Charging for service not provided

[LadyKat64]

Can a bowling alley charge a league for 100 bowlers when they only have 96. The new manager is charging leagues this way. If a league has 5 members per team and a few may only have 4, the manager still charges each for 5 even though no one is bowling in the 5th spot. Can he do this? If not, how can we prove to him that he can't. Is there anything written anywhere about this? OUR LEAGUE CONTRACT SAYS PRICE PER BOWLER.
this is in Kentucky

[This message has been edited by LadyKat64 (edited September 11, 2000).]

[This message has been edited by LadyKat64 (edited September 12, 2000).]

[This message has been edited by LadyKat64 (edited September 12, 2000).]

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LadyKat64:
Can a bowling alley charge a league for 100 bowlers when they only have 96. The new manager is charging leagues this way. If a league has 5 members per team and a few may only have 4, the manager still charges each for 5 even though no one is bowling in the 5th spot. Can he do this? If not, how can we prove to him that he can't. Is there anything written anywhere about this?<HR></BLOCKQUOTE>


My response:

Sure.

Among your State's Criminal Code, Family Law Code, Health & Safety Code, there is the Bowling Code of Ethics, which states:

"Section 34-23-19 Bowling Code of Ethics - Breach of the Public Trust.

"A proprietor of a bowling alley shall not charge for 100 bowlers within a league when there is less than 100 bowlers in such league at the time of sign-up. This code section is mandatory, and shall be punishable by 5 years in prison, $10,000.00 fine, or both. A party aggreived by this section shall not be estopped from filing their own "Private Attorney General" lawsuit for all damages, actual and consequential."

There you go.

Now, if you want to tell us your State, we might be able to assist you with a real answer. Do you see that writing in RED, above? Without a State name, we can't even attempt to assist you, if we're even able to assist you at all. Laws are different everywhere.

IAAL


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[JETX]

You need to read the agreement that your league signed with the bowling alley. I have been officer in a LOT of bowling leagues and EVERY one of the agreements specifies how many members (and fees) are to be paid to the 'house'. If the agreement says 100, then that is what you are contracted to pay for. After all, if your league isn't able to provide enough bowlers, why should the 'house' suffer??

Additionally, we usually resolve this by making each TEAM responsible for the fees. That way if one member didn't show up, the missing member owed his team for the funds. Or if the league can't get five per team, then the league should pay for the missing player with the unpaid funds to be deducted from that teams winnings at the end of the season.

Bottom line... read your league agreement.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!