Mun Teng showed me this bulletin from Friendster.
Tuesday night i went to california fitness gym at sunway pyramid. As usual i used the combination padlock to secure my locker room. After 2 hours, when i came back, i was shocked that my belongings are gone, just left my t-shirt and towel.I reported to the gym, n they blaimed me for not using the KEY padlock, and there is a notice sticked at the locker room , n it is written in the agreement that i have signed.
I refered back to the agreement(which normally ppl dun care to read- or maybe they purposely make it so long so that ppl wont read)- YEs it does mention that any losses or stolen, they are not responsible for it.
BUt, it is stated that COMBINATION PADLOCK is not RECOMMENDED…. NOT RECOMMENDED i honestly believe that means it is not Suggested, and which means it is allowed! and we can use it! Dont u agree?? And I believe it is their responsibility to ensure that they provide a SAFE and SECURED environment for GymGoers to workout.
BEsides that, it is very inconvenient for us to bring the key along, esp when ur jogging on the treadmill, and the sauna room restricted metal stuffs. How m i supposed to use a KEY Padlock???? anyway, i requested to view at the cctv, and they said i need to lodge a police report 1st.
I DID that, n they asked me to wait,coz they need to seek approval from HONG KONG HQ thru E-MAIL! i was pissed off… it seems like they are not taking any responsibilities and taking this matter lightly. They also claim that there is no point of me viewing the CCTV, coz the angle of the CCTV is focusing on their workers itself.HEY!!! What’s the point of u having CCTV then?? To check whether ur workers are touching each others at the Front Desk??
I admit, i might have neglected the notice, but still…. i strongly believe that they should take responsibility of us consumers. We paid for such environment after all…
I suffered an estimated RM2000 loss. Wallet- IC, credit card, ATM card (The Thief managed to withdraw all my money), Student ID, Cash RM100) Hand Phone. A book i borrowed from the library(AUS200) and brand new Pants i’ve juz bought. misc.
From what i’ve been told, there are many cases like this b4, but none of them made a police report, n i assume they dun care bout this matter.
Do i have the right to blame the gym?
I need some advice from those who have read this and some support.
Thanks,
RUDD
I’m not going to take sides but in a way it is an issue. As for Mun Teng, she feels that the guy deserves support. Of course I sympathize with anybody who loses such a huge amount of money. As I’m supposed to raise awareness for this poor fella’s troubles(and see if there are any other customers with similiar problems), I’m pretty sure that he will lose in his battle against California Fitness. No offense dude.
Firstly, there was already a notice saying that the combination lock is not recommended. But he used the combo lock anyway. That’s California Fitness’ trump card there already. But he has a point to rebutt as there is also a notice that no metal things are allowed into the sauna. This is a lose-lose situation.
However, California Fitness will still have the upper hand as I’m sure any respectable fitness centre(or carpark etc.. wherever expensive items are temporarily placed), there will surely be a notice that says, “Use locker/Park car at your own risk.” The company is immediately free of any responsibilities. Or are they? I mean to what extent does the company need to be responsible for their customers’ losses?
The guy is obviously frustrated by all the red tape that he had to go through in order to find the culprits(albeit, unsuccessfully.). I would too.
So what do you think? Does it seem as if the fitness centre took the matter lightly or would it still be the customer’s fault?
and how did the thief managed to withdraw the money from the ATM? Must hv used an easy pin like bday and such. Kinda sad about his loss tho
I am not a law student, but as far as I know (at least in the UK), under Consumer Law, no disclaimer can dismiss any rights from the consumer. Hence, even if the gym or car park stating items left in the locker or the vehicle parked in the carpark are at the owners’ own risk, is not a valid way to avoid responsibilities.
I agree with Bherng. Disclaimers do not work in public places like these. AND it is the responsibility of the reps of the premise to bring such disclaimers to the attention of the consumer (disclaimer boards included such as those in Celebrity Fitness)…I read it somewhere. Should be at PASIM. Someone should do something about this or else fitness centers will end up bullying us consumers. It’s just like how they’re not responsible for any injury suffered by your friend (you as referral) in their premises and that you, as the referral would incur any of their legal costs if a case is brought against them. Awesome
Well, even if the gym is not liable for the losses(i.e. does not have to pay for his losses). I think they should at least be courteous enough as to aid him in every way possible to find the thief. I mean, what if it is a recurring problem? So what? It’s okay that their customers get robbed while they pay top money to exercise?
I mean, it’s not exactly good PR to leave your customers on the lurch? Customer’s king right? heheheh.
That’s why you see car parks having “Park at your own risk” signs…
companies are more powerful than the individual consumer. Customer may be king, but then again, you’re probably not worth rm2000 to them as an individual with your membership…
I say lodge a report to The Star. =D
The Star = everybody listen to what it says.
This post reminds me of my contract law case studies… *sigh* exams exams.
anyway, as long as the notice/agreement as to CF being not responsible for losses, and even not recommending a key lock, no matter how frigging long, was presented, AND made sure noticed (for example don’t put the notice under a chair or something wtf), and to place his property in the locker at his own risk, by the guy before he used the locker… then whether he decided to read it or not doesn’t matter.
it’s his negligence in his part for not reading the notice. furthermore, arguing about whether he used a key lock or combination lock based on their recommendations doesn’t really matter, since they did say they would not be responsible for any lost property.
I think the legal point here is whether or not the notice was obvious enough to the victim that it (notice) was for terms of use on the locker. I’m guessing it most probably was.
Well, while Mervyn has a point there about not reading it, I think the fact that they cannot bring metallic items into the sauna somewhat makes the clause disputable.
But then again my contracts was just a summary of it, not an in depth, detailed study.
The victim may lodge a claim at the Consumer Triunal or Tribunal Pengguna as it is commonly known. The disclaimer would not be valid if he goes to the tribunal. I am sure the Tribunal will order the Gym to compensate his loss.
Literally.
Wtf is the cctv facing the workers for? And if burglary of the lockers is a recurring problem, shouldn’t something have been done about it ages ago?
True, he signed the agreement and combo locks were not recommended. But the whole thing about metal objects in saunas and such, there is a valid point being made.
The whole thing about lodging a police report, having to consult their superiors in HongKong via email (for GOODNESS’S SAKES!!!!), la la la, it’s basically a way of frustrating the customer so much that they would give up the fight to get compensation. Call it red tape? Why not call it the official way to lose customers.
Frustration in the person’s case, IMHO, stems from the fact that the staff are doing bloody nothing to help the poor guy out. For goodness’s sakes, RM2000 is a heck of a lot of money to lose. If one of the staff was to lose that amount of money, s/he would turn the whole place upside down to find it.
Sheesh. What a shit gym that is.
tan: yup, it really does. =D but i prefer defending the underdog for the sake of fun.
my motorcycle recently got stolen. i’m sorry to say that it’s always our own fault that our stuff disappears.
it’s common that whatever service we use, often they provider won’t be responsible for any losses.. which in a consumer’s point of view – it’s so wrong.. anyhow.. in this case, the dude obviously is at fault, but the company shouldn’t just throw out their responsibilities like that.. it happens in their place and they should in any way, try to assist the victim as much as possible. Or else, would would anyone pay so much for those services – it’s expected of them to help us, not like we’re asking them to pay us back, duh! It’s negligence! sue them sue them *chants* hahaha..