Unfair Contract Term? Leisure Centre…

Querym

I’ve got a monthly pool membership at a local leisure centre, and as I work long hours Monday to Friday, am restricted to weekend use. However, I’ve just discovered that the pool is regularly closed to the public at weekends, because it is booked for galas. It was closed this weekend, and will be closed again the week after next…and so on. I’ve been sent the following unhelpful excerpt…
” On occasion the Club may be closed, or withdraw facilities for certain periods of time to carry out cleaning, repairs, alterations, maintenance, security work or for any other reason beyond our or the Club’s control without giving you notice. In addition, we may at times set aside facilities for tournaments, exhibitions or other social activities without giving you notice. You will not be entitled to a refund if your Club is closed in accordance with this section”.
So this is a contract term, that effectively gives complete right to close their pool to paid up customers, without any warning or recourse? Surely this is unfair? I know I should just complain with my feet…but it’s the only centre within 30 minutes drive, and I can’t believe these terms would be permitted under consumer law?
Has anyone seen similar contract terms elsewhere? And how could I challenge this? Thank you 

The_Fat_Controller

Did you read the Ts and Cs before joining ?

Did you ask about weekend availability as you knew that is when you would be using the facility ?

user1977

Querym said:

It will be closed again the week after next…and so on.

So this is a contract term, that effectively gives complete right to close their pool to paid up customers, without any warning or recourse? 

It's clearly not "without warning" given you know about future closures.

Querym

No - there is never any notice or warning given. I only know of the next closure, and the fact that there are ‘many more planned’ from the conversation I had with their customer service. 

My point is, surely a contract which permits denial of a leisure service for 2 entire weekends out of 4…on a regular basis, and without notice…cannot be considered in any way..fair??

Querym

The_Fat_Controller said:

Did you read the Ts and Cs before joining ?

Did you ask about weekend availability as you knew that is when you would be using the facility ?

Yes I read the T&Cs, and in no way assumed from that wording, that their closures would be as frequent as two weekends per month, nor that they would include entire weekends every time. My previous leisure centres, have only ever had very occasional closures, and they only ever included one afternoon maximum, and we were always notified well in advance. I can’t see how it can be acceptable to word a contract term that enables such freedom to do as they please…..the customer has paid for a service, yet they have no recourse to challenge it? 

powerful_Rogue

Querym said:

The_Fat_Controller said:

Did you read the Ts and Cs before joining ?

Did you ask about weekend availability as you knew that is when you would be using the facility ?

Yes I read the T&Cs, and in no way assumed from that wording, that their closures would be as frequent as two weekends per month, nor that they would include entire weekends every time. My previous leisure centres, have only ever had very occasional closures, and they only ever included one afternoon maximum, and we were always notified well in advance. I can’t see how it can be acceptable to word a contract term that enables such freedom to do as they please…..the customer has paid for a service, yet they have no recourse to challenge it? 

Therein lies part of the issue. You read the T&C's and assumed. Did you not ask them to clarify?

The_Fat_Controller

They can put whatever they want into their Ts and Cs and appear to have covered their backsides well by not specifying a maximum number of closures and the complete lack of compensation for those closures.

Buyer beware !

user1977

Querym said:

The_Fat_Controller said:

Did you read the Ts and Cs before joining ?

Did you ask about weekend availability as you knew that is when you would be using the facility ?

Yes I read the T&Cs, and in no way assumed from that wording, that their closures would be as frequent as two weekends per month

Do they average two weekends a month, or is this month just an outlier?

Querym

I gather from yesterday’s conversation, that there are a few coming up over the next few months, although not sure if that’s indicative for rest of the year. 

I know the term covers their backside so to speak, but surely under existing consumer law, that level of vague broadness, without any recourse or recompense…could constitute an unfair contract term?  

Having been a member of various other leisure centres…for over 30 years, I really did not expect that level of disruption..hence my relaxed acceptance of the contract. How can consumers challenge unfair contract terms, without resorting to making a claim..which of course would be peanuts and not worth the hassle. It’s the principle here that really grinds…

powerful_Rogue

Querym said:

I gather from yesterday’s conversation, that there are a few coming up over the next few months, although not sure if that’s indicative for rest of the year. 

I know the term covers their backside so to speak, but surely under existing consumer law, that level of vague broadness, without any recourse or recompense…could constitute an unfair contract term?  

Having been a member of various other leisure centres…for over 30 years, I really did not expect that level of disruption..hence my relaxed acceptance of the contract. How can consumers challenge unfair contract terms, without resorting to making a claim..which of course would be peanuts and not worth the hassle. It’s the principle here that really grinds…

You vote with your feet, or you go to the Small Claims Court and let them decide.

user1977

Querym said:

I gather from yesterday’s conversation, that there are a few coming up over the next few months, although not sure if that’s indicative for rest of the year. 

I know the term covers their backside so to speak, but surely under existing consumer law, that level of vague broadness, without any recourse or recompense…could constitute an unfair contract term?  

Having been a member of various other leisure centres…for over 30 years

What do you think would be a "fair" alternative? Did the contracts for any of the other leisure centres specify a maximum number of "closed" days?