Gym membership cancellation help

Cheeky73

Hi there, I belong to a a gym chain and I joined the local one to my work, though I do have a membership where I can use my local one (as long as it is not more than 50% of the time).  During the start of lockdown they froze my membership which was fine.  Our office then said we could go back one day a week and I decided it didn't make sense to keep going, so I cancelled my membership.  Little did I realise that I was a 3 month notice term, which was very frustrating and I asked them if they would just let me have 1 month notice due to the circumstances but they said no.  Not a lot I could do.
Due to the PM's announcement about working from home, my office has decided to close the office and everyone is to work from home.  So there is no way I can use this gym now as I live 30 miles away.  I asked them again if they could let me end my membership at the end of the month, but they said no.
I have quoted the following to them under their terms and conditions, which says:
you are being relocated in your employment to a location which is more than 10 miles from a club; • you are moving home to a location which is more than 10 miles from a club; or • we are satisfied that there has been a change in your personal circumstances, other than 11 those listed above, which means that it is no longer reasonable for you to use your club’s facilities or to continue being a member.
They have still said no.  I realise that I am not relocating, but surely my situation falls under the point in bold above.  Last time I used my local club (near to my home) but over used it and they wanted to charge me the new rate which was a lot more than the work located club, so I can't do this either for the next 2 months.

Please advise what to do next.

Thanks

Jeremy535897

The sentence in bold requires them to be satisfied that it is no longer reasonable to use your club's facilities. That means it is permissive, rather than something you can enforce. I am interested to note that the first two rules require you to be more than 10 miles from "a" club, but the one in bold refers to "your" club. I am also not clear how this 50% rule works. If you cannot use the club near your work because it is now too far away, how can you use the club near to you either? 50% of zero is zero. Or are you allowed so many hours a month, no more than half of which can be spent at the club nearest your home? I am also not clear why the rate for the club nearest your home is a lot more than the one nearest your old place of work?

Cheeky73

Hi Jeremy,  
Thanks for your reply.
So basically they can completely ignore this sentence of 'no longer reasonable for me to use my club'
Yes exactly...I am not more than 10 miles from 'a' club, but I am 10 miles from my club.  
I was going to reply to them to say, in that case I will have to use my local club to where I live, but I am worried that because they charge almost double (!) to use this club, they will say that I can't be there more time than my local club in a month and will increase my membership fee for the last 2 months.  Even if I use the local club to my home 1 time month, that is going to be more than 50% as I have not used the club near my work at all.  The reason they charge more for my local (home) club, is because of more facilities and also probably the area.
Any suggestions?  
The only thing I can think of is to use my local (home) club (even though to be honest I don't now want to set foot in a gym) and then hope that they don't come after me for more money, I automatically charge me via DD.  
Thanks

 

Jeremy535897

Direct debits are in the hands of the payee, so they can amend your direct debit if they believe you should pay more for use of the "better" gym. They may not. If you don't want to use it anyway, I think all you can do is pay the 2 months at the lower rate until your notice expires. Have you actually given notice yet?

The problem with the wording you quote in bold is that even if 30 miles makes use of the original club unreasonable, it also says "or to continue as a member", which they might say is reasonable as there is a gym near to your home. If you wanted to use the facilities for the 2 months you could try to negotiate a modest usage of the more expensive facility for the amount you are paying now.

Cheeky73

Yes I gave notice at the end of August so I've paid September already (1st of month) and I have two more months to pay.   I would go to the gym nearer to me, if I really had to, but I just don't want to be charged double the amount.  
Do I therefore go back and say, ok I intend to use the club nearest to me, but I do not expect to be charged anything more than what I am paying?  

Jeremy535897

I would say "I don't want to pay any more than I have been paying, so tell me how much I can use the gym near to me in the next 2 months without the cost increasing."