Terms and Conditions
Terms & Conditions
These are the terms and conditions on which Borocuda Limited “we” and “us”) provide swimming lessons to you, the customer (“you”). Please read them carefully before making a booking with us.
Due to the ongoing global pandemic, we have included a new temporary clause to our terms and conditions. Please read this clause carefully.
COVID-19 Clause
1. Before attending lessons for the first time (either as a new or returning customer) you must complete our health questionnaire. It is your responsibility to let us know if anything changes.
2. Please follow signs and guidance, and maintain social distancing where possible.
3. Masks must be worn inside pool buildings (including corridors, changing rooms and on poolside) unless you are exempt in line with government guidelines. We may also allow you not to wear a mask if it causes undue stress or upset for your child.
4. Do not enter the building if you or anyone in your household shows symptoms of Coronavirus as per government guidelines. We would recommend that anyone with symptoms arrange a test.
5. If you or anyone in your party shows signs of COVID-19, we have an isolation room that may be used until you can leave the premises.
6. All swimmers must attend pools “ready to swim”. This means that swimwear is worn underneath clothing to minimise the use of changing rooms.
7. Showers are not permitted. You should shower before and after getting in the pool at home.
8. At the end of the lesson, if you would like to change, please be as quick as possible in changing rooms. Cleaning products will be provided for you to use.
9. Parents may be permitted to wait outside the building to limit the number of people in the building
10. You must ensure that your contact details are up-to-date to allow Track and Trace teams to get in touch should they need to in line with government guidlines. Information will be sent to Track and Trace. By attending, you give consent.
11. You will not be eligible for a refund if you need to isolate (quarantine) or if you miss a lesson due to having Coronavirus or Coronavirus symptoms in line with our illness and injury clause.
12. If in the event that swimming lessons are cancelled due to staff illness then a lessons credit will be given.
13. If lessons cannot go ahead due to government guidelines then the block will remain on hold until we are in a position to restart (this may include hirers not allowing us use of a pool). No cash refunds will be given.
14. Whilst we have mitigated all risks and taken all precautions, we cannot guarantee that you (or someone in your care) will not contract COVID-19 at any of our premises. In entering any of our buildings (including those which we hire), you are doing so at your own risk and we take no responsibility nor are we liable should you contract COVID-19.
1. Information about us and how to contact us
1. We are BOROCUDA LIMITED (trading as Borocuda Swim School), a company registered in England and Wales. Our company registration number is 10329063 and our registered office is at 11 Cannon Park Way, Middlesbrough, TS1 5JU.
2. If you need to contact us, all the relevant contact details can be found on our website at www.borocuda.com
3. If we need to contact you we will do so using the information you provided us with when registering with us on our website. If your contact details change, you can update them by logging in to your customer area on Staryu or contacting our office
4. When we use the words “writing” or “written” in these terms, this includes letter, email or SMS.
2. Registration
1. Before making a booking, you need to register with us. You can do this through contacting the office either by telephone, email or facebook.
2. We will ask you for your name and the name of the student, together with details of any medical condition affecting the student as well as your contact details which will include your telephone number, email address and postal address (for billing purposes). You must tell us as soon as you can if any of these details change.
3. Please note that we will use the information you provide us only in accordance with our privacy policy which you can find in your welcome email
3. The Lessons
1. We offer a variety of lessons at a variety of locations. In these terms and conditions, the word “lessons” or “sessions” refer to all services provided by Borocuda Swim School at any of its locations.
4. Our contract with you
1. Once you have registered with us you may make a booking for lessons by emailing or telephoning us.
2. Your booking is not guaranteed until:
1. we receive payment from you in full (or such other amount as we may agree acting in our absolute discretion); and
2. we send you a confirmation email, at which point a legally binding contract will exist between you and us.
· The contract will exist until the end of the last session of your booking, but note that your booking for Weekly Lessons will automatically renew for a further period (see clause 8). “One off” 121 lessons will not automatically renew, nor will intensive lessons that last over a pe
· If we are unable to accept your booking, we will let you know as soon as possible and will refund any amounts you have paid to us. We reserve the right to not accept your booking for any reason and need not tell you why.
· Once your booking is confirmed you will be able to view and manage that booking by logging in to your customer area via Staryu or contacting the office.
