These are the terms and conditions on which Elite Swimming Academy (“we” and “us”) provide swimming lessons to you, the customer (“you”). Please read them carefully before making a booking with us.

Your attention is particularly drawn to Clause 21 (Our responsibility for loss or damage suffered by you or students).

1. Information about us and how to contact us
   1. We are ELITE SWIMMING ACADEMY LIMITED, a company registered in England and Wales. Our company registration number is 06917296 and our registered office is at Room 73, Wrest Park, Silsoe, MK45 4HR.
   2. If you need to contact us, all the relevant contact details can be found on our website at https://www.eliteswimmingacademy.co.uk/contact-us/
   3. If we need to contact you we will do so using the information you provided us with when registering with us on our website. If your contact details change, you can update them by logging in to your customer area on our website at https://admin.eliteswimmingacademy.co.uk/Account/Login
   4. When we use the words “writing” or “written” in these terms, this includes letter, email or SMS.
2. Registration
   1. Before making a booking, you need to register with us. You can do this either:
      1. online at https://admin.eliteswimmingacademy.co.uk/Account/Register; or
      2. by telephoning us using the details at https://www.eliteswimmingacademy.co.uk/contact-us/
   2. We will ask you for your name and the name of the student, together with details of any medical condition affecting the student as well as your contact details which will include your telephone number, email address and postal address (for billing purposes). You must tell us as soon as you can if any of these details change.
   3. Please note that we will use the information you provide us only in accordance with our privacy policy which you can access online here
3. The Lessons
   1. We offer two types of lessons:
      1. Intensive Courses – five day intensive courses which run during the school holidays; and
      2. Weekly Lessons – which run on a weekly basis during school term time.
   2. In these terms and conditions, the word lessons refers to both Intensive Courses and Weekly Lessons. However, a few terms in these terms and conditions either apply only to Intensive Courses, or only to Weekly Lessons. Where this is the case we refer specifically to either Intensive Courses or Weekly lessons.
4. Our contract with you
   1. Once you have registered with us you may make a booking for lessons by emailing or telephoning us.
   2. Your booking is not guaranteed until:
      1. we receive payment from you in full (or such other amount as we may agree acting in our absolute discretion); and
      2. we send you a confirmation email,

at which point a legally binding contract will exist between you and us.

• The contract will exist until the end of the last session of your booking, but note that your booking for Weekly Lessons will automatically renew for a further period (see clause 8).
• If we are unable to accept your booking, we will let you know as soon as possible and will refund any amounts you have paid to us. We reserve the right to not accept your booking for any reason and need not tell you why.
• Once your booking is confirmed you will be able to view and manage that booking by logging in to your customer area, online (as mentioned above).

5. Providing the Lessons
   1. We will provide the lessons at the dates, the times and at the locations as set out in your booking.
   2. Lessons will start at the time stated in your booking. If the student is late, the session forming part of the lessons will not be extended, and if the student fails to attend (save for any reason as referred to in clause 6) you shall not be due any credit or refund.
   3. From time to time we may need to cancel individual sessions forming the lessons you have booked. If this happens, we will let you know as soon as possible and you will have the following options:
      1. in respect of Weekly Lessons:
         1. attend an alternative catch-up session at a later date; or
         2. if you are not able to attend the catch-up session offered, receive a credit, redeemable against future bookings or receive a refund for the session(s) cancelled; and
      2. in respect of Intensive Courses:
         1. receive a credit, redeemable against future bookings: or
         2. receive a refund for the session(s) cancelled.
      3. We reserve the right to change the teacher taking the lessons you have booked and we don’t need to give you notice of this. We will only do this in exceptional circumstances and you acknowledge that such a change will not give you a right to cancel your booking.

