My (then) 17 yr old daughter joined a gym November 2011 and paid for a years membership.
She attended the gym twice in the first week and then never again due to medical reasons .This was our bad luck. We sought no refund from the gym.
A year plus later we've received demands for a few hundred euro, being "missed payments" for the second year of membership.
According to the membership agreement " In the first 12 months of membership you can end your membership by giving one months written notice . After the start of the 12th month at least three months calender months notice in writing".
In other words, unless you write well in advance that you won't renew then the gym will automatically renew and charge you.
To be honest, this condition,although in small writing amongst 30+ other conditions, is in plain English. my daughter and wife (who signed the membership agreement) should have properly read .
So I suppose we are obliged to pay another few hundred euros on top of the almost one thousand we paid over a year ago....
But a couple of incidents arose make me loath to pay...
1) In Jan 2012 we got demand emails and letter for "outstanding balance of €93".
After several phone calls from us we were told this was an error and to forget the letter.
2) A few days later we got another letter stating that as my daughter was now 18 there would be a increase cost per month. Again, further phone calls from us finally elicited the same response - this was a also an error and to forget that letter.
During that second argument my wife expressed her anger at the gym's inefficiency and pointed out that her daughter could no longer attend the gym but we were not the type of people demanding a refund etc.
Unfortunately, she did not put this in writing.
That's it basically.
1) Does the gym's twice trying to change the terms of the contract and causing us some distress mean that we can better reject their demands for second year membership payment?
2) Regardless of the gym's behaviour, is the condition that one must pay, unless one writes in advance that one does not wish to renew membership, a reasonable one in law ?
She attended the gym twice in the first week and then never again due to medical reasons .This was our bad luck. We sought no refund from the gym.
A year plus later we've received demands for a few hundred euro, being "missed payments" for the second year of membership.
According to the membership agreement " In the first 12 months of membership you can end your membership by giving one months written notice . After the start of the 12th month at least three months calender months notice in writing".
In other words, unless you write well in advance that you won't renew then the gym will automatically renew and charge you.
To be honest, this condition,although in small writing amongst 30+ other conditions, is in plain English. my daughter and wife (who signed the membership agreement) should have properly read .
So I suppose we are obliged to pay another few hundred euros on top of the almost one thousand we paid over a year ago....
But a couple of incidents arose make me loath to pay...
1) In Jan 2012 we got demand emails and letter for "outstanding balance of €93".
After several phone calls from us we were told this was an error and to forget the letter.
2) A few days later we got another letter stating that as my daughter was now 18 there would be a increase cost per month. Again, further phone calls from us finally elicited the same response - this was a also an error and to forget that letter.
During that second argument my wife expressed her anger at the gym's inefficiency and pointed out that her daughter could no longer attend the gym but we were not the type of people demanding a refund etc.
Unfortunately, she did not put this in writing.
That's it basically.
1) Does the gym's twice trying to change the terms of the contract and causing us some distress mean that we can better reject their demands for second year membership payment?
2) Regardless of the gym's behaviour, is the condition that one must pay, unless one writes in advance that one does not wish to renew membership, a reasonable one in law ?