Golf club breaching Consumer Rights Act?

BarnesLeftFoot

Hi,

I’m a member of a golf club who, like all others, have closed down due to the Coronavirus. 

Yesterday they announced an offer for members to cancel, effective immediately. However, they only applied this to members who pay by direct debit. I paid in advance and they are refusing to refund. Essentially, keeping my money with no recourse. I’m aware that under Consumer law an organisation can’t make you pay for something that you can’t use, however they are refusing to refund or offer anything in the form of credit/extended membership as other clubs have in the area. They are essentially refunding monthly payers as they won’t have to fork out for the next 5 months (when membership ends), whereas us annual payers just have to wave goodbye to the money. I’m furious about this but have sent amicable emails which have been met with a sneering response. Can anyone confirm my belief that this is a breach/material change of a contract. That withholding money for a service I cannot use is unlawful and advise what my best course of action is. I’ve tried to open a dialogue and even offered counter measures, but no response. They also won’t give me access to cancellation or grievance policies. And!! If you’re feeling bad for the club in anyway, they sent the email out offering monthly members the chance to cancel immediately a matter of hours after they took everyone’s subs for April. Whilst this doesn’t affect me, it’s a good insight into the arrogance and lack of regard I’m up against.

Any help is much appreciated... and there is more to the story 😉

Undervalued

Say there was snow on the course and you couldn't play for seven days, would you expect to get 1/52 of your subscription back?
How is this any different? What happens if a member dies? Does his estate get part of his annual subscription refunded?

I assume the people paying monthly are in effect buying their membership one month at a time? Are they obliged to keep paying month after month for a whole year if they suddenly decide they don't want to be a member any longer? Do they pay more in total if they pay monthly for a whole year?

eddddy

BarnesLeftFoot said:

Can anyone confirm my belief that this is a breach/material change of a contract.

You need to read the contract you agreed to, to find out if the golf club have breached it. (Nobody here can read it.)

For example,

• If the contract says that the club will be open every day for playing, then perhaps they're breaching the contract because the club is closed

• But if the contract says something along the lines of "you may be unable to play due to circumstances beyond the club's control" - then they may not be breaching the contract

BarnesLeftFoot said:

I’m aware that under Consumer law an organisation can’t make you pay for something that you can’t use, 

That's not really a useful description of any consumer law.

DoaM

Please start your own thread ... your question has nothing at all to do with golf clubs.

BaggyEyes

Hi my brother plays golf and he is having the same problem. Paying for something he is not getting. Aren't Golf Clubs insured for situations like this and get some compensation? If so, they should refund the members back for the time the golf course is shut
Just seen the following on MSE website, is that not a similar situation to Golf Clubs?.
"Have a gym or cinema membership? We've checked with major chains, and most are automatically pausing memberships and freezing payments until they reopen. Here's the info we have from certain chains so far: Link is on MSE website on Martin's Twitter Feed. (Won't let me copy and paste it).

davidmcn

BaggyEyes said:

Aren't Golf Clubs insured for situations like this and get some compensation?

What gave you that idea? In case you haven't noticed, businesses in general are not insured for stoppages caused by pandemics. If that were widespread, it's the insurers who would be rapidly going bust. The vast bulk of any financial assistance available is coming from government, but it's unlikely to cover all of the costs, and in any event if there simply isn't the cash available then members can't expect to get refunds any time soon.

Aylesbury_Duck

BaggyEyes said:

Hi my brother plays golf and he is having the same problem. Paying for something he is not getting. Aren't Golf Clubs insured for situations like this and get some compensation? If so, they should refund the members back for the time the golf course is shut
Just seen the following on MSE website, is that not a similar situation to Golf Clubs?.
"Have a gym or cinema membership? We've checked with major chains, and most are automatically pausing memberships and freezing payments until they reopen. Here's the info we have from certain chains so far: Link is on MSE website on Martin's Twitter Feed. (Won't let me copy and paste it).

Why doesn't your brother ask his club what insurance they have and what compensation they're due for a global pandemic?  Maybe he should have asked them before becoming a member?

As to the 'similar situation', it says that most major chains are pausing memberships and freezing payments.  I suspect your brother's golf club isn't part of a major chain.

wesleyad

I'd also argue that comparing to other places like gyms isnt very useful. A gym/cinema can close doors and pretty much only be liable for rent (which is likely deferred in this situation), whereas a golf course will have to have constant groundskeeping. Of course lighter footfall will make this easier so possibly there should be reduced fees.
It's not really a situation anyone can win. If they say, "ok no fees", then when you come back, there's either a bankrupt course or one which is unplayable. Hopefully this situation wont be on for too long.

DoaM

Most golf clubs (mine included) factor the social side of things (food and beverage takings) into their financial forecasting ... the current situation means that they have a significant shortfall in income. Yes they also have reduced outgoings (staff furlough) but the outgoings will likely exceed the income for the foreseeable future. I think your brother should prepare himself for the golf club putting out the "begging bowl" rather than expecting any rebate!

Remember also, golf clubs are typically private members clubs rather than businesses, and are usually run on a non-profit basis (i.e. minimal surplus at each year end).

Manxman_in_exile

I think that at the moment, asking for a refund on your golf club membership would be a bit like pointing a machingun at your feet and pulling the trigger.  Most clubs will be starting to have cashflow problems as outgoings remain pretty much the same and (as others have pointed out) takings from bar, food and green fees will be falling off a cliff.  (I should imagine most clubs still sell food and drink etc even when their course is closed because of snow etc - mine certainly does.)

pinkshoes

If you have paid for 12 months usage of the golf club then why not just ask them to extend the membership by the amount of weeks it was shut?

My entire family have season tickets to a venue and they are extending our passes for the amount of time they are closed.