Bradford Aquatics swim school membership contract conditions

1. These Contract Conditions

1.1 What these Contract Conditions cover

These are the terms and conditions on which we, the Council, will supply Swimming Services to you, the Consumer, under the Contract between us.

1.2 Why you should read them

Please read these Contract Conditions carefully before you sign the Application Form. These tell you who we are, how we will provide the Swimming Services to you, how you and we may change, suspend, end or cancel the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Contract Conditions or you are not clear what they mean, please contact us to discuss.

Definitions

The capitalised words and expressions referred to in the Contract have the following meanings:

"Adult" means the category of Member aged at least 16 years of age.

" Aquatot" means the category of Member aged up to 4 years of age.

"Application Form" means each application form for Swimming Services completed and signed by or on behalf of the Member.

"BASS" means Bradford Aquatic Swim School.

"BASS Membership Card" means the membership card issued to each Member who has paid the Fee for the Swimming Services.

"Benefit" means the vouchers and other benefits provided by the Council, at its discretion, to Members who have commenced payment of the Fee for Swimming Services.

"Bradford Aquatic Website" means the Council's website detailing the Swimming Services, Fees, the Benefits provided by the Council, the Pool Facilities, the contact details of the BASS team and other useful information as amended from time to time at www.bradford.gov.uk/sport-and-activities/swimming/swimming-lessons-with-bradford-aquatics

"Bradford Leisure Card" means the card issued by the Council which entitles cardholders to reduced admission costs to a number of leisure activities in the Bradford District, including the Swimming Services.

"Cancellation Period" means a period of 14 days after, but not including the Commencement Date and if the last day of that period is not a Working Day then that period shall be extended to the next Working Day.

"Commencement Date" means the date the Contract is created in accordance with the Notice sent to you by the Council as referred to in clause 3.1.

"Complaint" means any complaint in Writing from any person who feels aggrieved by the Council's provision of Swimming Services or any breach by the Council of any of its obligations under the Contract.

"Consumer" (you, your)" means the person whom enters into the Contract as a Member or any person signing on behalf of a Junior Member.

"Contract" means the contract entered into between the Consumer and the Council incorporating the Application Form and these Contract Conditions.

"Contract Conditions" means these contract conditions known and described as the Bradford Aquatic Swim School Membership Contract Conditions (as amended from time to time).

"Contract Period" means the period of the Contract from the Commencement Date until the Contract comes to an end as referred to at clause 6.1.

"Council (we, our)" means City of Bradford Metropolitan District Council

"Customer Code of Conduct" means the rules of conduct of the Pool Facility attended by the Member as displayed at and obtained from the relevant Pool Facility.

"Fee" means the VAT exempt fees from time to time charged to the Consumer by the Council for the Swimming Services subject to any available discount applied to the holders of a valid Bradford Leisure Card.

"Junior" means the category of Member of between 5-15 years of age.

"Member" means a member of BASS who has entered into this Agreement, who has paid for Swimming Services and who are issued with a BASS Membership Card.

"Month" means calendar month.

"Notice" means a notice sent in Writing.

"Pool Facility" means the swimming pool venue in the district of Bradford as referred to at the Bradford Aquatic Website at which the Member has elected to receive Swimming Services.

"RPI" means the Retail Price Index.

"Senior Citizen" means a Member aged at least 65 years.

"Swimming Courses" means the categories of swimming courses or lessons from time to time provided by the Council to Members which are dependent on the available activities at a Pool Facility, the age of the Member, the number of participants in a lesson and the time the lessons are taken in any Week, details of which are available at any Pool Facility and on the Bradford Aquatic Website

"Swim Wear Policy" means the Council's requirements regarding the swim wear to be worn at the Pool Facilities.

"Week" means seven consecutive days.

"Working Day" means any day excluding Saturdays and Sundays, Bank Holidays and any designated public holidays including Good Friday and Christmas Day.

"Writing" means by way of emails, subject to proof of receipt for otherwise by post or a Notice hand-delivered to any Pool Facility.

