3 Months Full Membership
SPA AT THE LANDMARK LONDON MEMBERSHIP TERMS & CONDITIONS
These terms and conditions’, together with documents listed in
paragraph 1 below, form a membership contract between ‘you’ (the member or
members named below) and ‘us’, The Spa at The Landmark London (the ‘Contract’).
If you are joining as a joint member, each joined member who signs below will
be individually bound by this Contract. If you have any questions about these
Conditions or any of the other documents forming part of the Contract, please
ask us.
Please initial where marked throughout and sign at the end of
these Conditions. If you need us to make any changes to the Contract, please make
a request in writing so that we can avoid any misunderstanding.
This direct debit Contract is a rolling contract with an
initial minimum 12-month commitment period. Your membership Contract will
automatically continue on a month-to-month basis unless we or you end it. For
memberships on a rolling monthly contract, one month's membership fee is
payable in advance upon joining. This advance payment will be credited back to
the member upon completion of 12 consecutive months of membership, provided the
membership account remains active and in good standing throughout that period
If you have paid upfront for your current 3 months or 12
months’ membership period a set expiration date will apply.
1. The Contract between you and us
a. Bronze or Gold member
As well as a signed copy of these Conditions, you should also
have received: A Welcome Pack with a pre-exercise questionnaire and Information
about the Spa at The Landmark London.
As a member, you agree to follow the rules of membership
relating to using the Spa and your behaviour in our Spa.
If you do not have any of the above documents, please ask us
for them. It is important that you have read and understood all of the terms
and conditions of the Contract before you sign these Conditions.
You will also have to follow other conditions which apply to
your membership type.
b. 3-month membership
Valid for 3 consecutive calendar months.
2. When will my membership start?
Your membership will start on the membership start date set out
in your membership application from (‘membership start date’) as long as:
a. You have signed these Conditions and your membership
application form;
b. You have filled in a pre-exercise questionnaire, which we
are satisfied with; and
c. We have received your joining fee and your membership fees
(as set out in your membership application form).
What happens if I change my mind and want to
cancel my membership?
As long as you have not used your membership, you can write and
tell us that you want to cancel your membership, within seven working days of
signing these Conditions. If you do this, we will not refund any joining fee
but we will refund any membership fees which you have paid to us. We will do
this when you return your membership card, gifts and any other documents we ask
you to return including complimentary passes.
If you have used your membership within the 7-day period a day
use rate will apply which is £100 per visit a day which will be deducted from
your refund.
If you cancel after 7 days, your joining fee is non-refundable;
1 month notice period will apply.
How long will my membership last?
a. As a Direct Debit member, you will be committed to a 12-month
commitment period. Your monthly membership will automatically continue on a
month-to-month basis unless you give us 1 months’ notice or we end your
membership.
b. If you have paid upfront for your current 3 or 12-months’
membership a set date for expiration will apply.
d. Can I suspend or freeze my membership?
The membership can be frozen under medical grounds only, a
doctor’s letter will need to be provided.
You will not be able to use the spa during any freeze period
and you cannot freeze your membership if you are late paying your membership
fees. When your freeze period ends, your membership type and rate will
automatically return to what they were immediately before the first day of your
current freeze period.
3. Membership fees
a. Joining fee
You must pay the joining fee shown in your membership
application form when you sign these Conditions. We will not refund the joining
fee, except as set out in these Conditions. If we or you end your membership
for any reason and you want to re-join, you will have to pay a new joining fee
at that time.
b. Membership fees
As a member at the Spa at The Landmark London you are
personally responsible for paying us the membership fees set out in your
membership application form when they are due, except as set out in these
Conditions or as a result of a specific promotion or per that means you do not
have to pay them in full or in part.
As a monthly member, your membership fees are due for each
calendar month (except as set out in these Conditions or as a result of a
specific promotion or per that means you do not have to pay them during this
period.
Membership fees and other terms (for example, age conditions or
hours of use) vary depending on your category of membership.
You must pay the current membership fees and follow all other
conditions which apply to the spa and the type of membership available. If you
join on any day other than the 1st of the month, we will work out your
membership fees for that month according to the number of days left in that
month.
You will only pay your membership fees either:
- By monthly direct debit for the relevant month; or
- By credit card or debit card each year for the relevant year.
