Gym membership contract

[kelpot]

Hi,
I entered into a gym contract online 4 days ago. I used the gym twice and decided to cancel. Having researched the 14 day cooling period I was under the impression you could cancel despite having used the gym as long as you pay for the days you used it.

I contacted the the gym with this information and asked to cancel the membership however they have refused and pointed to a section in the terms and conditions that states:

'In relation to members joining online and to whom the distance selling regulations apply, from the date of being accepted as a member he/she shall have a period of 7 days within which to cancel their membership if they change their mind.
This right of cancellation shall be lost as soon as a member enters the club.'

Does this override the consumer regulations? If it does and I can't cancel, does the reason I wanted to cancel (i.e not happy with the service) come into play? Or is there any other way I can get out of the contract?

Thanks in advance for any advice.

Kelly

[Amethyst]

Re: Gym membership contract

''This right of cancellation shall be lost as soon as a member enters the club.'' - charming.

Do you have a copy of or a link to the full terms ?

[judgemental24]

Re: Gym membership contract

If the credit agreement is signed on trade premises then the consumer has no cancellation rights.
However, until the agreement is signed (and
executed) by the finance company, the consumer may withdraw at any time

Section 67(b) CCA 1974

So unless the finance company have sent you back the executed agreement you can cancel without penalty

If it was an online application off trade premisis then the distant selling (Service) regulations come into force and you can cancel within 14 days

7 days cooling off is statutory and the Cancellation of Contracts made in the Consumers Home or Place of Work Regulations 2008 now makes it a 14 days cooling off period

CALL THE FINANCE COMPANY AND SAY YOU HAVE CANCELLED WITH THE GYM BY EMAIL

Send that email tonight to the Gym and finance company for a paper trail

[des8]

Re: Gym membership contract

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations
If you request a service starts straightaway In this instance you will still have the right to cancel, but you must pay for the value of the service that is provided up to the point you cancel.
For example, if you buy a service like gym membership and start using the gym and then change your mind within this 14 day time period, you will be refunded but could be charged for the amount of gym time you used.

[kelpot]

Re: Gym membership contract

http://www.bannatyne.co.uk/healthand...0Agreement.pdf

Here is the link to the t&c's......

[judgemental24]

Re: Gym membership contract

No worries on the Gym terms and conditions as they mean squat

A gym terms and conditions cannot diminsh your statutory rights

[judgemental24]

Re: Gym membership contract

I cannot stress this enough

Send the Gym and Finance company an email tonight saying you wish to terminate the agreement entered on xyz date in accordance with the Consumer Rights Act 2015

That is within the 14 days statutory cooling off period for a service agreement

Then tomorrow send hard copies by snail mail and recorded delivery

[Amethyst]

Re: Gym membership contract

I think Bannantyne haven't updated their contract since 1st October as it should be 14 days now. And yes cancellation if you have used part of a service within those 14 days should entitle you to a refund but may be charged for the use you have had ( so the 2 sessions ).

( so the service has been partially performed before the end of the cancellation period )

[Amethyst]

Re: Gym membership contract

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013


36...

(4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount—
(a) for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2) and
(b) which is in proportion to what has been supplied, in comparison with the full coverage of the contract.


(5) The amount is to be calculated—
(a) on the basis of the total price agreed in the contract, or
(b) if the total price is excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders.

[kelpot]

Re: Gym membership contract

So to clarify, this part in the T&C's 'This right of cancellation shall be lost as soon as a member enters the club' doesn't apply?

So course of action is to email gym and finance company (whoever that is) and also post hard copies? As well as cancel the Direct Debit?

[judgemental24]

Re: Gym membership contract

YES on both counts

https://www.bannatyne.co.uk/contact/

try this link for the finance company

[kelpot]

Re: Gym membership contract

Ok, I have already exchanged several emails with Bannatynes and they keep referring back to that one point and are refusing to agree to cancel. Also forgive me if I am being stupid with this question but how do I found out who the Finance Company is?

[kelpot]

Re: Gym membership contract

So I can get back to Bannatyne, why does that line in the t&c's not apply? Is it because regulations over ride it?

[judgemental24]

Re: Gym membership contract

Yes you tell them their terms and conditions cannot diminish your statutory rights

[Amethyst]

Re: Gym membership contract

Indeed, the terms and conditions / contract do not affect your statutory rights.

I don't know that there is a finance company - it's a contract for 12 months membership payable monthly not a credit agreement.

ie.
Beginning when the Member is accepted for membership all Members shall pay either a single subscription for their 12 month membership or at the discretion of the Proprietor 12 monthly subscriptions consisting of one twelfth of the annual membership fee plus a finance charge, information on which will be provided to the Member on joining. Monthly or annual subscriptions shall be payable by each Member irrespective of the actual usage of the Club or change in personal circumstances (including any assignment permitted under paragraph 3 above) save as set out at 6(f) below.