Information about us and how to contact us

2.1 Who we are

BASS is a Service of City of Bradford Metropolitan District Council of City Hall, Bradford BD1 1HY.

2.2 How to contact us

You can contact our BASS team by telephone, email, post or in person at any Pool Facility as detailed on the Bradford Aquatic Website as amended from time to time.

2.3 How we may contact you

If we have to contact you we will do so by email to you but otherwise only if necessary by telephone or post using the details you provided to us in the Application Form or subsequently in Writing from time to time.

3. Our Contract with you

3.1 How we will Contract with you

A Contract for the provision of Swimming Services by the Council to a Member will be entered into only once you have completed all the following, namely handed in your signed and correctly completed Application Form at your Pool Facility, you have received a Notice from the Council confirming what available Swimming Services you have been allocated and you have confirmed in Writing to us within 5 Working Days that you accept that allocation.

3.2 The Agreement between us

The Council agrees to comply with the Council's obligations under these Contract Conditions and provide the allocated Swimming Services to the Member and the Consumer agrees to pay the Fees, inform the Council of any changes to the information provided in the Application form from time to time and that the Member will comply with these Contract Conditions, the Customer Conduct Code and the Swim Wear Policy.

3.3 If we cannot enter into a Contract with you

If we are unable to enter into a Contract with you we will inform you of the reasons for this. This might be because of, for example but not limited to, where you have been placed on a waiting list, there is unexpected limits on our resources which we could not reasonably plan for, we have identified an error in the Fee or description of the Swimming Services, the Council considers that the proposed Member is not eligible to be a member of BASS or the Council has entered into a previous BASS membership contract between the Council and the proposed Consumer which the Council ended because of any of the grounds set out at clause 8.1. In all these circumstances we will not charge you any Fee.

3.4 We only provide Services within a restricted area

We promote and provide the Swimming Services only at the Pool Facilities within the administrative area of the district of Bradford in the UK.

4. Your rights to make changes

If you wish to request a change to the Swimming Services required, 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 Fee, the Pool Facility or the dates and times of the amended Swimming Services or anything else which would be necessary as a result of your request and will ask you to confirm within 7 days whether you wish to go ahead and make that change effective.

5. Our rights to make changes

5.1 Minor changes to the Swimming Services

We may make minor changes to the Swimming Services, for example to reflect changes in any relevant laws and regulatory requirements, amend the opening times of Pool Facilities or temporarily withdraw Swimming Services at any time if the Council requires the Pool Facilities for swimming galas, competitions, in connection with the Council undertaking any alteration or maintenance works due to industrial action, to amend a clear and obvious error in the Fee charged under clause 10.3 or any other reasonable reason. Members will be given general notice of such changes as soon as practicable and the Council will issue any relevant Fee credits only against Fees for future Swimming Services.

5.2 More significant changes to the Swimming Services and these Contract Conditions

Within the Contract Period we may also need to make changes to the scope of the Swimming Services or these Contract Conditions and which may affect the Fee but if we do so we will notify you and we shall not proceed with performance of the Contract until you agree the changes or end the Contract before the changes take effect if you do not wish to continue with it. For example, there may need to be an increase in the Fee due to additional expenditure or staffing required to perform the Swimming Services or an increase in inflation and therefore the RPI.

6. Providing the Swimming Services

6.1 When we will provide the Swimming Services

We will perform the Swimming Services for the Member from the Commencement Date until either you end the Contract as set out in clause 7 or we end the Contract by Notice to you as described in clause 8.

6.2 We are not responsible for delays outside our control

If our performance of the Swimming Services is affected by any events outside our control then we will contact you as soon as possible by Notice to let you know and we will take steps to minimise the effect of any delay. Provided we do this we will not be liable for delays caused by those events.

6.3 The Swimming Services are subject to availability

When your Application Form is approved the Council will give Notice to the Consumer allocating the available dates, times and Pool Facility or informing you that the Member has been placed on a waiting list but who will be removed from the list when a place does become available and the Council has made three abortive attempts to contact, or receive a response from, the Member.

