Discovery Vitality & Vitality Mall
Gym rules, illegal contract change

Discovery Vitality is changing the Virgin Active gym rules. The original agreement requires 24 visits per rolling 12 months period. Now they have increased the requirement to 36 visits for all contracts. If you don't meet it they will cancel your contract and re-entry will cost you much more.
Because I am sure that this unilateral contract change is illegal (contravenes the CONSUMER PROTECTION ACT (CPA), section 31 (1) & (3)) I entered into a fruitless e-mail discussion with Discovery.
The pettifogger-clause 10 of the Vitality rules they want to apply: " We may change these rules and the benefit rules from time to time..." contravenes section 51 (1)(a) of CPA if used to change existing contracts.
Now a new allegation of Discovery: A gym contract is a 12 month fixed term agreement. Section 14 of CPA allows us to change the rules after the first expiry.
I have never seen any information that my agreement (entered in 2001) was fixed term and requested evidence from Discovery. The request was bluntly denied (contravenes CPA, section 50 (2)).
I have got the impression it is useless to continue this correspondence with Discovery and I am investigating the options of legal action now.

Company: Discovery Vitality & Vitality Mall
Country: South Africa
City: Headquarter

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