Membership

PardooEls · 12 July 2017 at 4:55PM

Hello,

I recently had a free trial at a local baby massage class. I enjoyed it so I completed the relevant joining form at the end of the class. No T&Cs were explained to me - or anything at this stage. I registered for the monthly 'pick n mix' classes which means I can choose up to 8 classes a month and pay on a monthly basis.

A few days later I got confirmation that my membership had been processed and at this point the T&Cs were emailed to me.

I purchased one month of 'credits' -£56 for 8 classes. Unfortunately due to unforeseen circumstances I was only able to do a few classes and I'm now having to cancel my membership.

My issue is that this company is now saying that I need to give them 3 months notice to cancel my membership as outlined in the T&Cs (which I was made aware of after I joined up) and even if I cannot attend classes I have to pay £56 a month until my 3 months expire!!!!

Is this not obscenely unfair?! Why do I have to pay for services I am not receiving? I don't see how it's fair that I am basically paying to subsidise classes I am not attending. I appreciate there is a process in place but I was not made aware of this when I joined.

I am going back and forth with this company now as I don't know why they can't just let me cancel. I'm not using their services. I wouldn't go into a restaurant, hand over a load of money and not eat anything!

Am I in the wrong for arguing my point? Any advice would be appreciated
Thanks

Browntoa · 12 July 2017 at 4:58PM

You should have asked to see the t&c or they were on the joining form you signed

They don't have to be "explained" to you as it goes , it's your duty to read them (although most people don't )

hollydays · 12 July 2017 at 5:02PM

PardooEls wrote: »

Hello,

I recently had a free trial at a local baby massage class. I enjoyed it so I completed the relevant joining form at the end of the class. No T&Cs were explained to me - or anything at this stage. I registered for the monthly 'pick n mix' classes which means I can choose up to 8 classes a month and pay on a monthly basis.

A few days later I got confirmation that my membership had been processed and at this point the T&Cs were emailed to me.

I purchased one month of 'credits' -£56 for 8 classes. Unfortunately due to unforeseen circumstances I was only able to do a few classes and I'm now having to cancel my membership.

My issue is that this company is now saying that I need to give them 3 months notice to cancel my membership as outlined in the T&Cs (which I was made aware of after I joined up) and even if I cannot attend classes I have to pay £56 a month until my 3 months expire!!!!

Is this not obscenely unfair?! Why do I have to pay for services I am not receiving? I don't see how it's fair that I am basically paying to subsidise classes I am not attending. I appreciate there is a process in place but I was not made aware of this when I joined.

I am going back and forth with this company now as I don't know why they can't just let me cancel. I'm not using their services. I wouldn't go into a restaurant, hand over a load of money and not eat anything!

Am I in the wrong for arguing my point? Any advice would be appreciated
Thanks

You are a very literate baby. Could you not get your parent to argue your point for you?

unholyangel · 12 July 2017 at 5:18PM

Browntoa wrote: »

You should have asked to see the t&c or they were on the joining form you signed

They don't have to be "explained" to you as it goes , it's your duty to read them (although most people don't )

Its never up to the consumer to ask to see if the company have any terms they want to form part of the contract - its up to the company to provide the consumer with any terms they want to form part of the contract.

If you want to have terms applied to a contract, you need to make sure the other party were given them prior to being bound by that contract - once the contract is formed, neither party can alter that agreement except with the other party consenting/agreeing to the changes.

OP just tell them that they cannot retrospectively add or change terms to a contract without your agreement, that you don't consent to the changes therefore, you're not due them a penny unless they can prove that this term formed part of the contract at the time you entered into the contract (rather than retrospectively being emailed to you after you had already agreed).

PardooEls · 12 July 2017 at 5:50PM

Thank you unholyangel for your helpful reply.
I thought as much in regards to the T&Cs - just wanted another opinion!

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