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Unfair Contract Term? Leisure Centre…
Comments
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No - they did not specify any number of days, and looking at the legislation surrounding ‘unfair contract terms’, it would seem a lot of what ‘fair’ constitutes, comes down to an objective sense of reasonableness. Would you consider 2 weekends a month, a reasonable amount of time to be out of bounds for a paid up leisure centre customer? And surely the concepts of leisure & weekend..are quite synonymous??0
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I suppose the other thing you have to consider is that from their perspective, the pool is available for you to use, say, 27 days out of 31 days, rather than being shut half of the time (2 out of 4 weekends). It’s not exactly their fault that you can only attend on the days which they are shut, so the inconvenience to the majority of their users is likely to be quite minimal.Northern Ireland club member No 382 :j1
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The Unfair Terms in Consumer Contracts Regulations 1999 applies. At the back of it is Schedule 2, which is a list of things that are considered unfair in law. This includes:(c)making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;
So it comes down to whether the leisure centre arbitrarily closing facilities to members, whenever it feels like matches this.
https://www.legislation.gov.uk/uksi/1999/2083/schedule/2/made
If it sticks, force it.
If it breaks, well it wasn't working right anyway.1 -
Could it be that they are catching up with things that should have happened last year and it won't usually be closed do often.Lost my soulmate so life is empty.
I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
Diana Gabaldon, Outlander2
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