# Legal Advice Please



## Drew (May 30, 2005)

Hi all,

I run a small Sea Angling Club, 25 members.

In June each year when the following years tide tables become available I book 18 fishing trips, I then put the dates to the members who book their fancied trips.

These trips are well supported, however on occasions a member will call off a trip for one reason or another. I can usually find a replacement but sometimes if I fail to do so the member will honour his booking by paying his charter fee.

If a member gives me 30 days notice that he wishes to cancel a trip and I cannot find a replacement and he refuses to honour his fee, is there any legal way that I can obtain this from him?


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## chilly (Apr 20, 2007)

What are the sums of money involved?


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## Bobmarley3 (Oct 12, 2011)

Make them pay for the trip when they book it. Put in your terms & conditions that in the event of a member cancelling a booking you will endeavour to re-sell the place & refund the original fee, however if that is not possible then the member forfeits his payment.
MrsBob


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## Drew (May 30, 2005)

Hi Chilly, £75 per trip.


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## erneboy (Feb 8, 2007)

I'm glad to see you posting a topic that isn't motorhome related Drew.


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## aldra (Jul 2, 2009)

I'm really surprised that in such a small club 

That anyone wouldn't understand the loss of revenue a cancellation causes 

I think that 30 days in one sense seems fair, particularly when you seek a replacement 

But perhaps depending on the reason for cancellation a half fee would be appropriate 

Of course I know nothing about the finances associated with your business 

But I would have thought in such an intimate group anyone who doesn't honour the rules ceases to be a member

Aldra


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## dghr272 (Jun 14, 2012)

Have all members lodge a security deposit with the club as cover for a cancelled trip. 

If they cancel and a replacement is not found they forgo their deposit, and can't book another trip until a replacement deposit is lodged.

Legal recovery of £75 wouldn't be worth the hassle or expense IMHO.

Deposit returnable if they leave the club with a clean slate

Tis true this forum is useful for discussions other than MH issues 

Terry


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## Penquin (Oct 15, 2007)

Difficult one; demand full payment and lose a member as well as generating ill-feeling which will be spread around

don't ask and everyone else has to pay for the missing person.....

30 days in some things would be reasonable but in others that could be a very short time, e.g. if trip planned for once in a lifetime experience that many wanted but could not be accommodated, replacement easy within the 30 days

but if only a limited number want the spaces and most are already on it, then the chances of findinng a replacement even within 30 days is slim....

most holiday bookings stipulate a 6 week (42 days) cut off for any return with a graduated scale beyond that up to 6 months.......

Sadly, I would find it difficult to give hard and fast guidance as there are so many variables but it will of course, result in a changing of the booking conditions for the future so may be worth asking all the members (without naming names) what they would expect in such a case...... that may also shame the person concerned into paying (if of course they can.....)

Some reasons e.g. death, severe illness, family illness, loss of job or similar may guide leniency......

others e.g double booking, can't be bothered, weather looks poor, fish are not biting, lack of bait, would suggest less tolerance..

No help I am afraid,

Dave


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## siggie (Oct 2, 2010)

Do you have a membership fee?

If not you could introduce one to be used to cover such 'losses' and if you accumulate enough capital then you could use it to subsidise future trips.


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## Pudsey_Bear (Sep 25, 2008)

I'd opt for pay at booking time, have a meeting to set it up.


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## cabby (May 14, 2005)

Too many reasons for cancelling to make a list of which is acceptable. Although common sense should prevail.
I would suggest a 50% dep. non refundable, but if it is a real reason you could always put the deposit onto the next trip that member booked.
I am sure that the other members would be quite happy if the cancellation cost them money if say it was a death in the family or rushed into hospital.
A small club cannot be impersonal.

If however it is the member who is a real pain in the bum, charge him.

cabby

Sorry, forgot to say that legally it would not be worth the costs.If that club member pushes you to take him to court, do not renew his membership.


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## Drew (May 30, 2005)

Hi Erneboy,

In the right part of the part of the Forum and definitely NON political.

*If a member gives me 30 days notice that he wishes to cancel a trip and I cannot find a replacement and he refuses to honour his fee, is there any legal way that I can obtain this from him?
*

Thank you for your responses, particularly those who have suggested "how to run the club".


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## erneboy (Feb 8, 2007)

Yep, no doubt about it Drew. Glad you got some answers, hope they helped.


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## siggie (Oct 2, 2010)

Drew said:


> *If a member gives me 30 days notice that he wishes to cancel a trip and I cannot find a replacement and he refuses to honour his fee, is there any legal way that I can obtain this from him?*


Do they sign a written agreement ('contract') when placing their booking? Does the agreement state all the terms and conditions of the booking clearly?

If yes to the above then the member would be in breach of contract.


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## Pollydoodle (Aug 18, 2005)

I think the easiest and fairest way is an upfront payment in full with the understanding that if a replacement is found, the money will be refunded in full, otherwise the money is forfeit. Every member should be made aware of this and be in agreement. You may have to wait until the next years membership to put it in practice given all the rules of club memberships etc


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