Please take time to read the following terms and conditions carefully. They are the basis of the contract between yourself and Swimming Nature.
Booking Terms and Conditions
1.1 You have made a booking with Swimming Nature Limited ("we" or "us").
1.2 The booking confirmation, together with the Booking Ts&Cs, constitutes the entire agreement (the "Agreement") between us and you. If any of the details in the booking confirmation appear to be incorrect please contact us.
1.3 You hereby agree that you accept the terms of the booking confirmation together with the Booking Ts&Cs on behalf of yourself and any person you are booking on behalf of, and that all such persons shall at all times adhere to the specific terms of conduct within the venue. For the purposes of this Agreement, "you" shall include the person named on the booking confirmation and any person they are booking on behalf of.
1.4 All correspondence from us will be sent to the person named as the customer on the booking confirmation. All regular communications from us will be sent in email format and it is your responsibility to inform us of any changes to your email address.
2. RELATIONSHIP WITH THE INSTRUCTOR
2.1 The Instructor is a swimming teacher authorised and accredited by Swimming Nature Limited to teach swimming lessons in accordance with the Swimming Nature methodology.
2.2 The Instructor is the person who will be providing the Classes to you, in accordance with the terms of the Agreement.
2.3 The Instructor can be temporarily or permanently replaced during the course of lessons.
2.4 The Instructor can only be responsible for students during their Classes, and parents and/or guardians are responsible at all other times. The Class begins when the Instructor accepts charge of the student from the parent or guardian and ends when the student is returned to the designated pick-up and drop-off point at the end of the Class. Although Instructors will endeavour to hand the student back directly to the parent or guardian, the student is the full and sole responsibility of the parent or guardian when the student is returned to the designated pick-up and drop-off point at the end of the lesson. Parents and/or guardians must stay on the pool premises at all times.
2.5 In the event of a swimmer, parent, guardian, sibling or other associate: (i) refusing to obey an instruction from the Instructor or one of their staff members; (ii) behaving in an unruly manner towards the Instructor, one of their staff members or any other person; or (iii) causing damage to pool premises, or any of the furniture fixtures or equipment in those premises, the swimmer shall not be permitted to continue with the Classes. We shall then have the right to terminate the Agreement without further notice and without being required to offer any credit or refund to you and you shall not be accepted for any future course organised by the Instructor or the Agent.
2.6 We and the Instructor work together to ensure that recommended water temperatures are maintained, but in certain circumstances temperature may vary and cannot be guaranteed. Neither we nor the Instructor are liable for the pool or other facilities or any Losses or injuries suffered by you or any third party as a result of them.
(a) In the event that you wish to book onto a set course of Classes ("Course") in respect of which the Instructor has already started delivering such Classes, you may do so only if you book onto and purchase all of the remaining Classes of such Course.
(b) The agreed start date of any Class or Course which you have booked onto cannot be amended once payment has been received by us.
3.2 Term Package
Make-Up Lessons shall not form part of the Term Package.
3.3 Annual Tuition Package
(a) Make Up Lessons:
(i) can only been redeemed in accordance with the entitlement mentioned in your booking confirmation;
(ii) may only be redeemed against missed Classes with our prior approval;
(iii) may only be redeemed in the Term that the Class was missed and shall not be rolled over;
(iv) cannot be redeemed in advance of a Fast Track Week;
(v) may only be booked a maximum of seven (7) days in advance; and
(vi) are subject to availability. We reserve the right to book you into a Make Up Lesson with an alternative instructor, student to instructor ratio or location.
4. Payments / Refunds
4.1 In the event that payment for a renewal of a Term Package or an Annual Tuition Package is not received before the renewal deadline date mentioned in our communication via email, text or telephone, we can no longer reserve your place in the next Term.
4.2 Refunds typically take ten (10) to fourteen (14) Working Days to process, from our authorisation and submission of the refund to payment being made to you.
4.3 If we agree a refund is due to you within sixty (60) days of our receipt of the payment in respect of which the refund applies, the refund will be made via our merchant server. If we agree a refund is due to you within more than sixty (60) days of our receipt of the payment in respect of which the refund applies, the refund will be made via BACS.
4.4 Where a cheque is issued by us for a refund and lost by you or a third party such that the cheque must be cancelled and another reissued, an administrative charge of fifteen pounds (£15.00) shall be deducted from the reissued refund.
4.5 Financial Credits are valid for a period of six (6) months from the date of the cancellation in respect of which the Financial Credit is due, and can be used to reduce the fees of any Course you book during that period. Thereafter the Financial Credit will be forfeited and cannot be used against any future booking.
5.1 Term Bookings
(a) If after booking a Term Package, but before any such Classes from the Term Package have been given, you wish to cancel a course you may do so by contacting us in writing within seven (7) days of making the booking. You will receive a refund of the tuition fee paid less a ten per cent (10%) administration charge.
(b) If you wish to cancel a Term Package after seven (7) days of making your booking you may do so by contacting us in writing at any time before your first Class or up to three (3) Working Days after your first Class. You will receive a refund of tuition fees paid less fees for the Class provided if applicable, less a twenty per cent (20%) administration charge.
