Swimtime UK Ltd Terms and Conditions
V3.3 – April 2022
Information about us and how to contact us
1.1 Who we are: We are Swimtime UK Ltd, a company registered in England and Wales. Our company registration number is 05368387 and our registered office is at 140b Longden Coleham, Shrewsbury, SY3 7DN. Our registered VAT number is 243 7816 92 GB.
1.2 All references to Swimtime shall, where appropriate, include Swimtime UK Limited, companies trading as Swimtime that have been authorised by Swimtime UK Limited and/or the appointed Swimtime regional franchise office that provides you with the course(s) from time to time.
1.3 These are the terms and conditions on which our Franchisees (Franchisees) are licensed to provide Swimtime classes and supply their services to you. The specific Franchisee will be notified to you when you book your class. All customers are expected to abide by the terms and conditions set out below.
1.4 Please note that we are not the provider of the classes, and your contract is between you and the Franchisee.
1.5 Please read these terms and conditions carefully. These terms and conditions tell you who we are, how the Franchisees will provide services to you, how you and the Franchisees may change or end the contract, what to do if there is a problem and other important information.
1.5 How to contact us. You can contact your local Swimtime office by phone or email. Details of every office can be found at: https: www.swimtime.org/contact-us
1.6 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 when you booked. In some cases, we may use SMS as a means of communication.
1.7 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2. What we do
2.1 Swimming lessons – Swimtime provides swimming lessons to customers of all ages and abilities, including for a wide range of special educational needs. All our teachers are qualified to a Nationally Recognised Standard. Due to the specialist nature of providing swimming lessons, certain Franchises and locations may not offer all ranges of services. It is important to note a learner’s development is unique, based on a range of factors including their engagement in lessons and regularity of attendance. Swimtime cannot make any guarantees on the rate of progress of a learner and customers are paying for the lesson and not for an attainment outcome.
2.2 Products – Swimtime sells and provides a range of aquatic products to support the learner to swim.
2.3 Resources – Swimtime provides a range of educational resources to support the learning journey away from our lessons. These include incentives and educational content to help reinforce what is covered in our lessons.
3. Lesson Fees – General Terms
3.1 Swimtime currently offers clients two ways to pay:
3.1.1 Pay in Advance: booked in blocks of lessons in advance; and
3.1.2 Pay Monthly: rolling 30-day contract with the ability to cancel any time online with 30 days’ notice – this does not include any Force Majeure circumstances i.e. National Lockdown.
3.2 Different terms apply depending on which choice you make which are set out below.
3.3 Please note Pay Monthly may only be offered for certain course types and is only available at participating Swimtime Franchises.
3.4 You will be informed of the options available to you at the time of booking.
3.5 The Lesson Fees include two elements:
3.5.1 the lesson itself;
3.5.2 Swimtime Membership which covers the provision of educational resources that support the lessons (this was formerly known as a ‘Badge Fee’);
3.5.3 in the event of a credit being applied to the account due to a lesson being cancelled by Swimtime only the portion that relates to the lesson will be credited, this amount can be found on your online account which can be accessed at: www.swimtime.org
3.6 Please note certain venues attract a ‘Non-Member Fee’ details of which are below at paragraph 7.
3.7 Once your booking is in place you will receive a confirmation email detailing what you have booked and providing you with links to relevant class and pool information, our latest Terms & Conditions and access to your personal online account page where you can view your payment details at which point a contract will come into existence between you and the relevant Franchisee.
3.8 It is your responsibility to change the generic online account password issued by Swimtime for first access or when re-setting a forgotten password via your local office. This should be a confidential password, unique to you, which you should keep safe and secure.
3.9 Fees can only be paid online via the Swimtime booking system which can be accessed at www.swimtime.org. Please note payment should not be made to teachers under any circumstances and your lessons may not be deemed paid if payment is made to teachers directly.
3.10 All fees and charges are itemised and available to view on your online account which can be accessed at: www.swimtime.org
3.11 Any initial lesson with Swimtime is an Assessment Lesson where our Swimming Teachers will ensure the swimmer is in an appropriate class for them. Please be aware, any changes in class may result in a different day and time being offered.
4. Pay In Advance Lesson Fees and Payment
4.1 Lesson fees:
4.1.1 Fees for private (1:1 or 1:2) or group lessons vary from pool to pool depending on local factors. For specific details please refer to your local Swimtime Booking Office or check on the Swimtime website at https: www.swimtime.org/contact-us
4.1.2 All course fees must be paid in full in advance of the start date of a course.
4.1.3 Payment can on be made via Credit Card only, online at www.swimtime.org
4.1.4 Swimmers may not be allowed to participate in any swimming lessons until the fees are paid in full.
4.2 Payment of Fees: Any lessons paid for, but not taken within a period of 3 months will be deemed to have been taken at which time there will be no refund offered.
5. Pay Monthly Lesson Fees, Payment and Welcome Pack
5.1 Lesson Fees:
5.1.1 Swimtime offers a Pay Monthly option for customers that offers great value and convenience. Pay monthly customers benefit from:
· worry free automatic reenrolment on the next course – your child’s place within the class is secure;
· lower lesson cost with the added benefit of paying monthly;
· easy to cancel online, anytime; and
· for a limited time, Pay Monthly customers will receive a complimentary welcome pack containing the essential equipment to start swimming.
5.1.2 This Pay Monthly option is offered with no minimum contract term. The notice period for cancellation is 30 days and you can cancel online, any time. This does not include any Force Majeure circumstances i.e. National Lockdown.
