Can the gym ask me for this compensation or am I within my right to cancel my membership?

Questioner

In August 2020 I renewed my gym membership for 2 years. Due to private circumstances with long-term care responsibilities I no longer have time for the gym and I tried to cancel the membership in early December. I assumed that this was possible because it was already the 3rd renewal. First response from the gym is that this is not possible. After a 2nd email from me in which I indicated that their conditions state that the notice period for a 2-year subscription is 2 months, today I received a solution in which they propose to end my subscription as of February 1, 2021, but that my current subscription will then be converted retroactively to a 3-month subscription. This would mean that I would have to pay an additional 120 euros difference. In their eyes this is justified because my subscription form was changed in August 2020 (this turned out to have been incorrect in their system for 2 years by the previous manager after moving to a new location). Can the gym ask me for this compensation or am I within my right to cancel my membership? Thank you in advance

Lawyer

No, not if the gym itself makes a mistake in the system. Special types of subscriptions can entitle you to discounts or rights, for example a 2-year subscription. If a two-month notice period is used for such a subscription, and you pay for this subscription, then you may cancel taking into account those 2 months. I don't quite understand why the gym changes the form on its own, that is not clear from your question.