Nuffield Bristol Closed Pool - ***M/ship successfully cancelled after dispute***

[toxicchili]

I am currently a member of Nuffield Fitness Wellbeing Centre in Bristol.

 

The other day I turned up and found the Pool, Steamroom and Sauna were all closed for 9 weeks (approx).

 

They have basically offered to either Freeze the contract or give 3 PT sessions. I want access to a gym, so freezing is not an option as I can't then join another gym without some sort of commitment, I don't need or want PT sessions.

 

Under the terms of their contract it states they will give a minimum of one full calendar month's notice, displayed on your wellbeing club's information board, if the following occur.

- change of location

- close for refurbishment for a month or more

- significantly reduce the open hours or facilities unless temporary, for health and safety, maintenance, or for improvements that will benefit most members (in which case they they will offer, as appropriate, either alternative facilities or to freeze your agreement).

 

They gave 2 weeks notice on a temporary display and put up a notice the day the facilities were closed.

 

Although the improvements can be classed as benefiting most members, it is still covered above and they did not give appropriate notice based, I have requested a reduction in my membership payments during time of refurbishment, but supposedly their hands are tied.

 

Based on them not giving appropriate notice and also half the facilities being closed, can I cancel my membership?

 

Thanks in advance.

Edited October 28, 2012 by slick132
Added "month's" between calender and notice

[slick132]

Your post was not initially displayed for some reason but I hope that hasn't put you off.

 

If you decide to cancel instead of agree to the freeze, the gym or their admin company will hound you for payments and deny that you have the right to cancel.

 

The gym failed to give a month's notice of the closures as required by their T&C's but they appear to be allowed to do this because :-

 

Under the terms of their contract it states they will give a minimum of one full calendar month's notice, displayed on your wellbeing club's information board, if the following occur.

- change of location

- close for refurbishment for a month or more

- significantly reduce the open hours or facilities unless temporary, for health and safety, maintenance, or for improvements that will benefit most members (in which case they they will offer, as appropriate, either alternative facilities or to freeze your agreement).

 

What I fail to understand is why they didn't give a month's notice as, surely, work of this nature has been commissioned and planned over many months.

 

In any event, they appear to be covered unless you can show the T&C's were unfair to you as a consumer. Although the T&C's appear to be weighted in the gym's favour, that doesn't necessarily mean they are unfair or unreasonable to the degree needed for you to defend a court claim.

 

My advice here is to accept the freeze as long as you don't have to pay anything at all during the refurbishment. Otherwise you'll be hounded from here to eternity by the gym and/or their admin company or DCA.

 

However, if they insist on any payments while the works are ongoing or they are intransigent in any other way, let us know and we'll review your options.

 

Read other threads here and you'll see that many site users are having an awful job cancelling gym contracts when they have far better grounds that you do.

 

[toxicchili]

I don't understand why they didn't give a months notice either, they told us they had planned to start the work middle of the year, but was delayed. So they have know for a while, I know a lot of people are upset, one we spoke to had booked and paid for swimming lessons in the pool.

[toxicchili]

Firstly I know people have nightmares cancelling gym memberships and there are better reasons, but when you sign up for use of a facility and then they take it away, really they should offer a reasonable alternative

 

I don't know why they didn't give a months notice, infact the manager told us they have been planning the changes since the middle of the year. Other people are upset too because they recently booked/paid for swimming lessions.

 

Obviously I understand that they will use the fact it is temporary and/or for improvements as a reason to not cancel. The terms are vague enough to be interpreted in a few ways, also they use statements such as they will offer alternative facilities or to freeze membership as appropriate. Appropriate for who? them or me?

 

Based on the amount of people in the gym over the weekend, I suspect many have opted to freeze membership.

 

For me, I would just like a discounted membership for the period the facilities are closed, which I personally feel is reasonable. I very much doubt they will offer this.

[slick132]

Hi Toxic.

 

I don't know why your posts are initially being unapproved but Site Admin are looking into it. When you next post please send me another PM and I'll ensure you post is visible.

 

As I said above, the T&C's seem to be favourable to the gym and weighed against you, the consumer. If they will freeze the m/ship pending completion of the works, that is not unreasonable in itself.

 

However, if you feel strongly enough about this, you could try cancelling on the basis of their failure to give ANY notice about the works, let alone a month's notice.

 

We're agreed that the T&C's are vague. And it's not unreasonable that, in view of the gym's failure to give any notice, you feel very aggrieved at how they've treated you, their customer.

 

Due to the extended time the facilities are unavailable to you, it's reasonable that you should cancel without notice or penalty, so you can join another gym immediately.

 

[toxicchili]

I thought I would update.

 

After sending a letter to Nuffield rather than giving a reduction in membership price they basically allowed me to cancel the membership without notice and also refunded any money they owed me (which was a months membership).

 

I have looked around a few other gyms, bannatynes was the nearest, but they seem to have a bad reputation and when we got quotes on prices. They offered me and my partner membership for £99 per month peak. She asked if we could have one peak and one off peak on this joint membership and that worked out at £101 per month. For a six month contract, it was £112 per month. Oddly enough a collegue of mine went to that Bannatyne, he only joined for 6 months and agreed upon joining that the membership would automatically end at the end of the 6 months unless he said otherwise. He paid £37 a month for off peak. (For my girlfriend, the best they would offer for 6 month contract off peak was £52). I think I will give them a miss.

[slick132]

Hi TC.

 

Thanks for the update and I'm delighted at the result you've achieved. Thread title changed to reflect your WIN.

 

Before joining another gym, make sure you take time to read the T&C's thoroughly, especially about cancelling.

 

Ignore what the sales staff tell you because, when you come to cancel any m/ship, it's not the sales staff who give you months of grief !!

 

For instance, your friend should read the T&C's about leaving at the end of 6 months. I doubt the contract ends automatically and, if he doesn't give the right period of notice, he'll find himself still tied into m/ship after the 6 months is up.

 

[toxicchili]

For instance, your friend should read the T&C's about leaving at the end of 6 months. I doubt the contract ends automatically and, if he doesn't give the right period of notice, he'll find himself still tied into m/ship after the 6 months is up.

 

 

His membership has already ended now. He effectively handed in his notice as soon as his membership started and got a letter confirming it. It is better to cancel and change your mind, they seem more than happy to uncancel your memberships if you decide you don't want to leave.