Advanced paid yearly membership what are my rights

[Zabki]

Hi,

 

A newly opened Yoga places is offering a limited number of yearly memberships if they are prepaid in full. I been there lots the last month, I really like the place, it is convinient and the deal is great.

 

Now the snagg, it must be prepaid in full, now I am being clever so paying it on my credit card for extra protection. I know I am going to use it so it pays of to get it BUT playing devil's advocate what are my consumer rights for a refund if I have an accident in lets say 6 month time and can't use it, or get evicted (not planning to but landlords are sometimes crazy) and move too far away.

 

Could not find aything covering this in their T&C's and the girl on reception seemed very new so she couldn't answer. The nearest in the T&C's were this; "2.10 Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions."

 

So ignoring them and from a purely consumer rights perspective what are my rights to a refund if I have to cancel due to moving or for medical reasons? Is medical reasons and moving statutory rights?

 

Thanks in advance

[slick132]

Hi Zabki and welcome to CAG

 

Paying up-front means almost certainly that you will get no refund, as confirmed in the T&C's - "2.10 Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions."

 

Other threads here are testament to the difficulties gym members have in cancelling where they pay monthly and they stop the monthly DD's. But getting anything refunded where you have paid in advance is highly unlikely.

 

Another point to watch out for - some gyms or clubs who take an annual fee will try to take another FULL YEAR's fees for the 2nd year unless you cancel in writing 30 days before the renewal anniversary. We always say you should oppose any attempt to force you to pay for another full year.

 

[Zabki]

Thanks, I was hoping you'd reply, you've done a lot of good here.

 

The OFT Guidance on unfair terms in health and fitness club arrangements (I'm not allowed to link) seem to state that even prepaid memberships should be refunded on a pro rata basis if I have interpreted that right. I suspect they would not be able to convince a judge to keep it all should it go that far. I know it will be difficult but I have been in court for deposit and salary disputes so I don't think it is impossible as long the guidance/law is on my side and I am not being unreasonable. Which is what I need clarification on.

 

I really don't think it will come to this as I will really use it but I just want to make sure I have a way out in case sh*t happens even if it will be a hard way out.

I re

And thanks for the heads up on the auto-renewal, I will make sure they can't auto draw the money and cancel well in advance if that is my wish.

[slick132]

Hi Zabki,

 

Theoretically, you could reclaim pro rata fees if you had to cancel early due to redundancy, relocation, illness or injury.

 

But, like I said above, they would not make it easy for you.

 

If you pay up-front, make an immediate payment by cheque or debit card but avoid giving the gym your debit card details for a DD mandate or a CPA (continuous payment authority).

 

And make sure you give notice to cancel just over 30 days before the annual renewal date.

 

If you come unstuck, come back here and we'll help you get your money back !!

 

[Zabki]

Thanks, as long as I know I am right I'll be able to fight them. So with peace of mind I have now bought a yearly membership.

 

Paid a one off on a credit card and they do not have the details to auto renew.

 

Awesome forum this is.

 

[slick132]

Once you have all their paperwork, check what they say will happen after the first year is up so you can avoid trouble if you don't want to renew.