Training Holiday Terms & Conditions
We're providing you fantastic coaching services in a training holiday environment to help you improve your ability as a triathlete. You're responsible for your own improvement, ability and safety at all times. Triathlon insurance (including training), personal accident and cancellation insurance is compulsory.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 12.3;
(b) Booking: your order for the Services completed by You submitting the booking form via Our website together with any amendments confirmed by Us to You (if any);
(c) Services: the services that We are providing to You as set out in the Booking;
(d) Terms: the terms and conditions set out in this document;
(e) We/Our/Us: Tri Swim Coaching Ltd registered in England and Wales under company number 09496011 and with our registered address at 6 Ellaway Road, Steventon, Abingdon, OX13 6GB; and
(f) You/Your: the person or persons listed on the Booking.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
1.3 Where the expression “You” refers to two or more persons, the obligations or rights expressed relate to directly to each individual forming You, the client.
1.4 Unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Services to You.
2.2 Please ensure that You and, where applicable, each person listed on the Booking, have read these Terms carefully, and check that the details on the Booking and in these Terms are complete and accurate, before You submit the Booking. If You think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.
2.3 When You submit the Booking to Us, this does not mean We have accepted your order for Services. Our acceptance of the Booking will take place as described in clause 2.4 below. If We are unable to supply You with the Services, We will inform You of this in writing and We will not process the Booking.
2.4 These Terms together with the Booking will become binding on You and Us when you make full payment for a Booking, at which point a contract will come into existence between You and Us.
2.5 If any of these Terms conflict with any term of the Booking, these Terms will take priority.
3. CHANGES TO BOOKING OR TERMS
3.1 We may revise these Terms or the Booking from time to time in the following circumstances:
(a) changes in relevant laws and regulatory requirements; or
(b) whilst unusual, amendments to Your Booking.
3.2 If We have to revise these Terms under clause 3.1(a), We will give You at least one month's written notice of any changes to these Terms before they take effect. If We amend the Booking under clause 3.1(b), We will notify You as soon as reasonably practicably of any such amendments to the Booking. If the amendment is a material amendment which causes You a significant change to Your Booking, You can choose to cancel the contract in accordance with clause 13.
3.3 The information and the training holidays outlined in our literature and on Our website are designed to be illustrative only in order to explain the scope and type of activities You may undertake during the training holiday. Due to the very nature of the training holidays being designed to meet the abilities; physical fitness and aims of both Yours and Our other clients participating in the training holidays, it is unlikely that any one training holiday could be or would be precisely as published.
3.4 You may make a change to the Booking for Services any time prior to the arrival date set out in the Booking by contacting Us in writing. Whilst We will endeavour to meet Your requirements, We cannot guarantee We will be able to meet all requests.
3.5 Where You are prevented from attending the training holiday, We will agree to Your Booking being transferred to a named individual introduced by You who satisfies all the conditions applicable to Your Booking and whom has not been asked by Us to leave a previous training holiday, Subject always to both persons accepting joint and several liability for full payment of the Booking price and Our charges for confirming the transfer and any additional costs arising from the transfer including any difference in price applicable to You but not the person to whom Your Booking is transferred to. We must be given reasonable notice of the transfer request, which is considered to be at least 14 days prior to Your arrival date.
3.6 Where a request under this clause means a change in the total price of the Services, We will notify You of the amended price in writing. You can choose to cancel the Booking in accordance with clause 13 in these circumstances.
3.7 If You wish to cancel a Booking before it has been fulfilled, please see your rights to do so in clause 13.
4. PROVIDING SERVICES
4.1 We will supply the Services to You from the arrival date until Your departure date, each date as set out in Your Booking.
4.2 We will need certain information from You that is necessary for Us to provide the Services, for example, details of Your flight arrival and departure times, any special dietary requirements and any medical conditions which may impact on Your ability to partake in the coaching activities. We will contact You in writing about this. If You do not, after being asked by Us, provide Us with this information, or You provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required. We will not be liable for any delay or non-performance where You have not provided this information to Us after We have asked.
4.3 The abilities; physical fitness and aims of each participant on Your training holiday and the weather are all factors which can influence the Services and what can reasonably be achieved during Your training holiday. Taking these factors into account and the aims of the training holiday as described in Our literature, the Head Coach will construct the best coaching programme possible. The Head Coach may review and alter the programme as the training holiday progresses in response to the changing influence of these factors.
4.4 We may also have to adjust the coaching programme forming part of the Services if, for example we are unable to access the facilities to undertake the coaching and/or if a coach is taken ill. In such circumstances We will do our very best to make suitable alternative arrangements. We will contact You promptly to let You know in advance where this occurs.
4.5 We will make every effort to provide the Services. However, there may be delays due to an Event Outside Our Control. See clause 11 for Our responsibilities when an Event Outside Our Control happens.