(c) After this period, we shall not provide any Class Credits or refunds in respect of any Classes that you are unable to attend for whatever reason.
5.2 Annual Tuition Packages
(a) If after booking an Annual Tuition Package, but before any Classes have been given, you wish to cancel your Annual Tuition Package you may do so by contacting us in writing within seven (7) days of making the booking. You will receive a refund of the tuition fee paid less a ten per cent (10%) administration charge.
(b) If you wish to cancel your Annual Tuition Package after seven (7) days of making your booking you may do so by contacting us in writing at any time before your first Class or up to three (3) Working Days after your first class. You will receive a refund of tuition fees paid less fees for the Class provided if applicable, less a twenty per cent (20%) administration charge.
(c) Cancellation before the end of the Annual Tuition Package term (as detailed in the booking confirmation) requires one (1) Term's notice and will result in all discounts being removed and Classes being charged at full price for any services undertaken and deducted from the balance owed.
(d) Cancellations can only be completed at the end of the notified Term.
(e) We shall not provide any Class Credits or refunds for lessons you have been unable to attend in weeks prior to the cancellation
5.3 Fast Track Bookings
(a) If you cancel the Fast Track Course more than two (2) weeks before the start of the course you will be entitled to a full Financial Credit on your account, which is valid for a period of six (6) months from the date of cancellation, or you can request a refund which will be subject to a ten per cent (10%) administration charge
(b) If you cancel the Fast Track Course less than two (2) weeks before the start of the course you will be entitled to a full Financial Credit on your account, which is valid for a period of six (6) months from the date of cancellation, or you can request a refund which will be subject to a twenty per cent (20%) administration charge.
(c) Once the Fast Track Course has started we shall not provide any Financial Credits or refunds in respect of any Classes that you are unable to attend for whatever reason.
5.4 Flexible Bookings
(a) If you are unable to attend an Ad Hoc booking and we receive at least twenty-four (24) hours notification of this, we will postpone the Class and issue a Financial Credit to your account to be used against future bookings. Such Financial Credit must be used within six (6) months of the date of cancellation or the credit will be forfeited and no refunds shall be made.
(b) If less than twenty-four (24) hours notification of your inability to attend is received we shall not offer any Financial Credit for the unattended Class.
(c) If after booking the Ad Hoc Classes you no longer wish to use them you may cancel the Classes by contacting us within seven (7) days of making the booking. You will receive a refund of the tuition fee paid less a ten per cent (10%) administration charge. Once the first Ad Hoc Class has been provided, we cannot cancel the remaining classes, but you may rearrange the date of such Classes subject to (a) and (b) above.
Any changes you wish to make to your booking must be completed by our Head Office Team whose details can be found on the Swimming Nature website.
6. LESSON MANAGEMENT
(a) Term dates are specific to each venue and can be found on the Swimming Nature website. We have the right to change dates subject to us giving you prior notification.
(b) Assigned Term dates may not always coincide with your school term dates and we are unable to replace lessons missed as a result.
(a) Where a student progresses beyond the Class standard set by the Instructor, they may be required to switch Classes. We may not be able to offer the same day, time or Instructor.
(b) A student's progress as part of any Class or Course is not guaranteed.
6.3 Merging or Reallocating Classes
In certain circumstances it may not be possible to continue your allocated Class. In such circumstances we will provide you with a suitable alternative Class, and give you notice of such reallocation in advance.
(a) We are not able to guarantee the Instructor for your Class or Course. Instructors may change shift patterns or move venues in exceptional circumstances.
(b) We will endeavour to provide a temporary replacement Instructor in the event of any Instructor absence.
(c) Where a replacement Instructor is not available, Classes may be cancelled at short notice.
(d) We reserve the right to replace Instructors on a temporary or permanent basis, if necessary once the Term has started.
(e) Where a replacement Instructor is provided, Classes will take place and in such event we shall not offer a replacement Class.
6.5 Cancelled Lessons
(a) Classes may be cancelled at short notice where a pool is considered unfit for teaching purposes by venue management.
(b) If we are unable to provide the Class for any reason we will offer you a Class Credit. If we cannot provide a Class Credit for the enrolled student to instructor ratio, you may be offered an alternative lesson at a different ratio. If we cannot provide a Class Credit subject to availability, you will be entitled to a Financial Credit to the value of the class not provided. Such Financial Credit must be used within six (6) months of the date of cancellation or the credit will be forfeited and no refunds shall be made.
(c) We reserve the right to cancel or amend Classes or Courses in exceptional circumstances.
(a) We will attempt to accommodate any transfer request you make with one (1) weeks' notice upon calling us, subject to your requested space being available.
(b) When transferring classes, Class prices may have changed. Where prices have increased, you will be required to purchase Classes at the new rate. Where prices have decreased, any difference in fees is non-refundable and will be retained as a Financial Credit for you to use against future bookings. Such Financial Credit shall be valid for a period of six (6) months from the date you transfer Classes, after which time the credit shall be forfeited.
