Terms and conditions for Activity Courses
These Terms form your Agreement with Places for People Leisure Limited and will be administered by us or Harlands Services Limited on our behalf. The agreement commences once you have indicated your acceptance in the Declaration section of the sign-up process. These Terms are a legal agreement between us, so please make sure you read them carefully. These Terms replace any previous versions and apply at all times and take priority over any spoken communication by us.
1.1 “Activity” means any sporting or leisure activity to be undertaken by the Participant in connection with the Booking and the Services.
1.2 “Agreement” means the agreement between us consisting these Terms as varied in accordance with section 15.
1.3 “Company” means Places for People Leisure Limited (address and details below) & its subsidiary and associated Companies and is referred to as “we”, “us” or “our” throughout these Terms.
1.4 “Course” means the instructed course identified in the booking process.
1.5 “Course fee” means the fee you need to pay for the Course in accordance with sections 8 and 9 as detailed in the booking process.
1.6 “Leisure Facility” is the leisure facility managed by the Company as identified in the booking process.
1.7 “Manager” means the General Manager of the leisure facility.
1.8 “Multiple Session Booking” means a Booking in relation to which the Services are to be provided at more than one Session.
1.9 “Participant” means the person undertaking the Activity, being either you or another person on whose behalf you make the Booking.
1.10 “Premises” means the Leisure Facility, including its grounds, car parks and access roads.
1.11 “Services” means the services or facilities we are providing to you, which are described in the Booking.
1.12 “Session” means, in relation to a Booking, the sessions during which the Services are to be provided which are set out in the booking process.
1.13 “Terms” means these terms and conditions.
1.14 References to “you” and “your” mean you and your children, where applicable.
2 ACCEPTANCE OF YOUR BOOKING
2.1 We have the right to refuse any Booking. We reserve the right to verify, or require proof of all information given in the booking process. Any fraudulent or wrongful information given in order to obtain a Booking could result in the cancellation of your Booking.
2.2 Subject to the Booking being confirmed and subject to you paying the Fee, you have the right to undertake the Course at the time or at the times selected in the booking process. Your lesson time includes entering and exiting the activity area.
2.3 Except as expressly set out in these Terms, we will not refund the Fee if you choose not to undertake the Activity or attend any Session.
3 COOLING-OFF PERIOD
3.1 You have the right to cancel your booking for any reason by providing written notice of cancellation to the Manager at your Club within 14 days (i.e. within 14 days of purchase).
3.2 If you cancel during the cooling-off period we shall refund your initial payment in full, including any joining fee paid if applicable.
3.3 If you cancel during the cooling-off period, we will refund you in the manner that you paid originally. Cash payments will be refunded to your bank account. Refunds are processed at our head office. Please allow 10 working days for the refund to be completed.
4 ACCESS/MEMBERSHIP CARD
4.1 When you book your Activity, we will give you an access/membership card for you and other participants, where applicable, or if you are already a member with us, your booked Activity will be attached to your existing access/membership card.
4.2 Your access/membership card may only be used by you and any fraudulent use of the access/membership card will result in cancellation of your booking with no refund being made by us.
4.3 You and the participant(s) must bring your access/membership card with you each time you visit your leisure facility.
4.4 We may delay your access to the leisure facility to give us enough time to record your visit.
4.5 Replacement cards are subject to a charge. Details of this charge are available from your leisure facility.
4.6 The access/membership card remains the property of the Company and entitles you to all the rights and privileges as per your booking.
5 LIMITATION OF LIABILITY
5.1 We will not pay you compensation if we have failed to carry out our duties due to:
(a) a fault of your own;
(b) someone else not connected with providing our services under these Terms;
(c) events which we could not have known about beforehand even if we had taken all reasonable care.
5.2 We have the right to make changes to the type of facilities we provide, if we give you notice. We will not be liable for any loss or damage caused by these changes unless this loss or damage is caused by something we have done or failed to do or cannot be avoided by law.
5.3 You bring all personal belongings to your leisure facility at your own risk. We accept no liability for loss or damage to property of members which is not caused by us or our employees.
