David Lloyd Leisure Ltd
- Investigation:
- David Lloyd Leisure Ltd
- Contract identifier:
- UTCCRContract-1
- Country of complaint:
- United Kingdom
- Country of origin:
- United Kingdom
- Trading sector group:
- London Borough of Richmond-upon-Thames
- Trading Sector:
- Holiday and Entertainment//Entertainment, catering and accommodation
- Action taken by:
- OFT
- Local Authority:
- London Borough of Richmond-upon-Thames
- 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 |
|---|---|---|---|
| 8d | Reg 5 Other unfairness : Required members to give six months' written notice if they wished to cancel their membership. |
Revised so that the period of written notice required is only three months. | 8d |
| 11c | 1(b)2c Restrictions on liability (as to type, amount etc) : 1(b): exclusion of liability for damage to the contents of lockers where the company had removed the contents after the lockers had been used overnight and not been paid for. |
Revised so that members may claim the contents of the lockers from the club reception for up to six weeks after removal. | 11c |
| 12a | 1(b)2c Restrictions on liability (as to type, amount etc) : 1(b): exclusion of liability for any loss or damage however caused to property belonging to members or guests. |
Revised so that the company's liability is limited to any damage or loss suffered as a result of its negligence or failure to take reasonable care | 12a |
- Outcome reached:
- Informal Undertaking Obtained
- Date effective:
- 17 August 2001
- Received from:
- Outcome text:
- Informal undertakings Please see attached document for details of terms revised and/or deleted.
Other Information
The company undertook not to rely on terms 14b and 16c to seek to exclude liability for negligence or failure to take reasonable care with regard to the use of swimming pools and car parks. The company also made revisions to other terms that were not challenged, and these do not raise any new concerns. Term 15 of the Membership Agreement required the company to give its members seven months' notice in writing of any change. As a consequence of this, all revisions, except for term 8d, became effective from 9 February 2002. The revision to term 8d became effective from 1 July 2001. Term 15 has been revised so that the company will be required to give only four months' notice of any changes.
- OFT telephone enquiries:08457 22 44 99
- Consumer Direct telephone enquiries:08454 04 05 06