Terms and Conditions
Manor House Barn Terms & Conditions
Please take time to read the following terms and conditions carefully. They are the basis of the contract between yourself and Manor House Barn Ltd.
1. BACKGROUND
1.1 You have made a booking with Manor House Barn Limited ("we" or "us").
1.2 The booking confirmation, together with the Booking T&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 T&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.
Booking Terms and Conditions
2. RELATIONSHIP WITH THE INSTRUCTOR
2.1 The Instructor is a swimming teacher authorised and accredited by Manor House Barn Limited to teach swimming lessons in accordance with the (Swimming Teachers Association) STA swimming programme.
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 when they are handed over at poolside. 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 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.
3. BOOKINGS
3.1 General
(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 a minimum number of 5 classes.
(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 Course Pro
(a) All bookings will be made through our Manor House Barn, Course Pro system.
(b) It is the responsibility of our customers to keep their accounts in credit in order to maintain their class booking at Manor House Barn.
4. PAYMENTS / REFUNDS
4.1 All classes are to be paid in full in advance of the class. Classes can not take place unless paid for in advance.
4.2 Classes are paid for online using the Home Portal or can be made via our office in person or over the phone. Class credits can then be topped up in using the Home Portal in a set number of blocks, as and when required.
4.3 Refunds - Upon submission to our finance team, once authorised you will receive further communication confirming the authorised amount to be refunded which will be processed within 30 days of this date.
4.4 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.
4.5 Credits are valid for a period of six (6) months from the date of the cancellation in respect of which the Credit is due and can be used to reduce the fees of any Course you book during that period. Thereafter the Credit will be forfeited and cannot be used against any future booking.
5. PAYMENT INSTALLMENTS
5.1 These Terms and Conditions should be read in conjunction with Manor House Barn’s overall Terms and Conditions and GDPR Policy, both of which can be which can be found on the website.
5.2 Customers will need to maintain class credits in advance of lessons using the Home Portal (as above) class credits can be purchased in a set number of blocks.
5.3 Class credits can be purchased at anytime convenient to the customer.
5.4 Automated reminders when class credits are running low will be sent to you at 3, 2 and 1 class credits remaining.
5.5 New customers will need to purchase a minimum block of lessons to secure their place.
5.6 Existing customers will need to maintain class credits in order to keep their lesson slot secured.
5.7 If class credits reduce to zero, then we at MHB will assume that you’ve decided to leave the programme and this space will be available to new bookings.
5.8 Failure to make any due payment or keep class credits topped up, will result in the lesson place being forfeited. We retain the right to recover all outstanding balances for lesson fees.
5.9 Manor House Barn reserves the right to change the price of swimming lessons at any time. Customers will be notified in writing with at least 10 working days' notice of any change.
5.10 Failure for customers to attend lessons without notice given to MHB 48 hours before the start of the lesson will have their credit forfeited.
5.11 In the event of a lesson cancellation, a lesson credit will not be taken from your account, in conjunction with the overall Terms and Conditions referenced above.
6. CANCELLATIONS
6.1 Term Bookings
(a) If you change your mind and wish to cancel a booking you may do so within seven (7) days from making the booking. You may do so by contacting us in writing. You will receive a full refund of the tuition fees paid less any classes taken or untaken that fall within the seven (7) day period.
(b) After the seven (7) day cooling off period has ended (see (a) above), Class credits purchased cannot be cancelled for any reason.
(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.
6.2 Holiday Intensive Bookings
(a) If you change your mind and wish to cancel a Holiday Intensive booking you may do so within seven (7) days from making the booking. You may do so by contacting us in writing. You will receive a full refund of the tuition fees paid.
(b) If you cancel the Holiday Intensive Course more than two (2) weeks before the start of the course you will be entitled to a full refund or account credited, which is valid for a period of six (6) months from the date of cancellation.
(c) If you cancel the Holiday Intensive Course less than two (2) weeks before the start of the course you will not be entitled to any refund or credit.
(d) Once the Holiday Intensive Course has started, we shall not provide any Credits or refunds in respect of any Classes that you are unable to attend for whatever reason.
6.3 Process
Any changes you wish to make to your booking must be emailed to us at info@manorhousebarn.com
7. LESSON MANAGEMENT
7.1 Calendars
(a) Term dates are specified on the Home Portal. 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.
7.2 Progress
(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.
(c) A student’s progress can be monitored and viewed through the Home Portal. If customers have concerns about a child’s progress, please use the Home Portal to get in contact or speak to the Swim School Manager.
7.3 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.
7.4 Instructor
(a) We are not able to guarantee the Instructor for your Class or Course. Instructors may change shift patterns.
(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.
7.5 Cancelled Lessons
(a) Classes may be cancelled at short notice where a pool is not considered suitable for teaching purposes.
(b) If we are unable to provide the Class for any reason your Class Credits will not be charged from your account.
(c) We reserve the right to cancel or amend Classes or Courses in exceptional circumstances.
7.6 Changing Your Class Day /Time
(a) We will attempt to accommodate any request you make, subject to your requested space being available.
(b) If the space you request is not available, we will make alternative suggestions. If we cannot accommodate your request, you will be unable to change your class day and time.
7.7 Suspensions
(a) We will only suspend your attendance at Classes if you provide us with 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 Class Credits are used. The Class Credits not used within this six (6) month period shall be forfeited.
8. MISCELLANEOUS
8.1 Definitions
In respect of these Booking T&Cs:
"Class Credit" means a replacement Class provided in the event of a missed Class.
"Holiday Intensive Course" means a course of four (4) or five (5) Classes on consecutive days held during half term breaks or holidays.
"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;
"Term" means the term dates specific to Manor House Barn found on the Home Portal account.
8.2 GDPR
We are registered under the Data Protection Act 2018 to process and store data on living individuals. A copy of our data protection act can be found on the Manor House Barn 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.
8.5 Waiver
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 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.
8.6 Variation
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.
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