5. Providing the Lessons
1. We will provide the lessons at the dates, the times and at the locations as set out in your booking.
2. Lessons will start at the time stated in your booking. If the student is late, the session forming part of the lessons will not be extended, and if the student fails to attend (save for any reason as referred to in clause 6) you shall not be due any credit or refund.
3. From time to time we may need to cancel individual sessions forming the lessons you have booked. If this happens, we will let you know as soon as possible. Refunds will take shape by way of credit for lessons to be undertaken within the new payment block. It is at our discretion whether we offer a cash refund at the end of the block.
6. Price
1. We will inform you of the cost of the lessons upon booking and via email upon every rebooking opportunity. All payments and bookings must be made in advance
2. However, it is always possible that we may get the price of lessons wrong. If we realise that the price is higher than quoted we will contact you for instructions before confirming your booking and you have the right not to proceed with your booking. If the price is lower than quoted, we will only charge the lower amount.
3. Our prices includes VAT and if the rate of VAT changes between the date when you make your booking and the date you pay, we will adjust the rate of VAT that you pay. If you have already paid for the lessons in full before the change in the rate of VAT takes effect then there shall be no additional amounts for you to pay.
7. Payment
1. You must pay for lessons within the payment period as set out in the invoice we issue you. All payments must be made by direct debit including “one-off” payments.
2. If you think the amount we have charged you is incorrect, let us know as soon as possible. We will investigate the matter and, if you have paid too much, refund you the extra amount you paid. Refund can take 10-14 working days.
8. Weekly Lesson Block Renewal
1. Your booking for Weekly Lessons will automatically renew – this was made clear to you when you booked. Our weekly lessons run on an 8-week block booking cycle and are paid for in advance. We reserve the right to change the length of a block booking at any given time.
2. You can opt-out of the renewal at any time by contacting us using the contact details provided on the rebooking email which you will receive before the rebooking deadline.
3. We will send you an email before renewal letting you know the date renewal will take place and the current pricing structure.
4. Note that, to reflect inflation and increases in our costs, we may need to increase our prices from time to time. We will never increase prices for bookings you have made and will only increase them on renewal. If we do increase prices on renewal, we will make this clear to you at that time.
5. You will receive an email from our Direct Debit provider (GoCardless) informing you of the amount and the date that monies will be debited from your account.
6. You cannot cancel your renewal after the rebooking deadline (as stated on each rebooking email). Cancellations received after this date will be charged in full.
9. If you need to make changes to your booking
1. If you wish to make a change to the lessons booked please contact us via facebook, email or telephone. We will use our reasonable efforts to accommodate your change, but make no guarantee that we will be able to do so.
2. If we are able to make the change to your booking we will let you know about any variation in price, when we will provide the lessons or anything else which results from your requested change. We will ask you to confirm if you wish to go ahead with the change.
3. If we are unable to make the change, or the consequences of the change are unacceptable to you, you may want to end the contract. This may only be done at the end of a block booking.
10. Illness and fitness to swim
1. When registering you must provide us with details of any medical condition which affects the student, regardless of how serious it is. We reserve the right to decline to allow the student to take part in lessons where we reasonably believe their condition would affect their ability to engage in lessons.
Due to the ongoing global pandemic, we have included a new temporary clause to our terms and conditions. Please read this clause carefully.
COVID-19 Clause
1. Before attending lessons for the first time (either as a new or returning customer) you must complete our health questionnaire. It is your responsibility to let us know if anything changes.
2. Please follow signs and guidance, and maintain social distancing where possible.
3. Masks must be worn inside pool buildings (including corridors, changing rooms and on poolside) unless you are exempt in line with government guidelines. We may also allow you not to wear a mask if it causes undue stress or upset for your child.
4. Do not enter the building if you or anyone in your household shows symptoms of Coronavirus as per government guidelines. We would recommend that anyone with symptoms arrange a test.
5. If you or anyone in your party shows signs of COVID-19, we have an isolation room that may be used until you can leave the premises.
6. All swimmers must attend pools “ready to swim”. This means that swimwear is worn underneath clothing to minimise the use of changing rooms.
7. Showers are not permitted. You should shower before and after getting in the pool at home.
8. At the end of the lesson, if you would like to change, please be as quick as possible in changing rooms. Cleaning products will be provided for you to use.
