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Hello all
Not sure if I'm posting in the right section, however:
I signed up for a 12 month membership at my local gym back in February 2020, where the membership and direct debit collection was being handled by DFC. I wish I would have googled them before but hindsight 20/20 and all that.
They took a direct debit payment in March 2020 which was fine as I attended the Gym in march prior to lockdown. They then collected another direct debit payment in April, despite the gym being closed since late March due to lockdown and despite the gym manager asking them to freeze my membership. To date, they have not returned this payment despite numerous requests.
Fast forward to August, they took another payment as the gym has re-opened. I wasn't notified by the gym or DFC that the gym would be re-opening. I called the gym for confirmation that they have re-opened, which they confirmed. However, post lockdown, they gym's operating times have changed, opening later and closing earlier. The opening of the gym at a later hour means it is no longer possible for me to attend, as it will make me late for work.
I have tried cancelling the contract, based on their Cancellation clause which states:
Termination of Service, Limited Rights to Cancel
"2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services"
However, they are flat refusing to honour the above clause, despite what I think is my right to cancel as they have altered the opening hours of the gym, making it for me impossible to attend. Twice they refused to cancel the contract, and a third time they said the gym has the final word. Upon checking with the gym's manager, he's has stated that they are deflecting and the contract is between me and DFC, not the gym.
Do I have a legal standing here? I really do not wish to keep paying a monthly subscription to a gym that I am unable to attend, and I am unable to attend due to the gym's new operating hours.
In addition, access to locker rooms / showers are understandably closed, so it's really not the service I signed for, but may be a moot point since I am unable to attend due to the new opening times.
They have now taken another month's payment (September)
Many thanks for reading and your input.
Not sure if I'm posting in the right section, however:
I signed up for a 12 month membership at my local gym back in February 2020, where the membership and direct debit collection was being handled by DFC. I wish I would have googled them before but hindsight 20/20 and all that.
They took a direct debit payment in March 2020 which was fine as I attended the Gym in march prior to lockdown. They then collected another direct debit payment in April, despite the gym being closed since late March due to lockdown and despite the gym manager asking them to freeze my membership. To date, they have not returned this payment despite numerous requests.
Fast forward to August, they took another payment as the gym has re-opened. I wasn't notified by the gym or DFC that the gym would be re-opening. I called the gym for confirmation that they have re-opened, which they confirmed. However, post lockdown, they gym's operating times have changed, opening later and closing earlier. The opening of the gym at a later hour means it is no longer possible for me to attend, as it will make me late for work.
I have tried cancelling the contract, based on their Cancellation clause which states:
Termination of Service, Limited Rights to Cancel
"2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services"
However, they are flat refusing to honour the above clause, despite what I think is my right to cancel as they have altered the opening hours of the gym, making it for me impossible to attend. Twice they refused to cancel the contract, and a third time they said the gym has the final word. Upon checking with the gym's manager, he's has stated that they are deflecting and the contract is between me and DFC, not the gym.
Do I have a legal standing here? I really do not wish to keep paying a monthly subscription to a gym that I am unable to attend, and I am unable to attend due to the gym's new operating hours.
In addition, access to locker rooms / showers are understandably closed, so it's really not the service I signed for, but may be a moot point since I am unable to attend due to the new opening times.
They have now taken another month's payment (September)
Many thanks for reading and your input.
