Terms & Conditions
clubSENsational LTD - Terms & Conditions 2024
Please read these terms and conditions carefully before making any order (booking) from us.
By ordering any products or services from us you are agreeing to these terms and conditions.Full payment indicates that you have read and agree to these terms and conditions.
1. INTRODUCTION
We are ClubSENsational Ltd, a company registered in England and based at 16 Tamarisk Square, London, United Kingdom, Company ́s Registered Number 13755417, Contact Telephone Number 07592558671, an Email: info@clubsensational.org , and references to “we”, “us”, “our” and similar expressions should be read as references to that company. If you need to contact us all relevant information can be found on our website www.clubsensational.org
2. BACKGROUND
2.1. You have made a booking with ClubSENsational Ltd ("we" or "us").
2.2. The booking confirmation, together with the Booking Ts&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.
2.3. You hereby agree that you accept the terms of the booking confirmation together with the Booking Ts&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.
2.4. 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 or telephone call. It is your responsibility to inform us of any changes to your email address.
2.5. The booking confirmation, together with the acceptance of the T&Cs, constitutes the entire agreement between us and you. Current customers will accept the T&Cs when they receive the online invoice before completing the payment.
2.6. Each of the paragraphs of these terms operates separately, if any court or any relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
3. RELATIONSHIP WITH THE SPECIALIST
3.1. We have a wide range of specialist (Who we are: All of our specialist is a SEN specialist authorized and accredited by ClubSENsational Ltd to run lessons in accordance with our model.
1. Our SEN specialist is the person who will be providing the classes to your child, in accordance with the terms of the Agreement.
2. We reserve the right to replace Specialist on a temporary or permanent basis, if necessary, once the Term has started.
3. The specialist can be temporarily or permanently replaced during lessons.
4. Where a replacement specialist is not available, classes may be cancelled at short notice.
5. The SEN specialist is not responsible for bookings or other administrative duties. This will be carried out by ClubSENsational Ltd management outside of lessons time.
6. Where a replacement SEN specialist is provided, classes will take place and in such event we shall not offer a replacement class.
7. The SEN specialist reserves the right to give personal contact details to any customer or potential customer.
8. ClubSENsational reserve the right to not guarantee the choice of the specialist to the parents. However, we will try to accommodate where possible.
9. SEN specialist is not responsible for toileting, showering and changing, apart of the After School lessons and Sunday therapy lessons.
10. (Only Swimming therapy and Sunday sessions)All of our SEN specialists swimming instructors are qualified with STA or ASA qualifications and we hold employer’s liability and public liability insurance.
11. (Only Swimming therapy and Sunday sessions)The SEN specialist has the right to use appropriate physical manipulation to aid learning of the aquatic skills.
2. HEALTH AND SAFETY
2.1. The SEN specialist 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 SEN specialist accepts charge of the student from the parent or guardian and ends when the student is returned to the designated pick-up and drop-off point at the end of the class. Although SEN specialists will endeavour to hand the student back directly to the parent or guardian, the student is the full and sole responsibility of theparent or guardian when the student is returned to the designated pick-up and drop-off point at the end of the lesson.
2.2. All medical needs and administering of medication remains the responsibility of the parents and/or guardians at all times.
2.3. If a ClubSENsational staff member is establishing a conversation with parents/ and or guardians before/after the lesson, the responsibility for the student remains with the parents and/or guardians at all times.
2.4. We do not assume responsibility for you, your children or any other visitor who may be with you.
2.5. (Only Swimming therapy and Sunday sessions) At all lessons, at least one of our SEN specialists will have; First Aider at work or NPLQ lifeguard qualification or RLSS safety award.
2.6. Only After school lessons- Consent form needs to be signed before starting the first lesson.
2.7. Only After school lessons: Our standard group ratio of coach to group member is 1:3, and reduced to 1:2 if appropriate and demand necessary for all of our clients.
2.8. Only After school lessons, Sunday lessons and Swimming Therapy lessons: All students will be supported in 1:1 at all times, and 2:1 if appropriate and demand is needed.
3. CLIENTS INFORMATION
3.1. In order to provide the best possible service you must provide all the information regarding the client´s health and any medical conditions, allergies or special needs they may have.
3.2. You must also advise your SEN specialist if the client has had any injuries, signs of illness or has taken any kind of medication in the past 24 hours, prior to them to start a lesson.
3.3. Before the lesson starts, parents and/or guardians must share any important information about their child that could affect the wellbeing of them or others.
3.4. We reserve the right to not teach a client if we have reason to believe their condition would affect their ability to take part in the lessons in a safe manner.
3.5. We reserve the right to move a client time if it is a benefit for his/her or other student.
3.6. The identity form needs to be completed before starting any of our services. This will be supplied with your booking.
3.7. Only After school lessons and Sunday lessons: once the lesson has begun, no parents/careers may be present at the lessons, unless they receive the consent of a clubSENsational director.
3.8. Only After school lessons and Sunday lessons: even if parents are not present at the lessons, they should remain close to the facilities and be available at all times.
4. VENUE/CLASSROOMS POLICY
4.1. Each individual venue has its own safety and health rules, we will remind you of any specific rules at the beginning of your enrollment, depending on which pool/pools you are accessing.
4.2. As we have contractual arrangements to use the venues/classrooms as a third party provider, you are required to adhere to the club rules and policies at all times.
5. PRIVATE LESSONS IN YOUR PROPERTY
5.1. When you book a lesson in a private building/own property you are solely responsible for accessing the building in time for that lesson; whether you are a resident of that building or not. ClubSENsational Ltd is not allowed to manage building access for lessons taking part in private venues. We therefore cannot be held accountable if you miss your lesson.
