Terms and Conditions - Making Waves Swim School

Making Waves Swim School Terms & Conditions: (are effective 10th May 2018)

1. OUR TERMS AND CONDITIONS

For anyone wishing to attend a Making Waves Swim School (hereinafter MWSS) lesson they must agree to be bound by our Terms and Conditions below. Please read these carefully prior to registering for lessons. Should a customer fail to abide by these Terms and Conditions, then the customer may be requested to cease lessons with MWSS. Should this happen MWSS will be under no obligation to provide a refund for any outstanding lessons.

2. CHANGES TO OUR TERMS AND CONDITIONS

We reserve the right to change or update our Terms and Conditions from time to time and without prior notice. We will state at the top of the Terms and Conditions the date on which they were last updated. Any new versions will be posted on our website and will be effective immediately. If relevant then these changes will be communicated to all our customers by email.

3. INFORMATION ABOUT US

We are Making Waves Swim School, which comprises of i) Making Waves Swim School Sole Trader that is in operation at Chester, Delamere, DW Macclesfield, The Oriel, Prestfelde and The Oratory venues and ii) Making Waves Swim School Ltd., which operates at the DW Wrexham, Ellesmere and Penley venues. Both are registered in England and Wales. Our company registration number for Making Waves Swim School is 06838135. Our registered company office is Hillview House, Fox Lane, Clutton, Chester, Cheshire, CH3 9ER. Our registered VAT number for Making Waves Swim School Sole Trader is VAT no. 113306073 and for Making Waves Swim School Ltd is VAT no. 212750833.

4. MWSS CONTRACT WITH YOU

4.1 REGISTERING FOR YOUR SWIMMING LESSONS

4.1.1 Once your child/children have attended an assessment then you can register for swimming lessons. The registration will be completed via your full and accurate completion of the registration form (full details required can be found in the “Data Protection” section) that will be given to you before the assessment by either the MWSS Venue Manager or swimming teacher for that venue.
4.1.2 Once your registration is in place you will receive a confirmation email detailing the lesson you have been assigned to, GoCardless payment details and you will be provided with links to relevant lesson and pool information and our latest Terms & Conditions and Privacy Policy.
4.1.3 Payment for lessons must be made in advance of each term starting, using the GoCardless system. Full details of the payment process can be located in our “Recurring Direct Debit Payments” section.
4.1.4 When a MWSS Swimming Gift Voucher is used to pay for lessons:
- 4.1.4.1 The gift vouchers are for a full term of lessons and can be purchased via cheque that is made payable to Making Waves Swim School.
- 4.1.4.2 Our gift vouchers expire 6 months after the date of purchase.
- 4.1.4.3 Please note that gift voucher refunds can only be made for the full value, to the person who purchased the gift voucher and will either be processed by returning the cheque if it has not been deposited or via a BACS transfer once the cheque has cleared.
- 4.1.4.4 If you have signed up for Recurring Direct Debit Payments (see 4.2) but would like to use one of our swimming gift vouchers please redeem the voucher by phoning our Customer Service team on 0800 1601122 at least 14 working days before your next payment is due to be taken and they will process this.
4.1.5 You will be reminded when your next payment is due by email (direct from GoCardless).
4.1.6 All swimming lesson timetables are correct at time of publishing. If your class date or time changes, we will communicate this with you in advance via the email address you provided us with at the time of registering.
4.1.7 If payments are made on time your place in the lesson will be secure. After the payment due date, places are not guaranteed and will be offered to any customers on the lesson’s waiting list.
4.1.8 Intensive courses are run as separate events to our regular lessons. Payment for these will be taken separately to your regular class (and cannot be paid for by recurring direct debit payment) and will not affect your regular payment due dates. For New Customers payment will be taken via BACS.

4.2 RECURRING DIRECT DEBIT PAYMENTS

4.2.1 As a Company we take recurring direct debit payments through GoCardless, for term time only venues it will be three times a year and for venues that swim throughout the year, four times.
4.2.2 After you have registered with Us you will receive an e-mail from GoCardless, which will explain how to input your details and set up your recurring direct debit payments.
4.2.3 By completing the authorisation you are allowing MWSS (via GoCardless) to take automatic payments on the next payment due dates until such a time as you cancel this authorisation.
4.2.4 Prior to the end of each term GoCardless will send an e-mail reminder to you of the next payment date and the payment will be automatically taken by direct debit. The amount to be taken will be the cost of the next term of lessons, based on the current lesson price, reduced by any credits that are on your account e.g. cancelled lesson credits.
4.2.5 Your child’s place in the lesson is secure providing that payments are made on or before the next due date.
4.2.6 After the payment due date, if a recurring payment has failed, places are not guaranteed and will be offered to any customers on the lesson’s waiting list. Please note it is your responsibility to ensure the card details stored by GoCardless are valid and that sufficient funds are available in your account to ensure the recurring payment can be made on time.
4.2.7 If a recurring payment fails or is not made on time then you will receive an e-mail (to the e-mail address you registered with) explaining that payment has failed and as a result your place in the lesson is no longer guaranteed. It will also say that the only way to make it secure will be if payment is made by the stated date in the e-mail. If the payment fails again or is not made by that date then your lessons with MWSS will be stopped with immediate effect.
4.2.8 If for some reason you need to cancel your ‘Recurring Direct Debit Payment’ please process with your bank at least 10 days before your next payment is due to be taken and we ask that you make MWSS aware that you have done this.