6. Price
   1. The price we charge for lessons will be as set out on our website https://www.eliteswimmingacademy.co.uk/swimming-fees/ at the time you make your booking (and will be confirmed in our confirmation email). We use our best efforts to ensure that the price of lessons advised to you is correct.
   2. However, it is always possible that we may get the price of lessons wrong. If we realise that the price is higher than quoted we will contact you for instructions before confirming your booking and you have the right not to proceed with your booking. If the price is lower than quoted, we will only charge the lower amount.
   3. Our prices includes VAT and if the rate of VAT changes between the date when you make your booking and the date you pay, we will adjust the rate of VAT that you pay. If you have already paid for the lessons in full before the change in the rate of VAT takes effect then there shall be no additional amounts for you to pay.
7. Payment
   1. You must pay for lessons within the payment period as set out in the invoice we issue you. We accept all major credit and debit cards (excluding American Express). We may also accept alternative methods of payment (such as BACS transfer, cash or cheque) but at our absolute discretion.
   2. If you think the amount we have charged you is incorrect, let us know as soon as possible. We will investigate the matter and, if you have paid too much, refund you the extra amount you paid.
8. Weekly Lessions – Renewal
   1. Your booking for Weekly Lessons will automatically renew – this was made clear to you when you booked.
   2. You can opt-out of the renewal at any time by contacting us using the contact details on our website.
   3. We will send you an email at least two weeks before renewal letting you know the date renewal will take place and the price you will be charged. We will also remind you about how you can cancel the contract.
   4. Note that, to reflect inflation and increases in our costs, we may need to increase our prices from time to time. We will never increase prices for bookings you have made and will only increase them on renewal. If we do increase prices on renewal, we will make this clear to you at that time.
   5. We will issue you with an invoice prior to the date of renewal, which shall be payable within 14 days of the date of the invoice.
   6. Following the automatic renewal of your booking, you can cancel at any time within 14 days of that renewal and we will refund you in full for lessons paid for which we have not provided.
9. If you need to make changes to your booking
   1. If you wish to make a change to the lessons booked please contact us via email or telephone. We will use our reasonable efforts to accommodate your change, but make no guarantee that we will be able to do so.
   2. If we are able to make the change to your booking we will let you know about any variation in price, when we will provide the lessons or anything else which results from your requested change. We will ask you to confirm if you wish to go ahead with the change.
   3. If we are unable to make the change, or the consequences of the change are unacceptable to you, you may want to end the contract (see clause 17).
10. Illness and fitness to swim
    1. When registering you must provide us with details of any medical condition which affects the student, regardless of how serious it is. We reserve the right to decline to allow the student to take part in lessons where we reasonably believe their condition would affect their ability to engage in lessons.
    2. Where the student’s condition is such that we do not reasonably consider that they will be able to participate in lessons in the foreseeable future, we will refund any money you have paid us, in full (in accordance with clause 20). However, if the student’s condition is only temporary, then clause 6 will apply.
    3. If the student is unable to attend due to illness, please let us know as soon as possible and, in any event, by no later than 9 am on the day of the session forming part of the lessons.
    4. If the student or any person with whom they live, shows any sign of a stomach upset or other illness in the seven days prior to a session forming part of the lessons, you must inform us at least one hour prior to the relevant session. For the safety of other students we reserve the right to ask that the student does not take part in the session forming part of the lessons, or any session during a period of 48 hours thereafter.
    5. Save for as set out in clause 6 below, if the student misses a session forming party of the lessons due to illness, you shall have no right to a refund.
    6. At our discretion we may offer you credits if the student suffers from a serious illness or a family bereavement such that they are unable to participate in a session or sessions forming part of the lessons.
11. Students with disabilities and special needs
    1. We do all we can to accommodate students with disabilities and special needs.
    2. We will work with you to establish how best we can accommodate the student and will make recommendations on the level and type of teaching based on our professional judgement.
12. Responsibility for Students
    1. You are responsible for the student at all times, save for when they are in the water. This includes poolside prior to the commencement of any session forming party of the lessons and whilst they are in the changing area.
    2. All students must be fully toilet-trained before they can participate in lessons.
    3. We reserve the right to remove any student from a session forming party of the lessons (and you shall have no right to a refund) if the following rules are not complied with:
       1. you must remain at the premises at all times that the student is are in the pool;
       2. during session forming party of the lessons you must not interrupt or communicate with the teacher, distract other students or approach the poolside (unless in an emergency);
       3. you are responsible for any person you bring with you to the pool, as well as any student;
       4. photography and video recording at the pool is strictly prohibited at all times;
       5. the student must shower and go to the toilet before entering the pool;
       6. shoes must be removed before entering the poolside or, if available, overshoes are to be worn;
       7. no buggies or prams are allowed in the changing rooms or poolside;
       8. if the student has long hair this must be tied back or a swimming cap worn;
       9. the student may wear goggles, but we may ask them to remove them if their use disrupts the lesson;
       10. the student must not enter the pool until invited to do so by the teacher; and
       11. at the end of the lesson, the student must leave the pool quickly and in an orderly manner.

