Paid annual sports centre fee upfront; now want to charge extra for items included

[Humdinger1]

Dear Beagles,

Back in April 2019, I paid an annual subscription in one go for a sports centre; I got an extra month added on, taking me to May 2020. This is for a swimming membership with sauna, steam-room and jacuzzi included.

In September, I was advised that when the new centre was built, an extra £150 per annum would be charged for the sauna etc that was already inc in the package - and that this would apply from Jan 2020, when the new centre opened. I pointed out that I'd already paid up front for the year and that surely this wasn't right? The centre management came back and said that they were aware that there was an issue and were working on a solution/offer but couldn't confirm when they'd be getting back as it was with HQ.

I called the credit card co and they said that it would depend on what was in the ts and cs. I don't think I saw any of those - but guess I need to ask the centre for a copy of what paperwork I signed? Looking on the website, it does say that "Prices may be reviewed at any point during your membership and we undertake to provide at least 3 working days notice of any price change either by email where this exists, or by post." However, just because it's in the ts and cs doesn't make it enforceable I think, esp if the ts and cs weren't viewed at the time - am I right in thinking that you can't have ts and cs in a consumer contract than are less favourable than the law?. I think what might have happened is that I signed paperwork maybe 2 years ago? I'm sure I just renewed over the phone this time. If they can't supply a copy of any paperwork, that's good I guess?

Thanks so much for any light you can throw on this - really appreciate it. I think this will come down to negotiation, but any general principles or relevant laws you can point me to that will help would be fab.

Humdinger

[des8]

refer to Consumer Rights Act 2015 sec 61 and also schedule 2 of the act http://www.legislation.gov.uk/ukpga/2015/15/contents

[Humdinger1]

DES8

Thank you so much! It's all clearly laid out...will keep you posted. Humdinger

[Humdinger1]

So, I've now had an answer "There appears to be some confusion about your current membership. To be clear, your current swimming membership does not entitle you to use the Sauna, Steam and Jacuzzi at either the old or the new centre. However, we were aware that some customers were using the sauna, steam and Jacuzzi without having paid to do so.* We have been opting not to make a massive issue out of this**and decided to be flexible in terms of allowing access.* I can assure you we are not changing your membership without your consent, you were never entitled to use the sauna and the choice to upgrade is entirely yours. Of course, I am more than happy to discuss this with you further and if you have any documentation which shows that you are entitled to use the sauna etc. please do forward it on."

I've replied, saying "Thanks for your email.** I will look for paperwork again - but I have been told numerous times that my membership includes the sauna etc, and in front of other members who will be able to confirm.
*
Staff have also explained it to me as 'the cost of this element is going up', not that it was never included; the centre manager confirmed that there was an acknowledged issue.* One key point in consumer law is that where doubt exists, it has to be interpreted on terms favourable to the consumer, not the supplier.* Do you have any paperwork for our current or previous contract?"

This is from memory - can anyone confirm please; and can you point me to more useful legislation?

Again, thanks to you all for your expertise.

[des8]

Without seeing what you actually signed up to, it is difficult to advise.

As they claim to be flexible and admit there was confusion, have you tried to compromise with them without getting bogged down in legalities
eg*recognise your existing contract runs until May and in practice included Sauna etc.
£150 per annum is £12.50 per month, so upto and including May is £62.50
Try and negotiate on that extra £62.50.
You might be able to get it lowered and then when your renewal comes up decide whether or not to continue.

[Humdinger1]

DES8, thanks am trying that and will keep you posted.* They've never sent a hard or soft copy of my membership agreement, and the ts and cs make no ref to what's included.

[Humdinger1]

DES8 ; thanks yet again - the centre has now come back and agreed that they never issued paperwork. For a cost of £31, I've now got 6 months' spa membership added on,which is way better than I expected.* Really appreciate your help.* Humdinger

[des8]

Glad to hear you came to an acceptable agreement.... much better than court!*