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  • FIRST POST
    • orange-juice
    • By orange-juice 13th Sep 18, 11:54 AM
    • 14Posts
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    orange-juice
    Has anyone had any luck cancelling a membership/subscription by citing 'unfair terms'?
    • #1
    • 13th Sep 18, 11:54 AM
    Has anyone had any luck cancelling a membership/subscription by citing 'unfair terms'? 13th Sep 18 at 11:54 AM
    Hi there,


    Not sure if I'm in the right section so I tread carefully.


    My question relates to a subscription I have with a local bike sharing scheme. I have been a member for the past two and a half years.


    Their memberships are either a 12 month subscription (either paid annually or debited per month) or you can PAYG. Should you wish to cancel, according to their terms, you need to give them 4 weeks notice. Otherwise, it's possible that your membership will renew for another 12 months! Terms here - nextbike.co.uk/media/201806_terms_nextbikeUK.pdf



    I've not had any problems with my subscription until now, where I'm hoping to cancel due to the fact that I'm no longer using their bikes as often.


    I have a feeling as my membership 'auto-renewed' (not too sure, the regular amount just came off my ccard), I could be tied in until May 2019 (the full 12 months).


    What are my chances to cancel by giving 4 weeks notice and citing the unfair terms?


    They do not provide any advance warning to advise that the membership may potentially renew should they not be contacted. The exact section I'm referring to is 5.19.1 of the Consumer Rights Act -


    assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf



    Looking for some advice before approaching them



    Cheers in advance.
Page 1
    • Caz3121
    • By Caz3121 13th Sep 18, 1:42 PM
    • 11,557 Posts
    • 7,554 Thanks
    Caz3121
    • #2
    • 13th Sep 18, 1:42 PM
    • #2
    • 13th Sep 18, 1:42 PM
    They do not provide any advance warning to advise that the membership may potentially renew should they not be contacted. The exact section I'm referring to is 5.19.1 of the Consumer Rights Act -
    Originally posted by orange-juice
    from the t&cs you linked section 15.3
    3) The Annual rate is valid for 12 months following the order. The validity is automatically extended by one year, unless the customer cancels the tariff in writing or per e-mail at least 4 weeks prior to expiration.
    • Gary123456790
    • By Gary123456790 13th Sep 18, 2:31 PM
    • 564 Posts
    • 360 Thanks
    Gary123456790
    • #3
    • 13th Sep 18, 2:31 PM
    • #3
    • 13th Sep 18, 2:31 PM
    I dont think the terms are unfair - I do however believe that you must be contacted before auto renewal. So you may have grounds to complain if you didnt receive any notification that it will auto renew.

    Give them a ring and ask would be the first option, be friendly and if that fails then you can give it the full works later on.
    • bris
    • By bris 13th Sep 18, 8:40 PM
    • 8,055 Posts
    • 7,040 Thanks
    bris
    • #4
    • 13th Sep 18, 8:40 PM
    • #4
    • 13th Sep 18, 8:40 PM
    Sky, Vodafone, BT, gym's and a thousand more companies can hold us to 12 month contracts so what's unfair about a bike sharing company doing the same?


    Your clutching at straws.
    • wesleyad
    • By wesleyad 14th Sep 18, 10:12 AM
    • 338 Posts
    • 286 Thanks
    wesleyad
    • #5
    • 14th Sep 18, 10:12 AM
    • #5
    • 14th Sep 18, 10:12 AM
    Sky, Vodafone, BT, gym's and a thousand more companies can hold us to 12 month contracts so what's unfair about a bike sharing company doing the same?


    Your clutching at straws.
    Originally posted by bris
    None of those autorenew for an extra year though as far as I know (at least they haven't with me). Normally a 12-24 month initial contract followed by an autorenew rolling contract, at which point you can normally push for a better deal and go onto another fixed term.

    The only thing I've ever known to autorenew for a full year is insurance.

    The new guidelines say that you must be given sufficient reminders before renewal, so if they didn't then you have a case.
    • TrickyDicky101
    • By TrickyDicky101 14th Sep 18, 10:21 AM
    • 3,192 Posts
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    TrickyDicky101
    • #6
    • 14th Sep 18, 10:21 AM
    • #6
    • 14th Sep 18, 10:21 AM

    The new guidelines say that you must be given sufficient reminders before renewal, so if they didn't then you have a case.
    Originally posted by wesleyad
    Which specific guidelines?
    • unholyangel
    • By unholyangel 15th Sep 18, 12:40 PM
    • 12,996 Posts
    • 10,303 Thanks
    unholyangel
    • #7
    • 15th Sep 18, 12:40 PM
    • #7
    • 15th Sep 18, 12:40 PM
    Which specific guidelines?
    Originally posted by TrickyDicky101
    CMA's unfair term guidance I would guess (the old guidance being OFT's)
    Money doesn't solve poverty.....it creates it.
    • wesleyad
    • By wesleyad 16th Sep 18, 9:24 AM
    • 338 Posts
    • 286 Thanks
    wesleyad
    • #8
    • 16th Sep 18, 9:24 AM
    • #8
    • 16th Sep 18, 9:24 AM
    Which specific guidelines?
    Originally posted by TrickyDicky101
    I was just having a look around and most places were saying there needs to be a reminder. This from the gov website kind of agrees. It doesn't say you have to, but implies without it the terms could be unfair:

    "For example, your terms are more likely to be fair if:
    It is made clear to customers at the outset how their subscription or contract will be renewed and the contract requires that they are sent a reminder a reasonable time before it is due to be renewed. The reminder should include clear information about the terms of the proposed renewal of the contract and the reasonable steps customers need to take to stop the renewal, if they wish to."

    https://www.gov.uk/guidance/unfair-terms-explained-for-businesses-full-guide#subscriptions-and-automatic-rollovers
    • unforeseen
    • By unforeseen 16th Sep 18, 9:57 AM
    • 3,094 Posts
    • 4,064 Thanks
    unforeseen
    • #9
    • 16th Sep 18, 9:57 AM
    • #9
    • 16th Sep 18, 9:57 AM
    It doesn't say that it is unfair if the GUIDELINES aren't followed though. My interpretation is that if followed then it's clearcut fair. If not all followed then there MAY be a question of doubt.
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