Covid cert and public pool and gym

is_that_so · 14-12-2021 09:09AM

https://www.boards.ie/discussion/comment/118318066#Comment_118318066

That's a very best case scenario for someone who is now suddenly motivated enough to get a jab in Christmas week. This cert measure is part of the fear over Omicron and is part of the package that includes entertainment and outdoor events. They will move on lifting that as soon as they can.

RacoonQueen · 14-12-2021 09:36AM

https://www.boards.ie/discussion/2058221932/covid-cert-and-public-pool-and-gym

It is not discrimination, but anyway you're probably better off asking in the legal forum.

Sleeper12 · 14-12-2021 09:51AM

https://www.boards.ie/discussion/comment/118300146#Comment_118300146

The T&Cs of the gym haven't changed at all. They are exactly the same as before. It's a government / health requirement & not a Gym membership requirement. There is a big legal difference between the two.

If the gym has any cop on they will extend his membership for the length of time the vaccine requirement is in place. This way OP wont lose out on any paid gym membership months. That's assuming they aren't suffering from long Covid by then

hollypink · 14-12-2021 09:57AM

I don't know the answer to your question but just to mention that you should still be able to use the pool without a covid cert as the restriction excludes pools (no idea why) :

Since Tuesday 7 December, a COVID pass (vaccine or recovery certificate) is also required for:

gyms and leisure centres (excluding access to swimming pools or standalone swimming pool facilities)

14-12-2021 09:58AM

https://www.boards.ie/discussion/comment/118318178#Comment_118318178

Nope. The Equal Status Acts are far more broad then that..

https://www.ihrec.ie/guides-and-tools/human-rights-and-equality-in-the-provision-of-good-and-services/what-does-the-law-say/equal-status-acts/

Balmed Out · 14-12-2021 09:59AM

Yeah seems ridiculous but to satisfy law they can still allow access to pool but not sauna etc

14-12-2021 11:02AM

https://www.boards.ie/discussion/comment/118318477#Comment_118318477

They haven’t changed in paper but changed in practice. The OP cannot be expected to pay for a service that they cannot access.

Markus Antonius · 14-12-2021 01:57PM

https://www.boards.ie/discussion/comment/118318477#Comment_118318477

Yes long covid or maybe someone's granny might get it. So many things to fear. 🙄

You talk so informally about the restrictions as if they are so natural and commonplace. These restrictions are unprecedented, and if they don't get worse than they are now, I expect the courts will have a backlog for decades with legal action from people/businesses suing the government for the mess they've made.

Sleeper12 · 14-12-2021 10:13PM

https://www.boards.ie/discussion/comment/118318773#Comment_118318773

Er, no. The gym's T&Cs haven't changed at all. Government health regulations have changed. You can be sure that the owners would love to let everyone in. Vaccine or not. It isn't the gyms fault. Having said all that the gym should offer to extend the membership free of charge by the length of time that government regulations are stopping OP from attending the gym. A well run business would go further and throw in a few extra months free

15-12-2021 02:18AM

https://www.boards.ie/discussion/comment/118322521#Comment_118322521

Just because they haven’t changed their T&C on paper doesn’t mean it hasn’t been changed in practice. There is no service provider that can charge customers to pay for a membership while simultaneously refusing them access to that service based a condition that did not exist when they signed up for membership.

The onus is on the Gym to take it up with the Government, the customer is entitled to a cancellation or refund, why should they be expected to pay for a service that they cannot access?

bokale · 15-12-2021 02:31AM

https://www.boards.ie/discussion/comment/118323445#Comment_118323445

Harsh for the gym to have to pay back due to Government regs though. Especially seen as the blocker is an easily available vaccine. These businesses were shut for a while and now being messed around by antivaxxer nonsense. Shame.

Strumms · 15-12-2021 03:06AM

If I turn up at the gym tomorrow with no clothes on, I’ll not be admitted ..... health and safety, primarily the issue, rightly so...if someone else was wearing stilettos, same, no entry...health and safety...

not wearing a mask is a health and safety issue, don’t wear one don’t get it, don’t get in..

they are very clear although the management are not altogether completely competent in its enforcement....but the signs say... no mask / no sweat towel = no workout...

same signs in pool changing area

Lumen · 15-12-2021 06:24AM

Ask yourself what outcome you're looking for.