(a) We will only suspend your attendance at Classes if you provide to us a doctor's note or certificate. Should we receive the doctor's note on the same day as a Class, this Class will be deemed attended and not refundable or creditable. We are unable to backdate medical suspensions for any reason. The maximum length of any suspension is six (6) weeks, after which you must provide us with a new doctor's note or certificate.
(b) Suspended Classes are not refundable.
(c) When you have booked Classes for a Term, but such Classes have been suspended in accordance with this provision, the remainder of the Classes in that Term will be cancelled and no space will be held for the subsequent Term(s).
(d) Suspended Classes must be used within six (6) months from the suspension date. The onus is on you to ensure that the Classes are used. The fees paid for Classes not used within this six (6) month period shall be forfeited and cannot be refunded.
(e) Classes may also be suspended for non-medical reasons in exceptional circumstances subject to our prior approval. We cannot guarantee we will be able to accommodate every request.
In respect of these Booking Ts&Cs:
"Ad Hoc booking" means a booking of adult one-on-one Classes, where the booking period is not governed by school terms;
"Annual Tuition Package" means a single purchase of three (3) Terms of Classes at one time paid in full in advance, less any discount that may be applicable;
"Class Credit" means a replacement Class provided in the event of a missed Class;
"Fast Track Course" means a course of four (4) or five (5) Classes on consecutive days held during half term breaks or holidays;
"Financial Credit" means a monetary value applied to an account in respect of a Class not given that can be set off against the fee for a future booking;
"Loss" means all direct or indirect losses (including without limitation any loss of profit, consequential loss, loss of business, and like loss), damages, expenses, liabilities, claims, demands, proceedings, judgments, settlements, penalties, fines, costs (including legal costs, other professional costs and the costs of enforcements) and the expenses of investigating and defending any claims (including legal fees and disbursements, consultants' fees and disbursements and other professional fees and disbursements) whatsoever;
"Make Up Lessons" means a Class provided in lieu of a Class that was paid for but not provided;
"Term" means the term dates specific to each venue found on the Swimming Nature website (as may be amended by us at our discretion from time to time);
"Term Package" means a set course of Classes to be taught in a Term as further defined in the Booking Agent's calendar (which can be found on the Swimming Nature website; and
"Working Day" means any day (other than a Saturday or Sunday) on which the banks are ordinarily open for business in England.
8.2 Data Protection
We are registered under the Data Protection Act 1998 to process and store data on living individuals. A copy of our data protection act can be found on the Swimming Nature website.
8.3 Limitation of Liability
(a) If you incur any Loss in connection with or arising from the performance of any of our obligations under the Agreement and our liability to you as a result thereof is established, our total aggregate liability to you under the Agreement or otherwise shall in no circumstances exceed the sum of the amount paid by you to us in respect of the tuition fees you paid us for the Classes during the preceding twelve (12) months immediately prior to the act or omission giving rise to the Loss provided that this clause will not apply to any Loss arising from death or personal injury resulting from our negligence.
(b) Notwithstanding anything to the contrary in the Agreement we will not, except in respect of death or personal injury caused by our negligence, be liable to you by reason of any representation or implied warranty, condition or other term for any Loss (whether occasioned by our negligence or that of our employees or agents or otherwise) arising out of or in connection with any act or omission on our part relating to the supply of any Classes, products or equipment by us or the Instructor.
(c) We will not, except in respect of death or personal injury caused by our negligence, be liable to you for any Loss incurred by you as a result of the Instructor's acts or omissions relating to the supply of any Classes, products, services or equipment or otherwise and whether or not done on our instruction or otherwise.
8.4 Force Majeure
The Agreement will be suspended during any period that we believe either we and/or you are prevented or hindered from complying with our respective obligations under any part of this Agreement by any cause which we designate as force majeure including strikes, disruption to the supply chain, political unrest, financial distress, terrorism, fuel shortages, war, civil disorder, and natural disasters. If such period of suspension exceeds one hundred and eighty (180) days, then we will, upon giving written notice to you, be able to require that the Agreement is terminated.
Neither our failure to exercise any power given to us hereunder nor to insist upon strict compliance by you with any obligation hereunder nor any custom or practice of yours or ours shall constitute any waiver of any of our rights under the Agreement. Our waiver of any particular default by you must be in writing and shall not affect or impair our rights in respect of any subsequent default of any kind by you nor shall any delay by us or omission of ours to exercise any rights arising from any of your defaults affect or impair our rights in respect of the said default or any default of any kind. Any waiver of any rights by us will also operate as a waiver by you of any equivalent rights that you may have.
The Agreement will not be modified in any way except by a written instrument signed by both of you and us.
8.7 Third Party Rights
The parties to the Agreement do not intend that any term shall be enforceable by a third party as defined in the Contracts (Rights of Third Parties) Act 1999 (the "Act") under the provisions of the Act.
8.8 Choice of Law and Jurisdiction
The Agreement shall be governed by and construed according to English law. All disputes between us concerning the Agreement shall be subject to the jurisdiction of the High Court in London.