13. Our rights to make changes
    1. We may make changes to the lessons:
       1. to reflect changes in relevant laws and regulatory requirements; and
       2. to implement minor technical adjustments and improvements,

but these changes will not will significantly vary the nature of the lessons.

• In addition, as we may need to make more significant changes to the lessons and your booking, such as the time or location of the lessons. If we need to do this, we will let you know and you if you do not agree to the changes you can end the contract (see clause 16).

14. If there is a problem with the lessons
    1. If you have any questions or complaints about the lessons we provide, please contact us as soon as you can using the contact details on our website.
    2. Please note that we are under a legal duty to provide you with lessons in conformity with this contract and to provide the lessons with reasonable care and skill.
    3. Nothing in these terms will affect your legal rights.
15. Your rights to end the contract
    1. You can end this contract at any time by any of the methods listed in clause 18. However, when and why you end the contract will affect the refund or credit (if any) we give you. Please see the clauses below which set out when you can end the contract and what we will refund you.
16. Ending the contract because of something we have done or are going to do.
    1. If we have told you about an upcoming change to the lessons or these terms which you do not agree to (see clause 2), the contract will end immediately and we will offer you credits redeemable against future bookings or you can request that we refund you in full for any session forming party of the lessons which have not been provided. The reasons are:
17. Ending the contract where we are not at fault
    1. You can end the contract at any time even if we have done nothing wrong. If you do so we will reimburse you any money you have paid for session forming party of the lessons which we have not provided. However, at our discretion, we may deduct from any refund our reasonable compensation for the net costs we will incur as a result of your breaking the contract.
18. How to end the contract with us
    1. To end the contract with us, please let us know by contacting us via telephone or email using the contact details on our website at https://www.eliteswimmingacademy.co.uk/contact-us/.

19. Our rights to end the contract
    1. We may end the contract for lessons at any time by writing to you if you:
       1. do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide lessons;
       2. do not make any payment to us when it is due and you still do not make payment to us within seven days of us reminding you that payment is due; or
       3. have breached these terms which includes a breach of the provisions of clause 12.
    2. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for session forming party of the lessons we have not provided. However we may deduct from any refund our reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    3. We reserve the right to stop providing lessons at any time. If we do this we will provide you with as much notice as we are able and will refund any money you have paid for session forming party of the lessons which we will be unable to provide.
20. Refunds
    1. Any refund due to you on the cancellation of the contract will be refunded to you by the method you used for payment and within 14 days of you telling us that cancellation will take place.
21. Our responsibility for loss or damage suffered by you OR STUDENTS
    1. If we fail to comply with these terms, we are responsible for loss or damage you, or the student suffers which is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable.
    2. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    3. We do not exclude or limit in any way our liability to you or to a student where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to providing lessons.
    4. You are responsible for your belongings and the student’s belongings at all times whilst at the pool. We shall not be liable to you or the student for loss or damage to personal belongings whilst at the pool.
22. Professional Photography
    1. From time to time, you will have the opportunity to have professional photographs taken of your student underwater. You will be told in advance when this is to take place.
    2. Having the photographs taken is free of charge and you will have the opportunity to purchase any of the photographs should you wish. If you do choose to purchase any photographs, the arising contract shall be between you and the photographer and we shall have no liability to you in respect of it.
    3. Note that the taking of the photos will not affect the lessons, which shall proceed as normal.
23. Other important terms
    1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for lessons paid for but which were due to take place after the contract ends.
    2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    3. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    4. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide lessons, we can still require you to make the payment at a later date.
    5. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.