6.4 We have a right to withdraw Swimming Services

The Council reserves the right to withdraw Swimming Services for the reasons set out at clause 5.1 and to provide replacement instructors from time to time when necessary

6.5 You will be issued with a BASS Membership Card

This will be issued to a Member when the Fee has been paid, which:

• 6.5.1 will remain the property of the Council;
• 6.5.2 will be required to be replaced at the Consumer's expense at the rate referred to on the Bradford Aquatics Website from time to time if it is damaged, mislaid, lost or stolen; and
• 6.5.3 must be produced by the Member upon demand this of the Council's employees or agents.

6.6 The Council reserves the right at any time to request any Member or prospective Member to be referred to their general medical practitioner for advice or a report

if the Council, by its Bradford Aquatics manager, considers that in view of the disclosed medical condition or disability of the Member there are reasonable medical concerns that the Member's participation in the intended Swimming Services may adversely affect the Member's health.

7. Your rights to end the Contract

7.1 You have a right to cancel the Contract within the Cancellation Period:

• 7.1.1 you may contact us within 14 days of the Commencement Date to cancel the Contract without giving any reason so long as your decision to cancel is sent to us to us in a clear statement in Writing.
• 7.1.2 if you cancel this Contract by way of clause 7.1.1 above we will reimburse to you all payments received from you after deducting the Fees incurred for any Swimming Services you have already received.
• 7.1.3 we will make the reimbursement without undue delay and not later than 14 days after the day on which we received notice to cancel this Contract.
• 7.1.4 we will make the reimbursement by way of a cheque sent by post to the address set out in the Application Form unless we have agreed otherwise.

7.2 What happens if you have good reason for ending the Contract

If you are ending the Contract for any of the reasons in 7.2.1 below, the Contract will end on the day on which you sent to us a Notice of the cancellation and we will reimburse to you all payments received from you in advance after deducting any unpaid Fee incurred for the Swimming Services you have already received before you have communicated to us your Notice of ending the Contract.

7.2.1 The relevant reasons are:

• 7.2.1.1 we have told you about a future change to the scope of the Swimming Services or these Contract Conditions which you do not agree to (see clause 5.2);
• 7.2.1.2 we have told you about an error in the Fee or description of the Swimming Services or our intention to transfer our obligations under the Contract to another organisation and you do not wish to proceed (see causes 10.3 and 13.1);
• 7.2.1.3 you have a legal right to end the Contract because of something we have done wrong.

7.3 What happens if you end the Contract without a good reason

If, after the Cancellation Period, you are ending the Contract other than for one of the reasons set out in clause 7.2.1 then the Contract will end after the 30^th day after you notified us by a clear statement in Writing of your intention to end the Contract (the "Termination Date") and we will reimburse to you any balance due to you from any payments received from you after this deducting all Fees payable in respect of Swimming Services received up to and including the Termination Date.

8. Our rights to end or suspend the Contract.

8.1 We may end the Contract if you break it

We may end the Contract at any time by Notice to you and reimburse you as referred to at clause 7.1.2 for any of the following reasons:

• 8.1.1 the Consumer repeatedly breaks the Contract Conditions, the Customer Code of Conduct and/or the Swim Wear Policy.
• 8.1.2 the Consumer does not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Swimming Services.
• 8.1.3 the Member's BASS Membership Card is used by any person other than the Member to gain access to a Pool Facility.
• 8.1.4 the Member has been suspended by the Council for more than a total of 12 Weeks.
• 8.1.5 the Consumer has verbally or physically abused or intimidated our staff or other visitors at the Pool Facility or has caused or instigated damage intentionally or recklessly to Council property at any Pool Facility.
• 8.1.6 there has been a relevant error made in the Fee under clause 10.3.
• 8.1.7 in the absence of, or contrary to, any written medical report or advice requested under clause 6.6, a Member continues to receive Swimming Services which in the reasonable opinion of the Bradford Aquatic Manager poses a significant risk to the Member's health.

