AQUATOTS COURSES TERMS & CONDITIONS
These Terms and Conditions, including the annexed Risk Notice and Code of Conduct as well as the booking pages of the website together form the agreement (the “Agreement”) between Aqua T LLP (“Aquatots” or “we”) and the parent, guardian or appointed representative (“you”) making the booking for a child to attend an Aquatots course.
Aqua T LLP is a limited liability partnership registered in England and Wales under number OC348462 and with its registered office address at 23a Brighton Road, Selsdon, South Croydon Surrey CR2 6EA.
Aquatots will not enter into a binding agreement with persons under the age of 18.
1. Your Agreement with Us
1.1 Your Agreement with Aquatots shall become binding upon our acceptance of your booking and payment which we will confirm by sending to you your child’s timetable for the relevant term.
2. Information Accuracy
2.1 While we endeavour to ensure that all the information in our documentation and website aquatots.com is accurate, no warranty is given as to its accuracy. In particular, there may be times when advertised facilities or amenities may not be continuously or fully available. If we become aware of any matter which is likely materially to affect your booking, we will endeavour to inform you prior to the start of the relevant term or session.
[Age and Weight Requirements for Level 1
Babies must be at least 10 weeks but not more than 18 months old and weigh at least 10lbs (4.5kg) to be eligible to start level 1 of the Aquatots Programme.
3. Price and Payment
3.1 Aquatots pool sessions can only be booked for a whole term and must be paid for in advance. Details of your rights to a refund on cancellation are set out below.
3.2 Our prices are as set out in the Aquatots website at the time we accept your booking. Our prices may change at any time but price changes will not affect bookings we have confirmed with you.
4. Changes to Sessions
4.1 Aquatots reserves the right to change any previously advertised or scheduled sessions. If we have to change a booking, you will be advised at the earliest opportunity of these changes.
4.2 Where there are insufficient numbers to make any session viable or a teacher or other key person or the pool becomes unavailable, the session will be withdrawn and you will be advised at the earliest opportunity of these changes. You will be offered alternative days, times and location (if available) or a proportionate refund.
5. Cancellation Rights
5.1 You are entitled at any time within the Cancellation Period (as defined below) to cancel the Agreement by sending written notice (including email) to Aquatots’ Accounts Department at the following address or email:
23A Brighton Road
5.2 The Cancellation Period is a period of 7 working days commencing the day after we accept your booking by sending to you the timetable for the relevant term. However, if your booking relates to a course which starts before the end of the Cancellation Period, your right to cancel the Agreement will cease upon commencement of the course (whether or not you attend it). Please keep a copy of any letter or email sent giving notice of cancellation.
5.3 If you cancel the Agreement in accordance with the above provisions, Aquatots will refund the payment made for the cancelled booking as soon as reasonably practicable after booking and in any event within 30 days. Please provide contact details when giving notice of cancellation so that we can arrange the appropriate refund.
5.4 In addition to (and without affecting) the above cancellation rights, you may cancel a booking by giving Aquatots not less than 14 clear days’ written notice to the above address prior to the start of the relevant term. An administration charge of £35 will be levied in such circumstances.
6. Refunds and Credits
6.1 Aquatots pool sessions can only be booked for a whole term in advance. Except where you are exercising your right to cancel as set out above, we are unable to refund any monies for sessions missed because of illness, injury, holidays, late arrival or non-attendance for any other reason.
7. Events Outside Our Control
7.1 Aquatots shall not be liable for any failure to perform, or delay in performance of any of our obligations that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control including without limitation damage to the pool, floods, severe weather conditions or other natural disasters, epidemic or pandemic, civil commotion or riots, threat of or preparation for war, any law or action taken by a government or public authority, collapse of buildings, fire, explosion or accident, power failures and industrial action.
7.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions:
(a) we will contact you as soon as possible to notify you;
(b) our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(c) we will endeavour to provide replacement session(s) (where relevant) within the scheduled term. If we are unable to arrange a replacement session, your account will be automatically credited the appropriate pro rated amount for the forthcoming term. If you do not intend to book for a forthcoming term you will be entitled to apply for a refund for the cancelled lesson. All refunds will be made following the end of the relevant term.
7.3 If a session is cancelled due to the unavailability of a teacher we will contact you as soon as possible to notify you and paragraph (c) above shall apply.
8. Term and Termination of the Agreement
8.1 Subject to the cancellation rights set out above, your Agreement with Aquatots shall continue unless and until Aquatots terminates the Agreement.
