Breaking a Golf Club Membership
Discussion
My son is in the Army and a member of his local golf club. He renewed his 26/27 membership back in April and pays it through a monthly direct debit. In July he was informed he’d be posted to a new unit in September so asked the GC if he could stop his monthly direct debit in September due to being posting away. Their reply was to say tough luck and he would have to carry on paying the monthly charge until March next year, even though he doesn’t live in the area anymore
Obviously he’s under a 12 month contract and more than likely screwed but he can’t remember ever signing anything. He has £687 left to pay so is there any advice on a possible out for him, or is it tough s
t just pay?
Obviously he’s under a 12 month contract and more than likely screwed but he can’t remember ever signing anything. He has £687 left to pay so is there any advice on a possible out for him, or is it tough s
t just pay?Needs to see the terms and conditions of the contract.
Usually a contract to have fair consideration needs to include a clause for events outside of your control, like a mandatory relocation for work. Sharing a copy of his orders (or a letter from CO) with them should be sufficient to evidence this.
Otherwise, he has rights under the Consumer Protection Act, but again it all comes back to if there's any consideration in the T&C. Just because he hasn't signed something doesn't mean there's no contract (he's paid and they've provided a service till now).
Usually a contract to have fair consideration needs to include a clause for events outside of your control, like a mandatory relocation for work. Sharing a copy of his orders (or a letter from CO) with them should be sufficient to evidence this.
Otherwise, he has rights under the Consumer Protection Act, but again it all comes back to if there's any consideration in the T&C. Just because he hasn't signed something doesn't mean there's no contract (he's paid and they've provided a service till now).
driver67 said:
Seriously ?
Annual membership means what it says. What about people that are ill / sore back / wife won't let them play ?.
He's getting the benefit of being able to pay monthly, nothing else.
He'll be getting black balled soon if this is his / your attitude.
Dougie.
That's not how contract law works. Try again in the morning.Annual membership means what it says. What about people that are ill / sore back / wife won't let them play ?.
He's getting the benefit of being able to pay monthly, nothing else.
He'll be getting black balled soon if this is his / your attitude.
Dougie.
Evanivitch said:
That's not how contract law works. Try again in the morning.
Who mentioned contract law ?He can cancel the direct debit, whatever. Highly unlikely the club would pursue.
He'd just be persona non grata forever more at that particular club. Probably be glad to see the back of him tbh.
You play golf yourself ?
Dougie.
driver67 said:
Seriously ?
Annual membership means what it says. What about people that are ill / sore back / wife won't let them play ?.
He's getting the benefit of being able to pay monthly, nothing else.
He'll be getting black balled soon if this is his / your attitude.
Dougie.
Actually, at my home club if any of the things you mention were to happen and they were long term i.e. surgery and a couple of months off convalescence they suspend your DD until you recover. If you pay the 12 months up front they give you the months missed back, by deducting the monthly cost off the following years subscription. Obviously if your wife won’t let you play why would you have a membershipAnnual membership means what it says. What about people that are ill / sore back / wife won't let them play ?.
He's getting the benefit of being able to pay monthly, nothing else.
He'll be getting black balled soon if this is his / your attitude.
Dougie.
Evanivitch said:
Needs to see the terms and conditions of the contract.
Usually a contract to have fair consideration needs to include a clause for events outside of your control, like a mandatory relocation for work. Sharing a copy of his orders (or a letter from CO) with them should be sufficient to evidence this.
Otherwise, he has rights under the Consumer Protection Act, but again it all comes back to if there's any consideration in the T&C. Just because he hasn't signed something doesn't mean there's no contract (he's paid and they've provided a service till now).
Thanks, I’ll get him to look into it.Usually a contract to have fair consideration needs to include a clause for events outside of your control, like a mandatory relocation for work. Sharing a copy of his orders (or a letter from CO) with them should be sufficient to evidence this.
Otherwise, he has rights under the Consumer Protection Act, but again it all comes back to if there's any consideration in the T&C. Just because he hasn't signed something doesn't mean there's no contract (he's paid and they've provided a service till now).
tony wright said:
Actually, at my home club if any of the things you mention were to happen and they were long term i.e. surgery and a couple of months off convalescence they suspend your DD until you recover. If you pay the 12 months up front they give you the months missed back, by deducting the monthly cost off the following years subscription. Obviously if your wife won t let you play why would you have a membership
I fully understand the above.You have asked the club, they have replied.
The operative word here is 'club'. It's not profit making (apart from the pro shop).
Club's are run for the benefit of the members.
Having taking on a commitment for one year's membership, the usual obligation is to pay your dues.
How you proceed is self choice.
Contracts aside and purely on a moral ground …
Couldn’t it have been anticipated that being in the army could require a deployment away from home?
I don’t see how the club should suffer because if that, but it would be nice of the club to pause his membership for a period of time, but not indefinitely as he could be blocking a new member joining.
Couldn’t it have been anticipated that being in the army could require a deployment away from home?
I don’t see how the club should suffer because if that, but it would be nice of the club to pause his membership for a period of time, but not indefinitely as he could be blocking a new member joining.
SchillingTwo said:
Evanivitch said:
Needs to see the terms and conditions of the contract.
Usually a contract to have fair consideration needs to include a clause for events outside of your control, like a mandatory relocation for work.
Citation needed.Usually a contract to have fair consideration needs to include a clause for events outside of your control, like a mandatory relocation for work.
Evanivitch said:
SchillingTwo said:
Evanivitch said:
Needs to see the terms and conditions of the contract.
Usually a contract to have fair consideration needs to include a clause for events outside of your control, like a mandatory relocation for work.
Citation needed.Usually a contract to have fair consideration needs to include a clause for events outside of your control, like a mandatory relocation for work.
It’s unsafe to extrapolate a principle of general and universal application from Ashbourne that can be applied generally to memberships of service providers.
Is the club in question a private members club or a proprietary club? All clubs have their rules and you of your son should be able to access them without much effort, that would be a sensible starting point.
All clubs are different, mine has measures in place for services personnel and we also have an ‘absentee’ category that charges a reduced rate during a period of absence, but it’s not much of a discount from the full fee.
If I were your son I would write directly to the Chairman (or club captain if no Chair) and appeal on the grounds of common sense to have his membership suspended, suggesting that this would be a bad look for the club if the story managed to find its way onto social media, clubs are usually sensitive about image.
All clubs are different, mine has measures in place for services personnel and we also have an ‘absentee’ category that charges a reduced rate during a period of absence, but it’s not much of a discount from the full fee.
If I were your son I would write directly to the Chairman (or club captain if no Chair) and appeal on the grounds of common sense to have his membership suspended, suggesting that this would be a bad look for the club if the story managed to find its way onto social media, clubs are usually sensitive about image.
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