8.2 You must compensate us if you break the Contract

If we end the Contract for any reason set out in clause 8.1, the Contract will end on the date which we set out in a Notice to you and we shall reimburse to you all payments received from you after deducting the Fees incurred for any Swimming Services you have already received and any quantifiable and reasonably foreseeable damages the Council may have sustained as a result of your breaking the Contract.

8.3 Our Right to Suspend the Contract

The Council has a right to suspend the Member's BASS Membership for any of the following reasons, if the Consumer:

• 8.3.1 repeatedly fails to honour Direct Debit payments and the suspension will continue until all the arrears have been paid; and/or
• 8.3.2 has failed to respond to any Council notification or request by a stipulated timescale and the suspension will continue until the Consumer has responded.

8.4 Your right to Complain

If you disagree that the Contract should end or about any damages deducted as required under these Contract Conditions you have the right to complain under clause 9.

9. If there is a problem with the Contract or the Swimming Services

9.1 How to tell us about problems

If you have a complaint concerning the Contract or Swimming Services provided by the Council this may be best resolved by utilising the following BASS complaints procedure.

• 9.1.1 communicate with us initially in one of the ways set out in clause 2.2.
• 9.1.3 if you are unhappy with the way we handled your complaint then tell the person you have dealt with that you wish to have the complaint reviewed by another member of the BASS team who will arrange for your complaint to be investigated further and we will aim to give you a written reply within 15 Working Days. If we need longer to look at your complaint we will let you know.
• 9.1.4 if you are still unhappy about the way we have handled your complaint you can ask us in Writing that the Bradford Aquatics manager review the original decision. We will contact you and tell you how long the review will take to deal with and confirm his decision in Writing. If the complaint relates to the Council ending the Contract or any damages claimed under clause 8, the complaint will be treated as an appeal and heard at a hearing in person and the decision will be sent to you in Writing within 14 days of the hearing date.
• 9.1.5 if we are not able to resolve your complaint under this procedure then we will send you in Writing information regarding your rights to obtain independent advice in resolving your dispute through the courts or to refer the matter to the Local Government Ombudsman or an Approved Body providing an Alternative Dispute Resolution Service.

10. Price and payment

10.1 Where to find the Fees for the Swimming Services

The Fees for the Swimming Services are those displayed at Pool Facilities or on the Bradford Aquatic Website from time to time unless we have agreed other Fees in Writing. We take all reasonable care to ensure that the Fees advised to you are correct. However please see clause 10.3 for what happens if we discover an error in the Fees which were sent to you.

10.2 We will pass on to you any applicable charges to VAT or changes in the rate of VAT and increases in the RPI

If VAT becomes chargeable or the rate of VAT changes during the Contract Period, we will adjust the Fee that you pay unless you have paid for the Swimming Services before the charge or change in the rate of VAT takes effect. The Council's VAT registration number is 180 8082 62. Fees will be reviewed on the 1 April and 1 October annually and if applicable these may be increased to reflect any increases in the RPI from the RPI at the previous review date.

10.3 What happens if we got the Fee wrong

It is always possible that despite our efforts some of the Swimming Services we provide may be incorrectly priced. We will normally check Fees before we send Fee details to you but if we identify any error we will inform you of the correct Fee before you sign the Application Form. Where you sign an Application form which includes a Fee error we shall notify you of the correct Fee by way of a permitted change under clause 5.1 and otherwise reserve the right to end the Contract. You may end the Contract if within 14 days of such notification you do not want to continue with the Contract.

