Is a fine for not working in the riding school cafeteria justified?

Questioner

I joined the riding club on 11-4-2023; they have an indoor arena here. I opted for an annual arena membership so that on days when the weather is bad I can ride there, I don't ride competitions so the intention is purely to ride indoors here. In 2023 I did not hear anything about canteen services that had to be performed, I did not buy them off for 2023 either (it says in the registration form that buying off is 100 euros; the site says 150). I let this go and I thought if it comes then it comes and otherwise not. Now I received an email on 30-12-2023 with the canteen schedule for 2024, my first service would be 06-01-2024 in the afternoon. This does not suit me, I read on the site that you have to report before the end of the year if you want to buy off canteen services. I made a print screen of this and proof of this. The 2nd service in February does not suit either, so I emailed that I want to buy off the canteen services since this is still possible before the end of the year. The lady who emailed me back got into a heated discussion and said that I should just swap. I then explained the reason why I cannot do the canteen services and cannot swap; I work in healthcare and my mother who lives on the other side of the country is ill, so when I am free I am there. So swapping is not an option, which is why I want to buy out. The lady indicates that I should have indicated before 20-11-2023 that I wanted to buy out the services. I tell her that I read on the site that this is the end of the year and that I assume that this is 31-12-2023. I also say that I do not think it is right that the schedule is sent on 30-12-2023 and that you have to be ready a week later (I also said that I think it is strange to suddenly be given canteen services now while I have not heard anything about this in 2023). I got a response that she would let me know that I would not be there on 06-01-2024 and the canteen service in February. Now I received an invoice in my mail on Sunday 07-01-2024; failure to comply with canteen services + administration costs, total of 110 euros. The site states that you will receive a fine of 50 euros if you cancel within 24 hours, so I was more than a week earlier and wanted to buy off the services based on what is stated on the site; before the end of the year. Can the association charge me those 110 euros based on the above information? In the meantime, they have adjusted the site and it states that the canteen services for 20-11 must be bought off. I also spoke to an acquaintance who I knew was also a member, we have the same membership; using the bin in bad weather. I did not see her in the canteen services schedule and asked her if she had bought them off. No, she had not, she and her friend are both members but had never heard anything about canteen services and are not included in this schedule. But they have never bought off the canteen services either. That makes it even more strange to me that I am now receiving an invoice. The annual invoice is also coming up again, the site states that membership is 190 euros as of 1-1-2024. Now Facebook is advertising that this same membership will cost 230 euros as of 1-1-2024. If I now receive an invoice with 230 euros, is this correct or should they keep the 190 euros of what is stated on the site? See attachment 4. I have decided to no longer be a member of this association from 2025 onwards, I will inform them of this well before 20-11-2024 but I would like advice on what to do with the above. Is the invoice of 110 correct or should they have agreed to buy out the services before the end of the year?

Lawyer

It seems that there is miscommunication or ambiguity around the rules of the association. Of great importance here is what is exactly laid down in the statutes, the internal regulations or the general terms and conditions of the riding school association. These often contain the rules around obligations such as canteen service and the associated buy-out arrangements. The main question here is whether the association has been sufficiently clear about the obligation to perform canteen duties and the possibility of buying this off. Firstly, if the riding school website stated that canteen services could be bought off before the end of the year, and you took timely action to do so within that period, then it could be justified to claim that you have met this requirement. Changing the terms and conditions on the website later in this case could be seen as unreasonable. Secondly, if other members with the same subscription do not have to work in the canteen, there may be arbitrariness. You could possibly object to that, but that depends on what exactly is stated in the articles of association, the internal regulations or the general terms and conditions. With regard to the contribution increase, this depends on the way the price increase has been communicated and what has been agreed in the membership agreement. For example, is there room for the association to unilaterally increase prices or do such changes have to be presented to the members first? This differs per association. In conclusion, I advise you to read the articles of association, the internal regulations or the general terms and conditions carefully and possibly consult a lawyer or attorney. Keep in mind that it is ultimately up to a judge to judge whether the fine is justified. -------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.