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A consumer has a membership for a gym that has temporarily closed for a month for refurbishment. They have offered temporary access to another of their gyms but this is on the other side of the city and not convenient for the consumer.

The consumer has asked for a partial refund to cover to closure period, as they have been unable to use the services they are paying for.

The gym is refusing to provide a refund, saying:

Whilst we appreciate your frustrations, it is not a decision that we take lightly. We regularly invest in our gyms to keep them looking and running their best. We do occasionally close our gyms for regular refurbishments and getting the latest kit in our facilities or on other occasions it is a unplanned closure which usually is an emergency closure due to many unprecedented reasons.

We provide temporary gym access to the nearest available gym in terms of capacity so to avoid overcrowding. I am afraid, as per the membership agreement "We will endeavour to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.

What are the consumer's rights in this instance regarding a refund, in light of the gym's response, specifically around the membership agreement?

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    Have you read the membership agreement that you signed when you joined the club? I would not be surprised if this case is covered there.
    – jwh20
    Commented Nov 23, 2022 at 0:17
  • In line with jhw20's comment, your post reproduces the gym's response, but what matters is what the actual membership agreement says. Is the gym's representation of the agreement accurate? Commented Nov 23, 2022 at 12:39
  • Unfortunately yes
    – user42151
    Commented Nov 23, 2022 at 20:18
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    Can you add a jurisdiction? Commented Nov 24, 2022 at 17:05

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Your have the right that you agreed to in the contract

Specifically: "You agree that you will not be eligible for any refund for the temporary interruption in services during the period." Assuming that is what is in the contract you signed then that is your right.

In fact, it appears that the gym has gone beyond what it is contractually obliged to do by giving you access to another facility.

Your right to freely enter or not enter into a contract is one that courts take very seriously. Your buyer's regret after doing so, not so much.

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  • You're right. This is a kind and considerate corporate. Thank you
    – user42151
    Commented Nov 23, 2022 at 20:19
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    Could this depend on the jurisdiction? In some parts of the world consumer protection steps in to protect consumers from the consequences of bad deals. Commented Nov 24, 2022 at 17:05

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