We do not accept any other form of payment for monthly
payments. If you pay monthly and the direct debit on your membership application
form for your membership fees is cancelled by you or the person paying it and
your membership fees become overdue, we may refuse your entry into the spa
until you set up a new direct debit and you pay any overdue amounts in full.
c. Changes to membership fees
We regularly review our membership fees and may change them
from time to time. We will give you at least 45 days’ notice of any change, and
the date from which the change will apply, by writing to you at the postal
address we have on our records. If you do not want to accept an increase in
your fees, you may end your membership as set out in paragraph 6. If you do end
your membership for this reason, you must continue to pay your membership fees
(at the rate which applies immediately before at the proposed increase) until
the end of the notice period which applies. If you do not end your membership, you
will have to pay the new membership fees from the dates when the change
applies. We will change your direct debit payments to reflect this. If you or
we end your membership for any reason and you then re-join, you will have to
pay the joining fee and membership fees for at the time you re-join.
d. Other membership fees and charges
You will have to pay various other non-refundable membership
fees and charges if you want to take advantage of services and facilities, such
as £20 replacement membership card fees. All fees are set out in the spa price list
(ask at your spa for details of these fees and an up-to-date price list).
4. Can I transfer my membership to a different
type of membership?
Yes. You can transfer your monthly membership to another type
of membership at the end of your 12-month commitment period. To do the above,
you must: email or write to us before the 5th of the month (to start the next
calendar month).
5. If you are late paying your membership fees
If you fail to make payments due under this Contract, we may
contact a credit reference agency or other organisation to help us get payment
from you. We will only do this after we have written to you asking for payment.
We will add a fee of £50.00 to the amount you owe to cover our reasonable
administration costs if we contact a credit reference agency. We will charge
this fee each time we contact a credit reference agency, unless the missed
payments are your bank’s fault. We also have the right to suspend your
membership (and refuse you entry to the spa) until you have paid the full amount
you owe (including any administration fees) and the right to take legal action
to claim the amount you owe.
6. How can I end my membership?
a. Ending your membership under normal circumstances
You may give us notice to end your membership at any time after
your 12-month minimum commitment as a direct debit member by emailing to us or
give us notice in writing. You must give us 1 month notice, we must receive
this notice no later than the 24th day of a calendar month if you want to end
your membership on the last day of the following month.
If we do not receive this written notice by the 24th day of a
calendar month, your membership will automatically continue to another calendar
month unless you or we end it.
If you have paid upfront for your 3 month’s or 12 months’
membership, 1 month cancellation notice still applies and cancellation will be
effective same day following a full calendar month.
b. Other reasons for ending your membership before the
commitment period
You cannot end your membership in any other circumstances
before the end of your one-month commitment period. However, if you would like
to end your membership early due to other reasons beyond your reasonable
control that prevent you from being able to use our spa (for example, you move
to another area), please provide us with reasonable evidence (for example, a
utility bill from your name and new address) and we will take this into
account.
If you end your membership as a result of any change set out
above during your commitment period and you pay your membership fees each year
for the following year; we will refund to you any membership fees you have paid
for the period after the date of your notice to end membership. If you pay
monthly, you will not be responsible for any membership fees for the rest of
your one-month commitment period.
REASONS FOR ENDING YOUR MEMBERSHIP WITH US
We may end (or suspend) your membership in the following circumstances
by writing to you at the postal or email address we have on our records:
- If you seriously or repeatedly break the terms of this
Contract and you do not put this right (if this is possible) within 7 [working]
days of us giving you notice that we will end your membership.
- If we reasonably think that allowing your membership to
continue would be dangerous to, or would have any kind of negative effect on
you, the spa, other members or our staff. This might include, for example, for
health & safety reason, incident where you abuse the services we provide,
or if you have been abusive, threatening or violent towards another member or
our staff, or have been involved in vandalism or illegal activity or you allow
someone else to abuse the services we provide.
- If any part of your membership fees is not paid in full
within 30 days of falling due.
- If you give us details which you know to be false when
applying for membership and these false details may have reasonably affected
our decision to grant your membership.
If we end your membership for any of these reasons, we can keep
part of the money you have paid to us under these Conditions to cover any reasonable
costs we have to pay as a result of you breaking the terms of the Contract. If
we end your membership as a result of point 3 above, unless we have a waiting
list and people are waiting to join the spa at that time, we also have the
right to claim from you and add to your debt the fees due for the whole of the
calendar month in which we end your membership.