If that's access to the gym without a COVID cert, when a COVID cert is legally required, that's not going to happen. The gym would be breaking the law, and whatever your contract with them says, it can't bind them to do something illegal.

If you want your money back that may not be a problem, but take that up with the gym. Until they've refused there's no point in considering legal action to get a refund.

If your idea is that it's the COVID cert legislation which is illegal, your recourse is against the State. Good luck with that.

It is is logically impossible for the COVID legislation to be legal but the gym to be acting illegally in applying it.

Sleeper12 · 15-12-2021 10:25AM

https://www.boards.ie/discussion/comment/118323445#Comment_118323445

T&Cs haven't changed at all. Back in the day you could smoke in gyms. The day the government made this practice ilegal didn't alter the T&Cs at all. I doubt you will see smoking mentioned in the T&Cs. All T&Cs are subject to local laws, bylaws & health regulations. The gym haven't imposed any restriction an OP. The government have imposed the restrictions.

I'll say it for the 3rd time: the gym will have to extend OPs membership free of charge to make up for the months that they aren't allowed to use the gym due not having a vaccine. OP will NOT be charged membership months for this time. They are intitled to a longer membership to make up for this time.

15-12-2021 01:46PM

https://www.boards.ie/discussion/comment/118323966#Comment_118323966

I don't accept the smoking analogy. A more accurate one would be if Gyms refused entry to smokers because the Government has passed a decree with little to no parliamentary oversight stating smokers are not not allowed use certain services and people were required to show proof that they were a non smoker to enter Gyms, Restaurants etc.

Smokers are still allowed to enter Gyms and Restaurants but not smoke on the premises.

15-12-2021 01:48PM

https://www.boards.ie/discussion/comment/118318497#Comment_118318497

But it's also not limited to the Act.

15-12-2021 01:51PM

https://www.boards.ie/discussion/comment/118323456#Comment_118323456

Also, harsh for the customer to be expected to pay for a service they're prevented from using for breaking no law or committing no crime merely for exercising their Constitutional right to bodily integrity and to refuse medical treatments without being forced to explain themselves to the authorities or their neighbours.

Lumen · 15-12-2021 01:59PM

I get the sense that you're not really looking for varied opinions, but confirmation that you have been wronged.

bokale · 15-12-2021 02:00PM

https://www.boards.ie/discussion/comment/118325038#Comment_118325038

Their right to being awkward haha.

Sure hopefully they can all come to some agreement that makes everyone happy.

15-12-2021 02:16PM

https://www.boards.ie/discussion/comment/118323484#Comment_118323484

None of those have anything to do with a persons right to refuse a medical treatment that they don't need or want.

whippet · 15-12-2021 02:32PM

https://www.boards.ie/discussion/comment/118325189#Comment_118325189

Actual public health advise would disagree with you. And that is what government is basing it’s regulations on. The government has to take advice from somewhere and you can be sure it isn’t from those who say they ‘don’t need or want’ a vaccine.

Nobody has been forced in to taking a vaccine .. just like no one is forced to smoke - but for public health reasons the government have said that neither smokers or unvaccinated should be indoors with everyone else.

15-12-2021 03:03PM

https://www.boards.ie/discussion/comment/118325280#Comment_118325280

Which public health advice?

- Don't wear masks. Do wear masks.

- Antigen tests are snake oil. Antigen tests are mandatory.

- Don't vaccinate children. Do vaccinate children.

- Two doses. Three doses. Four doses.

Also, smokers can go anywhere they want including Gyms and restaurants?

whippet · 15-12-2021 03:21PM

https://www.boards.ie/discussion/comment/118325536#Comment_118325536

I get it - you don't trust the science and don't trust the government .... I personally think the government have made a total balls of this from the start - especially from a communications point of view.

But this is an evolving situation - there is variants that were not around 12 months ago ... only 5% of the African continent is in any way vaccinated - so what is good advise 12 months ago may not be good advice today.

