Swim Free Booking Terms and Conditions
All sessions advertised on the website https://swim-free.org.uk/ are operated by The Andrew Simpson Watersports Centres Limited (company number 08989055) which carries on activities within the charitable objectives of its parent company, Andrew Simpson Sailing Foundation. Andrew Simpson Foundation (company number 08595862) is a registered charity.
These Booking Conditions apply to any contract you make for participating in an activity operated by The Andrew Simpson Watersports Centres Limited. Please note that before making a booking for an activity you will be asked to agree to these Booking Conditions.
We may amend these booking conditions from time to time. Your contract with us will not be affected by any such amendments made after the contract comes into effect. These booking conditions, and any contract between us, are only in the English language.
When the following words are used in these Booking Conditions, this is what they will mean:
- Booking Form means the booking form which you submit or complete online for the course chosen by you.
- Contract means the contract (as referred to in your contract/ when we confirm your booking below) for the provision of the activity.
- Activity means the activity identified on your booking form and detailed in our booking confirmation.
- Group Member means where the booking form identifies a group of individuals participating in the activity, any individual within that group.
- Group means the group identified on the booking form.
- Individual refers to the person who will be partaking in the course.
- You means the person submitting the booking form (or completing it online), or the participant and (in the case of a group booking) identified as the group leader on the booking form.
Qualifying Criteria means the criteria published on our website which determines whether the provision of an activity to you and to any other group member falls within our charitable objectives.
We/our/us means The Andrew Simpson Watersports Centres Ltd (Company registration number 08989055).
When we use the words “writing” or “written” in these booking conditions, this will include email unless we say otherwise.
Making a Booking
Please read these booking conditions carefully and the activity information contained in our current brochure or published on our website and make sure that you understand them before you book your sessions. Please check that the details on your booking form are complete and correct before completing it online.
After you have submitted your booking form you will receive an email from us acknowledging that we have received your booking and it is confirmed. All sessions shown on our website are subject to availability. All sessions are subject to cancellation. If the cancellation is on our behalf, we aim to offer alternative course dates.
You can only make a booking for a session if you are over 18 years old at the time of booking.
Please note that your booking form, together with the booking conditions and the description of the sessions published on our website, form the basis of your contract for the provision of the session.
If we agree with you any changes or additions to the standard session (as published on our website) or any other specific arrangements in relation to the session, we will confirm these changes and arrangements (if any) in our confirmation of booking to avoid any confusion.
If any of these confirmed changes or additions conflict with these booking conditions, the confirmed changes and additions will take priority. We will issue a written confirmation of booking within 7 days of our receipt of the booking form at which point these booking conditions will become binding on you and us and a contract will come into existence between you and us.
Cancellation Policy
You may cancel your booking at any time.
Written notification of cancellation can only be given by you (as the group leader) and must be received by us as soon as possible. The date of cancellation is the date we receive your written notice of cancellation.
Alterations by you
We will, wherever possible, try to arrange any reasonable and appropriate alterations, you may request after the contract is formed. Alteration requests must be made in writing to us by you (as the group leader).
Alterations by us
The arrangements detailed in the booking form and in our brochure are given in good faith at the time of printing, but we reserve the right to provide comparable alternative arrangements if operational or other considerations so dictate.
No employee or representative of ours has the authority to verbally vary these booking conditions or the information within our brochure or other literature or to enter into verbal agreements with our clients.
If we make a major change to your booking, we will inform you as soon as reasonably possible.
Images
From time to time we and our authorised contractors or authorised delivery partners may carry out photography and/or video recording of group members as they participate in the sessions. You agree that we may use such images in promotional, advertising or publicity material in any format whatsoever including but not limited to display on our website.
You further agree that copyright rests with us or our authorised contractors. You will be responsible for bringing each group member’s or individual participant’s attention to this condition. If you, any group member or any participant wish to opt out to audio or visual recordings and photographs being taken, we will give the opportunity to do so at the start of the activity.
Insurance
We hold Public Liability Insurance for all Swim Free locations where lessons are adminsistered by the Andrew Simpson Foundation. At locations where lessons are delivered by one of our authorised delivery locations, the deliverer will hold their own public liability insurance.
Events Beyond our Control
We will not be liable for any failure to perform any of our obligations under the contract that is caused by any event beyond our control. We also reserve the right to cancel/curtail your session if we are prevented from providing the sessions due to any event beyond our control. If we have to cancel the contract due to an event beyond our control, we will promptly notify you.
For the purpose of this section “event beyond our control” means any event or circumstance beyond our reasonable control including, but not limited to, war, riots, government action, terrorism (or threat of terrorism), fire, explosion, flood, earthquake, epidemic and other natural disaster, extreme weather conditions, strike action or other industrial action by employees of third parties, and unavailability of key third party personnel, equipment or facilities necessary for the performance of the course.
Our Liability
We accept responsibility for any loss or damage that you or any group member suffers (outside your respective business or profession) that is a foreseeable result of our breach of our contractual obligations or our negligence should any of the services which we are contractually obliged to provide prove deficient or not of reasonable standard.