9. Parents may be permitted to wait outside the building to limit the number of people in the building
10. You must ensure that your contact details are up-to-date to allow Track and Trace teams to get in touch should they need to in line with government guidlines. Information will be sent to Track and Trace. By attending, you give consent.
11. You will not be eligible for a refund if you need to isolate (quarantine) or if you miss a lesson due to having Coronavirus or Coronavirus symptoms in line with our illness and injury clause.
12. If in the event that swimming lessons are cancelled due to staff illness then a lessons credit will be given.
13. If lessons cannot go ahead due to government guidelines then the block will remain on hold until we are in a position to restart (this may include hirers not allowing us use of a pool). No cash refunds will be given.
14. Whilst we have mitigated all risks and taken all precautions, we cannot guarantee that you (or someone in your care) will not contract COVID-19 at any of our premises. In entering any of our buildings (including those which we hire), you are doing so at your own risk and we take no responsibility nor are we liable should you contract COVID-19.
1. Information about us and how to contact us
1. We are BOROCUDA LIMITED (trading as Borocuda Swim School), a company registered in England and Wales. Our company registration number is 10329063 and our registered office is at 11 Cannon Park Way, Middlesbrough, TS1 5JU.
2. If you need to contact us, all the relevant contact details can be found on our website at www.borocuda.com
3. If we need to contact you we will do so using the information you provided us with when registering with us on our website. If your contact details change, you can update them by logging in to your customer area on Staryu or contacting our office
4. When we use the words “writing” or “written” in these terms, this includes letter, email or SMS.
2. Registration
1. Before making a booking, you need to register with us. You can do this through contacting the office either by telephone, email or facebook.
2. We will ask you for your name and the name of the student, together with details of any medical condition affecting the student as well as your contact details which will include your telephone number, email address and postal address (for billing purposes). You must tell us as soon as you can if any of these details change.
3. Please note that we will use the information you provide us only in accordance with our privacy policy which you can find in your welcome email
3. The Lessons
1. We offer a variety of lessons at a variety of locations. In these terms and conditions, the word “lessons” or “sessions” refer to all services provided by Borocuda Swim School at any of its locations.
4. Our contract with you
1. Once you have registered with us you may make a booking for lessons by emailing or telephoning us.
2. Your booking is not guaranteed until:
1. we receive payment from you in full (or such other amount as we may agree acting in our absolute discretion); and
2. we send you a confirmation email, at which point a legally binding contract will exist between you and us.
· The contract will exist until the end of the last session of your booking, but note that your booking for Weekly Lessons will automatically renew for a further period (see clause 8). “One off” 121 lessons will not automatically renew, nor will intensive lessons that last over a pe
· If we are unable to accept your booking, we will let you know as soon as possible and will refund any amounts you have paid to us. We reserve the right to not accept your booking for any reason and need not tell you why.
· Once your booking is confirmed you will be able to view and manage that booking by logging in to your customer area via Staryu or contacting the office.
5. Providing the Lessons
1. We will provide the lessons at the dates, the times and at the locations as set out in your booking.
2. Lessons will start at the time stated in your booking. If the student is late, the session forming part of the lessons will not be extended, and if the student fails to attend (save for any reason as referred to in clause 6) you shall not be due any credit or refund.
3. From time to time we may need to cancel individual sessions forming the lessons you have booked. If this happens, we will let you know as soon as possible. Refunds will take shape by way of credit for lessons to be undertaken within the new payment block. It is at our discretion whether we offer a cash refund at the end of the block.
6. Price
1. We will inform you of the cost of the lessons upon booking and via email upon every rebooking opportunity. All payments and bookings must be made in advance
2. However, it is always possible that we may get the price of lessons wrong. If we realise that the price is higher than quoted we will contact you for instructions before confirming your booking and you have the right not to proceed with your booking. If the price is lower than quoted, we will only charge the lower amount.
3. Our prices includes VAT and if the rate of VAT changes between the date when you make your booking and the date you pay, we will adjust the rate of VAT that you pay. If you have already paid for the lessons in full before the change in the rate of VAT takes effect then there shall be no additional amounts for you to pay.
7. Payment
1. You must pay for lessons within the payment period as set out in the invoice we issue you. All payments must be made by direct debit including “one-off” payments.
