"contract" charges question

[Amleto]

sports club membership contract - If you book a court you have to give 48hrs notice if you want to cancel. If you cancel within 48hrs, they only refund if they find someone to use your court.

My thinking is: If there have been courts available for the whole time that yours was booked, then they shouldn't be able to charge you for the court no matter when you cancel, because they haven't lost out at all. Anyone potential customer would have been able to book a court.

Does this legally count as unfair or a penalty charge?

 

[Amleto]

where's raymond when you need him, eh?

 

[Amleto]

This is a pretty good read, from the Office of Fair Trading. It goes on at some length on various aspects of consumer contracts that could be considered unfair, but it is insightful.

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf

thanks. interesting.

Thy would argue it's more about costs incurred i.e. heat and light, someone to open up and set up, security, whatever.

They can't argue that the booking and subsequent cancellation of a court has raised those costs.

 

[Amleto]

4.5 A way to improve the fairness of such a term is to ensure that it does not
go beyond the ordinary legal position. Where cancellation is the fault of the
consumer, the business is entitled to hold back from any refund of
prepayments what is likely to be reasonably needed to cover his net costs
or the net loss of profit resulting directly from the default.18 There is no
entitlement to any sum that could reasonably be saved by, for example,
finding another customer.

So does that mean they can keep the fee? Because you cancelled so they dont get your profit. Or is that section talking about denying them the opportunity of someone else's profit?

 

[Amleto]

anyone clarify that please? thanks.

 

[Amleto]

Why not? If, hypothetically, only you booked a court then they'd be opening up for just you. If you then cancel, they're opening up for no one.

And they'll argue the same thing, regardless of the actual number of courts in use or not in use.

rubbish. they have opening hours and will be open regardless of if anyone books courts.