But I know it's a futile job trying to change your mind so - I'll agree with you .... you are being discriminated against, get on to a really good lawyer like Tracy O'Mahoney and support from Ben Gilroy with expert advice from Prof Cahill ...then get running to the high court and your kids will never have to work a day in their lives again.

Sleeper12 · 15-12-2021 03:39PM

https://www.boards.ie/discussion/comment/118325015#Comment_118325015

Ah I think I understand why you continue to incorrectly state that the Gym have changed their T&Cs. You believe that the government has no power to restrict non vaccinated people to gyms & pubs. That's a very different argument & not what OP has asked. The gym are implementing government restrictions. You also continue to say that the gym can't restrict a members access & continue to charge them. First off They aren't continuing to charge OP. OP for some very strange reason paid for a year in the middle of a pandemic when gyms were likely to be closed most of the year. So long as the gym extends OPs membership by the length of time that they are denied access on public health grounds then OP isn't losing anything that they paid for.

It's not helpful to state that T&Cs have been altered just because you don't agree with the public health measures decided by the government. If you knew anything about T&Cs you'd know this isn't true. IF the T&Cs were changed then OP will win hands down in a small claims case BUT so long as OP gets the 12 months they paid for (even if it takes 2 years) then they don't have a case.

15-12-2021 04:17PM

https://www.boards.ie/discussion/comment/118325869#Comment_118325869

If vaccination is a condition of membership, the Terms & Conditions have changed. I don't know how much clearer I can be.

15-12-2021 04:27PM

https://www.boards.ie/discussion/comment/118325869#Comment_118325869

The only reason why you would invoke those people you mentioned is to try and label me as "anti-vax". At this point, the functional definition of "anti-vax" is the same as "grifter," "conspiracy theorist," "white supremacist," "contrarian," "misogynist," i.e. a person who questions or defies liberal orthodoxy. That's how it can apply to those who advocate vaccines and restrictions. This is such a well know script that it is indeed deserving of the name cliché and I pin that accusation on you, because that's what you're resorting to.

The Government has the power do almost anything at this point because we are being governed by emergency legislation. We see this in countries around the world like China, Brazil, Russia where Governments legally pass laws to circumvent democratic conventions, that doesn't mean that we should.

bokale · 15-12-2021 04:29PM

Does anyone have a copy of the terms and conditions and we can see if they changed?

What gym was it?

Boggles · 15-12-2021 04:42PM

https://www.boards.ie/discussion/comment/118326253#Comment_118326253

It doesn't exist, the thread was started by a burner account to give a platform to the 'But, But, Me Fraydumbs" brigade.

The reality is the vast vast majority of people in gyms and elsewhere are vaccinated and they don't want some malcontent who has Bitchute'd themselves retarded anywhere near them.

The Nal · 15-12-2021 04:47PM

https://www.boards.ie/discussion/comment/118326317#Comment_118326317

"Bitchute'd themselves retarded". lol. Im nicking that.

There was a noticeable drop off in attendees in my gym from last week. Pool is almost empty. Love it.

Sleeper12 · 15-12-2021 05:12PM

https://www.boards.ie/discussion/comment/118326189#Comment_118326189

It's not a condition of membership!!! OP is a member of the gym. It's not safe for OP to be indoors with other people. For their own safety & to reduce the strain they are putting on our hospitals the aren't allowed indoors in many venues. An organ transplant was canceled only a few weeks ago due to the strain unvaccinated are putting on our system. This doesn't effect the T&Cs of his membership, no matter how many times you say it does.

Do you really think someone took out a years gym membership in the middle of the pandemic knowing that they would be shut for most of this year & maybe again next year? All gyms are doing monthly memberships at the moment.This thread is a feeble excuse to start a Covid vaccine thread in the hope that it doesn't get merged with the big thread. If genuine then it's not really suitable for this forum. It's a consumer affairs issue.

You should take a little break there my friend. I'm not trying to make out you are an anti vax nut as you suggest but you may be coming across as one with your comments?

Covid cert and public pool and gym

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