2. If you think the amount we have charged you is incorrect, let us know as soon as possible. We will investigate the matter and, if you have paid too much, refund you the extra amount you paid. Refund can take 10-14 working days.
8. Weekly Lesson Block Renewal
1. Your booking for Weekly Lessons will automatically renew – this was made clear to you when you booked. Our weekly lessons run on an 8-week block booking cycle and are paid for in advance. We reserve the right to change the length of a block booking at any given time.
2. You can opt-out of the renewal at any time by contacting us using the contact details provided on the rebooking email which you will receive before the rebooking deadline.
3. We will send you an email before renewal letting you know the date renewal will take place and the current pricing structure.
4. Note that, to reflect inflation and increases in our costs, we may need to increase our prices from time to time. We will never increase prices for bookings you have made and will only increase them on renewal. If we do increase prices on renewal, we will make this clear to you at that time.
5. You will receive an email from our Direct Debit provider (GoCardless) informing you of the amount and the date that monies will be debited from your account.
6. You cannot cancel your renewal after the rebooking deadline (as stated on each rebooking email). Cancellations received after this date will be charged in full.
9. If you need to make changes to your booking
1. If you wish to make a change to the lessons booked please contact us via facebook, email or telephone. We will use our reasonable efforts to accommodate your change, but make no guarantee that we will be able to do so.
2. If we are able to make the change to your booking we will let you know about any variation in price, when we will provide the lessons or anything else which results from your requested change. We will ask you to confirm if you wish to go ahead with the change.
3. If we are unable to make the change, or the consequences of the change are unacceptable to you, you may want to end the contract. This may only be done at the end of a block booking.
10. Illness and fitness to swim
1. When registering you must provide us with details of any medical condition which affects the student, regardless of how serious it is. We reserve the right to decline to allow the student to take part in lessons where we reasonably believe their condition would affect their ability to engage in lessons.
2. Where the student’s condition is such that we do not reasonably consider that they will be able to participate in lessons in the foreseeable future, we will refund any money you have paid us, in full (in accordance with clause 20). However, if the student’s condition is only temporary, then clause 6 will apply.
3. If the student or any person with whom they live, shows any sign of a stomach upset or other illness in the seven days prior to a session forming part of the lessons, you must inform us at least one hour prior to the relevant session. For the safety of other students we reserve the right to ask that the student does not take part in the session forming part of the lessons, or any session during a period of 48 hours thereafter.
4. Save for as set out in clause 6 below, if the student misses a session forming party of the lessons due to illness, you shall have no right to a refund.
5. At our discretion we may offer you credits if the student suffers from a serious illness or a family bereavement such that they are unable to participate in a session or sessions forming part of the lessons for a significant period.
11. Students with disabilities and additional needs
1. We do all we can to accommodate students with disabilities and additional needs.
2. We will work with you to establish how best we can accommodate the student and will make recommendations on the level and type of teaching based on our professional judgement. This may include a change of venue to your preferred pool.
12. Customer behaviour
1. You are responsible for your child at all times, save for when they are in the water (this includes poolside prior to the commencement of any session forming party of the lessons and whilst they are in the changing area).
2. We reserve the right to remove any student from a session forming party of the lessons (and you shall have no right to a refund) if the following rules are not complied with:
1. you must remain at the premises (which is inclusive of the car park) at all times that the student is are in the pool;
2. during session forming party of the lessons you must not interrupt or communicate with the teacher, distract other students or approach the poolside (unless in an emergency);
3. we shall not tolerate any abuse towards staff or other customers
4. you are responsible for any person you bring with you to the pool, as well as any student;
5. photography and video recording at the pool is strictly prohibited at all times unless discussed with a member of staff;
6. the student must go to the toilet before entering the pool;
7. shoes must be removed before entering the poolside or changing rooms;
8. no buggies or prams are allowed in the changing rooms or poolside;
9. you should use the changing room for the accompanying adults gender (or which they identify with) not the childs. For example, a male adult with a female child should use the male changing room; a female adult with a male child should use the female changing room. We request that only one adult accompanies the child in the changing room to ease congestion. Children aged 11 or over should be able to get changed by themselves and should use the changing room to match their own gender. Where a child may need more support, please revert to the adult’s gender or ask for a separate changing area.
