Terms and Conditions
1 These terms
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- What these terms cover
These are the terms and conditions on which we supply our lessons to you (or the person you have booked on behalf of).
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- Why you should read them.
Please read these terms carefully before you submit you book lessons with us. These terms tell you who we are, how we will provide our lessons, how the contract can change or end, what to do if there is a problem and other important information. All clients are expected to abide by these terms and conditions. In the unlikely event of failing to do so, a customer may be requested to cease lessons with Crazy Crabs Swim School. A refund will not be eligible.
2. Information about us and how to contact us
2.1 Who we are.
We are Crazy Crabs Swim School. Crazy Crabs Swim School is a sole trader business. The contract for swimming lessons is between yourself and Crazy Crabs Swim School to which you make the payment.
2.2 How to contact us.
You can contact us by writing to us at info@crazycrabsswimschool.co.uk
2.3 How we may contact you.
If we have to contact you, we will do so via alerts through telephone (voice call, WhatsApp or SMS) or by writing to you at the email address or postal address you provided to us. It is the client’s responsibility to provide the correct contact details.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Accepting orders for swim lessons.
We accept orders for swimming lessons via email with payment being made via bank transfer. Once payment has been processed, we will provide confirmation in writing via email, at which point a contract will come into existence between you and us.
3.2 What happens if we are unable to accept your order?
If we are unable to accept your order, we will inform you of this and will not charge you for the lessons you have attempted to book. This might be because the lessons you wish to book are fully booked already, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the lessons. If already bank transferred, we will issue a refund.
4. Your rights to make changes
If you wish to make a change to the lessons you have booked, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the lessons, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Our rights to make changes
5.1 Minor changes to the lessons. We may change the lessons:
5.1.1 to reflect changes in relevant laws and regulatory requirements; or
5.1.2 to implement minor technical adjustments and improvements, and these changes will not affect the quality or nature of the lessons.
6. Providing the LESSONS
6.1 When we will provide the lessons.
We will use our reasonable endeavours to provide the lessons to you on the dates set communicated via email corresponding to the package of lessons which you have booked. However, on occasion we may need to change the time/date of a lesson, in which case we will contact you to inform you of such change via WhatsApp, SMS and email as soon as possible. Crazy Crabs Swim School will not reimburse any expenses caused by a customer failing to receive their message. Crazy Crabs Swim School will always try to reschedule any lesson that has not been able to occur due to Crazy Crabs Swim School related issues which include but are not limited to, teacher illness or weather disruption for pools.
6.2 The lessons will not always be provided by the same instructor.
You acknowledge that, whilst we will use our reasonable endeavours to ensure that each of the lessons you have purchased are provided by the same instructor, this may not always be possible. In the event your usual instructor is unavailable to provide a lesson or multiple lessons for any reason, a suitably qualified alternative instructor will provide such lessons in place of the usual instructor.
6.3 Each lesson will take place during a 30-minute time period.
Scheduling of lessons requires us to allocate 30-minute slots for each lesson which includes any time spent getting in and out of the pool. Therefore, you must ensure that you (or, where you have booked on behalf of someone else, the person attending the lesson) is ready to begin the lesson promptly at the start of the 30-minute allocated time period.
6.4 We are not responsible for delays outside our control.
If our ability to provide the lessons on the originally scheduled dates is affected by an event outside of 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 and to reschedule the lessons. Provided we do this we will not be liable for delays caused by the event.
6.5 Reasons we may suspend the lessons. We may have to suspend the lessons to:
6.5.1 deal with technical problems or make minor technical changes: or
6.5.2 update the lessons to reflect changes in relevant laws and regulatory requirements, and we will contact you in advance to tell you we will be suspending the lessons, unless the problem is urgent or an emergency.
6.5.3 due to there being limited teachers within the swim school, lessons might have to be cancelled due to illness or prior engagement (which will have been communicated upon booking). Crazy Crabs Swim School will endeavour to provide the client with an alternate lesson (the process laid out in 6.7 or provide the client with a different swimming teacher as stated in 6.2).
6.6 We may also suspend the lessons if you do not pay.
If you do not pay us for the lessons when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the lessons until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the lessons.
