TABLE OF CONTENTS

1. These terms ............................................................................................................. 1
2. Information about us and how to contact us ............................................................. 1
3. Our contract with you................................................................................................ 1
4. Our services ............................................................................................................. 1
5. Our rights to make changes...................................................................................... 2
6. Providing the services .............................................................................................. 2
7. How to end the contract with us (including if you have changed your mind) ............. 4
8. Our rights to end the contract ................................................................................... 5
9. If there is a problem with the service ........................................................................ 5
10. Price and payment.................................................................................................... 6
11. Our responsibility for loss or damage suffered by you .............................................. 7
12. How we may use your personal information ............................................................. 7
13. Other important terms............................................................................................... 8

Agreed terms
1. These terms

1. 1.1  What these terms cover. These are the terms and conditions on which we supply services.
2. 1.2  Why you should read them. Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2. Information about us and how to contact us

1. 2.1  Who we are. We are Billie's Fins Ltd trading as Billie's Fins Swim School , a company registered in England and Wales. Our company registration number is 10505876.
2. 2.2  How to contact us. You can contact us by telephoning 01775 828878 or by writing to us at grouplessons@billiesfins.com/privatelessons@billiesfins.com.
3. 2.3  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.
4. 2.4  "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

1. 3.1  How we will accept your booking. Our acceptance of your booking will take place when we email or write to you to accept it, at which point a contract will come into existence between you and us.
2. 3.2  If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this in writing and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the service or because we are unable to provide the services at the time of your booking.
3. 3.3  We only sell our services to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not provide services to addresses outside the UK.

4. Our services

4.1 Subject to these terms, we shall provide fully-trained and qualified swimming instructors and assistants to teach swimming lessons to children as described in

any booking that is accepted by us. Our instructors and assistants use an in-water approach to teaching but may also teach lessons outside of the pool as necessary.

4.2 All of our services are provided subject to these terms and to the Billie’s Fins Code of Conduct and Practice that is appended to these terms.

1. Our rights to make changes

5.1  Minor changes to the services. We may change the service:

1. 5.1.1  to reflect changes in relevant laws and regulatory requirements; and
2. 5.1.2  to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not adversely affect the provision of the services.

5.2  More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.

6. Providing the services

1. 6.1  When we will provide the services. We will supply the services to you until either your subscription expires or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
2. 6.2  We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
3. 6.3  What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, details of any medical conditions or allergies your child is subject to or suffers from. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

1. 6.4  Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
   1. 6.4.1  deal with technical problems;
   2. 6.4.2  update the services to reflect changes in relevant laws and regulatory requirements;
   3. 6.4.3  make changes to the service as requested by you or notified by us to you (see clause 6); or
   4. 6.4.4  attend to issues of conduct or behaviour that are not in accordance with the Billie’s Fins Code of Conduct and Practice.
2. 6.5  Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. If we have to suspend the service for any reason other than that set out in 7.4.4, we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 3 consecutive weeks and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
3. 6.6  We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.4) and you still do not make payment within 15 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 12.8). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.7).

7. How to end the contract with us (including if you have changed your mind)

7.1 Tell us you want to end the contract. To end the contract with us we require x4 weeks cancellation, please let us know by doing the following:

7.1.1   Email us at grouplessons@billiesfins.com. Please provide the swimmers full name and lesson time

8. Our rights to end the contract

1. 8.1  We may end the contract if you break it. We may end the contract for the service

at any time by writing to you if:

1. 10.1.1  you do not make any payment to us when it is due and you still do not make payment within 15 days of us reminding you that payment is due;
2. 10.1.2  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service, for example, a completed health form or payment; or
3. 10.1.3  you or your child breach the Billie’s Fins Code of Conduct and Practice.
4. 8.2  You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract

9. If there is a problem with the service

9.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone Billie on 07768 731035 or write to us via email grouplessons@billiesfins.com

9.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the service. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The product you will be buying will be classed as services at law, other examples of a service are a support contract for a laptop or tickets to a concert, the Consumer Rights Act 2015 says:

you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

if you haven't agreed a price beforehand, what you're asked to pay must be reasonable. if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

10. Price and payment

10.1  Where to find the price for the service. The price of the service (which includes VAT) will be notified to you in writing before you place your booking. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the service you booked.

10.2  We will pass on changes in the rate of VAT. If the rate of VAT changes between your booking date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.

10.3  What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the service's correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the service's correct price at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.

10.4  When you must pay and how you must pay. We accept payment by Cash, card and direct debit. 

10.5  If you have booked a group lesson, then payment is due via Direct Debit at the start of each month to secure your child’s space. Full term commitment period or a minimum of 12 weeks, the lessons will only cease if a cancellation is submitted via email. We require x4 weeks notice for all cancellations. 

10.6  If you have booked private lessons, then payment is due via Direct Debit at the start of each month then you will be invoiced for the amount of lessons requested .You must pay each invoice within 14 calendar days after the date of the invoice.

10.7  We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10.8  What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

11. Our responsibility for loss or damage suffered by you

11.1  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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.

11.2  We do not exclude or limit in any way our liability to you 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 the service as summarised at clause 11.2.

12. How we may use your personal information

12.1  How we will use your personal information. We will use the personal information

you provide to us:

1. 12.1.1  to supply the services to you;
2. 12.1.2  to process your payment for the services; and
3. 12.1.3  if you agreed to this during the booking process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.

12.2  We may pass your personal information to credit reference agencies. Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

12.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.

13. Other important terms

13.1  We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

13.2  You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause Error! Reference source not found. to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services.

13.3  Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

13.4  If a court finds part of this contract illegal, the rest will continue in force. 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.

13.5  Even if we delay in enforcing this contract, we can still enforce it later. 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 the services, we can still require you to make the payment at a later date.

13.6  Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

Billie’sFins Conditions for swimming 

To help keep our facility clean please remove outdoor shoes in the foyer and buggies are not permitted must be removed before entering the changing rooms and poolside. 

All swimmers must shower before entering the pool, make up and jewellery are not to be worn in the pool.

All children in Little Fins-  Pre comp classes must wear a Billie’sFins swim hat. These can be purchased from reception for £7.

All babies and toddlers who are not toilet trained during the day or night must wear a swim nappy and a neoprene nappy over the top. 

Swimmers are unable to attend if they have had diarrheaor sickness within 72 hours of their lesson. 

Children must be supervised at all times. Your child will remain your responsibility in our facility and throughout the class; this also includes the car park. Running or fool play is not permitted in our facility. We will not be responsible for any injury or accident caused as a result of guardians or children failing to abide the rules. 

Photography is not permitted in the facility. 

Please note that safety is of the upmost importance to us and we reserve the right to remove anyone from the facility should we feel that safety is in any way compromised.

To help keep our facility clean please remove outdoor shoes in the foyer and buggies are not permitted must be removed before entering the changing rooms and poolside. 

Swimmers are unable to swim until a Billie’sFins Health form has been completed. 

Minimum full term or 12 week commitment period. Payments will only be cancelled if we have received a cancellation email providing us with x4 weeks notice.