5.4 Nothing in these terms and conditions will exclude or limit our liability for fraud or death or personal injury caused by our negligence.
5.5 Notwithstanding sections 5.1 to 5.4 above, if we are found to have any liability to you for loss or damage to property our liability to compensate you is limited to a reasonable amount, taking account of factors such as whether the damage was due to something we did or failed to do.
6 PHYSICAL HEALTH OF MEMBER
6.1 It is your responsibility to make sure that the Participant, or if yourself where applicable, is capable of taking part in the Activity.
6.2 You or the participant(s) should consult a doctor before you or the participant(s) begin the Activity if you are not sure whether or not it is suitable. If you have any concerns about your physical condition, you must get medical advice before using our facilities.
6.3 It is your responsibility to make us aware of anything that may affect you or the participant's participation in the Activity.
6.4 We may refuse you access to the Leisure Facility or prevent you or the participant(s) from taking part in the Activity if we consider the Activity could put your or their health at risk.
7 TRANSFER OF TERMS
7.1 We may transfer the benefit of your booking to a third party on similar terms and conditions without notice to you.
7.2 You cannot transfer your booking to another person.
8.1 The Direct Debit payment amount is due from you to us. You are obligated to make payments for the duration of your booking, with the first one being paid on the first Direct Debit payment date stated on your booking form and/or in your confirmation email and then every month thereafter.
8.2 During your booking period, you must pay the fees as detailed in the booking form whether you use our facilities and services or not, except where the cancellation terms stated in section 10 are met.
8.3 We reserve the right to increase fees at any point from the commencement of your booking subject to us giving a minimum 10 days’ notice. If you are unhappy with the changes you may cancel your booking notwithstanding section 10 of these Terms.
8.4 You must pay the Fees applicable in full in advance when you submit your booking.
8.5 The leisure facility may at its sole discretion require participant(s) to evidence their continued qualification for discounts on bookings, where applicable.
8.6 We retain the right to remove any booking discounts at our discretion.
9 IF YOUR PAYMENTS FAIL
9.1 This section is about what will happen if you have not paid your monthly subscription payment for one of the reasons set out below:
9.1.1 the direct debit details you gave us were wrong;
9.1.2 there are not enough funds in your bank account;
9.1.3 you have cancelled your direct debit without giving us the notice we need as set out in section 10.
9.2 whilst you continue to owe us a monthly subscription payment you will not be allowed to attend the activity or any of our other facilities and we may cancel your booking.
9.3 If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand (i) an initial administration fee of £20.00; and (ii) any and all further reasonable costs incurred by us in recovering the due fees and charges from you, including costs in tracing you if you have changed your address without telling us.
9.4 If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third-party company for collection. The reasonable and direct costs incurred in employing the third-party company will be borne by you including costs in tracing you if you have changed your address without telling us.
10 CANCELLATION BY YOU
10.1 You can cancel your booking by one of the following methods. We encourage you to use the online option for your convenience:
a) Log onto your online Places user account, select the My Memberships option, select cancel against the membership you wish to cancel and follow the instructions on screen
b) Contact the Membership Helpline by email - email@example.com or by telephone on 01444221052
10.2 On receipt of your membership cancellation request we will cancel your membership, notify you by email and confirm the expiry date of your membership. Once membership cancellation has been confirmed, it is your responsibility to cancel the direct debit instruction with your bank.
10.3 You can cancel your membership after your Minimum Term by providing at least 15 days’ notice before the next direct debit collection to allow sufficient time to process your request. We do not issue refunds, so your cancellation date will be set as the day that your next direct debit is due.
11 CANCELLATION BY US
11.1 We reserve the right to cancel the Booking or Course with immediate effect by giving you written notice if:
11.1.1 you break the conditions of your Booking Agreement;
11.1.2 you do not comply with the rules and regulations of your leisure facility. Leisure facility rules and regulations will vary from leisure facility to leisure facility and are available on request. We may change the leisure facility rules and regulations at any time.
