Suffering severe damage after seat collapses underneath me and Virgin Active denying responsibility

<p>While I was using a rowing machine for about 4 minutes (on the evening of 03/04/2017), the rowing machines seat suddenly collapsed underneath me, I crashed to the floor, with the seat on top of my safely placed cellphone while all the other customers stare at me in a very busy gym.</p> <p> </p> <p>The shocked Virgin Active personnel rushed to me, asking if I was ok and assisting me. Fortunately, I was physically unharmed but I immediately realised that the seat is on top of my cellphone. My cellphone was crushed. I told the manager (Mariska Bonthuys) who took my details that I was ok, but that I don't have insurance for my cellphone. I told her that I use my phone for my livelihood and that I need it to do business.</p> <p> </p> <p>She assured me that she would do her best in assisting me. I took her word and told her that I would keep the insident to myself and not share it with everybody as long as they could assist me with my cellphone.</p> <p> </p> <p>The next day I immediately took my phone to the nearest Vodacom Repair Shop who quoted my phone as unrepairable due to a broken screen as well as a bended board inside the device.</p> <p> </p> <p>I emailed all the necessary information about the insident to the Virgin Active manager, who said she will forward everything to head Office. (Vodacom Repair Report with images, my phone images, my phones box with IMEI images, I letter explaining the insident)</p> <p> </p> <p>After viewing the CCTV footage herself, the manager admitted that I did not even touch the seat before exercising. I did however ask for a copy of the insident but she refused. She also informed me that the supplier of the equipment also came to inspect the rowing machine and that he finds no faults, but that she saw what happened that that she is on my side. I trusted that all will work out and that she has my back.</p> <p> </p> <p>After many emailed requesting results regarding my claim for damage, I received the first email from the insurance brokers Stalker Hutchison Admiral (Pty) Ltd, informing me that they handle the claim.</p> <p> </p> <p>After providing them when all the information again as well as a confirmation letter from my personal insurer that I did not claim the cellphone from them, the waiting continued.</p> <p> </p> <p>After weeks of waiting and many emails requesting finalization so I could replace my phone, I received a letter yesterday (25/05/2017). Virgin Active chose to take the easy way out. Using fine print in a contract which I may have signed about 13 years or so ago. In the contract, it is written that valuable items should be kept safe in the lockers provided and that they did regular checks on their equipment and that I should try and claim the Cellphone from the supplier of the equipment which is MATRIX.</p> <p> </p> <p> </p> <p>The thing is: Most of the equipment has openings for your cellphone, some even has additional USB sockets for them, there are 100mb free wifi, thus enabling you to exercise with your cellphone. This may be the reason that most of the members do exercise with their cellphone. I do as well, for the most part of almost 22 years. As an adult, I do know where to place my phone, that it would be safe, not getting any scratches or damage. BUT how could I have planned for this? How could I have known that this seat would suddenly collapse? There is no board warning me that this rowing machines seat is unstable or unsecure!</p> <p> </p> <p>I feel that Virgin Active took the easy road on this claim, after weeks of anticipation, they show their no care attitude towards an old, premium fee paying customer of them. Where has the value gone to? Where has sympathy gone to? This claim would not make any difference in their budget at all, but this claim would have saved me from this misfortune and would have reassured me that Virgin Active is the family gym that cares for their customers and their wellbeing as they try to portray. </p>