6.7 Pool Closures. In the unlikely event of the pool not being available for use due to technical difficulties or health and safety issues Crazy Crabs Swim School will go through the following steps:
6.7.1 Our initial response will be to endeavour, where possible, to reschedule the lessons at the same venue for the nearest available space. This may need to be at a different time and/or a different day due to pool availability.
6.7.2 When alternative spaces at the same venue are not available due to classes being full, we endeavour to offer alternative lessons at nearby pools that hold lessons by Crazy Crabs Swim School. Please be aware that the days and times that lessons take place do vary across our venues.
6.7.3 When a pool is unavailable on a term basis (in excess of one week), on public health or other grounds (including pandemics) or acts of God, outside of Crazy Crabs Swim School control (not including operational issues with the pool), Crazy Crabs Swim School is not responsible for providing any further lessons during that time. In the unlikely event of this being the case and it is not possible to reschedule the classes at the end of the term, Crazy Crabs Swim School will use his/her best endeavours to either provide the remaining lessons in a future cycle or provide an alternative venue. Refunds cannot be offered under these conditions.
6.7.4 Clients will be notified of changes by WhatsApp, SMS and/or email. Crazy Crabs Swim School cannot be held responsible for any additional travel expenses incurred.
7. Your Obligations
7.1 You must comply with certain obligations in relation to the lessons.
During the lessons (and during any period in which you are at the premises from which the lessons are provided) you must:
7.1.1 accept that you (the client) are responsible for your children/minors under your guardianship at all times (except during swimming lessons where the child is NOT accompanied by an adult carer and with an instructor);
7.1.2 Be seated on poolside during the lesson. Carers taking part in Baby & Toddler classes must accompany children on poolside and in the water;
7.1.3 not treat any of our instructors or other staff, or any other participant in the lessons in an abusive manner;
7.1.4 not be under the influence of alcohol or any non-prescription drugs;
7.1.5 comply with any policies implemented by us and communicated to you from time to time (including, but not limited to, any policies relating to health and safety);
7.1.6 accept that at times there will be physical contact between the teacher and their child, in a professional, caring manner;
7.1.7 swimmers must not enter the pool until the teacher says it is safe to do so and must tell the teacher if leaving the pool before the end of the session. Swimmers must not run poolside;
7.1.8 ensure that you adhere to the strict nappy-wearing policy for those children not yet fully toilet trained. Nappies, (including disposable swim nappies) must not be left on the pool premises;
7.1.9 remove loose-fitting or sharp jewellery, tie back long hair and wear a swimming hat. All plasters and hair clips must be removed before swimming. No make-up or body lotions to be used;
7.1.10 not eat or chew gum during the lesson.
7.1.11. minimise lesson disruptions and incidences of children being sick during lessons. Maintaining hygiene standards and cleaning up after these problems often results in lessons being rescheduled, a costly inconvenience for other swimmers, us and our venues. This can be easily avoided by following these simple steps:
– Before your class only feed your child a light snack no later than an hour before lesson start (no large meals) and take them to the toilet.
– If your child feels unwell, however minor, do not bring them to the pool, and they should not swim again until fully well.
7.1.12 not drink alcohol prior to the lesson.
7.1.13 not smoke within any pool building, private pool property locations or school grounds;
7.1.14 follow pool procedures as advised in documents available to read at the pools. Clients should aim to arrive no earlier than 10 minutes before the lesson, then leave no more than 15 minutes after the lesson to help improve changing room comfort. Clients must adhere to instructions given to them regarding car parking, and entry and exit routes. Crazy Crabs Swim School cannot be held responsible for any consequential loss or damage to a client’s vehicle or property whilst in the pool’s grounds;
7.1.15 ensure the pool grounds are kept clean. Mess on the floor must be kept to a minimum and a member of staff must be informed if the floor is soiled. Strictly no outdoor footwear or buggies are allowed poolside (at certain locations, you will be advised prior to the lessons).
