canceling GYM contract?

what_car

can i cancel gym contract?


hi people , am a member of a gym, i have highlighted issues, of a hygiene related issue, dirty floors, dirt in pool, etc etc..

i highlighted the issue to the gym in question , where they said they would sort it out in about a week,,


over two weeks since them promising to improve cleaning, nothing has changed..

can i get out of my contract, by the fact that they are not living up to the terms of the contract, ie by providing a clean gym.. ie can i say that they are in breach of contract?? and then cancel my contract...

i have kept copies of the emails i sent and their replies and times dates when sent...

any ideas?

Sizzler

Do you pay them monthly by direct debit by any chance ?

what_car

Sizzler wrote:

Do you pay them monthly by direct debit by any chance ?

yes monthly by direct debit..

Del2005

what_car wrote:

can i get out of my contract, by the fact that they are not living up to the terms of the contract, ie by providing a clean gym.. ie can i say that they are in breach of contract?? and then cancel my contract...

i have kept copies of the emails i sent and their replies and times dates when sent...

any ideas?

I doubt that in any part of the contact you signed up when joining the gym they mentioned that it has to be clean, why would they give you an easy way out. I think your best bet you be to use Health and Safety. Send a registered letter stating that unless they sort out your health and safety issues within 1 week of receipt you will be canceling your contract, no idea how much weight this will hold against the contract you signed as they are usually worded against you. Or even better call in the health inspectors on them, then they will be forced to clean up or close down.

what_car

Del2005 wrote:

I doubt that in any part of the contact you signed up when joining the gym they mentioned that it has to be clean, why would they give you an easy way out. I think your best bet you be to use Health and Safety. Send a registered letter stating that unless they sort out your health and safety issues within 1 week of receipt you will be canceling your contract, no idea how much weight this will hold against the contract you signed as they are usually worded against you. Or even better call in the health inspectors on them, then they will be forced to clean up or close down.

do you know what authority or agency i should contact?

Gegerty

How about a medical cert? Most doctors will not ask questions so long as you are paying them €50 for the visit and so long as your request is reasonable. You could tell him you get palpitations after the gym....although that might sound too serious. What about back pain? Thats a hard one to disprove.

what_car

Gegerty wrote:

How about a medical cert? Most doctors will not ask questions so long as you are paying them €50 for the visit and so long as your request is reasonable. You could tell him you get palpitations after the gym....although that might sound too serious. What about back pain? Thats a hard one to disprove.

my health is fine... its the gym's hygiene standards thats the problem.

eth0_

Why did you sign up to the gym if it was dirty?

I would speak to the manager and say if it isn't resolved immediately, you won't be returning.

btw it's not a gym in Dartry, is it?

what_car

eth0_ wrote:

Why did you sign up to the gym if it was dirty?

I would speak to the manager and say if it isn't resolved immediately, you won't be returning.

btw it's not a gym in Dartry, is it?

no its not in dartry.

when i joined it seemed fine, but has gradually gone down hill.
i am having no satisfaction in dealing with the manager there..

Sizzler

what_car wrote:

yes monthly by direct debit..

You're grand so. Just ring your bank and tell them to cancel your DD. If the gym write to you or ask anybody to write to you, just return the mail saying " not known at this address". Trust me, that will be the end of it.

what_car

Sizzler wrote:

You're grand so. Just ring your bank and tell them to cancel your DD. If the gym write to you or ask anybody to write to you, just return the mail saying " not known at this address". Trust me, that will be the end of it.

the annoying thing is that they dont reply to emails ( well havent as yet) and dont return calls.

rubadub

You're grand so. Just ring your bank and tell them to cancel your DD. If the gym write to you or ask anybody to write to you, just return the mail saying " not known at this address". Trust me, that will be the end of it.

Dunno if it is true but I have heard you could be unknowingly blacklisted for future credit. I would prefer them to cancel it freely. Here are some interesting points you could use.

http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0039.html#zza16y1980s39

Sale of Goods and Supply of Services Act, 1980

39.—Subject to section 40, in every contract for the supply of a service where the supplier is acting in the course of a business, the following terms are implied—

( a ) that the supplier has the necessary skill to render the service,

( b ) that he will supply the service with due skill, care and diligence,

( c ) that, where materials are used, they will be sound and reasonably fit for the purpose for which they are required, and

There might be other stuff in there too
http://www.irishstatutebook.ie/plweb-cgi/fastweb?state_id=1190383046&view=ag-view&numhitsfound=339&query_rule=(($query3)):legtitle&query3=sale&docid=39244&docdb=Acts&dbname=Acts&dbname=SIs&sorting=none&operator=and&TemplateName=predoc.tmpl&setCookie=1

rubadub

You're grand so. Just ring your bank and tell them to cancel your DD. If the gym write to you or ask anybody to write to you, just return the mail saying " not known at this address". Trust me, that will be the end of it.

