Golf club contract cancelled early - Rights?

MerseyLad

Hello all....

I am after a bit of advice from someone with expereince in civil claims/small claims cases.

In June 2013, our golf society agreed to join a local golf club for a discounted rate. 13 of our members attended on the day and we were told that to provide a cash injection to the club, they would offer a superbly competitive rate. During the negotiations, and on the day we all paid, we were told by the course manager that the deal was X amount of money for 12 months golf [there were some time restrictions put in place, but it was to run for 12 months from that date]

All 13 players paid their money [most paid cash] and we completed a very basic membership form that did not show any expiration dates. Just details of our name, address, emergency contacts, occupations and handicaps.

A few days later, several [but not all] of the members received an email from the club. It welcomed us, and provided some course information and it then said our membership was "valid until 31 March 2014".

This obviously contradicted what we had been told when we negotiated, and when we agreed and paid to join. The email was from a person at the club we had never met, and never knew, and so a few of us approached the course manager again - with whom the deal had been agreed. He advised people to ignore the email, as or deal was 12 months from the date of inception and that the email was "standard" as the usual membership base was from April to April.

Several weeks later, 1 more member joined [In the August of 2013] and again paid the same amount as we had, and was told they would have a 12 month deal. They then received the same email stating it would cease on 31st March 2014, and again they spoke with the manager who told them to ignore it.

Similarly, another member joined in November 2013 and again paid the same amount and went through the same process.

At the start of 2014, a few of the society committee went to the club to start negotiations with the club for the renewal of the deal. Our society had grown in numbers and therefore there were new members wishing to join the golf club for the same deal and we wanted to ensure everything would remain the same. However, we found that the price had rise by 200% on the year befores deal.

However, it was again reitterated that our present deal would run until June 2014 as had been agreed.

On 31st March 2014, all 15 memberships were cancelled and we therefore contacted the club who have been very blunt.

They say, they have spoken to the course manager and it must have been a "verbal misunderstanding" and that all their memberships run April to April - and therefore they are now cancelled.
They state that all of our members should have known that all golf clubs run April to April and so this is what should have been assumed in this case.

They have reiterated that they sent an email to members AFTER joining to confirm the date of 31st March 2014, despite us agreeing a verbal contract with the course manager who negotiated the deal that it would be for 12 months from the date of paying. We therefore had every right - both then and since - to believe that agreements he entered into with us carried the full authority of those who sent him as he was their representative.

We never received any receipts for monies paid to the club.

There have been issues with the club throughout, with only about 40-50% off our members being able to login to the clubs tee booking system as they were not registered on the database [and this is why only some of us received the initial email]

There is no debate from us that we got an email stating the date of 31st March 2014. However, it was sent after we had paid and agreed to the verbal contract and we did nto sign anything, nor were we given any option to agree to this amended date.

Where would we stand with this matter?

I thank you for your time to read and reply.

ML.

OlliesDad

It is tricky with having nothing in writing confirming the details, however if you were to take this to small claims court the judge would decide based on the 'balance of probabilities'. As there are so many people all claiming the same thing, I would like to think you would have a good chance of winning.

I would send a letter before action (google a template) and send to the golf club by post (get proof of postage). If they still refuse, file a claim online (MCOL) for the percentage of the use you have been refused (i.e. 3 months).

mailmannz

The membership period does seem odd as must clubs run on set dates for their membership etc.

Clearly if the club isnt interested in your business then you will gain little from butting your head against a brick wall.

Small claims the club, force them to defend themselves, which will be hard as you have so many people with the same story and then take your business to a golf club that wants your custom!

The reality is we are still in very tough economic conditions and golf clubs are particularly sensitive to the financial climate of the country given the cost of membership and cost of clubs etc to play.

But yeah, take your business elsewhere mate!

Regards

Mailman

MerseyLad

Thanks for the replies,

We wrote a letter last week pointing out the situation to date as far as we were concerned and we had a reply back today that said:

Further to all previous correspondence we appreciate that the verbal misunderstanding of the "golfing year" is most unfortunate but we expected, as regular golfers, you would all be well aware of the golfing season running from 1 April to 31 March and your memberships were based on that "golfing year" as advised in all the welcome letters to your goodselves.
so an assumption that we should have known. Regardless of the fact that we were ALL told by the club manager that it was 12 months from the payment date. Why would any of our members join as late as November 2013 for the same price, knowing they would only get 5 months?

Indeed, we did not envisage any query following the termination of your memberships on 31 March 2014 as you had in fact approached us in January of this year regarding renewals for the coming "season" indicating that you were well aware of the memberships expiring at the end of the 2013-14 season.
incorrect. We went to negotiate as we are organised and also because we had 15 new members who were asking could they join the club and get the deal. The club manager was actually close to signing 2/3 more in February 2014 - and presumably their deal would have also finished on March 31st for the same price, based on what they are saying.

At no point did any member of The Society contact me following the welcome emails/letters. No memberships are issued out of the "golfing season" period due to administration restrictions.
We would suggest it would have been the responsibility of the Society to explain any membership deals to any of it's own new members who joined after June 2013.

our point of contact was the manager and we had no reason to disbelieve that he a
Was acting with the authority of the club when he offered the deal that we agreed to.

mailmannz

Yup, you are definately butting your head against a concrete wall.

So, send them a final letter before action maybe this time point out exactly how much money they are going to lose when you take all your members to a golf club that wants your business.

If they continue to dig their toes in then small claims them. With so many people with the same story its going to be difficult for them to defend their position.

BTW, which golf club is this? Name and shame baby!!!

Regards

Mailman

WatsonNimrod

I stumbled across this predicament by accident but it definitely seems like bad form on the part of the golf club concerned.

Golf is one of the few bastions that generally prides itself on integrity, so this tale is definitely alarming.

For a start all clubs are different so the assumption that a golf season in terms of membership payment runs in a set time is not the case, and it's wrong of them to assume that you would know when your membership ran too.

I've been a member of several different clubs, some memberships ran from Jan to Jan others were different.

Might be an idea to get in touch with the English Golf Union. If you guys are holding handicaps at the club then you would have paid a levy to the EGU. I've heard of members getting in touch with the EGU to mediate in disputes with clubs, after all you have paid your levy (hopefully) so the least they can do is get involved.

If you don't get any joy you should definitely name and shame the club on here. As participation in golf plummets, clubs are too keen to rope members in using questionable tactics that are alien to the laws and spirit of the game.