7.1.16 refrain from photography. Photography (other than by our professional photographers) is not permitted at any time during lessons that are not private. Clients will be asked to sign a consent form for their child to appear in any photographs or video taken by our authorised photographers and shared on social media or for marketing;
7.1.17 should the child or the adult taking the child into the water have, or develop, any known or suspected medical condition they must consult their doctor before taking them swimming and inform Crazy Crabs Swim School. All information received is treated in confidence and with sensitivity. Clients must never bring the child swimming if they have any illness such as an ear infection, diarrhoea, chicken pox, impetigo, conjunctivitis or merely a bad cold. They must wait until the doctor has given the all-clear before returning to classes. In the instance of sickness and diarrhoea the child must have been clear of all symptoms for at least 48 hours before attending a lesson.
7.2 You must comply with certain obligations at the point of booking lessons and entering into this contract. You must:
7.2.1 declare with your booking any information which is relevant to your (or the lesson participants, if different) ability to participate in the lesson prior to the lesson commencing. This includes, but is not limited to, any existing medical conditions or behavioural problems that they are aware of that the child, or adult if taking lessons, has which may be communicable or possibly be harmful to themselves or another person, or requires particular consideration during lessons such as individual educational needs. The client must agree to inform Crazy Crabs Swim School of any changes in any medical condition or psychological condition as soon as they are aware of them. All information will be kept strictly confidential, and it is at Crazy Crabs Swim School discretion to accept or refuse any applicant to join in classes.
7.3 Where you have booked the lessons on behalf of a minor, you must ensure that the minor also complies with the obligations set out in clause 7.1-7.2 whilst the minor is under your control or supervision.
7.4 You may be removed from a lesson if you do not comply with your obligations. Without limiting our rights and remedies under clause 10.1, if you (or the minor you have booked the lessons on behalf of) do not comply with the obligations set out in clause 7.1-7.2 we shall, in our absolute discretion, be permitted to remove you (or the minor, where relevant) from the lesson for some or all of the remaining duration of the lesson. For the avoidance of doubt, you will not be eligible for a refund.
8. Lost Property
All property left in changing rooms or on poolside, and all property left in entrance halls or outside, is left entirely at the client’s own risk. Crazy Crabs Swim School cannot accept any responsibility for the loss of or damage to any personal possessions. Left items that are recovered will be held by the Founder – Emma Goudge.
9. Refunds & lesson credits
9.1 Once payment has been made for courses; no refunds will be given under any circumstances.
9.1.1 This includes, but is not limited to, circumstances outside the control of Crazy Crabs Swim School such as Government lockdowns, anything related to Covid-19 or similar national issues, adverse weather conditions, power interruption, and ‘act of god’ as deemed to be contractually outside of the swim school’s control. Due to some pool’s being located outside, we endeavour to provide a ‘makeup’ class in the event of weather distribution which will be negotiated via email at a time/date suitable to the client. It is the responsibility of the client to respond and agree to the rearranged lesson time/date within a 1-month timeframe of the cancelled lesson.
9.1.2 In the event a client is unable to attend lessons due to sickness or holiday, Crazy Crabs Swim School is unable to refund lesson fees as fees secure the length of term agreed at the time of booking. If given over 24 hrs notice of the client being unable to attend the lesson due to sickness, then the swim school will endeavour to provide an alternative ‘makeup’ class at another time which will be negotiated via email at a time/date suitable to the client. It is the responsibility of the client to respond and agree to the rearranged lesson time/date within a 1-month timeframe of the cancelled lesson.
9.1.3 In exceptional circumstances, for example when a swimmer has a broken limb, the customer may have the opportunity to defer leftover lessons to a later date, contributing towards enrolment in a complete course of lessons, subject to lesson availability. In such cases, each request will be considered individually.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract and stop providing the lessons at any time by writing to you if:
10.1.1 You do not make any payment to us when it is due (before the classes are due to start) and you still do not make payment within 7 days of us reminding you that payment is due;
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 lessons; or
10.1.3 You (or the minor you have purchased lessons on behalf of) are removed from a lesson in accordance with clause 7.3 on more than one occasion.
