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Lack of pool time breaches terms of contract?

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I joined LA Fitness in February and told them that I was joining the club so that I had unlimited daytime use of a local swimming pool. I am not interested in going to the gym as I have chronic joint problems. In the last month, LA Fitness has allocated hours a day to outside agencies for swimming lessons and externally run aquarobics sessions, meaning the pool is unavailable daily from 11.30-1.30 and 3pm to 6pm. When I complained, they said one lane was available to members throughout most lessons. However, this 15m long lane is only wide enough for one swimmer at any one time. For some of the time, the lane goes widthways which means it is only 4m long!! I told LA Fitness that I considered they had materially changed the terms and conditions that I signed up to, as I can no longer visit the pool whenever it suits me, but they say that as they provide this 'lane', I have no legal reason to be able to cancel my contract. Can anyone help with this? All opinions gratefully received! :|

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Hi Golfer and welcome to CAG


You joined the gym to use the pool and did so happily until a month ago.


Recently, during certain hours, your use of that pool is limited to a single lane running lengthways and sometimes less, with it running widthways.


I would certainly say this is a significant restriction on your ability to enjoy the facility.


If the restrictions have been brought in recently (in any event, since you joined), then this is a material change to the facility they provide.


Accordingly, I would cancel my membership on the basis that they have significantly restricted the facility which you joined the gym to enjoy.


Write to the gym confirming this and tell them you are cancelling your DD mandate immediately. Drop this letter in to the gym and ask a member of staff to sign a receipt for it (which you'll print and take with you for them to sign).


Send a copy of the letter to the gym's HO by Recorded Delivery.


Write to the bank confirming your instruction to cancel the DD with immediate effect.


LAF are likely to disagree, refuse to cancel and continue to demand payments. They'll then pass it on to their Debt Collection Monkeys who we'll help you tp deal with in due course.


Read other threads here to see how others are dealing with their gym membership problems.



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