Oakmere Park Oxton Ltd
- Investigation:
- Oakmere Park Oxton Ltd
- Contract identifier:
- UTCCRContract-1
- Country of complaint:
- United Kingdom
- Country of origin:
- United Kingdom
- Trading sector group:
- Nottinghamshire County Council
- Trading Sector:
- Holiday and Entertainment//Entertainment, catering and accommodation
- Action taken by:
- OFT
- Local Authority:
- Nottinghamshire County Council
- Legislation used:
- Community Infringements Specified UK Laws//Unfair Contract Terms 1999
- Regulation breached:
- Unfair Contract Term
- Notes:
Notes
| Original term | Application of regulations/Enforcer view | How changed | New term |
|---|---|---|---|
| 1.2.1 | 1(m) Supplier's right of final decision : Permitted the club unfettered discretion on all matters concerning the golf course and facilities. |
Revised to provide that the club will operate in accordance with the Rules and Conditions of Membership. | 2.1.1 |
| 1.2.3 | 1(j) General variation clause : Allowed the club the right to vary the agreed terms. |
Revised to state that the club will give 28 days notice of any amendment to the club rules. In relation to material amendments the consumer will be entitled to cancel its membership by giving 14 days notice and receive a pro-rata refund of the fees they have paid. | 2.1.5 and 2.1.6 |
| 1.2.4 | 1(m) Supplier's right of final decision : Club reserved the right of final decision in the event of any dispute about the interpretation of the terms. |
Deleted | |
| 1.2.7 | 1(k) Right to change what is supplied : Provided the club the right to vary the agreed service and price. |
Amended to provide that the club will give 28 days notice of any changes to membership and costs. In such circumstances the consumer will be entitled to cancel its membership by giving 14 days notice and receive a pro-rata refund of the fees they have paid. | 2.2.2 and 2.1.6 |
| 1.2.8 | Reg 7 Plain and intelligible language : Unclear reference to 'courtesy' fees. |
Term revised to clarify that certain members may be entitled to complimentary membership. | 2.2.3 |
| 1.2.9 | 1(b) Exclusion/restriction of liability for breaches of cont : Unfairly allowed the club excessive discretion to refuse entry to existing members. |
Revised to state that the club may refuse to admit non-members who have not paid fees without stating reasons but without discrimination on grounds of sex, race or religion. | 2.1.9 |
| 1.2.10 | 1(f) Unequal cancellation rights : Permitted the club excessive discretion to expel members from the premises. |
Revised to qualify the different circumstances in which the club may refuse admission to or expel individuals from the premises, and/or suspend or terminate a member's membership. A new term also explains the member's right to appeal such a decision. | 2.2.5 and 2.2.6 |
| 1.2.11 | 1(b) Exclusion/restriction of liability for breaches of cont : Potentially unfairly allowed the club to refuse to carry out its obligations under the agreement without liability. |
Revised to provide that the club is entitled to close part of or all the premises for up to 20 days a year for the purpose of routine maintenance and special events by giving members at least 14 days prior notice (except where closure is due to safety or security reasons or where required by law). Term also states that members will be informed of any planned longer closures for major refurbishments before they renew their membership. | 2.1.7 |
| 1.2.13 | Reg 7 Plain and intelligible language : Complaints procedure was unclear. |
Provides that complaints should be made in writing to the Director of Golf. | 2.1.8 |
| 1.2.18 | 1(k) Right to change what is supplied : Provided the club an unrestricted right to amend the clubhouse opening times without prior notice. |
Revised to provide that the club can close the clubhouse and/or all or any part of the premises for safety or security reasons or where required by law. In such circumstances the club will give notice wherever practicable. | 2.1.7 |
| 1.2.19 | Reg 7 Plain and intelligible language : Unclear as to the circumstances in which the club can remove material from the notice boards. |
Revised to clarify that notices that have not been approved by the club or are out of date will be removed. | 2.7.2 |
| 1.2.23 | 1(m) Supplier's right of final decision : Provided the club excessive discretion to refuse admission to members or guests it considered to be dressed improperly. |
Reference deleted. | 2.7.4 |
| 1.2.30 | 1(a) Exclusion/restriction of liability for death or injury : Unfairly excluded liability for personal injury and damage to/or loss of personal property where the club had acted negligently or without reasonable care and skill. |
Revised as to accept liability where the club or its employees or agents have acted negligently, in breach of duty, failed to take reasonable steps to prevent or minimise any damage, or failed to act with reasonable care and skill. | 2.6 |
| 1.2.31 | 1(e) Penalty clause (financial) : Potentially unfairly allowed the club to impose charges that exceeded a genuine pre-estimate of the losses it incurred as a result of damage caused by a member. |
Deleted. | |
| 1.2.33 | 1(m) Supplier's right of final decision : Permitted the club excessive discretion to prohibit the use of any golf trolley it considered could cause damage to the course. |
Revised to clarify that in order to avoid damage to the course the club reserves the right to refuse the use of any trolley or other device which it 'reasonably' considers could damage the course. | 2.4.6 |
| 1.2.38 | 1(k) Right to change what is supplied : Provided the club the right to vary the agreed service. |
Amended to provide that the club will give 28 days notice of any changes to membership. In such circumstances the consumer will be entitled to cancel its membership by giving 14 days notice and receive a pro-rata refund of the fees they have paid. | 2.2.2 and 2.1.6 |
| 2.12.5 | 1(m) Supplier's right of final decision : Permitted the club excessive discretion to suspend a member. |
Revised to clarify the circumstances in which the Club Disciplinary Panel may suspend or expel a member. | 3.9.6 and 4.7.6 |
- Outcome reached:
- Informal Undertaking Obtained
- Date effective:
- 4 April 2004
- Received from:
- Outcome text:
Other Information
The original contract bound consumers to the Rules of Golf as well as the procedures and rules of certain golf governing bodies without making provision for consumers to have access to such information. The OFT asked the club to explain how such information was made available to consumers. Subsequently the contract was revised to provide that this information is available for inspection at the clubhouse. In addition, the OFT questioned how current rates of guest fees and green fees referred to in the contract were brought to the consumers' attention. As a result, the club amended the contract to state that these fees will be displayed in the clubhouse.
- OFT telephone enquiries:08457 22 44 99
- Consumer Direct telephone enquiries:08454 04 05 06