Dunno if it is true but I have heard you could be unknowingly blacklisted for future credit. I would prefer them to cancel it freely. Here are some interesting points you could use.

http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0039.html#zza16y1980s39

Sale of Goods and Supply of Services Act, 1980

39.—Subject to section 40, in every contract for the supply of a service where the supplier is acting in the course of a business, the following terms are implied—

( a ) that the supplier has the necessary skill to render the service,

( b ) that he will supply the service with due skill, care and diligence,

( c ) that, where materials are used, they will be sound and reasonably fit for the purpose for which they are required, and

There might be other stuff in there too
http://www.irishstatutebook.ie/plweb-cgi/fastweb?state_id=1190383046&view=ag-view&numhitsfound=339&query_rule=(($query3)):legtitle&query3=sale&docid=39244&docdb=Acts&dbname=Acts&dbname=SIs&sorting=none&operator=and&TemplateName=predoc.tmpl&setCookie=1

antoinolachtnai

Just cancel in writing giving your reason and stating that on certain dates they promised to improve the state of hygiene, but then failed to do so. Say that they failed to return your calls or return your emails. List out your case as fully as you can.

Is this gym a member of the irish credit bureau? If not, I wouldn't worry about the credit record nonsense. Don't let them hang that over you. If they report you to a credit bureau, you just ask the credit bureau to change the record, and if they refuse, you appeal to the data protection commissioner and/or sue for libel.

The contract terms are subject to being reasonable. It is unreasonable to hold someone in a contract for a service which is rapidly declining in quality.

You can complain to the local environmental health officer, but you won't get a report back from them, although you could FoI it.

Del2005

what_car wrote:

do you know what authority or agency i should contact?

As antoinolachtnai said, contact your local environmental health officer. They will send in inspectors and if the place is as bad as you say they can force them to clean up or close down if they don't.

ircoha

Gegerty wrote:

How about a medical cert? Most doctors will not ask questions so long as you are paying them €50 for the visit and so long as your request is reasonable. You could tell him you get palpitations after the gym....although that might sound too serious. What about back pain? Thats a hard one to disprove.

Post reported

Hitchhiker's Guide to...

sounds like a reasonable enough tread to me ircoha?

OP signed up to gym, not getting what he/she thinks they deserve from the gym. Sale of Goods and Supply of Services Act presumably gives an exit from the contract.

axer

Yes, it is an implied term in your contract that the Gym should be clean as that is a health and safety issue. Write a letter to the Gym stating you wish to cancel your membership as the Gym is dirty.

Sizzler

antoinolachtnai wrote:

Is this gym a member of the irish credit bureau? If not, I wouldn't worry about the credit record nonsense. Don't let them hang that over you. If they report you to a credit bureau, you just ask the credit bureau to change the record, and if they refuse, you appeal to the data protection commissioner and/or sue for libel.

What do you mean 'report' the OP to the credit bureau??? The only way you can be shamed on the credit bureau is if your debt is published. The gym would have to bring the OP to court for that (which will cost a minimum of €500), do you really think they are going to do that?

Be careful when issuing advice to people about this sort of stuff mate. Just because I didnt pay my ESB bill on time last month doesnt mean the credit bureau are going to get wind of it and all of a sudden Im a credit risk.

what_car

antoinolachtnai wrote:

Just cancel in writing giving your reason and stating that on certain dates they promised to improve the state of hygiene, but then failed to do so. Say that they failed to return your calls or return your emails. List out your case as fully as you can.

Is this gym a member of the irish credit bureau? If not, I wouldn't worry about the credit record nonsense. Don't let them hang that over you. If they report you to a credit bureau, you just ask the credit bureau to change the record, and if they refuse, you appeal to the data protection commissioner and/or sue for libel.

The contract terms are subject to being reasonable. It is unreasonable to hold someone in a contract for a service which is rapidly declining in quality.

You can complain to the local environmental health officer, but you won't get a report back from them, although you could FoI it.

well i think the first stage would be to go the road of the environmental health officer, coupled with the fact that i have copies of the emails that i sent, shows that i tried everything within my powers to have the issues resolved before cancelling the contract, on the terms mentioned earlier...


to be honest i have never dealth with a more amateur company in my life,
remember folks , think twice when joining a gym, and if they tie you a 12 mth ( or in some cases a sneaky 14 mth contract dont do it...:mad: walk away.. who do they think they are tying people to 12 mth contracts...

antoinolachtnai

No, the EHO has no role in your contract and will not report back to you. It could be months before any improvements an EHO requires are made. It has to be really unhygenic, not just untidy and messy before the EHO will do much. Anyway, if things have gotten to the EHO stage they have gone too far.

mcaul

Only financial institutions are members of ICB (Irish Credit Bureau) - So only if you miss a payment with any of the members does it show up.

http://www.icb.ie/membership.php

As for the Gym - tell them they are not providing a safe & clean environment and that due to their non performance under the sale of goods act you are cancelling the contract forthwith. Send it by registered post.

If they cause any problems simply tell them that you you are sending a report to Environmental Health in relation to various Hygiene breaches you have recorded at the club.

I'd say that'll be the end of it.