Golf Club Fee Dispute

Alibab2001

A few years ago I joined what was considered to be one of the best golf courses in my area. The club has one of the highest annual fees and also charges an entrance fee.
This past winter, after becoming extremely frustrated with the conditioning of the course, I decided that the membership did not provide value for money. I therefore chose to resign my membership.
At the start I had chosen to pay the entrance fee in annual instalments, rather than as a lump sum.
After accepting my resignation, the club has subsequently sent me a demand for the outstanding balance of the entrance fee - over £500.
What is my position with this? I have asked the club to provide the terms and conditions I agreed to regarding the entrance fee but so far they have refused. It was not my understanding that I would have to continue to pay this amount even if I left the club, especially when the reason I have left is that the quality of the course did not, in my opinion, match the significant fees I have been paying.
Any advice appreciated.

visidigi

It was an entrance fee. That fee was required to begin the membership and was not refundable (they never are).

The way you chose to pay it does not change what you owe. So you do owe the remainder of the entrance fee I am afraid.

The quality of the course does not apply as again, the fee was your entrance to membership.

ValHaller

As it is an entrance fee and you have been given entrance, the fee is still owed. As the club agreed to accept the entrance fee by installments, you should expect them to honour this unless you agreed that the fee would become immediately payable if you resigned.

It was not my understanding that I would have to continue to pay this amount even if I left the club, especially when the reason I have left is that the quality of the course did not, in my opinion, match the significant fees I have been paying.

On what basis do you understand that you would not have to continue to pay if you left? If you believed this by default, you are mistaken. The condition of the course is irrelevant to your entrance fee obligations - particularly given that you have been a member for a few years.

Expect to lose if they take it to court - although I would expect you to win the point that the fees are only due on the original payment schedule.

arcon5

If you wanted to terminate the contract due to poor quality of service you would have needed to at least given them the opportunity to rectify this

ValHaller

arcon5 wrote: »

If you wanted to terminate the contract due to poor quality of service you would have needed to at least given them the opportunity to rectify this

I don't see this as being relevant. OP resigned his membership and has nothing to claim back. Even if the golf club had been given an opportunity to improve and failed, the entrance fee would still have been due.

arcon5

ValHaller wrote: »

I don't see this as being relevant. OP resigned his membership and has nothing to claim back. Even if the golf club had been given an opportunity to improve and failed, the entrance fee would still have been due.

Not quite. If they breached the contract, and significant reduction of quality could well be covered, then of course having had them fail to remedy it op would have grounds to rescind from the contract and potentially recover some money for the period lost, or in this case deduct it.

And it's clear to me op is using the quality of the service as grounds for forfeiting the membership.

There is also the aspect that this seems to be a consumer contract so even if ops forfeiture is seen as anticipatory breach of contract then this amount could potentially be held as a penalty clause. Although this aspect is less likely with the service already being provided and having been so for a period.

So no it's not as simple as 'the fee is due'.

We would need to know more details though and perhaps a time line of events plus details of any relevant terms relating to weather and conditions.

ValHaller

arcon5 wrote: »

Not quite. If they breached the contract, and significant reduction of quality could well be covered, then of course having had them fail to remedy it op would have grounds to rescind from the contract and potentially recover some money for the period lost, or in this case deduct it.

And it's clear to me op is using the quality of the service as grounds for forfeiting the membership.

There is also the aspect that this seems to be a consumer contract so even if ops forfeiture is seen as anticipatory breach of contract then this amount could potentially be held as a penalty clause. Although this aspect is less likely with the service already being provided and having been so for a period.

So no it's not as simple as 'the fee is due'.

We would need to know more details though and perhaps a time line of events plus details of any relevant terms relating to weather and conditions.

Can't agree. The entrance fee was due at the outset of the membership. If it had been paid in full at the outset, then several years later, it would not be reclaimable. The fact that it is being paid in installments is just a concession. It is contractually due in full for just the first year in membership.

And I would bet that the club rule book describes it in terms which put it outside the reach of anticipatory breach of contract or penalty.

There is nothing to be known about weather and conditions unless OP is actually taking action or counterclaiming against the club for fees. As it is, OP has resigned without claim against the club.

Alibab2001

Thanks so far for the responses. My reasons for leaving are absolutely driven by what I believe to be a significant reduction in the quality of the course conditions. When I joined the club I was perfectly happy to pay the premium fees and didn't question the entrance fee as I believed I was joining the best club, would be able to play all year round, and would be there for many years.

It is my opinion that the course condition, and specifically the condition of the greens, have deteriorated that much that the club has not kept their side of the 'contract' - I therefore do not see why should I pay a premium for this.
I also appreciate that I should have asked more questions around the terms of the entrance fee - however I still have had no information, had no terms and conditions - nothing regarding what I agreed to.

I would certainly be willing to reach an agreeable compromise, however as I am no longer using the course or facilities I do not see what the clubs loss is, and therefore why tey are being so aggressive in their pursuit of the debt

bris

The quality of the course is subjective and would be outwith the clubs control in the last year due to an act of God. They have the right to sue for the entrance fee, this is the one off fee for the right to become a member, a part of the contract fullfilled by him becoming a member.

If it went to court the the judge would decide, but the club would be able to prove they kept the course to the best it could be considering the weather last year.

Any club members on here will know exactly what I'm talking about, every club suffered, some more than others but the ground keepers kept the courses playable. If they refused access it may be a different outcome but the service would have been available.

Alibab2001

bris wrote: »

The quality of the course is subjective and would be outwith the clubs control in the last year due to an act of God. They have the right to sue for the entrance fee, this is the one off fee for the right to become a member, a part of the contract fullfilled by him becoming a member.

If it went to court the the judge would decide, but the club would be able to prove they kept the course to the best it could be considering the weather last year.

Any club members on here will know exactly what I'm talking about, every club suffered, some more than others but the ground keepers kept the courses playable. If they refused access it may be a different outcome but the service would have been available.

Thanks for this. I do appreciate the difficulty with the weather last year. I think the reason I feel so strongly is that the club has USGA specification greens, which should mean that they provided relatively good surfaces and are playable all year round (USGA spec greens should drain faster than clay based greens). However the the greens have frequently been waterlogged, have required very frequent aeration treatment (very much more than normal) and have certainly got progressively worse over the period of my membership. There is another course in the same area with USGA specification green, and these are in far superior condition, even though the memberships rates are significantly less.

ThumbRemote

Is the golf club a licensed provider of credit?

If not, surely any monies to be paid after the contract is terminated are simply penalty clauses, and unenforceable.