Easy Gym - No showers since 18th April.

[JoeyJoeC]

I signed up to Easy Gym on 20th of March this year. Then on the 17th of April, they sent an email out to everyone to say the showers are going to be refurbished starting the next day without giving a completion date.

 

I haven't been to the gym since as we don't have showers in the office, and I can only go in the mornings to the gym. I am client facing so defiantly not a good idea to spend an hour at the gym, without washing. I have canceled my membership, as of this morning, but they are refusing to refund for the time I haven't been able to use the gym. Do I have a case for a refund since the gym is advertised as with shower facilities, but haven't provided them. They told me I am still free to use everything else in the gym so they won't refund.

 

20 March 2015: Signed up

17 April 2015: Easy Gym sent email to say showers going to be refurbished

18 April 2015: Showers out of action

24 April 2015: "Unfortunately we have discovered that this is a much bigger job than anticipated"

13 May 2015: I sent an email to ask about the refurbishment.

20 May 2015: Reply "Due to reasons outside our control we are currently unable to specify a date in which the works will be completed."

03 June 2015: "we were forced to shut down the showers by the landlord over alleged leaks. "

04 June 2015: Emailed requesting my account to be closed, my email was ignored.

08 June 2015: "We are writing to give you an update on our male shower room refurbishment. We have now received approval to continue our work and all being well, the new shower block will reopen on Monday 15th June. "

08 June 2015: Reminded them about my previous email, Also emailed another department about my closure request.

09 June 2015: They closed the account, but won't refund me.

[BankFodder]

I have very little doubt but that the failure to provide proper shower facilities at a gym is a good basis for terminating the contract and demanding a refund.

 

How much money is at stake?

[slick132]

Hi JJC,

 

The answer to this will be in the T&C's for your m/ship which I assume is at the Oxford St, London branch for £24.99.

 

This is No Contract m/ship and you can cancel by giving notice to cancel just 5 days before the next DD payment is due. What a shame other gyms can't be as flexible !!

 

Looking at the T&C's, it says :-

 

5. FACILITIES AND SERVICES

 

D. You acknowledge that to provide the highest standards of facilities, each Club may need to close certain or all facilities temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, that this may disrupt the provision of services to you and agree that such disruption shall not amount to a breach of this agreement by us.

 

Nobody would argue that a club needs to decorate, upgrade sections of the gym or equipment and maintain quality. However, a Central London gym with no shower facility for 2 months renders it unusable for folk going to work after the gym.

 

You could argue that their condition 5. D is unfair to you as a consumer - you should not have to pay for m/ship when they fail to provide an essential facility such as a shower.

 

If this were me, I would contact my bank and ask for the May and June DD's to be repaid under the DD Guarantee scheme. The bank should do this quickly without question. Instruct them in writing.

 

I would then write to the gym saying:-

 

They have failed to provide the most basic of facilities, showers. Accordingly you have been unable to use the facilities and made a reasonable request for a refund for May and June's fees.

 

As they refused to refund, you have asked your bank to return the fees under the DD Guarantee Scheme. The membership has already been cancelled as acknowledged by them.

 

If they take any collection activity in respect of the 2 months fees, you will make a formal complaint to Trading Standards, pointing out that clause 5. D of their T&C's is unfair to you as a consumer and is contrary to UTCCR 1999.

 

Perhaps Bankfodder will comment further ..............

 

[JoeyJoeC]

My work pays for it and is asking me to get a refund because I haven't been going (due to the showers). Odd that they never mention this when you sign up. They must have known about it.

 

Yes it is Oxford Street. They did offer to transfer memberships to other Easy Gym's, however this one is within 100 yards of my work place which was a deciding factor and the only reason my work agreed to pay.

 

They also said after that they already offered everyone to be able to use the disabled showers, although I've re-read every email, they didn't mention that once.

 

I know I'm clutching at straws, but the T&C says "“Club” means a facility owned and operated by Fore Fitness Ltd trading as easyGym.". Point 5C says "You acknowledge that to provide the highest standards of facilities, each Club may need to close certain or all facilities temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, that this may disrupt the provision of services to you and agree that such disruption shall not amount to a breach of this agreement by us.".

 

Since they don't own that building, they rent it, isn't it exempt? Although I guess you could say they own the facility as referring to the gym and equipment.

[slick132]

So will you take the actions suggested by contacting your bank and writing to the gym ?

 

[JoeyJoeC]

So will you take the actions suggested by contacting your bank and writing to the gym ?

 

 

Thanks for the reply and looking in to it, but as I said above, it's not my bank, my work pays for it and has asked me to get refunded for it.

[slick132]

Were your 2 fees paid for by your employer by a DD that paid for your fees and others each month, or maybe annually.

 

Or were the fees paid by your employer just for you monthly or annually.

 

If the employer pay for m/ship for many employees, surely they could tell the gym to refund or they'll cancell ALL m/ships with the gym due to their unreasonable behaviour.