Terms & Conditions

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply our lessons to you (or the person you have booked on behalf of).

1.2 Why you should read them. Please read these terms carefully before you submit your order to book lessons with us. These terms tell you who we are, how we will provide our lessons, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are All About Swimming Ltd (company number 07522438) whose
registered office is at 74 Top Dartford Road, Hextable, Kent, BR8 7SQ.

2.2 How to contact us. You can contact us by telephoning our customer service team at 0333 577 6362 or by writing to us at info@allaboutswimming.co.uk or at our registered address.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words Writing or Written in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order to book lessons with us will take place when we either email you to accept it or otherwise provide confirmation in writing, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the lessons you have attempted to book. This might be because the lessons you wish to book are fully booked already, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the lessons.

4. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the lessons you have booked please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the lessons, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5. OUR RIGHTS TO MAKE CHANGES

5.1 Minor changes to the lessons. We may change the lessons:

5.1.1 to reflect changes in relevant laws and regulatory requirements; or5.1.2 to implement minor technical adjustments and improvements, and these changes will not affect the quality or nature of the lessons.

6. PROVIDING THE LESSONS

6.1 When we will provide the lessons. We will use our reasonable endeavours to provide the lessons to you on the dates set out on our website corresponding to the package of lessons which you have booked. However, on occasion we may need to change the time of a lesson, in which case we will contact you to inform you of such change.

6.2 The lessons will not always be provided by the same instructor. You acknowledge that, whilst we will use our reasonable endeavours to ensure that each of the lessons you have purchased are provided by the same instructor, this may not always be possible. In the event your usual instructor is unavailable to provide a lesson or multiple lessons for any reason, a suitably qualified alternative instructor will provide such lessons in place of the usual instructor.

6.3 Each lesson will take place during a 30 minute time period. Scheduling of lessons requires us to allocate 30 minute slots for each lesson which includes any time spent getting in and out of the pool. Therefore you must ensure that you (or, where you have booked on behalf of someone else, the person attending the lesson) is ready to begin the lesson promptly at the start of the 30 minute allocated time period.

6.4 We are not responsible for delays outside our control. If our ability to provide the lessons on the originally scheduled dates is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay and to reschedule the lessons. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract.

6.5 Reasons we may suspend the lessons. We may have to suspend the lessons to:

6.5.1 deal with technical problems or make minor technical changes; or6.5.2 update the lessons to reflect changes in relevant laws and regulatory
requirements, and we will contact you in advance to tell you we will be suspending the lessons, unless the problem is urgent or an emergency.

6.6 We may also suspend the lessons if you do not pay. If you do not pay us for the lessons when you are supposed to (see clause 10.3 ) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the lessons until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the lessons. As well as suspending the lessons we can also charge you interest on your overdue payments (see clause 10.4 ).

7. YOUR OBLIGATIONS

7.1 You must comply with certain obligation in relation to the lessons. During the lessons (and during any period in which you are at the premises from which the lessons are provided) you must:

7.1.1 inform us of any information which is relevant to your (or the lesson participant’s, if different) ability to participate in the lesson prior to the lesson commencing including, but not limited to, any medical conditions or behavioural problems; 7.1.2 not treat any of our instructors or other staff, or any other participant in the lessons in an abusive manner; 7.1.3 not be under the influence of alcohol or any non-prescription drugs; and7.1.4 comply with any policies implemented by us and communicated to you from time to time (including, but not limited to, any policies relating to health and safety).

7.2 You are responsible for ensuring that any minors under your supervision
comply with certain obligations. Where you have booked the lessons on behalf of a minor, you must ensure that the minor also complies with the obligations set out in clause 7.1 whilst the minor is under your control or supervision.

7.3 You may be removed from a lesson if you do not comply with your
obligations. Without limiting our rights and remedies under clause 9.1 , if you (or the minor you have booked the lessons on behalf of) do not comply with the obligations set out in clause 7.1 we shall, in our absolute discretion, be permitted to remove you (or the minor, where relevant) from the lesson for some or all of the remaining duration of the lesson.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:

8.1.1 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed; or8.1.2 you have a legal right to end the contract because of something we have done wrong.

8.2 What happens if you end the contract without a good reason. Unless you have a right to end the contract immediately (see clause 8.1 ), the contract will not end until the lessons have been provided. If, before the lessons have all been provided you wish to end the contract you must let us know in writing, however you will not be entitled to receive any refund for any remaining lessons.

9. OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract if you break it. We may end the contract and stop providing the lessons at any time by writing to you if:

9.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the lessons; or9.1.3 you (or the minor you have purchased lessons on behalf of) are removed from a lesson in accordance with clause 7.3 on more than one occasion.

9.2 You will not be entitled to a refund if you break the contract and you may be charged compensation. If we end the contract in the situations set out in clause 9.1 we will not refund any money you have paid in advance for lessons we have not provided and we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10. PRICE AND PAYMENT

10.1 Where to find the price for the lessons. The price of the lessons will be the price set out on our website at the date on which you make your order to book lessons, unless we have agreed another price in writing. We take all reasonable care to ensure that the price of the lessons advised to you is correct. However please see clause 10.2 for what happens if we discover an error in the price of the lessons you book.

10.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the lessons we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the lessons’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the lessons’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

10.3 When you must pay and how you must pay. You must make an advance payment of the total price of the lessons before we start providing them, unless we have agreed otherwise in writing. We accept payment with by credit card, debit card, PayPal or bank transfer.

10.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 We are responsible to you for foreseeable loss and damage caused by us. If
we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the lessons.

11.3 We are not liable for business losses. We only supply the lessons for domestic and private use. If you use the lessons for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we may use your personal information. We will only use your personal information as set out in Our Privacy Policy

13. OTHER IMPORTANT TERMS

13.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses (or sub-clauses) will remain in full force and effect.

13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the lessons in the English courts.