Gym membership query - have they breached their t & c's?

[tigwig]

My husband joined a gym 2 years ago and subsequently changed his mind after going once and not liking it and never went since! However this is irrelevant ( I think) to my query now. A few days ago he received a letter from the management company who we pay the monthly fees to saying he could now use another gym which is a good 10 mins away from the one he joined. We thought this meant they were expanding and he could use both however I have read in the paper that the original gym he joined has closed without any notice or explanation leaving all members in the lurch! He did sign a 3yr minimum term contract but it states his membership is to the original gym not the new one. Can we now cancel his membership as they have breached their terms and conditions in the contract or can they make us pay for another year which is what is left of the 3yr contract?

[factor-fiction]

Can i check I understand your question.
I think you are saying he had a 3 year membership; he left after going once but has been paying the fees for 2 years; and you are wondering whether the contract is no longer valid (meaning you can stop paying) because the gym has moved to somewhere 10 minutes away (by car?).
Is that the question?

[tigwig]

factor 30 - yes that is what I am asking. I think legally the fact that he only went once is irrelevant, the contract states the name of the original gym and doesn't say anything about being able to transfer it. I will phone the mangement company on Mon but wanted some idea of my rights first.
Lucy the money isn't really an issue as its only £12 a month its more the principal. He definitely rushed into it yes but thats another story! Basically he realised it was a crap and tiny gym after his visit and tried to cancel there and then but they refused so it would be nice to think we can now refuse to pay them the rest of the fees!

[joko]

i dont see why not...you joined that gym presumably because it was convenient etc ...it now isnt so tell them that...if they can no longer provide you with the deal to signed up for then whay should you pay?

they can say no but its worth a try

[Mr k]

For them to have his details you might find they bought the gym or taken it over if the other one got into financial trouble and they took over the membership..
They would of problay of Honored the people who have paid in full so they get nothing.
I would of thought it would of been perfectly legal..

[Coobeastie]

They may well have plastered the old site with notices advising people of the move.

[twix123]

If you still have a copy of the original contract, check to see if it states that they can supply alternative facilities for any reason. I would also suggest that you speak to someone at your local Citizens Advice Bureau for impartial advice.
Good luck

[tigwig]

I still have the original contract yes and it doesn't state they can move facilities at all. I will phone them tomorrow and see what they have to say.
They never had notices about it moving cos there was an article in the local paper about how people had turned up and it was closed! Thats how I found out about it.

[Wak]

LucyThomas, if you don't mind me mentioning it, I think Tigwig came here for a bit of general, friendly advice about a problem and will not be interested in a lesson in the Queen's English at this time!

[Mr k]

Some people having nothing better to do with there time than critisice..
LucyThomas aged 7

[Wak]

How are we supposed to know that LucyThomas7 is only seven????
I thought she was the one being critical when all Tigwig wanted was a bit of advice. about a problem.
Do we take it that Twix123 is 123 years old, then??
I would have thought that a seven year old shouldn't be free to read some of the stuff on a site like this, anyway, but who am I to criticise the way some families operate??

[tigwig]

Well I've phoned them today and they cancelled the contract without question so obviously they were breaching it in the first place so I'm £12 a month better off now whoopee!

[Mr k]

Lol