10. if the student has long hair this must be tied back or a swimming cap worn;
11. the student may wear goggles, but we may ask them to remove them if their use disrupts the lesson. Goggles are not allowed for stage 1 group lessons and can only be worn by adults in Borocuda Babies lessons;
12. the student must not enter the pool until invited to do so by the teacher; and
13. at the end of the lesson, the student must leave the pool quickly and in an orderly manner.
13. Our rights to make changes
1. We may make changes to the lessons:
1. to reflect changes in relevant laws and regulatory requirements; and
2. to implement minor technical adjustments and improvements,
but these changes will not will significantly vary the nature of the lessons.
· In addition, as we may need to make more significant changes to the lessons and your booking, such as the time or location of the lessons. If we need to do this, we will let you know and you if you do not agree to the changes you can end the contract (see clause 16).
14. Complaints
1. If you have any questions or complaints about the lessons we provide, please contact us as soon as you can using the contact details on our website.
2. Please note that we are under a legal duty to provide you with lessons in conformity with this contract and to provide the lessons with reasonable care and skill.
3. At our discretion, we may give a refund if you wish to cancel after a complaint. This is not us accepting fault or liability but is merely a goodwill gesture.
4. Nothing in these terms will affect your legal rights.
15. Your rights to end the contract
1. You can end this contract at any time by any of the methods listed in clause 18. However, when and why you end the contract will affect the refund or credit (if any) we give you.
2. If we have told you about an upcoming change to the lessons or these terms which you do not agree to (see clause 2), the contract will end immediately and we will offer you credits redeemable against future bookings or you can request that we refund you in full for any session forming party of the lessons which have not been provided.
3. You can end the contract at any time however you will not be entitled to a refund in any form.
4. To end the contract with us, please let us know by contacting us via telephone, email or via Facebook.
16. Our rights to end the contract
1. We may end the contract for lessons at any time by writing to you if you:
1. do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide lessons;
2. do not make any payment to us when it is due and you still do not make payment to us within seven days of us reminding you that payment is due; or
3. have breached these terms which includes a breach of the provisions of clause 12.
2. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for session forming party of the lessons we have not provided. However we may deduct from any refund our reasonable compensation for the net costs we will incur as a result of your breaking the contract.
3. We reserve the right to stop providing lessons at any time. If we do this we will provide you with as much notice as we are able and will refund any money you have paid for session forming party of the lessons which we will be unable to provide.
17. Refunds
1. Any refund due to you on the cancellation of the contract by Borocuda Limited will be refunded to you by the method you used for payment. Cancellation of the contract made by you, the customer, will not be subject to a refund in any form.
18. Our responsibility for loss or damage suffered by you (including students and those in your care)
1. If we fail to comply with these terms, we are responsible for loss or damage you, or the student suffers which is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable.
2. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
3. We do not exclude or limit in any way our liability to you or to a student where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to providing lessons.
4. You are responsible for your belongings and the student’s belongings at all times whilst at the pool. We shall not be liable to you or the student for loss or damage to personal belongings whilst at the pool.
19. Other important terms
1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for lessons paid for but which were due to take place after the contract ends.
2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
3. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
4. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide lessons, we can still require you to make the payment at a later date.
5. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
3. If the student or any person with whom they live, shows any sign of a stomach upset or other illness in the seven days prior to a session forming part of the lessons, you must inform us at least one hour prior to the relevant session. For the safety of other students we reserve the right to ask that the student does not take part in the session forming part of the lessons, or any session during a period of 48 hours thereafter.
4. Save for as set out in clause 6 below, if the student misses a session forming party of the lessons due to illness, you shall have no right to a refund.
5. At our discretion we may offer you credits if the student suffers from a serious illness or a family bereavement such that they are unable to participate in a session or sessions forming part of the lessons for a significant period.
11. Students with disabilities and additional needs
1. We do all we can to accommodate students with disabilities and additional needs.
2. We will work with you to establish how best we can accommodate the student and will make recommendations on the level and type of teaching based on our professional judgement. This may include a change of venue to your preferred pool.
12. Customer behaviour
1. You are responsible for your child at all times, save for when they are in the water (this includes poolside prior to the commencement of any session forming party of the lessons and whilst they are in the changing area).