5.2. (Only Swimming therapy sessions) Lessons in outdoors pools will be held under all weather conditions, except thunder and lightning, in which case, the SEN specialist will cancel the lesson and the tuition fees will be fully refunded.
6. DATA
6.1. Full payment indicates that you have read and agree to these terms and conditions.
6.2. We are registered under The Data Protection Act 2018 which is the UK’s implementation of the General Data Protection Regulation (GDPR).We process and store data on living individuals.
6.3. We will not share you or your child data for any other purposes without your permission.
6.4. You must inform us of any change in address, contact details, student health or condition and also if there is a change of Guardian / Carer. These and any other relevant changes must be sent to clubsensational@gmail.com as soon as possible for the administration team to update our records.
7. BOOKING AND PAYMENT
7.1. Lessons are booked on a termly basis and until the last lesson of the term.
7.2. Where lessons are started once the term has begun, fees will be charged on a ‘pro rata’ basis.
7.3. We are unable to facilitate ‘part term’ bookings where your request is to end the term early.
7.4. Bookings are not confirmed until payment has been received. You will always be
provided with a confirmation of your booking via email.
7.5. Payment is due in full by the date outlined in your enrollment email. Failure to do so
by the outlined date may result in your slot being given to another client.
7.6. We will send you details on how to pay after you have completed the registration
form and have agreed to these terms and conditions.
8. INCREASE OF FEES
8.1. ClubSENsational Ltd reserves the right to increase course fees in future terms.
8.2. Fees will be advertised in advance of any new course.
9. ENROLMENT
9.1. If you wish to start any of our services with us, you should contact
info@clubsensational.org or call the following number: 07592558671.
9.2. Once you have contacted us and we have agreed on a date, we will send you an
enrollment email with our Terms & Conditions and the payment details.
9.3. In cases where we are unable to find a suitable date due to lack of availability, we
will add you to our waiting list, where you will receive priority booking for the
following term, ahead of any new customers.
10. RE-ENROLMENT
10.1.If you have completed any of our services with us, you will be given priority to apply
for the next term, we will contact you 2-3 weeks before the end of the current term.
10.2.We will do our best to schedule your lessons for the same day/time as the previous
term, and with the same SEN specialist, however, this may not always be possible
and we are within our right to change the day and/or time of the lesson and the SEN
specialist (male or female).
10.3.From time to time we may make changes or improvements to our booking systems
and processes, and will notify you of these.
11. CANCELLATION
11.1. Cancelling the course
11.1.1.No refunds will be given on or after the day of the first lesson unless for medical
reasons. Course cancellations must be made by emailing the following
address: info@clubsensational.org
11.2. Cancelling a single lesson
11.2.1.We cannot guarantee a replacement lesson if a class is either cancelled or missed.
11.2.2. Once the invoice has been issued the booking cannot be cancelled or refunded.
11.2.3.Make up lesson will be provided due to pool closures for maintenance/repairs during term lessons, including issues with water temperature.
11.2.4.Please note that inexceptional circumstances, ClubSENsational reserves the right to cancel lessons and courses. In such events, replacement classes will be offered.
11.2.5.Where SEN specialist is unavailable for your lesson you will be notified as soon as possible before your lesson.
12. LESSON MANAGEMENT
12.1.Calendars
12.1.1.Term dates are specific to each venue/activity/lesson. We have the right to change dates subject to us giving you prior notification.
12.1.2.Assigned Term dates may not always coincide with your school term dates and we are unable to replace lessons missed as a result.
13. LIMITATION OF LIABILITY
13.1.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 one term 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.
13.2.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 SEN specialist.
13.3.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 SEN specialist'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.
14. FORCE MAJEURE CLAUSE
4.1.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 major 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.
15. CONTRACT END
15.1.We may need to end our agreement with you, in writing.
15.2.If you do not, within a reasonable time, provide us with information that is necessary for us to carry out our services in providing any of our services.
15.3.If you fail to make any payment to us when it is due, if you have breached these terms.
16. WAIVER
16.1.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 particular 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.
16.2.Third Party Rights
16.2.1.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.
17. CHOICE OF LAW AND JURISDICTION
17.1.The Agreement shall be governed by and construed according to English law.
18. CHANGE OF CONDITIONS
18.1.From time to time, ClubSENsational Ltd may update these terms and conditions by sending you either an updated version, or a notification of minor changes.
18.2.If you are not happy to accept these changes, please notify us of your non acceptance at info@clubsensational.org within 14 days after you have received the update.
18.3.If you fail to inform us, we will understand that you have accepted our updated agreement terms.
18.4.We may also change the time of the lesson or the SEN specialist (male or female) if
we deem it necessary. All CLUBSENSATIONAL LTD SEN specialists are qualified to teach every level of each of our programmes.
19. COMPLAINTS
19.1.Our aim is to ensure that you are happy and satisfied with our service.
19.2.If you have any questions, complaints, or compliments about the lessons we provide,
w e w i l l b e v e r y h a p p y t o h e a r f r o m y o u . P l e a s e c o n t a c t u s on: info@clubsensational.org and we will get back to you within 48 hours.
20. DEFINITIONS
20.1.In respect of these Booking Ts&Cs
• (Only for swimming)"Crash 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 each venue (as may be amended by us at our discretion from time to time);
•"Working Day" means any day (other than a Saturday or Sunday) on which the banks are ordinarily open for business in England.