Compensation for reduction in golf club membership

chilcomp

On July 1st, 2023, I paid in full, an annual membership subscription to a golf club valid until 30th June 2024, the golf club had advertised full use of an 18 hole "Championship" course and a separate 9 hole par 3 course, making it 27-holes in total, for the 5 weekdays Monday to Friday.

Then in January 2024, they informed me that in April 2024 they will only be offering me the facility to play 9 holes of the 18-hole championship course and the 9 hole par 3 course, thus altering the implied deal that I paid for by reducing the holes playable by 9 holes. They say that their Terms and conditions, which incidentally are nowhere to be seen on their website “allow them to amend the course” well I suppose for various reasons this is not unreasonable, and many golfers accept such disruptions, such disruptions are usually temporary in their nature e.g. health and safety, ground maintenance, adverse weather etc but the term they used is “amend” and not “Permanently remove” which is what they are proposing.

The club has made available to members a number of compensatory options, including free playing rights on a 14-hole composite course between July and September, Pro Shop vouchers for an amount exceeding a pro rata calculation of membership subscription fees for the three months of membership between April and June, and/or the promise of discounted subscription fees for existing members once the work is completed.

I have requested they reconsider their offers to include financial compensation onto my payment card account, the amount to be a pro rata payment from when the purchased service of the use of 27 unique holes gets reduced to 18 holes up until the 30th June 2024.

My question is do I have a legal right to financial compensation rather than accept the compensation options they have offered?

MattMattMattUK

chilcomp said:

On July 1st, 2023, I paid in full, an annual membership subscription to a golf club valid until 30th June 2024, the golf club had advertised full use of an 18 hole "Championship" course and a separate 9 hole par 3 course, making it 27-holes in total, for the 5 weekdays Monday to Friday.

Then in January 2024, they informed me that in April 2024 they will only be offering me the facility to play 9 holes of the 18-hole championship course and the 9 hole par 3 course, thus altering the implied deal that I paid for by reducing the holes playable by 9 holes. They say that their Terms and conditions, which incidentally are nowhere to be seen on their website “allow them to amend the course” well I suppose for various reasons this is not unreasonable, and many golfers accept such disruptions, such disruptions are usually temporary in their nature e.g. health and safety, ground maintenance, adverse weather etc but the term they used is “amend” and not “Permanently remove” which is what they are proposing.

The club has made available to members a number of compensatory options, including free playing rights on a 14-hole composite course between July and September, Pro Shop vouchers for an amount exceeding a pro rata calculation of membership subscription fees for the three months of membership between April and June, and/or the promise of discounted subscription fees for existing members once the work is completed.

I have requested they reconsider their offers to include financial compensation onto my payment card account, the amount to be a pro rata payment from when the purchased service of the use of 27 unique holes gets reduced to 18 holes up until the 30th June 2024.

My question is do I have a legal right to financial compensation rather than accept the compensation options they have offered?

Almost certainly not. This will be governed by the terms and conditions. 

Exodi

chilcomp said:I have requested they reconsider their offers to include financial compensation onto my payment card account, the amount to be a pro rata payment from when the purchased service of the use of 27 unique holes gets reduced to 18 holes up until the 30th June 2024.

Just so I'm clear, are you asking for

a) Based on receiving 9x 'full service' months + 3x '2/3rd service' months = reimbursement of 8.33% of annual cost

b) Based on receiving 9x 'full service' months = reimbursement of 25% of annual cost.

If it is the latter (which I suspect), then are you intending to effectively cancel from April (on the grounds they materially altered the agreed service) and not use the facilities at all? Obviously it doesn't seem very fair if you expect to not pay from April, but planned to continue using 2/3rds of the facilities for free.

Personally, I think your best bet is to exhaust the negotiations with them first, people on this forum always seem to be obsessed with considering legal recourses straight out the gate. It should always be the absolute last resort. But it's important you are both being reasonable, of course.

eskbanker

Exodi said:
people on this forum always seem to be obsessed with considering legal resources straight out the gate

Not sure which people you're referring to, but most regulars on this board seem more than ready to differentiate between ascertaining a consumer's legal rights and the most pragmatic way in which to approach (or even avoid) a potential dispute (armed with the knowledge of such rights)?

Aylesbury_Duck

eskbanker said:

Exodi said:
people on this forum always seem to be obsessed with considering legal resources straight out the gate

Not sure which people you're referring to, but most regulars on this board seem more than ready to differentiate between ascertaining a consumer's legal rights and the most pragmatic way in which to approach (or even avoid) a potential dispute (armed with the knowledge of such rights)?

I think Exodi was referring to OPs rather than regular posters.

born_again

, including free playing rights on a 14-hole composite course between July and September, Pro Shop vouchers for an amount exceeding a pro rata calculation of membership subscription fees for the three months of membership between April and June, and/or the promise of discounted subscription fees for existing members once the work is completed.

Is that not compensation enough?

chilcomp

Once the work is complete there will no longer be a 27 hole course complex, it is being downgraded to two six hole courses, and I have no intention of re-joining after June 30th since the golfing on offer is going to be a mish mash of two courses until September and then nothing until all works have been completed. As for compensation, I am not disputing the generosity of the compensation offers, only the matter that I should also be offered a refund, I thought than any offers of compensation should not also rule out the option of a refund.

Exodi

eskbanker said:

Exodi said:
people on this forum always seem to be obsessed with considering legal recourses straight out the gate

Not sure which people you're referring to, but most regulars on this board seem more than ready to differentiate between ascertaining a consumer's legal rights and the most pragmatic way in which to approach (or even avoid) a potential dispute (armed with the knowledge of such rights)?

Sorry meant new OP's, not forumites!

the_lunatic_is_in_my_head

Hello OP

The Consumer Rights Act stipulates "A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract." is subject to being tested for fairness.

I assume they haven't covered the specific situation in the terms, in which case the term permitting them to alter the service would be unfair and thus void. 

This doesn't particularly entitle you to "compensation" as in some money for the trouble but does entitle you to seek damages for the loss of benefit under the contract  which could be a calculation of how many holes they let you play, it could be more as the service is offered for enjoyment. 

The issue with all these things is enforcement, if they won't agree willingly to a cash refund of some sort you are looking at letter before action and small claims, I'm guessing the golf course isn't mega expensive for a membership and amount due is likely on the smaller side and possibly doesn't justify the headache. 

I think their actions are poor but being a polite thorn in their side might see them give you some "go away" money  

screech_78

the_lunatic_is_in_my_head said:

Hello OP

The Consumer Rights Act stipulates "A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract." is subject to being tested for fairness.

I assume they haven't covered the specific situation in the terms, in which case the term permitting them to alter the service would be unfair and thus void. 

This doesn't particularly entitle you to "compensation" as in some money for the trouble but does entitle you to seek damages for the loss of benefit under the contract  which could be a calculation of how many holes they let you play, it could be more as the service is offered for enjoyment. 

The issue with all these things is enforcement, if they won't agree willingly to a cash refund of some sort you are looking at letter before action and small claims, I'm guessing the golf course isn't mega expensive for a membership and amount due is likely on the smaller side and possibly doesn't justify the headache. 

I think their actions are poor but being a polite thorn in their side might see them give you some "go away" money  

Subjective of course, but our golf club is £1110 per year with a £750 entry fee. Not cheap.  

Undervalued

Is this "club" owned and run by a committee elected by the members or is it a profit making commercial company?