4.3 LAST MINUTE LESSON CHANGES OR CANCELLATIONS BY MWSS

4.3.1 Should there be an unavoidable ‘last minute’ lesson change or a lesson cancellation by Us, you will be notified by Us, by text message to your mobile phone, with as much notice as possible. MWSS will not reimburse any expenses incurred by a customer failing to pick up their message.
4.3.2 Should a lesson be cancelled by MWSS, we will provide you with a Credit on your account for the value of the cancelled lesson and this will go against your next term’s payment.
4.3.3 Should you decide not to book another term of lessons with us, we will refund the Credit to you via GoCardless.
4.3.4 Should a lesson be cancelled part way through, you will only be credited if you were in attendance and for the part of the lesson that had to be cancelled, on a pro-rata basis.

4.4 IF YOU ARE UNABLE TO ATTEND A LESSON

4.4.1 Should a child be advised by a doctor not to attend due to either a limb breakage, ear infection or contagious illness (e.g. chicken pox) and you let the Customer Service team know by telephone (0800 160 1122) at least 24 hours in advance of the lesson then MWSS will issue a Credit for the lesson against the next terms lessons.
4.4.2 If you know you are unable to attend a lesson we will offer a “Replacement Lesson” providing that you give a minimum of 7 days’ notice. Notice can either be given by either telephoning Customer Services on 0800 1601122 or speaking to/e-mailing your venue manager direct.
4.4.3 A “Replacement Lesson” will be an alternative lesson to your normal lesson but it will be at the same level. It could potentially be on a different day or time and will be subject to availability.
4.4.4 If you are unable to let us know that you will not be attending a lesson at least 7 days in advance we will be unable to offer you the chance to book a ‘Replacement Lesson’ and the lesson you are unable to attend will not be refunded in any instance.
4.4.5 We do not provide ‘Replacement Lessons’ for Intensive Course bookings and you are not able to book a ‘Replacement Lesson’ as part of an Intensive Course booking (see 4.1.8).

4.5 CANCELLATION RIGHTS

4.5.1 We give our customers the following cancellation rights for swimming lessons. Please note some of these differ to your consumer statutory rights.
4.5.2 Children who are participating in a MWSS lesson for the first time are defined as “New Customers.”
4.5.3 If you are a New Customer you have 14 days from the date that you enter into this service contract in which you can cancel it. A cancellation must be made in writing to hello@makingwavesswimschool.net.
4.5.4 You must pay for the value of the service that is provided up to the point you cancel. Due to how advance payments for lessons are made this could result in a refund from MWSS to you for the lessons that haven’t been taken. The refund will be made within 14 working days from the date of cancellation and be made to the bank account that you have registered on GoCardless.
4.5.5 If a New Customer cancels after the 14-day Cancellation Period or does not put their cancellation in writing the customer will not be eligible for a refund.
4.5.6 If an existing customer wishes to cancel their contract we offer them the opportunity to do this and receive a refund for lessons that have not been taken providing all of the following conditions are met: a) it is within 14 days of the period commencing immediately after each payment is made for the next term of lessons, b) the customer has paid on time for their next term of lessons and c) puts their cancellation request in writing to Customer Services on hello@makingwavesswimschool.net stating their child’s name and lesson. Please note a £15 cancellation fee will be charged for existing customers to cover admin costs. Also, if existing customers fail to pay on the due date they will lose the right to a refund from cancelling. MWSS reserve the right to apply this policy on a discretionary basis.
4.5.7 When we make a refund to an existing customer – we will make your refund, minus a £15 cancellation fee (to cover admin costs). The refund will be made to the bank account that you have registered on GoCardless.
4.5.8 Our cancellation policy in clause 4.5 does not apply to Intensive Course Bookings (see 4.1.8).

