Terms & 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 always stay on the pool premises.

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) Lesson payments must be made and up to date before a swimmer’s lesson. Swimmers will not be allowed to participate in any lesson until a monthly direct debit payment is set up and is updated on our booking system.

(b) Arrival for a lesson without a booking will be refused entry to the pool.

(c) The agreed start date of any Class or Course which you have booked onto cannot be amended once payment has been received by us.

(d) Manor House Barn has the right to claim to recover all outstanding balances for lesson fees caused by failed payments.

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 ensure a direct debit remains in place until the agreed termination of service between the customer and Manor House Barn.

4. PAYMENTS / REFUNDS

4.1 Classes cannot take place unless paid for in advance via direct debit.

4.2 Direct debits for classes can be set up on online using the Home Portal or can be requested via our office in person or over the phone.

4.3 Lessons not attended by a swimmer are non-refundable, under any circumstances including due to illness or holidays.

4.4 New customers may have to pay an up front payment to cover the cost of any lessons provided before the 1st of any month.

4.5 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. CANCELLATIONS AND NON-ATTENDANCE

5.1 In the event of any lesson cancellations at Manor House Barn due to unforeseen reasons, Manor House Barn will promptly communicate directly with the customer via text or email, using the contact details linked to their accounts.

5.1.1 Customers must ensure that contact information is kept up to date to receive these important notifications without interruption. Reporting changes of contact information can be done by contacting Manor House Barn.

5.2 Any cancelled lessons by us will be re-arranged as a replacement session. If this is not an option, payment will be deducted from the following months payment. If this happens and the end of a calendar month, payment maybe deducted the month after.

5.3 Lessons not attended by a swimmer for any reason including illness and holidays will not be refunded and be considered forfeited.

5.4 Weather Conditions

(a) Adverse weather conditions may result in a temporary closure of the pool until such conditions improve. Customers will be informed of closures as soon as possible.

(b) Lessons cancelled by weather conditions will be re-arranged as a replacement session. If this is not an option, payment will be deducted from the following months payment. If this happens and the end of a calendar month, payment maybe deducted the month after.

6. LESSON MANAGEMENT

6.1 Calendars

(a) Term dates are specified on the Home Portal. We have the right to change dates subject to us giving you prior notification.

6.2 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.

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.

6.4 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. In such an event, payment will be deducted from the following months payment. If this happens and the end of a calendar month, payment maybe deducted the month after.

(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 not considered suitable for teaching purposes.

(b) If we are unable to provide the Class for any reason, payment will be deducted from the following months payment. If this happens and the end of a calendar month, payment maybe deducted the month after.

6.6 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.

(c) Requests for a permanent change to your class day / time will be accommodated if we are able to do so, if not, we will make alternative suggestions. If we cannot accommodate your request, you will be unable to change your class day and time until the opportunity allows us to do so.

7. MEDICAL AND BEHAVIOURAL CONDITIONS AND NEEDS

Manor House Barn strive to provide a safe and enjoyable swimming experience for all our students to the best of our ability. Evaluation of risk is required for those with disabilities, and we will make accommodations for those who need it, providing it does not breach health and safety guidelines for the individual or other persons on site.

7.1 Current facilities and staff are not equipped to accommodate individuals with disabilities. Therefore, unless the swimmer can go into a class of 2-2-1, we cannot offer lessons.

7.2 We may have to encourage potential clients with special needs to seek out specialised swimming programs that are better suited to provide the necessary support and accommodations.

7.3 Swimming instructors are granted full discretion to cancel or terminate a lesson if a child or adult’s behaviour poses a safety risk to themselves, other swimmers, or the instructor. This decision will be made to ensure a secure and productive environment for everyone involved.

8. MISCELLANEOUS

8.1 Definitions

In respect of these Booking T&Cs:

"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.