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?
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.
The thing is you are not a business, you are a club
Therefore the Consumer Cancellation contracts Regulations do not apply
You are not a business, merely a club
Thank you for a speedy response.
I am just seeing if there is anything else that applies
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)?
Yes because you are not a business
Its not as if you are a business like a high street or even a club like a book club
So it does not apply
Can I clarify anything for you about this today please?
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.
That is correct.
Whilst you are not specifically excluded, you do not come under it was you are not a business (for profit).
Does that help?
Yes, Thank you.