Looking to sue boat club I belong too

[Wyldrush]

What is the name of your state (only U.S. law)? Florida

Hope this is in right section....

Here is the situation. I belong to a national but franchised boat club in Florida. When I joined they offered long term memberships of 5 yrs over yearly memberships which carried monthly fees. I bought the remaining 3 yrs of someones 5 year membership since it was cheaper. Since my purchase the club has changed owners about 1 year ago. The customer service has severely declined and the club personnel are rude and try to strong arm you into things. Rules are changing without notice.

This past weekend, due to personal reasons I had to cancel my scheduled appt. Yes I called last minute as I was trying to work out details. Company policy is you must cancel with more than 24 hrs notice or a charge will be issued to the credit card on file. This is what was verbally told me in Sept 09 when I canceled on same day of scheduled trip and they billed me $100 despite never knowing of this rule. They labeled me excessive canceler as I canceled reservations however only a few times under 24 hrs due to what I regarded as not boating weather. I am in South Florida. Several times it did rain later than day and did not want to be out in rain. However last time I canceled was Sept 09 with under 24 hrs.

This time I get a form I must sign within 5 days about the canelation rules and coming late rules. So I decide to file complaint with BBB online. I get phone call today how upset they are, even though I signed and faxed form back on Monday (next day). Tue they say they can cancel membership and proceed to state we will give you one change if I retract my BBB report by 5PM today. I told them I do it tomorrow morning as at work and no time or numbers to call which she agreed to give me to NOON. They claim contract states a complaint to BBB is grounds for termination and goes on how dockmasters hate me when they see I have reservation and do take bets on me showing up. I remind her reservations made generally 3-4 weeks in advance, plans change, and weather. Again she agreeds all cancelations this year under 24 hrs were agreed on weather related since we had rain almost every Sunday I this year.

I am forced to retract a complaint or lose my money. Can I sue. At this point it is principal and proving their methods are against the law.

Plenty other issues as well like fuel billing charges make no sense, no list of how much you are charged per engine hour on each boat, etc. When fuel was $5.50 a gal I rarely saw a bill over $100 for a full day of boating, now at $4.50 gal I see bills for $100+ and i know I traveled less and shorter run time.

 

[justalayman]

can you explain this:

I am forced to retract a complaint or lose my money.

I am missing how you would lose money if you do not retract your complaint.

They claim contract states a complaint to BBB is grounds for termination

have you confirmed this by referring to your copy of the contract?

 

[swalsh411]

Does the contract you sign say they can't change the rules/fees or can't kick you out? I highly doubt it says either. It's a private club. Why would they want somebody in their private club that is publicly bad mouthing them?

 

[Wyldrush]

can you explain this:

I am missing how you would lose money if you do not retract your complaint.


have you confirmed this by referring to your copy of the contract?

My membership was prepaid for 3 years so if my membership is canceled by the club I would lose the money. I paid for 3 years in advance at a reduced rate which I would not recoup.

In regards to the my signed contract. I have an older contract issued by the previous franchise owner. The last section states:

Rules ad Regulations: Members agree to abide by the rules and Regulations promulgated and from time to time modified by XYZ. Changes in these Rules and Regulations shall become effective upon adoption by XYZ. A copy of the revised rules and regulations will be available at each XYZ location.. REVISED and adopted on 10/17/2007

Also no mention of filing complaints with anyone. BBB exist for customers to express concerns and problems with businesses that are not settled right or someone feels is being wronged by the business which is why membership to the BBB is optional for a company. It is a price a company shall make if they join BBB in my opinion.

I also noticed while reading rules my company states $25 fee for canceling but no notice of under 24 hrs like now and fueling charge different but even that club then charged it differently. But I was total upfront on each trip the charge per gal and the amount of gals per engine hours you are charged for on the checkout sheet. Now we are bring boats back fueled as long as it is before 9pm when fueling station open. Back then in another location they did not do that.

I will retract my membership for moment but really like to persue this matter. I know i would have to place a retainer with an attorney and there is now principals here and if I am entitled to damages I will recoup my cost here.

Is a case warrant. My contact is very remedial and basic. However I do not know what current contract is like and never signed one. IN fact another change is how in Jan they charged me for a tow boating service when my contract states I need to pay for it myself. My service is renewed in May but in Jan I had to pay again about $120 and that cost money I did not need to pay but am yet to be giving there contact information with tow boat service.

 

[FlyingRon]

Who else are you suing?

 

[Wyldrush]

I would be suing the franchise owner that bought the licensing rights to that location after the original owner lost there license. I would also assume since franchise the actual company that sells the franchise would be liable in the suit.

I am feed up with there change of policies on a as is basis it seems. On top of that today they told me they will be forwarding me a new copy of the rules for me to sign and return to keep membership status active.

I do not want to sign these if I have a claim. I never seen people bully someone so much in a club but they have nothing to lose really. I have no monthly dues and my last of the year dues has been paid last month. All they lose if me renewing onto the monthly plan they offer when my contract is up.