Frustration of gym membership due to recent coronavirus developments (David Lloyd)?

GarciaLorca

Hello,
I joined David Lloyd  in October before the second national lockdown and before there was any public knowledge of the latest mutant strains of coronavirus which have seen cases and deaths grow exponentially and have required a total indefinite lockdown.  I have been unable to use the membership for more than a week or two in total since the end of October and have asked for my membership to be cancelled and that I be released from any future payments.  Their terms currently state that they automatically freeze accounts and extend the contract by the commensurate amount of time left to run on the contract.  Assuming gyms were to reopen in April and I think that is very optimistic, my membership would then have been extended to March 2022...! 
I understand DL's terms are very strict and that they only let you leave early if you relocate, get sick or lose your job.  However, my view is that the contract I entered into in October has become impossible to perform and is so radically different to what I envisaged when I took it out i.e. I did not envisage it would not be performed for potentially six or seven months.  I knew there was some risk of the tier system creating disruption but in no way did I foresee a mutant strain resulting in this kind of severe further months long lockdown and I just do not think the contract is enforceable anymore.
I'm interested to know what others thing and whether there is anything I can do to avoid them threatening any legal action?  I know they will threaten to recover the remaining 11 months on the contract and threaten to refer it to a debt collection agency but could I just keep pursuing a frustration of the contract argument and hope they cave in or at least negotiate a compromise e.g. pay 2 / 3 months just to get out. 

GL

Barny1979

I do wonder why people are entering into contracts etc mid-Pandemic, it was hardly like October was all beer and skittles! 

CKhalvashi

It seems that there cannot be frustration of contract, as Coronavirus, which is ultimately what you're attempting claiming for, was already a known event at this time.

You have been offered your legal rights, no more, no less, in a free extension.

Just out of interest, which website is talking about frustration of contract? This is the 3rd/4th time I've heard this term in circumstances it doesn't apply in the last weeks, despite not hearing it mentioned for most of the pandemic.

GarciaLorca

CKhalvashi said:

It seems that there cannot be frustration of contract, as Coronavirus, which is ultimately what you're attempting claiming for, was already a known event at this time.

You have been offered your legal rights, no more, no less, in a free extension.

Just out of interest, which website is talking about frustration of contract? This is the 3rd/4th time I've heard this term in circumstances it doesn't apply in the last weeks, despite not hearing it mentioned for most of the pandemic.

Actually it could be seen as unforeseeable given the recent mutation. I didn’t foresee total indefinite lockdown!
Also the gym rolled over and confirmed the contract is terminated  

CKhalvashi

GarciaLorca said:

CKhalvashi said:

It seems that there cannot be frustration of contract, as Coronavirus, which is ultimately what you're attempting claiming for, was already a known event at this time.

You have been offered your legal rights, no more, no less, in a free extension.

Just out of interest, which website is talking about frustration of contract? This is the 3rd/4th time I've heard this term in circumstances it doesn't apply in the last weeks, despite not hearing it mentioned for most of the pandemic.

Actually it could be seen as unforeseeable given the recent mutation. I didn’t foresee total indefinite lockdown!
Also the gym rolled over and confirmed the contract is terminated  

It is known that viruses mutate, and October is not recent.

The country has not been properly out of lockdown since March 2020, therefore a full lockdown is not an unforeseen event.

Congratulations.