Cancellation of basic fit subscription is not accepted

Questioner

Last November I took out a subscription with Basic Fit to work out unlimitedly. Due to the corona measures, it was only possible to choose a time slot, and I could only go in the middle of the night. That is why I wanted to cancel my subscription, because I could no longer work out unlimitedly. The gym can therefore no longer adhere to the contract. Basic Fit still had to pay me until November 2021, but I did some research and I think I am within my rights. I have not paid since May and Basic Fit is now threatening to use debt collection agencies. My question is, am I within my rights?

Lawyer

It is important to stay in contact with Basic-Fit or possibly the collection agency. In such cases it is important to clearly state your side of the story. The question of whether you had sufficient reasons to suspend payment/terminate the agreement always depends on all the circumstances of the case. In cases where the gym was closed, it was a clear case. But if you could not use the facilities at a normal time/way due to the use of a time slot, you may have a good argument. It is then important to substantiate this. A debt collection agency may not simply continue with the procedure if the claim is disputed, they must first assess this. Please feel free to contact me if you have any questions or require legal assistance.