This includes responsibility for the acts or omissions of any of our employees, subcontractors and suppliers. However, we are not responsible for any loss or damage that is not foreseeable or for any loss of profit, loss of business or business opportunity you may suffer as a result of our breach. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract. Except as detailed below, no liability is accepted for death, injury or illness.
We do not exclude liability or responsibility for personal injury to, or the death of any participant in an activity caused by our negligence or the negligence of our employees, suppliers or subcontractors. We do not accept liability for causes of dissatisfaction in respect of our provision of the activity that are not notified to us, in writing, within 28 days of completion of the activity or, if you become aware of such cause at a later date, as soon as possible after you have become so aware.
Fitness/Medical Information
You and all group members must be physically fit to take part in the sessions. The declaration form should contain reasonable details of any known potential medical conditions that may affect the personal safety of any group member and we should be notified in writing, in good time prior to the start date of the sessions, of any special needs which you or any group member have and of any other information which we have indicated in our confirmation of booking is necessary for participation in the sessions.
You are responsible for notifying to us the details of any such medical or special needs for yourself and any group member who is a member of your family and for asking other group members for such details and for passing on promptly to us any such information which they provide to you.
Prior to the start of the sessions or during the session induction we require you and each group member (or parent or guardian of any group member under 18 years old) to provide a signed declaration (in our required form) as to the fitness, swimming ability and medical or special needs (as referred to above). Any group member (including yourself) who has not provided the declaration will not be able to participate in any sessions until they have provided the declaration.
By signing an indemnity form on behalf of an individual taking part under the age of 18, you will be responsible for ensuring the following conditions are adhered to. All adults accompanying a group or individual agree to be responsible for the good behaviour of those in their group and will adequately supervise their own group. Where damage is caused to our or any third party’s equipment e.g. boats, etc as a result of wilful damage by a group member or individual under the influence of drink or drugs, or as a result of a group member or individual not obeying our staff’s instructions, then you (as the group leader or responsible adult) will be responsible for the full amount of the repair or replacement.
We will not be liable for any delay or non-performance as a result of our not receiving the information referred to in this section on time.
Complaints
Our aim is to give you an enjoyable and trouble-free session. If you do have a problem or complaint, it is important and in your own interest to tell a relevant member of senior staff immediately so that steps can be taken to resolve the matter on the spot.
If your complaint cannot be resolved there and then, please notify us, in writing, immediately upon your return. We strongly recommend that you communicate any problem to our staff without delay and complete a report whilst at our partner venue, if you do not, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on the activity and this may affect your rights under the contract.
We will make every effort to provide suitable alternatives but will not be held liable for changes made by outside influences. Disputes arising out of, or in connection with the contract that cannot be amicably settled may be referred to arbitration, if you so wish, under a special scheme that is administered quite independently by the Chartered Institute of Arbitrators.
Our staff are often asked for information not contained in the brochure or published on the website. Whilst every effort is made to ensure that all information given is correct, we cannot be held responsible if this should prove inaccurate. All participants over the age of 18 will be provided with a feedback form which can be completed anonymously if desired. Please take this opportunity to register any concerns and hand them back to the senior member of staff on duty, alternatively it can be completed online.
Equipment
All equipment used by us is of an approved design suitable for teaching. All buoyancy aids and other watersports clothing, harnesses and helmets are of an approved design.
How to Contact us / How we Will Contact you
If you wish to contact us in writing, or if any clause of these Booking Conditions requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by email, by hand, or by pre-paid post to our postal address and e-mail address given in the Contact Us page on our website or email enquiries@swim-free.org.uk. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by email to the email address and by hand, or by pre-paid post to the postal address you provide in each case in the Booking Form or to any other e-mail address or postal address which you have previously notified to us in accordance with this section as being the address for communications in relation to the contract. Any notice or communication which we send by email to any such email address shall be treated as received by you at the time of transmission unless we receive an error transmission report from our external electronic communications gateway.
Other Important Terms
We may transfer our rights and obligations under the contract to another organisation, but this will not affect your rights or our obligations under the contract. We will always notify you in writing or by posting on our website if this happens. You may only transfer your rights or your obligations under the contract to another person if we agree in writing and that other person (in the case of a group booking) agrees with us to assume the responsibilities of the group leader under the contract.
The Contract is between you (and each group member in the case of a group booking) and us. No other person shall have any right to enforce any of its terms. Please note that the contract is governed by English Law. This means the contract and any dispute or claim arising out of or in connection with it will be governed by English Law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim.
We will not file a copy of the contract.
How we Use your Personal Information
By using our booking process, you consent that we may process the personal data (including sensitive personal data) that we collect from you for the following purposes, and you confirm that you have obtained the consent of each Group Member to such processing:
- providing the sessions
- processing your payment for the session
- providing medical information to emergency services if required
We will not give your personal data to any other third party without your prior written consent.
