Unable to cancel gym membership contract in light of Coronavirus

Marble456

Signed contract for initial 1 year membership at local gym/Spa last December. On freeze at moment and having to pay £10 pm for basically nothing, also whilst on freeze these months don't count towards my 'initial period'.  Having inspected changes made in light of Covid-19 still don't feel happy/safe to go back and want to cancel.  Since starting up again they have introduced a new booking system. Everyone is required to download an app and set up an account with a third party who controls the booking, agreeing to share all personal information with them. If I refuse to share and dont  download the app and ask to book via reception I'm told reception puts me onto the app anyway from their end.  Does this new system constitute a change in the conditions I signed up for thus allowing me to cancel my contract early. 

Niv

I would say no it isn't. They have changed the way to book a space, I don't see that as a significant enough change to justify early cancellation. 
I am sure someone will be along in a moment to correct me 

Marble456

Sorry just to clarify the above, £10 per month is the freeze fee, my actual gym membership is £70 per month so they won't let me cancel until I've paid a further 8 months at the full fee (8 x  70 = £560).  The months they were closed for lock down didn't count either. 

bradders1983

They cant have it both ways and ask you for 8 x 70 when you were paying tenners whilst closed, so it should be 8 x 70 minus the £40 (?) you paid whilst it was shut.

Marble456

Niv said:

I would say no it isn't. They have changed the way to book a space, I don't see that as a significant enough change to justify early cancellation. 
I am sure someone will be along in a moment to correct me 

Thanks for that.  My concern is that I'm agreeing to share my personal details with another company (Large multinational company) who have designed and are running the booking system for them.  I signed my contract agreeing to share my information with the gym club, not another third party?  

[Deleted User]

In that case, they will just need to update their privacy policy, if it wasn't already allowed for.  It's not uncommon.

bradders1983

Marble456 said:

Niv said:

I would say no it isn't. They have changed the way to book a space, I don't see that as a significant enough change to justify early cancellation. 
I am sure someone will be along in a moment to correct me 

Thanks for that.  My concern is that I'm agreeing to share my personal details with another company (Large multinational company) who have designed and are running the booking system for them.  I signed my contract agreeing to share my information with the gym club, not another third party?  

Not really much different to pubs and restaurants who are now using third party websites to collect track and trace details.

Marble456

OK thanks all for your help

Thrugelmir

A £10 freeze fee seems reasonable. There's fixed costs that need to be paid for.  Your choice whether or not to use the facilities available to you. Alternatively continue with the full fee then you'll be able to exit the contract quicker. Covid maybe around for a lot longer yet if that's your underlying concern. 

unholyangel

If you'd cancelled in response to them being closed, that would be a good position to be in. 

Now though, you should be able to cancel for December - unless you were the one to request your membership was frozen. They can't extend your minimum tie in period just because they were in breach of contract and unable to perform their contractual obligations, even if it was for circumstances outside of their control. 

The current change wouldn't be a fundamental breach imo. However if you then find you're not getting what was promised (facilities closed) then that could potentially be grounds for terminating, if it's a fundamental breach (goes to the heart of the contract). Otherwise reduction in price may be more appropriate.