4.6 If You do not pay Us the balance of the price for Your Booking on time as set out in clause 9 we shall cancel your Booking or, if the amounts outstanding relate to additional extras for Your Booking, We shall cancel such additional extras and retain as much of the payment made by You as is needed to cover Our reasonable costs and losses caused by such cancellation. We will contact You to tell You this. We shall take all reasonable steps to keep costs and losses to a minimum.
5.1 You are required to have due consideration for other people both on the training holiday and in the locality and in doing so, You must refrain from any conduct which may cause distress, danger, offence, annoyance and/or damage to any person or which risks damage to property belonging to others. Failure to do so, may lead to You being personally liable to such third party or the owner of the property.
5.2 If in Our reasonable opinion We believe You are in breach of Your obligation in clause 5.1, We reserve the right to take appropriate action in order to ensure the safety and comfort of Our clients and their property and that of Our agents and suppliers, including terminating Your Services with immediate effect.
5.3 In exercising our rights under clause 5.2, if We terminate Your Services under this contract, Our obligations under this contract to You (including any transfers arrangements) will immediately cease and We will not be responsible for any costs or expenses You may incur as a result nor will We make any refunds or pay any compensation to You. Further, you will be liable to reimburse Us for any expenses We incur necessarily as a result of such termination or other action under clause 5.2.
6. IF THERE IS A PROBLEM WITH THE SERVICES
6.1 In the unlikely event that there is any problem or issue with the Services:
(a) please contact Us and tell Us as soon as reasonably possible by informing Your Head Coach and/or contacting Us using the details at clause 15.2 below;
(b) please give Us a reasonable opportunity to investigate and resolve any issue; and
(c) We will use every effort to investigate resolve the issue as soon as reasonably practicable.
You will not have to pay for Us to resolve an issue with the Services under this clause 6.1.
6.2 As a consumer, You have legal rights in relation to Services not carried out with reasonable skill and care, or if the equipment We use is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
7.1 It is Your responsibility to ensure that You are in possession of all necessary and up-to-date travel and health documents before Your arrival date as set out in Your Booking. We regret we cannot accept any liability if You are refused entry onto any transport or into any country due to failure on Your part to carry out correct documentation and/or provide personal details as may be required.
7.2 Those clients with a non-British passport must check passport and visa requirements with the Embassy or Consulate of the countries to or through which You are intending to travel. For European holidays You should obtain a completed and issued form EHIC prior to departure.
7.3 You should take up-to-date health advice about the health precautions You will need to take prior to Your arrival date.
8. ACCOMMODATION AND OCCUPANCY
8.1 Only the persons listed on the Booking may stay in or use the accommodation and facilities provided to You as part of the Services. Sharing or sub-letting without Our prior written consent is not permitted under any circumstances.
9. PRICE AND PAYMENT
9.1 The price of the Services will be set out Our price list in force at the time We confirm your Booking. Our prices may change at any time, but price changes will not affect Bookings that We have confirmed with You.
9.2 We will contact each member of the group by email (where one has been provided) prior to Your arrival date to request the information set out in clause 4.2 and any additional extras You require for example, equipment hire. You are required to pay for such additional extras to Your Booking prior to Your arrival date. Failure to pay for any additional extras prior to Your arrival date may mean that additional fees may be charged to You and/or provision of such additional extras cannot be provided.
9.3 The price of any additional extras You request to Your Booking for Services will be set out Our price list in force at the time We confirm such amendments to Your Booking. Our prices may change at any time, but price changes will not affect Bookings that We have confirmed with You.
9.4 These prices are inclusive of taxes and charges, including but not limited to VAT. However, if the rate of the taxes (including but limited to VAT) changes between the date of the Booking and the date of delivery or performance, We will adjust the rate of the tax that You pay, unless You have already paid for the Services in full before the change in the rate of tax takes effect.
9.5 Where We are providing Services to You (including any additional extras requested by You under clause 9.2), We will ask You to make an advance payment of the full price of the Services. Your rights to a refund on cancellation are set out in clause 13.
9.6 However, if You dispute an invoice in good faith and contact Us to let Us know promptly after You have received an invoice that You dispute it, clause 9.4 will not apply for the period of the dispute.
9.7 Where a Booking has been submitted on behalf of two or more persons, the individual which submits the Booking is responsible for making all payments on behalf the group.
10. OUR LIABILITY TO YOU
10.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence. 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 this contract.
10.2 Other than set out in clause 10.7, We are not responsible for loss or damage which is caused by Our failure to perform or improper performance of these Terms which is due to:
(a) Your own acts and/or omissions or the acts and/or omissions of members of Your group;
(b) the acts and/or omissions of a third party not being a duly authorised agent of Ours in the provision of the Services; or
(c) an Event Outside of Our Control.
