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Chuck Berry

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Chuck Berry

Just a quick one for any solicitors out there.

 

A contract for membership of a club.  If the T&C's are changed during the term of the contract - to allow charging for a service that is currently supplied free - with immediate effect, are the club obligated to provide notice to the members and/or consulting them first?

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Would initially depend on a few things

- whether or not the T&C's contain a provision for the change of terms or not and if so what form of notice or consultation is required

- is the free service currently specified in the T&C's as a benefit of membership or not

 

p.s not a solicitor but work with contracts a lot

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Chuck Berry

Thanks Ribble.

 

The service is specified in the contract as free.

 

Unbeknown to anyone, the T&C's have now been changed to the service being chargeable. There was no notice or communication advising.

 

 

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JudyJudyJudy
11 minutes ago, Chuck Berry said:

Just a quick one for any solicitors out there.

 

A contract for membership of a club.  If the T&C's are changed during the term of the contract - to allow charging for a service that is currently supplied free - with immediate effect, are the club obligated to provide notice to the members and/or consulting them first?

Top of my head it’s no . My local gym got rid of the jacuzzi due “ cost of living” crisis and I complained about this due to them to still charging the same amount of money for all the amenities  of the gym but now without the jacuzzi 

Edited by JudyJudyJudy
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14 minutes ago, Chuck Berry said:

Thanks Ribble.

 

The service is specified in the contract as free.

 

Unbeknown to anyone, the T&C's have now been changed to the service being chargeable. There was no notice or communication advising.

 

 

 

In that case i'd wager that the original T&C's will have have the standard 'get out clause' stated somewhere and 'that all services and terms detailed above are subject to change at anytime' or words to that effect. Either that or using Judy's example above the terms will state that membership only allow's access to the club and that all amenities inside the club are subject to change and/or availability.

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Chuck Berry
7 minutes ago, Ribble said:

 

In that case i'd wager that the original T&C's will have have the standard 'get out clause' stated somewhere and 'that all services and terms detailed above are subject to change at anytime' or words to that effect. Either that or using Judy's example above the terms will state that membership only allow's access to the club and that all amenities inside the club are subject to change and/or availability.

 

Thanks.

 

It's not a physical club with premises for members (it's not a gym).

 

There doesn't appear to be a get out clause as far as I can see.  I can't see anything referring to change of terms.  I've done a keyword search but cant turn anything up.

Edited by Chuck Berry
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1 minute ago, Chuck Berry said:

 

Thanks.

 

It's not a physical club with premises for members (it's not a gym).

 

There's doesn't appear to be a get out clause as far as I can see.  I can't see anything referring to change of terms.  I've done a keyword search but cant turn anything up.

 

Feel free to PM the t&c's to me and i'll have a look

 

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Chuck Berry
Just now, Ribble said:

 

Feel free to PM the t&c's to me and i'll have a look

 

 

Thanks, I'll do that now, I'll send you the link.

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hughesie27

Have they automatically increased the amount they are charging? Or do you need to add the now paid  for service if you wish?

Do you pay VIA Direct Debit?

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Chuck Berry
4 minutes ago, hughesie27 said:

Have they automatically increased the amount they are charging? Or do you need to add the now paid  for service if you wish?

Do you pay VIA Direct Debit?

 

It's a bi-annual fee, next renewal is December, by card.   The service was free and now they are charging for it.  Not everyone uses the particular service.

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hughesie27
8 minutes ago, Chuck Berry said:

 

It's a bi-annual fee, next renewal is December, by card.   The service was free and now they are charging for it.  Not everyone uses the particular service.

And you still have use of the service for free until the renewal date?

 

If so I doubt they're doing much wrong.

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Chuck Berry
7 minutes ago, hughesie27 said:

And you still have use of the service for free until the renewal date?

 

If so I doubt they're doing much wrong.

 

No, changes with immediate effect.

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hughesie27
Just now, Chuck Berry said:

 

No, changes with immediate effect.

So they are asking you to pay a top up fee now to see you through till December renewal? 

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Chuck Berry
12 minutes ago, hughesie27 said:

So they are asking you to pay a top up fee now to see you through till December renewal? 

 

They're asking people to pay for a specific service (if they use it) that was previously provided free.  That starts now.  The current contract period expies 31 December 2024

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been here before
3 hours ago, JudyJudyJudy said:

Top of my head it’s no . My local gym got rid of the jacuzzi due “ cost of living” crisis and I complained about this due to them to still charging the same amount of money for all the amenities  of the gym but now without the jacuzzi 

 

Ahhh of course its happened to James too. Who would have thought it :lol:

 

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Jim_Duncan
3 hours ago, JudyJudyJudy said:

Top of my head it’s no . My local gym got rid of the jacuzzi due “ cost of living” crisis and I complained about this due to them to still charging the same amount of money for all the amenities  of the gym but now without the jacuzzi 

Chug a 2 litre bottle of Coke. Ten minutes later, run yerself a bath. 
 

Jacuzzi will take care of itself. 

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