Avtalsbrott vid ändrade öppettider?

2019-12-21 i Avtal
FRÅGA
I have a dispute with Huddinge Kommun where a number of persons have prepaid annual membership cards for 6 to l2 month periods in the expectation that hours of admission would remain basically the same for entry to Huddinge Hallen as in the past. The bureaucrats in the Municipality are so used to gettingtheir own way that they decided without any advance notice, or apology to reduce the last time of admission on Fridays from 21.00 to 16.00 ( 5 hours,) and on Saturdays and Sundays by 1 hour each (2 hours) Total reduction of 7 hours on the days when most regular customers like to go and have a sauna, do a bit of swimming etc. T me this amounts to breach of conract, and am determined to challenge this. They quote their"deiegattonsordning"A9.t o9.4 stating this gives them the right to do this. But I cannot see this from the text below. Merely what action can be taken by different positions and level in the organisation.1 OppeftideiA 9 1 Tillfällig stängning till 2 timmar ENHETSCHEFA 9.2 Tillfällig stängning eller ändrade öppettider upp till 2 dygn VERKSAMHETSCHEFA 9.3 Tillfällig stängningeller ändrade öppettider över 2 dygn och högst 3 månader FÖRVALTSDIREKTÖR A 9.4 Permanent ändrade öppet tider FÖRVALTNINGS DIR i samråd med nämdens ordförande
SVAR

Hello,

Thank you for your question.

A fundamental principle of contract law is that agreements must be kept. Standard contracts are often used when there is an agreement concluded between a trader/company and a large number of private persons. The standard contract, also called "general terms and conditions", applies to everyone who agrees to the contract, and will determine the access to gym, pool, sauna, etc. What Huddingehallen can decide regarding opening hours is therefore dependent on what follows from the general terms and conditions.

Huddingehallen does not have the opportunity to change the opening hours if the general terms and conditions explicitly mention that they should be open during specific hours. However, the terms you present in your question, states that Huddingehallen has the possibility to limit their opening hours for a certain period of time (see especially A 9.3). This is not affected by the fact that the terms also include whom inside of the company can decide these changes. Furthermore, the information on Huddingehallen's website also states that these opening hours are intended to be valid during Christmas and New Year's holidays.

The changes regarding opening hours therefore seems to have been taken place within the framework of what the general terms and conditions prescribe, to which both users of the membership and the provider of this are bound. This means that the members must respect these changes taking place during the holiday season.

Hope you got the answer to your question. Otherwise you are welcome to contact me at evelina.lovgren@lawline.se for further guidance.

Best regards,

Evelina Lövgren
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