4.6 EXPECTED BEHAVIOURS AND RESPONSIBILITIES AT SWIMMING LESSSONS

4.6.1 Customers are expected to behave in a polite manner at all times when interacting with MWSS teachers, other MWSS customers, venue staff and any members of the public who are using the same pool/venue.
4.6.2 Customers are to ensure that their child does not enter the water until the MWSS Venue Manager tells them to do so.
4.6.3 Should the child be suffering from a condition that would affect their ability in the swimming lesson then the customer is responsible for informing a MWSS Teacher or Venue Manager. We must be informed of any changes, as soon as you become aware of them. This can be updated by contacting MWSS Customer Services.
4.6.4 If your child has a contagious illness (e.g. chicken pox) you should not bring them swimming. If they are sick then the advice is they should not go into the pool until 48 hours after sickness and 2 weeks after suffering from diarrhoea.
4.6.5 Customers are responsible for their children, including siblings, whilst in the changing rooms and where relevant on poolside.
4.6.6 Customers must ensure that blue pool shoes are worn in every venue, where provided.
4.6.7 Customers must stay on the premises during their child’s swimming lesson.
4.6.8 All MWSS Teachers hold a teaching qualification from either the Swimming Teacher’s Association (STA) or Swim England (was known as the Amateur Swimming Association – ASA). All of our teachers are insured through either the STA or the insurance body for Swim England (IOS) and hold a valid DBS check.

5. MWSS RESPONSIBILITY

5.1 Your statutory rights are not affected by MWSS Terms and Conditions
5.2 MWSS does not exclude or limit liability for death or personal injury caused by MWSS’s negligence or negligence of its employees, agents or subcontractors. Liability for fraud or fraudulent misrepresentation is also not excluded within this context.
5.3 MWSS will not accept any liability whatsoever for articles lost, damaged or stolen.
5.4 MWSS cannot be held liable for any or all actions of third parties who are not MWSS employees.
5.5 Your participation including your spouse or partner, child or those in whose care you have placed your child for the purpose of attending/observing swimming lessons are done entirely at your and their own risk.
5.6 MWSS including its employees will not be liable whatsoever for breach of duty or lack of due diligence unless negligence on their part is proven.

6. DISCOUNTS, PROMOTIONAL OFFERS AND RETAINERS (subject to availability)

6.1 Loyalty Discounts
- 6.1.1 Sibling Discount – 10% discount for third child and subsequent children when three or more are booked into a MWSS lesson. Must be booked over the phone with Customer Services. Can be used with a Promotional Offer.
6.2 Promotional offers
- 6.2.1 From time to time we run a “Recommend a friend” promotion – if you are an existing customer and you introduce a new customer to MWSS classes this can result in a free lesson for you or a monetary credit. Details of this are communicated at the time of the promotion via the promotion’s specific terms and conditions. Can be used with Sibling Discount. Cannot be used with another Promotional Offer. No cash value.
- 6.2.2 From time to time we run an “Employee Discount” promotion for employees of a business that MWSS has partnered with. Details of this are communicated at the time of the promotion via the promotion’s specific terms and conditions. Can be used with Sibling Discount. Cannot be used with another Promotional Offer. No cash value.
6.3 Summer holiday retainers
- 6.3.1 At our discretion, from time to time, we may offer existing customers who wish to take a break from swimming lessons over the summer holiday period (e.g. end July – beginning of September), the opportunity to reserve their child’s swimming lesson place over this period of time for a retainer fee of £15 per child.
- 6.3.2 The retainer fee of £15 must be paid by the end of June via the Go Cardless system. This payment is separate to recurring direct debit payments.
- 6.3.3 If the retainer fee payments aren’t made on time then the place will not be reserved for the following term.

7. DATA PROTECTION

7.1 In order to book a MWSS class you must register your details and those of your child/children with us. These will include your real name, mobile and landline phone numbers, email address, home address, emergency contact details, your child’s date of birth and any relevant conditions that could affect your child whilst in the pool.
7.2 We share your email address with GoCardless in order to set up your recurring direct debit payments (see 4.2)
7.3 If you have given consent to receiving marketing e-mails (e.g. newsletter) you can choose to unsubscribe to these at any time. For details on how to do this please refer to our Privacy Policy and at the bottom of any direct marketing e-mails received from us.
7.4 Any payment card details saved within GoCardless will be held 100% securely by them.

8. MWSS WEBSITE INFORMATION

8.1 MWSS has taken all reasonable steps to ensure that the information provided in our website is accurate at the time of entry. However, it accepts no liability for any areas or omissions or inaccuracies including any outdated information in this website.
8.2 MWSS has taken all reasonable steps to ensure that the intellectual property of third parties is not infringed. If, however it is your genuine belief that the material contained therein infringes any intellectual property rights you are obliged to contact MWSS immediately.
8.3 MWSS cannot warrant of any kind whether expressed or implied for any material in this website. Any reference made to linked sites including named third party entities, does not in anyway constitute MWSS’s endorsements of their products and/or services.
8.4 MWSS reserves the right to make amendments or changes to the website material. It accepts no liability for loss or damage of whatever nature and howsoever caused by the use of or inability to use material contained therein or in any linked site.
8.5 All images displayed on this website remain property of MWSS. They must not be copied.

9. OTHER IMPORTANT TERMS

9.1 Strictly no photography or videos in changing rooms or at any time during a swimming lesson.