EB
Eugene B

1 reviews | Active since Jul 2016

09 Feb 2017, 11:48

Beware ofyour safety and those of your loves one!

<p>On Friday the 3rd February at 05h00am I went to Viva Gym Rosebank for a workout. Upon arrival at the gym, I went to the change rooms to leave my personal belongings in a locked up locker.</p> <p>After my workout, which was round about 5h40am, I returned to the change room area, removed my belongings from the locker and proceeded to the shower area to clean up for my daily responsibilities.</p> <p> </p> <p>My bag with belongings was placed exactly 1.2 meter away from the shower that I used. I completed my shower and came out, to find my bag of belongings opened and my personal belongings removed – included was my Apple Iphone, Apple Watch and R500 cash removed from my wallet.</p> <p> </p> <p>Immediately upon the discovery of this, I got dressed appropriately and ran to inform Viva management of what had just happened.</p> <p>Initially they were stunned and were not sure what action to take. I then informed them to please call the South African Police Services and my wife.</p> <p>During this time, it was also made clear to me, that the manager on duty had no rights to view any security footage, as this would be an infringement of the members right of privacy.</p> <p> </p> <p>During this time, we also called COMMISSIONER Steyn of the Rosebank Policy Station, as he is a friend of a friend.</p> <p>Upon arrival of Commissioner Steyn, he immediately asked to have a look at the CCTV footage, and once again this was denied by the manager on duty, for the same reason as mentioned above.</p> <p>He then made it clear that he will arrest her, for obstructing the ends of justice, but we intervened and said, that this does not seem right...</p> <p> </p> <p>All the paper work was done with the SAP and the case number supp**** to us – only after this was done, did the appropriate Viva person arrive at the Gym round about 9h00 and did she say, that she will view the footage. Obviously too late, as the offender could have already left the gym area.</p> <p> </p> <p>So what we are saying, is that Viva GYM and their policies, did not protect our rights as a member during the time that the crime was committed. This is delictual issue, as they did not act timeously and in the correct manner to assist me.</p> <p> </p> <p>My question – if the type of crime was different e.g. Armed *******/****, would they still refuse to assist?</p>

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Replies (2)
Viva Gym
Viva Gym's reply09 Feb 2017, 14:55
Official

Hi Eugene

As we have communicated in our staff's emails and conversations with you, we are very sorry to hear of your loss of possessions. Our COO has been been in contact with our gym manager every day since last Friday to understand where we are in the process and to ensure that we have followed our correct protocols and procedures, and has also been in communication with you via email. Our Manager has been in regular contact with your wife, informing her of our actions.

As far as your loss in concerned, I am afraid that we are going to have to agree to disagree. As a business we simply cannot take responsibility for ensuring that our members 1) insure their personal belongings and 2) use the facilities we provide to safe guard their personal belongings. Meeting you halfway for this, as you continue to request, would not be a gesture of goodwill as you have suggested, but it would intimate that we take responsibility on your behalf, which we do not think is a fair expectation to have of us or any other business for that matter.

This all being said, we understand your loss and acknowledge that you have, for whatever personal reasons, decided not to insure your phone and watch. We have offered a gesture of goodwill to both you and your wife in that we are willing to carry the cost of your membership for the next 2 months to allow you to get this matter resolved as you now have unplanned expenses.

We truly hope that you will be able to understand our position.

Kind regards


Viva Gym SA (Pty) Ltd.

EB
Eugene B's update09 Feb 2017, 15:03
Reviewer Update

As we have corresponded back to you , it is not about shifting the responsibility, but a decision made on goodwill. As the word says, it is goodwill, and not about taking any responsibility. Furthermore, we have now consulted with our attorneys, and we are in the process of instituting legal action against Viva for a delict.