10.3 Note that the cycling coaching element of Our Services will always take place off public highways. We will design each training holiday programme to provide You with the opportunity to put into practice the cycling coaching You have received from Us.
10.4 Other than set out in clause 10.7, We are not responsible for any services which do not form part of our contract with You, for example, any additional services or facilities which the hotel or any other supplier agrees to provide You nor are We responsible for any loss and/or damage to luggage or personal possessions (including money).
10.5 We only supply the Services for domestic and private use. You agree not to use the Services for any business purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.6 Our maximum aggregate liability under or in connection with this contract whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a maximum of three times the costs of the Services paid by or on behalf of the affected client. This does not apply to the types of loss set out in clause 10.7.
10.7 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence, acts or omissions or the negligence, acts or omissions of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
11.1 It is Your responsibility to take out adequate triathlon insurance (including triathlon training), accident and travel insurance at the time of making Your Booking. Please note that some insurance policies exclude cycling except by way of transport and therefore, You will require additional insurance as the cycling coaching available and cycling undertaken with a guide on the training holidays will exceed such description.
11.2 We strongly recommend that You take out the insurance described in clause 11.1. If You choose to travel without adequate insurance cover, We will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible to pay any compensation, reimburse expenses or cover loses for any other amount or otherwise accept responsibility for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms We will contact You as soon as reasonably possible to notify You.
12.3 An Event Outside Our Control means any act or event of an unusual and unforeseeable circumstance beyond Our reasonable control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances include strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or failure of public or private telecommunications networks.
13. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
13.1 Before We begin to provide the Services, You have the following rights to cancel the Services, including where You choose to cancel because We have changed these Terms or Your Booking under clause 3.1 to your material disadvantage:
(a) You may cancel any Booking for Services at any time before the arrival date set out in Your Booking for the Services by contacting Us. We will confirm your cancellation in writing to You.
(b) If You cancel a Booking for Services under clause 12.1(a) and You have made any payment in advance for Services that have not been provided to You:
(i) where the cancellation is because We change these Terms or Your Booking under clause 3.1 to your material disadvantage, We will refund all these amounts to You. Please note that this right is not available where the change is a minor one; or
(ii) where the withdrawal or cancellation is due to events which are the fault, result, or wilful decision of You including without limitation, You choosing to cancel this contract under clause 3.6, We shall be entitled to retain as much of the payment as is needed to cover Our reasonable costs and losses caused by such withdrawal or cancellation. We shall take all reasonable steps to keep costs and losses to a minimum.
13.2 Once We have begun to provide the Services to You, You may cancel the contract for Services with immediate effect by giving Us written notice if we break this contract in any material way and We do not resolve the situation within a reasonably period of You asking Us to do so.
14. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
14.1 If We have to cancel a Booking for Services before Your arrival date set out in Your Booking for the Services, due to for example, the unavailability of key personnel without which We cannot provide the Services, We will promptly contact You to inform You. In such circumstances, You can either have a refund or accept a replacement training holiday from Us of closely similar standard and price, if one is available in the same calendar year. We will always refund the difference in price if the replacement holiday is of a lower standard and price.
14.2 We may cancel the contract for Services or such part of the Services at any time with immediate effect by giving You written notice if:
(a) You do not pay Us the balance of the price for the Services on time when You are supposed to as set out in clause 9.4. In such circumstances, We shall cancel that part of the Services for which payment remains due and outstanding and retain any deposit (if any) paid by You to Us for such Services; or
(b) You break the contract in any other material way including but not limited to such events described in clause 5 and You do not correct or resolve the situation immediately upon Us requesting You to alter Your behaviour. In such circumstances, We may terminate the Services and We will not make any refund, pay You any compensation or meet any costs or expenses You incur as a result.
14.3 Very rarely, we may be forced by an Event Outside Our Control to change or terminate Your Services after Your arrival date but before Your scheduled departure date. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay You any compensation or meet any costs or expenses You incur as a result.
15. INFORMATION ABOUT US AND HOW TO CONTACT US
15.1 We are an Ltd Company established in England and Wales. Our company registration number is 09496011 and Our registered office is at 6 Ellaway Road, Steventon, Abingdon, Oxfordshire, OX13 6GB.
15.2 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning 07429830696 or 07760449884 or emailing email@example.com.
15.3 If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the contract), You can send this to Us by e-mail to firstname.lastname@example.org. 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 e-mail.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 We will use the personal information You provide to Us to:
(a) provide the Services;
(b) process your payment for such Services; and
(c) inform You about similar products or services that We provide, but You may stop receiving these at any time by contacting Us.
16.2 We will not give your personal data to any third party.
17. OTHER IMPORTANT TERMS
17.1 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
17.2 This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
17.3 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.
17.4 If We fail to insist that You perform any of your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
17.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.