10.4 When you must pay and how you must pay

• 10.4.1 Unless the Council otherwise consents in Writing all Fees must be paid in advance before any Swimming Services are provided to a Member and shall be paid 12 Weeks in advance for all Swimming Courses.
• 10.4.2 subject to clause 10.4.1 and unless the Council otherwise consents in Writing, Swimming Courses shall be paid by way of Monthly Direct Debit only, unless there are exceptional circumstances, on either the 5^th or 15^th of the Month as designated by the Consumer or the nearest next Working Day.
• 10.4.3 when paying by Direct Debit:
  • 10.4.3.1 an initial payment may need to be paid pro-rata from the first payment date to your next preferred Direct Debit payment date.
  • 10.4.3.2 Subject to clause 10.4.3.1, the Monthly payments are calculated as the annual Fee for the available Swimming Courses based on a 45-week year (52 weeks less 7 weeks allocated for any planned, adhoc or emergency Pool Facility closures) divided by 12.
  • 10.4.3.3 Consumers must ensure that they have sufficient funds in their bank account to pay the Fees. If a Direct Debit fails to be honoured on two (2) consecutive Months then all outstanding Fees must be paid in cash or card and the Member will be placed on a waiting list to be allocated Swimming Services, subject to Clause 10.4.1, in accordance with the procedure set out at Clause 6.3
  • 10.4.3.4 the Monthly payments will automatically be amended to the appropriate Fee if the Member amends any Swimming Services.
• 10.4.4 any Member, except Senior Citizen Members, is entitled to claim a discounted Fee in respect of any category of Swimming Course designated by the Council from time to time by the production of a valid Bradford Leisure Card issued to that Member prior to the payment being made.
• 10.4.5 once the Fee has been paid in advance for any Swimming Services, no refund will be credited for any non-attendance by the Member for any reason whatsoever, including but not limited to holidays or festivals, except:
  • 10.4.5.1 at the Council's sole discretion where this is due to illness supported by satisfactory evidence of a doctor's note or medical exemption certificate when a credit may be issued against Fees for future Swimming Services only; or
  • 10.4.5.2 a relevant Pool Facility is closed for a period in excess of the permitted 7 Weeks planned, adhoc or emergency closures referred to at Clause 10.4.3.2.
• 10.4.6 Subject to any reimbursements made to you on termination of this Contract under Clause 7, all relevant credits will otherwise be calculated by the Council annually after the 31 August and will be set-off against future Fees only.

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 the Contract we are only responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking the Contract or our failing to use reasonable care and skill. Loss or damage is reasonably 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 when you attended the Pool Facility to sign the Application Form. Please note that the Council has in place Public Liability and Employers Liability insurance.

11.2 We are not liable where we are not at fault

Except where the Council has been at fault under clause 11.1, we shall not otherwise be responsible for any harm, loss, damage or loss of property or personal injury sustained to the Consumer or Member arising from their presence at, or use of, the Pool Facility or the Member receiving Swimming Services unless the law provides otherwise.

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 only to:

• 12.1.1 Safely provide the Swimming Services to Consumers;
• 12.1.2 process your payment for Swimming Services; and
• 12.1.3 if you agreed to this on signing the Application Form, send you details about the Council's other activities and special offers but you may stop receiving these communications at any time by sending us a Notice.

12.2 In processing your personal information, we will comply with the requirements of the Data Protection Act 2018 (as amended)

We will only give your personal information to third parties where the law requires us to do so, for example as a local authority we may be required to disclose information relating to you or the Contract in order to comply with the disclosure provisions of the Freedom of Information Act 2000.

13. Other important terms

13.1 We may transfer this Contract to someone else

We may transfer our rights and obligations under the Contract 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.

13.2 You may not transfer your rights under the Contract to someone else

Neither the Consumer or Member can transfer any of their Benefits or liabilities of BASS Membership or the Contract to someone else.

13.3 Nobody else has any rights under this Contract

This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

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

Each of the clauses of these Contract Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses 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 Contract Conditions 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 or prevent us taking steps against you at a later date. For example, if you fail to make a payment and we do not chase you but we continue to provide the Swimming Services then we can still require you to make the payment at a later date.

13.6 Interpretation

If there is a conflict between the meaning of any words in these Contract Conditions and those in the Application Form then the meaning of these Contract Conditions shall override that of the Contract.

13.7 Which laws apply to this Contract and where you may bring legal proceedings

The Contract is governed by English law and you can bring legal proceedings in respect of the Swimming Services in the English courts only.