2. We reserve the right to remove any student from a session forming party of the lessons (and you shall have no right to a refund) if the following rules are not complied with:
1. you must remain at the premises (which is inclusive of the car park) at all times that the student is are in the pool;
2. during session forming party of the lessons you must not interrupt or communicate with the teacher, distract other students or approach the poolside (unless in an emergency);
3. we shall not tolerate any abuse towards staff or other customers
4. you are responsible for any person you bring with you to the pool, as well as any student;
5. photography and video recording at the pool is strictly prohibited at all times unless discussed with a member of staff;
6. the student must go to the toilet before entering the pool;
7. shoes must be removed before entering the poolside or changing rooms;
8. no buggies or prams are allowed in the changing rooms or poolside;
9. you should use the changing room for the accompanying adults gender (or which they identify with) not the childs. For example, a male adult with a female child should use the male changing room; a female adult with a male child should use the female changing room. We request that only one adult accompanies the child in the changing room to ease congestion. Children aged 11 or over should be able to get changed by themselves and should use the changing room to match their own gender. Where a child may need more support, please revert to the adult’s gender or ask for a separate changing area.
10. if the student has long hair this must be tied back or a swimming cap worn;
11. the student may wear goggles, but we may ask them to remove them if their use disrupts the lesson. Goggles are not allowed for stage 1 group lessons and can only be worn by adults in Borocuda Babies lessons;
12. the student must not enter the pool until invited to do so by the teacher; and
13. at the end of the lesson, the student must leave the pool quickly and in an orderly manner.
13. Our rights to make changes
1. We may make changes to the lessons:
1. to reflect changes in relevant laws and regulatory requirements; and
2. to implement minor technical adjustments and improvements,
but these changes will not will significantly vary the nature of the lessons.
· In addition, as we may need to make more significant changes to the lessons and your booking, such as the time or location of the lessons. If we need to do this, we will let you know and you if you do not agree to the changes you can end the contract (see clause 16).
14. Complaints
1. If you have any questions or complaints about the lessons we provide, please contact us as soon as you can using the contact details on our website.
2. Please note that we are under a legal duty to provide you with lessons in conformity with this contract and to provide the lessons with reasonable care and skill.
3. At our discretion, we may give a refund if you wish to cancel after a complaint. This is not us accepting fault or liability but is merely a goodwill gesture.
4. Nothing in these terms will affect your legal rights.
15. Your rights to end the contract
1. You can end this contract at any time by any of the methods listed in clause 18. However, when and why you end the contract will affect the refund or credit (if any) we give you.
2. If we have told you about an upcoming change to the lessons or these terms which you do not agree to (see clause 2), the contract will end immediately and we will offer you credits redeemable against future bookings or you can request that we refund you in full for any session forming party of the lessons which have not been provided.
3. You can end the contract at any time however you will not be entitled to a refund in any form.
4. To end the contract with us, please let us know by contacting us via telephone, email or via Facebook.
16. Our rights to end the contract
1. We may end the contract for lessons at any time by writing to you if you:
1. do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide lessons;
2. do not make any payment to us when it is due and you still do not make payment to us within seven days of us reminding you that payment is due; or
3. have breached these terms which includes a breach of the provisions of clause 12.
2. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for session forming party of the lessons we have not provided. However we may deduct from any refund our reasonable compensation for the net costs we will incur as a result of your breaking the contract.
3. We reserve the right to stop providing lessons at any time. If we do this we will provide you with as much notice as we are able and will refund any money you have paid for session forming party of the lessons which we will be unable to provide.
17. Refunds
1. Any refund due to you on the cancellation of the contract by Borocuda Limited will be refunded to you by the method you used for payment. Cancellation of the contract made by you, the customer, will not be subject to a refund in any form.
18. Our responsibility for loss or damage suffered by you (including students and those in your care)
1. If we fail to comply with these terms, we are responsible for loss or damage you, or the student suffers which is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable.
2. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
3. We do not exclude or limit in any way our liability to you or to a student where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to providing lessons.
4. You are responsible for your belongings and the student’s belongings at all times whilst at the pool. We shall not be liable to you or the student for loss or damage to personal belongings whilst at the pool.
19. Other important terms
1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for lessons paid for but which were due to take place after the contract ends.
2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
3. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
4. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide lessons, we can still require you to make the payment at a later date.
5. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.