8.2 Aquatots may at any time by written notice to you (including email) terminate the Agreement with no liability to Aquatots (and no obligation to return any monies already paid), if:
(a) the information you have provided in any booking documentation or at any time during the term of this Agreement is deliberately misleading or factually incorrect in any material respect; or
(b) there has been, in relation to your or your child’s attendance on an Aquatots course, a serious or persistent breach by you of national or local health and safety requirements or policies and/or of the Aquatots Code of Conduct.
9. Limitation of Liability
9.1 Swimming, as with any activity which takes place in, on or around any body of water or in the immediate area of any body of water, has obvious inherent risks including, but not limited to, drowning. When attending any Aquatots swimming session, you must ensure that you, those in your care, and those who accompany you or your child, voluntarily or otherwise, follow the Aquatots Code of Conduct annexed to these Terms and Conditions.
9.2 You agree truthfully and fully to advise and inform Aquatots and your Aquatots teacher/instructor of any medical condition that you or the child in your care may have prior to or after any Aquatots swimming sessions. If you have any queries in regard to health issues and swimming, you should contact your General Practitioner, Health Visitor, and/or Paediatrician prior to making a booking.
9.3 Nothing in these Terms and Conditions shall limit or exclude Aquatot’s liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation.
9.4 Without affecting clause 9.3:
(a) neither Aquatots nor any of its employees, agents or sub-contractors shall under any circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
(i) any indirect loss arising under or in connection with this Agreement; or
(ii) any damage, discolouration or tarnishing to any items of jewellery, watches, or any item of clothing or costume.
(b) the total liability of Aquatots, its employees, agents and sub-contractors (including the teacher(s)/instructor(s) to you in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of one year’s fees for the course being attended when any such loss arises.
10. Customer Services
10.1 Aquatots is committed to providing a high quality of service and we continually monitor our performance and procedures in order to improve the service provided to our customers. Any complaints and suggestions will be handled in the strictest confidence.
10.2 If you have a complaint about any part of the service you have received, you should initially bring these to the attention of your teacher, as they may be best placed to advise or rectify the problem. If you remain dissatisfied, or if your complaint relates to the teacher, you should forward your complaint in writing to:
Customer Services Department
23A Brighton Road
Alternatively, you can [telephone our customer services team at 0208688 6488 or e-mail us at: firstname.lastname@example.org. It will help us immeasurably if you can provide as much background information to your complaint as possible.
10.3 Aquatots’ Customer Service Department aims to acknowledge any complaint within 14 working days of receipt of correspondence and to provide a full response within 28 working days of such receipt. If we are unable to provide a full response within 28 working days, we will confirm the stage we have reached in the handling of the complaint.
11. Communicating with you
11.1 Where you have provided Aquatots with an e-mail address this may be used to expedite the communication of any amendments or information relevant to your booking. The onus will be on you to access the e-mail account you have supplied Aquatots on a regular basis.
11.2 If you do not provide us with an e-mail address all such information will be sent to you by post or communicated by telephone. The onus will be on you to access your answer phone or message service on a regular basis.
11.3 Requests for information should be sent by e-mail to: email@example.com.
12. Data protection Policy
12.2 You are entitled to a copy of the personal data that we hold. This will be forwarded to you upon receipt of your written request subject only to Aquatots being satisfied with the legitimacy of the request.
13.1 [The taking of photographs at an Aquatots session is prohibited. You may from time to time be asked to expressly to consent to you and/or your child being professionally photographed at an Aquatots session and to such images being used by us for media or advertising purposes. All copyright in the content, text, graphics, photographs, photographic negatives, or images so captured by Aquatots and its agents and employees, whether on video, film or digital medium, belongs to and remains the property of Aquatots.][ 3]
13.2 The granting by Aquatots of access to any of such images or media does not under any circumstances imply a licence to any third party to reproduce, adapt or distribute such imagines or media. Any such act carried out without the prior written consent of Aquatots will constitute a breach of the Copyright Designs and Patents Act 1988.
14. Amendments to Terms & Conditions
14.1 Aquatots reserves the right at any time to amend all or any part of these Terms and Conditions (including the annexed documents) and any other booking documentation from time to time. Any such amendments will be included in the Terms and Conditions made available via Aquatots’ website from time to time and any amendments that materially affect the terms of your booking will be drawn to your attention in writing or via your Aquatots teacher.
15.1 If any provision in these Terms and Conditions is held to be invalid it shall to that extent be severed and the remaining provisions shall continue to have full force and effect.
16. No Waiver
16.1 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions.
18. Statutory Rights
18.1 These Terms and Conditions do not affect your statutory rights.
19. Governing Law
19.1 This Agreement is governed by English law and you and we submit to the exclusive jurisdiction of the English courts.