11.1.3 you allow another person to use your access/membership card to get into any of our leisure facilities (this section will not apply if you have told us that your card has been lost or stolen);
11.1.4 your conduct, whether or not such conduct is the subject of a complaint by another, is such that in our opinion, it may be injurious to the character, name or interests of the leisure facility or is such that it makes you unfit to associate with others within the leisure facility.
11.1.5 any part of your monthly subscription payment which is due and payable remains unpaid thirty days after the due date for payment.
11.1.6 The choice of level of activity does not reflect the participants ability.
11.2 In the event that we terminate your booking pursuant to clause 11.1, we will not refund the joining fee or payments received. You will remain responsible for paying the monthly subscription payments.
11.3 We may end your booking for any reason by giving you one full calendar month’s written notice to cancel. In these circumstances you will not have to pay any additional subscriptions and we will refund any subscriptions you have paid in advance for the period after cancellation.
11.4 When your booking has ended and we have taken the final payment from you, it is your responsibility to cancel your direct debit to us at your bank.
11.5 Lapses in your monthly subscription payments may incur a new joining fee.
12 FREEZING YOUR BOOKING
12.1 You may freeze your booking free of charge for a minimum period of one full calendar month and a maximum of six full calendar months within any twelve-month period for a medical condition preventing participation within the activity.
12.2 You must apply in writing to the General Manager if you want to freeze your booking. We will decide whether to allow the booking freeze. We will advise when your freeze period will start and finish and the changes to your payments.
12.3 Freezing your booking is not the same as cancelling your booking. To cancel, you still have to follow the procedure in section 10.
12.4 You will need to tell us when you plan to return to the leisure facility when you ask to freeze your booking, but you may end your freeze period earlier than this date if you let us know in writing. We will automatically reactivate your booking on the return date you have provided unless you have cancelled your booking in line with section 10 or returned before your return date.
13 HOURS OF OPENING
13.1 We will endeavour to ensure that each Session starts on time.
13.2 We reserve the right to make reasonable alterations to the type of facilities provided without notice.
13.3 We will endeavour to give you reasonable notice of such closures or alterations by displaying them at the leisure facility.
14 EVENTS BEYOND OUR REASONABLE CONTROL
14.1 We will not be responsible for any loss you suffer if we are unable to provide the Services due to Events Outside Our Control.
14.2 “Reasons or events outside of our reasonable control” could include, for example, natural disasters, a government’s actions, war or national emergency, acts of terrorism, protests, riot, fire, explosion, flood an epidemic, lock-outs, strikes or other labour disputes (whether or not they relate to our workforce), restraints or delays affecting carriers or not being able to get supplies of suitable materials on time or at all.
14.3 If an Event Outside Our Control prevents us from providing all or any part of Services then:
14.3.1 we will notify you as soon as reasonably possible and, subject to availability, offer to provide you with substitute services; and
14.3.2 if you and we are able to agree on substitute services, the Booking will be deemed to be varied accordingly; or
14.3.3 where you and we cannot agree on substitute services, you and/or we may cancel the Booking or any affected Session by notifying the other, in which case we will refund to you the part of the Fees applicable to any Services which you have not received.
14.3.4 Additional privileges are not subject to refunds.
15 CHANGE TO TERMS
15.1 We may change these Terms at any time.
15.2 When we do make changes that affect you, we will give you reasonable notice of the changes that we plan to make. If you are not happy with the changes you may cancel your booking notwithstanding section 10 of these Terms.
16 UPDATING YOUR CONTACT DETAILS
16.1 It is your responsibility to make sure that your leisure facility has your most up to date contact information; this includes postal address, email address and phone numbers.
17 THIRD PARTY RIGHTS
17.1 The parties do not intend that any of these terms of the Agreement will be enforceable by virtue of the Contracts (rights of Third Parties) Act 1999 by any person that is not a party to it.
18 GOVERNING LAW AND JURISDICTION OF THE COURTS
18.1 Your agreement is governed by the laws of England and any disputes will be dealt with in the English Courts.
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