TERMS AND CONDITIONS
SPRINT ACTIVE EDUCATION LIMITED – ONLINE TERMS AND CONDITIONS FOR PARENT SERVICES OUR TERMS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply services to you. These terms and conditions apply to orders for parent services, including holiday camps. If you are a school, then please note that different terms and conditions apply to the services which we provide to schools.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Sprint Active Education Limited. We are a private limited company registered in England and Wales. Our company registration number is 08530797 and our registered office is at Zenith House, Highlands Road, Solihull, West Midlands, B90 4PD. Our registered VAT number is 208251336.
2.2 How to contact us. You can contact us: (a) by telephone on 0121 514 2344 (Monday to Friday, 8am to 6pm). (b) by post to Zenith House, Highlands Road, Solihull, West Midlands, B90 4PD. (c) by email to us at hello@sprintactive.co.uk.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
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 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the services. This might be because of unexpected limits on our resources (including staffing levels) which we could not reasonably plan for, because we are not able to facilitate the staff to children ratios which may be required for each group of children or because we have identified an error in the price or description of the services.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our services in the UK.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the services you have ordered 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 services, the timing of supply 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 – your rights to end the contract).
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the services. We may change the services to reflect changes in relevant laws and regulatory requirements.
5.2 More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make the following changes to the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received: (a) a change in times, locations, dates or activities in respect of the Services.
6. PROVIDING THE SERVICES
6.1 Before providing the services, we will need certain information from you. Before we are able to begin to provide the services, we will need the following information from you: (a) your name, address and all relevant contact numbers (including contact numbers if we need to reach you in an emergency and any information we may need to know if we have to reach you through a third party); (b) the full names of the child or children who will be attending the services; (c) the dates of birth of the child/children; (d) the names by which the child/children is known; (e) the nature of your relationship with the child/children; (f) the name and contact details of one or more persons who can be contacted if you are not available (and details of their relationship with the child/children); (g) relevant medical information regarding the child/children, including current medical health, any illnesses or diseases the child/children suffer from and medication the child/children take, including how, when and the quantities in which the medication is taken; (h) relevant special educational needs or any additional support which the child/children requires; (i) diet and other relevant food and drink details; (j) details of the GP the child/children are registered with; (k) any other information which we have said we will need on the website or in the order.
6.2 Changes to the information which you provide to us. You must immediately provide us with any changes to information which you have provided to us (including any changes to the information listed in clause 6.1 above). If we do not have up to date information, particularly in respect of contact information, then there may be, for instance, delays in contacting you in the case of an emergency.
6.3 When we will provide the services. We will provide the services on the date(s) set out in the order.
6.4 Additional needs. We cannot provide additional staff beyond our set ratios of staff to children for each particular group, and we cannot provide one on one support. Where a child requires additional support, parents/carers will be allowed to attend the services with the child, providing all of our safety and safeguarding requirements are met prior to attending.
6.5 Drop-off and collection. You will bring the child/children to the location specified in the order not earlier than the time specified in the order. You will collect the child/children no later than the time specified for the collection of the child/children in the order. If you are running late to collect the child/children, please contact us to let us know as soon as possible. If you do not collect your child/children within 10 minutes of the times specified in the order for collection then we will charge £5 for every 5 minutes until you collect the child/children to compensate us for the extra work that is required as a result.
6.6 Absence. If the child/children are unable to attend all or any part of the services for any reason, please notify us as soon as you become aware of the change. This can be done by contacting the relevant site co-ordinator or by emailing us directly at hello@sprintactive.co.uk.
6.7 Prior illness. Do not bring your child/children if they are ill. Any child/children who have been ill should not be brought to us until they have fully recovered, and a minimum of 48 hours has passed since the last symptom or, if later, in accordance with any government or health authority guidelines as to quarantine timelines.
6.8 Illness and injuries suffered during the supply of the services. We will record any accidents or illnesses, together with any treatment given, on an incident record or accident record sheet as appropriate, which the person collecting will be asked to sign when they collect the child/children. If any child becomes ill during the course of providing the services, we will immediately notify their emergency contact to collect them. In the event of a child becoming seriously ill or suffering a major injury, our first aider will decide whether the child needs to go straight to hospital or whether they are able to wait for their parent or carer to arrive. If the child needs to go straight to hospital, we will call an ambulance and a member of staff will go to the hospital with your child and we will contact you on the emergency contact details you have provided to let you know.
6.9 Items you are required to supply. You will need to provide certain items on each occasion that the child/children use the services, including: (a) clothing and footwear suitable for running (and for the weather conditions at the time we are providing the services); (b) a packed lunch and snacks; (c) a refillable water bottle; (d) any other items specified on the website in the course of placing your order or in the order itself.
6.10 Prohibited items and we are not responsible for personal items and valuables. Please note that mobile phones, smart watches or any other electronic items which have the capability of taking recordings or images, making calls or sending messages are not permitted on any of our courses and any found will be confiscated and handed to the person collecting the child/children. Personal items and valuables brought along by you or child/children are brought at your own risk and we are not responsible for any loss or damage to them (except where caused by our negligence).