10.2 You will not be entitled to a refund if you break the contract and you may be charged compensation. If we end the contract in the situations set out in clause 10.1 we will not refund any money you have paid in advance for lessons that we have not provided. We may still charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. Price and payment
11.1 Where to find the price for the lessons.
The price of the lessons (which includes VAT) will be the price set out in our price list at the date on which you make your order to book lessons, unless we have agreed another price in writing. We take all reasonable care to ensure that the price of the lessons advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of the lessons you book.
11.2 Changes in Pricing
Crazy Crabs Swim School reserve the right to alter and change prices of lessons in line with business and economic standards. The change of price will always be communicated to the clients. The change will not happen during a set term/course but before the start of a new term/course. Clients will then have the option to either rebook (as mentioned in 11.7) or chose to not.
11.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the lessons may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the lessons’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.4 When you must pay and how you must pay.
You must make an advance payment of the total price of your order before we start providing the classes unless we have agreed otherwise in writing. We accept bank transfer. Classes may be joined at ANY point in the term (and clients pay for the classes remaining).
11.5 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 Barclays Bank plc 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.
11.6 Once payment is received there are no refunds given irrespective of the reason.
No discounts are offered for siblings in groups as the prices are highly competitive. However, there is a discount provided for 2 siblings in a 2-2-1 lesson format. You can find this information and up-to-date pricing by emailing us.
11.7 Rebooking.
Clients will be asked during the term if they wish to continue with lessons for the next term. This is known as the renewal period. Places will be offered on a first-come first-served basis to both existing and new swimmers. Details on how to renew the space will be communicated to the client.
12. Our responsibility for loss or damage suffered by you
12.1 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.
12.2 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; or for breach of your legal rights in relation to the lessons.
12.3 We are not liable for business losses.
We only supply the lessons for domestic and private use. If you use the lessons for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. Safeguarding Policy & Procedures
We follow STA’s Child Safeguarding policy & procedures.
14. Changes to Terms and Conditions
From time-to-time Crazy Crabs Swim School may update its terms and conditions by publication to the website www.crazycrabsswimschool.co.uk. If any client is not happy to accept the changes, they should notify Crazy Crabs Swim School in writing of their non-acceptance within 14 days of receipt of the changes, failing any such communication from the client, Crazy Crabs Swim School will deem that they fully accept the updated agreement and terms.
15. Website
Material made available on Crazy Crabs Swim School website, including materials on linked sites directly or indirectly accessible from this site, are provided “as is”, with no warranty of any kind, express or implied, including those of merchantability and fitness for a particular purpose. Any reference to linked sites or to third party companies, products or services by name does not constitute or infer its endorsement by Crazy Crabs Swim School. Crazy Crabs Swim School has used all reasonable endeavours to ensure that information provided through its website is accurate at the time of inclusion; however, it accepts no liability for any inaccuracies, errors or omissions on the site.
The information available on the site may be incomplete, out of date or inaccurate. Crazy Crabs Swim School reserves the right at any time and without prior notice to make changes and corrections to the material on its site. Crazy Crabs Swim School accepts no liability for any loss of or damage to whatsoever nature caused by the use or the inability to use the materials available on its site or any linked site. Crazy Crabs Swim School has taken all reasonable steps to ensure that the Intellectual Property of third parties is not infringed. If, however, a client genuinely believes that the material on the site infringes any Intellectual Property rights, they must contact Crazy Crabs Swim School Head Office directly.
16. How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy .
Crazy Crabs Swim School respects its clients’ privacy and keeps any information that is shared with the swim school in confidence in line with GDPR Regulations. Crazy Crabs Swim School does what it can to discourage unsolicited spam and telephone calls. Crazy Crabs Swim School record clients’ personal information only if they provide it when expressing an interest in our services. Crazy Crabs Swim School do not share this information with any third parties. Crazy Crabs Swim School will call a client only if they are requested to or in urgent situations where direct contact is the best course of action. The swim school uses the client’s personal information only to serve them better. All images displayed on Crazy Crabs Swim School website are under the ownership of the photographer concerned. Agreement to display the photographs has been reached and they are not available to be copied.
16. Other important terms
16.3 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.
16.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses (or sub-clauses) will remain in full force and effect.
16.5 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.
16.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the lessons in the English courts.