Pretty sure that clause applies to members who have asked for a suspension - not if the gym has suspended it.
Otherwise - that would be a method the gym could use to change membership periods arbitrarily.
So- Did your son ask for a suspension?
My lad took out a 12 month gym contract last September, knowing he would be off to Uni in 2021 and would no longer require the membership after 12 months.
He has just tried to give the required 3 months notice only to be told the original 12 month contract is now effectively a 16 month contract because his membership was suspended due to COVID restrictions.
The contract does mention suspended members must honour their minimum membership period.
Anyone had a situation like this and successfully challenged it?
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Pretty sure that clause applies to members who have asked for a suspension - not if the gym has suspended it.
Otherwise - that would be a method the gym could use to change membership periods arbitrarily.
So- Did your son ask for a suspension?
Did he pay the monthly sub whilst suspended?
I can imagine originally that term was written with the member being the one to request the suspension in mind, however the terms seem to be suitably ambiguously written to allow either party to suspend. I reckon that’s going to be a tough one to argue based on that contract.
I guess - write a firm letter/mail stating that he joined for a set term, with no intention of extending that term, and as such - consider that the notice just given, is valid - as per the terms of the contract when agreed.
(seeing post above - request a copy of the contract and T&C at the time of contract agreement).
What is in clause 8.8?
Did they charge hin £5 for each month of suspension?
Did they send him any documentation saying they were suspending menbership?
Personally I'd make him pay up to teach him a lesson about taking responsibility for contracts he signs & retaining important documents.
Was it a fixed term contract or a minimum term contract? Highly doubt it was fixed term.
Suspension to one side he should have given notice at the same time as signing to ensure it didn't run longer than 12 months. It won't effectively be a 16 month contract due to the notice period as you can give notice on day one.
Really you need the full terms from the contract when it was signed and not the URL to terms online which can be changed at any point in time
8.8 Your right to change, suspend or transfer your membership is waived if you fail to make a payment in accordance with the terms set out in this agreement and your account is in default. The Club may, at its discretion, reinstate any of these rights in the event that your default is rectified to the Clubs satisfaction.
Cancel direct debit and tell them to do one, with any luck you’ll never hear from them again.
I used to manage health clubs for a number of chains and am unaware of any operator ever taking legal action against a former member - primarily because it would likely not be seen as a reasonable contract. Ask to discuss with the club manager and if that gets him nowhere then write a polite but firm letter advising that he has no intention of paying any further monies as the club was unable to provide the contracted service during the period for which it was initially purchased.
The club will have its reputation to consider too.
Assuming he'll still only be paying 12 months (4 months suspended and not charged) I see your son as no worse off having to wait the additional 4 months, knowing his contract will be terminated after the minimum 16-month term (assuming he gives his notice next month, 3 months before). Indeed, he might be able to use the final 4 months of membership, either in the original gym or transfer it to one of their other gyms near the Uni (if there is one).
I guess that is a sort of moral stance - where you ask "why should a company take the hit every time - for covid losses".
I would only expect the T&C of the contract as agreed - to be adhered to.
You see it a lot of people wanting a result outwith the T&Cs with hotel bookings where the hotel is still operating - just that the customer can't get there (or in the case of the IOM TT - no races). People expect refunds even though the terms and conditions of the booking didn't link the accommodation to any other occurrences or events.
The company decided to suspend the payments (from my understanding); They didn't stop the clock. If the contract mentioned a minimum amount for membership that would be paid over 12 months, that would be different, as the required amount hasn't been paid. But if the contract is about a minimum duration of membership, he has effectively been a member for 9 months and has given notice he would cancel his membership after 12 months.
'Against stupidity, the gods themselves struggle in vain' - Schiller.