6.11 Lost Property. Any items lost or left behind, will be kept on site until the final day of the relevant course. We cannot guarantee the return of any items not collected before this point.
6.12 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.13 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services, including the information listed in clause 6.1 above. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.14 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to: (a) update the services to reflect changes in relevant laws and regulatory requirements; (b) make changes to the services as requested by you or notified by us to you (see clause 5).
6.15 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 weeks and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
6.16 We may also suspend supply of the services in certain other circumstances. If you or the child/children do not comply with our reasonable instructions, behave or act unreasonably or are offensive to our staff, other children or persons or cause harm or are likely to cause harm to our staff, other children or persons, then we may suspend supply of the services. We will not charge you for the services during the period for which they are suspended.
6.17 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 12.7). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.6).
6.18 Reasons we may cancel services. It is unlikely, but there may be circumstances where we have to cancel the services. If we have to do this, we will let you know as soon as possible and we will refund any sums you have paid in advance for any services not provided to you due to the cancellation.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 10; (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause
7.2 (c) If you have just changed your mind about the services, see clause
7.3 You may be able to get a refund if you are within the cooling-off period; (d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6. 7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2); (b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed; (c) there is a risk that supply of the services may be significantly delayed because of events outside our control; or (d) you have a legal right to end the contract because of something we have done wrong. 7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
7.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately. Depending on when you contact us to let us know will depend on the refund or credit we are able to provide. (a) If you tell us you want to end the contract 14 days or more before the services are due to begin, then we will refund you for the services not provided. (b) If you tell us you want to end the contract between 24 hours and up to 14 days before the services begin, then you will not be entitled to a refund but we will provide you with a credit voucher which can be used towards payment of the costs other services provided by us. (c) If you tell us you want to end the contract less than 24 hours before the services begin then you will not be entitled to a refund or any credit voucher (which will act as reasonable compensation for the net costs we will incur as a result of your ending the contract).
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: (a) Phone or email. Call customer services on 0121 514 2344 or email us at hello@sprintactive.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address. (b) By post. Print off the form at: https://www.www.sprintactive.co.uk/cancellation/ and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for services at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services (including the information listed in clause 6.1); (c) if you do not comply with your obligations under these terms, including if you have advised us that your child/children require one-on-one support and you do not provide such support; (d) in serious or persistent cases you or the child/children do not comply with our reasonable instructions; behave or act unreasonably or are offensive to our staff, other children or persons; or cause harm or are likely to cause harm to our staff, other children or persons; or (e) you are persistently late in collecting the child/children.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. CHILDCARE VOUCHERS
If you pay using childcare vouchers, then where we offer a refund in these terms and conditions, you will be entitled to a credit voucher up to the amount of the childcare vouchers which can be used towards payment of the costs other services provided by us.
11. IF THERE IS A PROBLEM
11.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can: (a) telephone our customer service team on: 0121 514 2344; (b) write to us at Zenith House, Highlands Road, Solihull, West Midlands, B90 4PD; or (c) email us at hello@sprintactive.co.uk.
11.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it. b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable. c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12. PRICE AND PAYMENT
12.1 Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the services which you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the services correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the services’ 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.4 When you must pay. You must make an advance payment of 100% of the price of the services, before we start providing them. If you are paying using childcare vouchers, then we require payment by the relevant childcare voucher provider within 5 days of us accepting your order.
12.5 How you must pay. We accept payment by the credit and debit cards listed on our website and payment can be made on the website. We do not accept payment by cash or cheque. If you are paying using childcare vouchers, you must organise for this to be processed by the relevant childcare voucher provider.
12.6 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 2% 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.
12.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 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 and for breach of your legal rights in relation to the services as summarised at clause 11.2.
13.3 Valuables and personal items. Please see clause 6.10 in respect of our liability for valuables or personal items.
13.4 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. 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 notice, available at: https://www.www.sprintactive.co.uk/privacy-policy/
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. 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 1 month of us telling you about it and we will refund you any payments you have made in advance for services not provided.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 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.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
15.6 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 services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
15.7 Online dispute resolution. If you are not happy with how we have handled any complaint, you may make a submission for online resolution to the European Commission Online Dispute Resolution platform. Schedule Model Cancellation Form (Complete and return this form only if you wish to withdraw from the contract) To Sprint Active Education Limited Address: Zenith House, Highlands Road, Solihull, West Midlands, B90 4PD Telephone Number: 0121 514 2344 E-mail Address: hello@sprintactive.co.uk
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of the following service [*], ___________________________________________________________________________ ___________________________________________________________________________
Ordered on [*]/received on [*], ___________________________________________________________________________
Name of consumer(s), ___________________________________________________________________________
Address of consumer(s), ___________________________________________________________________________ ___________________________________________________________________________
Signature of consumer(s) (only if this form is notified on paper), ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
Date ___________________________________________________________________________