How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Is the purchase (distance selling) of annual club membership

Resolved Question:

Is the purchase (distance selling) of annual club membership of a non-incorporated, not for profit, members club and which offers benefits such as immediate liability or personal accident cover under a single overarching policy held by the club or its parent association, deemed to be a service within the meaning of the current Consumer Rights Bill, and therefore subject to the statutory cooling off period? If so, is that cooling off period curtailed by the commencement of the membership benefits? If such membership purchase is not a service within the meaning of the current Consumer Rights Bill, apart form the club's Ts&Cs, what other key legislation will apply to the subject purchase/sale?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello. My name is ***** ***** I will help you with this.
Alex Watts : Does the consumer start their membership and use the services please?
Customer:

The consumer (membership applicant) can use the benefits of membership immediately. e.g. He/she may travel to Europe assuming 'search & rescue/accident medical/and repatriation' insurance cover under the rules of club membership. He/she may also avail him/herself of discounted accommodation benefits with other clubs of the overarching association, and with similar clubs in other countries.

Alex Watts : Ok I need to look a few things up and get my advice ready. There is no need to wait here as you will get an email when I reapond
Alex Watts :

The thing is you are not a business, you are a club

Alex Watts :

Therefore the Consumer Cancellation contracts Regulations do not apply

Alex Watts :

You are not a business, merely a club

Customer:

Thank you for a speedy response.

Alex Watts :

I am just seeing if there is anything else that applies

Customer:

Does that mean that we can as a club, cite non-applicability of the Consumer Cancellation Contracts in our membership application forms and Ts&Cs (paper and webbased)?

Alex Watts :

Yes because you are not a business

Alex Watts :

Its not as if you are a business like a high street or even a club like a book club

Alex Watts :

So it does not apply

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Is it then true to say that as a not for profit, members club, in offering and accepting applications and fees for membership, we are not trading, and as there is no element of commerce the provisions of the Consumer Rights Bill, in relation to cancellation of consumer contracts, do not apply? That being so, I will thank you and finish my enquiry.

Alex Watts :

That is correct.

Alex Watts :

Whilst you are not specifically excluded, you do not come under it was you are not a business (for profit).

Alex Watts :

Does that help?

Customer:

Yes, Thank you.

Ash and other Law Specialists are ready to help you