I won’t be at the gym and was told no. I requested instead a refund for those days and, unsurprisingly, was told no, that the contract I signed states that they can essentially do whatever they want. 

Putting aside the question of whether this is good customer service, I can’t help but wonder if it’s legal. 

Any thoughts?

The first thing is to read the contract you signed.  What does that say about this scenario?
Are the staff actually being correct with the statements that "it is in the contract"?

Second, why is the closure necessary?

DullGreyGuy

It's fairly inevitable that on a long enough timeline major works are going to be required at some point that can't be completed whilst keeping the facilities open. Most decent contracts will deal with this foreseeable event and state what will happen during the inevitable event. 

Read the contract you agreed to. 

user1977

MattMontreal said:

I have a Gym group membership at Glasgow south, which has closed for 11 days. I was told I could use any of three other gyms for that time, none of which are within a practical distance for someone with no car. 

Aren't they? Jamaica Street looks pretty handy (assuming that's one of the options).

la531983

1. We may, with reasonable notice and at our discretion, close our premises for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control, including at least 2 days a year for necessary maintenance or other work. We will endeavour to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.

Members Membership Agreement | The Gym Group

Sounds like what they have offered is fair enough. Looks like 35 minute walk to the one mentioned above, most gym goers would be able to walk that.

Also, let's be honest, you wouldn't have gone every one of those 11 days anyway. Rest days are important.

MattMontreal

I have no doubt that that’s what the contract says, but what’s the distinction between what it says and if they said “we reserve the right to take payment but provide you no service, at our discretion.”?

They could easily bury that in a contract and most people would still sign, assuming that a company would nonetheless be bound by either law or convention to provide a service. 

From this thread I guess there’s no such law and companies can just do whatever they want?

lincroft1710

The gym you use will be closed for 11 days, there are alternative gyms you can use. There appears to be no attempt at not providing the services paid for

DullGreyGuy

MattMontreal said:

I have no doubt that that’s what the contract says, but what’s the distinction between what it says and if they said “we reserve the right to take payment but provide you no service, at our discretion.”?

They could easily bury that in a contract and most people would still sign, assuming that a company would nonetheless be bound by either law or convention to provide a service. 

From this thread I guess there’s no such law and companies can just do whatever they want?

No, there is the concept of unfair contract terms which you can try and argue in court but it will be up to the judge to decide if they meet the criteria especially given its inevitable that buildings have to close periodically and they are offering you access to another nearby facility in the interim. 

Aylesbury_Duck

MattMontreal said:

I have no doubt that that’s what the contract says, but what’s the distinction between what it says and if they said “we reserve the right to take payment but provide you no service, at our discretion.”?

They could easily bury that in a contract and most people would still sign, assuming that a company would nonetheless be bound by either law or convention to provide a service. 

From this thread I guess there’s no such law and companies can just do whatever they want?

There's no need to guess.  Companies can't just do whatever they want.  It seems that the gym in this case has made reasonable provision for what is presumably a necessary brief closure.  You don't like that, but that doesn't make it wrong.  It appears to be reasonable.  Up to you ro challenge that if you want to, but you'll need to come up with something better than a guess.

Alderbank

MattMontreal said:

I have no doubt that that’s what the contract says, but what’s the distinction between what it says and if they said “we reserve the right to take payment but provide you no service, at our discretion.”?

They could easily bury that in a contract and most people would still sign, assuming that a company would nonetheless be bound by either law or convention to provide a service. 

From this thread I guess there’s no such law and companies can just do whatever they want?

It's a fair question and the answer is that there is indeed such a law.

The Unfair Contract Terms Act 1977 (been around a long time) says that companies can't just do whatever they want; terms have to be balanced and equally fair to both parties. If not they can be ignored.

So the above is an unfair contract term and can be ignored.

On the other hand, “we reserve the right to take payment but provide you no service, at our discretion and equally you have the right to take the service but provide no payment, at your discretion" is probably enforceable.

Ectophile

The unfair contracts rules have now been rolled into part 2 of the Consumer Rights Act 2015 https://www.legislation.gov.uk/ukpga/2015/15/part/2