7. Changes to these Conditions or the spa rules?
Details of the current opening hours and facilities are
available on our website. We may sometimes need to change our opening hours or facilities.
If we need to do this we will, where reasonably possible, display notices in
the spa telling you about the change at least two weeks before the change takes
effect.
We can make reasonable changes to these Conditions or the spa
rules at any time for security, legal, regulatory or operational reasons. We will
give you at least 45 days’ notice of any changes by displaying the new
conditions or spa rules in our spa. If any change to these Conditions or the
spa rules significantly reduces the benefits of your membership, you have the
right to end your membership under paragraph 6.
8. How you should contact us?
You must send any written notice or form (for example, any
notice to end membership) by email or by post, through our website or hand deliver
it to reception at the spa. You must address the notice or form to the Spa
Manager. Full contract details are available from reception at the spa. Only
notices delivered to us in one of these ways will be considered valid under
paragraph 6.
9. Our responsibility to you.
At times we may need to temporarily stop providing certain
facilities, including for the purposes of cleaning, improvement work, repairs, upgrades,
maintenance, special functions and holidays. If the swimming pool or the
gymnasium is not available for more than 10 days in a row, you can ask us for a
credit against your membership fees for the period the facility is not
available.
10. The small print
We may transfer our rights or obligations (or both) under this
Contract, or subcontract our obligations under it, to another organisation without
giving you notice and you will continue as a member. If the other organisation
fails to provide the same (or equivalent) facilities and services we provided,
you may end your membership by giving us written notice. If you do this and
have paid upfront for your current 12 months’ membership, we will refund to you
any membership fees for the rest of the month you have paid for (including your
one-month commitment period, if this applies) after the other organisation took
over our rights or obligations (or both) under this Contract.
If you do this and pay monthly, we will refund to you any
membership fees for the rest of the month you have paid for (including your one-month
commitment period, if this applies) after the other organisation took over our
rights or obligations (or both) under this Contract.
The laws of England and Wales apply to this Contract and the
courts of England and Wales will decide any disputes arising in relation to it.
If we fail to enforce any of our rights at any time, for any
period and for whatever reason, this will not take away those rights. Also, if
we fail to notice or act if you break any of the Conditions of this Contract,
this does not mean that your behaviour is acceptable. If a court of law decides
that a Condition of this Contract is not valid or cannot be enforced, that
Condition will not apply but this will not affect the rest of the Contract.
Except where allowed under this Contract, neither you nor we
may alter the terms and conditions of this Contract without the written agreement
of the other.
You must keep us up to date with your contact details by
writing to us. If we do not receive a change of circumstances form from you and
your contact details change, we will send any notice to the email or postal
address we have on our records and this will be considered valid notice to you
under these Conditions.
11. Your personal information
We take the privacy of our members seriously. This paragraph
explains the ways in which we use your personal information. If you have any request
about your personal information, please contact the spa. We will collect
personal information from you through your membership application form,
pre-exercise questionnaire, any information (including personal information)
that you provide for other services (for example, personal training sessions).
The information we collect may relate to your physical and mental health or
condition.
We can keep, for a reasonable time, copies of all documents and
information you have provided as part of your membership application and as a
member, even if we refuse your application for membership or if you or we end
your membership for any reason. This includes information relating to your
physical and mental well-being as shown on the pre-exercise questionnaire provided
to any of our staff. We will keep any information relating to your well-being
confidential and will not reveal it to anyone else (other than to an
organisation which takes over our business or to which we transfer our rights
and obligations under this Contract) or use it for marketing purposes.
We may give your personal information to our business partners,
those who take over our business and suppliers we ask to provide services on
our behalf which relate to this Contract (including a credit reference agency
or other organisation we ask to recover payments from you).
Do not sign below until you have read these Conditions and the
other documents listed in paragraph 1a. If there is anything you do not understand,
please ask us for an explanation before you sign below.
If you are under 18, a parent or guardian will need to sign
below to give their permission for you to become a spa member. Your parent or guardian
will be responsible for your obligations under the Contract and must sign below
to say they accept these Conditions and the spa rules on your behalf, and to
accept responsibility for your behaviour, actions and failure to act in line
with this Contract. In particular your parent or guardian will be responsible
for paying all payments due under your membership. You agree that your parent
or guardian will be the only person we will discuss your membership with unless
they authorise another person (including you).
The contract between you and us will come into force when you
sign these conditions (even if the Spa at The Landmark London Representative is
not named or does not sign).