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?