5.1.3 The Pay Monthly price is calculated based on a 44-week teaching year inclusive of holidays where teaching does not take place. In the event a franchise area teaches for a different number of weeks this will be reflected in the monthly amount you pay.
5.1.4 We will notify you of any changes to the monthly amount at least 30 days before it is due to change.
5.1.5 Swimmers may not be allowed to participate in any swimming lessons if monthly payments have been missed
5.2 Payment of fees:
5.2.1 When booking your lesson our system will advise you of the monthly fee which is payable in advance.
5.2.2 Our policy is to hold one month as a deposit which will be returned to you, less any amounts due, upon cancellation. Please be aware we will not give credit for lessons within the 30-day notice period if you choose or are unable to attend.
5.2.3 The deposit is payable each time a contract is taken out with Swimtime, even if a Customer leaves or joins in quick succession. Your attention is drawn to the fact this would make cancellation and re-joining within 30 days result in no cash saving.
5.2.4 Payment can on be made via Debit/Credit Card only, online at www.swimtime.org
5.2.5 We do not accept payments via American Express
5.2.6 If your account is in credit, the initial payment will be made up of the remainder of the current month and a full month in deposit. Your credit will then be used to offset your subsequent monthly payments.
5.3 Complimentary welcome pack:
5.3.1 The complimentary welcome pack is offered for a limited time only and whilst stocks last. Swimtime reserves the right to change the content of the pack without notice. Whilst we may record preference of item colour and will do our utmost to provide the preference, we reserve the right to substitute with another colour.
5.3.2 Delivery of the complimentary welcome pack will be made with 10 working days after your place on a course has been confirmed, this is dependent on availability of spaces. For a limited time, delivery will be free of charge. We reserve the right to charge a delivery fee in the future. You will be advised of this at the point of booking.
5.3.3 If you cancel your monthly agreement with Swimtime within 90 days from the plan start date (the first lesson paid for by the monthly plan), the sum of £30.00 will be charged to your Swimtime account to cover the cost of the welcome pack. Alternatively, you can return the pack to us in its original packaging, unused, at your own cost.
5.3.4 We reserve the right to charge any amounts due for the Welcome Pack under the Continuous Payment Authority granted to us at the point of booking.
5.3.5 The welcome pack cannot be exchanged and we offer no cash equivalent.
5.3.6 Swimtime reserves the right to withdraw this offer at any time.
5.4 Pay Monthly Cancellation:
5.4.1 You can cancel your Monthly Plan anytime, online via your account at www.swimtime.org – please note all Pay Monthly plans are subject to 30 days notice.
5.4.2 The system will allow you to choose the date of your last lesson and advise you of any charges you are due to pay or credits you are due to receive including the deposit.
5.4.3 Any credits on your final balance including any additional credits that accrue during the 30 day cancellation period, can be repaid to you after your last lesson with Swimtime.
5.4.4 To request repayment of any amounts due please Contact your local Swimtime office via www.swimtime.org/contact-us where we will endeavour to process this within 15 working days.
5.4.5 For security reasons, Credits can only be applied to the card used to make payment.
6. Swimtime Membership – Pay Monthly and Pay In Advance
Swimtime Membership is a mandatory part of having a lesson at Swimtime and covers a wide range of educational content that is used in our lessons with supporting materials available to support learning away from the pool.
7. Non-Member Fees – applies to Pay In Advance and Pay Monthly
7.1 In certain locations, Swimtime is contractually required to charge a “Non-Member Fee” which applies for every block of lessons booked for customers who are not members of the pool in which you operate. This fee is in addition to the lesson fee.
7.2 The Non-Member fee varies and is liable to change without notice. We will do our utmost to communicate any changes to you in advance. You will be advised of applicable Non-Member Fees when making the booking.
7.3 If you declare yourself as a member of a pool, we may ask you to provide your membership details to enable us to verify this with the pool. If we are unable to verify your details, a non-membership charge may be retrospectively applied to your account which you will then become liable for.
7.4 Many pools offer Swimtime customers specific discounts, so you are encouraged to mention you are a customer of Swimtime when enquiring about membership.
7.5 Our team can advise you of venues that do not have non-member fees associated with them.
7.6 All fees and charges are itemised and available to view on your online account which can be accessed www.swimtime.org
8. General Terms
8.1 Your rights to change your mind
8.1.1 In accordance with the Consumer Contract Regulations 2013 you have the right to change your mind where you have purchased goods or services online. Under these regulations, you have 14 days after the day we email you to confirm we have accepted your order during which you can change your mind and get a full refund of any monies paid to us. To do so please contact us by email or telephone and we will arrange for the cancellation and refund of your money.
8.1.2 We will refund you the price you paid us by the method you used for payment. We will make any refunds due to you as soon as possible and, in any event, within 14 days of you telling us you wish to exercise your right to change your mind.
8.1.3 You must note that once you have used credits purchased to book a lesson you will lose your right to change your mind, even where the 14 day period is still running.
8.1.4 If you have received your welcome pack you must return this to us in its original packaging, unused, at your own cost to receive your full refund. If you fail to do so, we reserve the right to charge the cost of the pack which is £30.00 which we will deduct from the balance owed to you.
8.1.5 If there is insufficient balance available, we reserve the right to charge any amounts due under the Continuous Payment Authority granted to us at the point of booking.
8.2 Cancellations and refund policy
8.2.1 Group courses:
(a) Prior to the commencement of a course of lessons Swimtime tuition may be cancelled without charge by giving not less than 24 hours’ notice by calling or emailing the Swimtime booking office; and
(b) Notice of a cancellation by you of a course within 24 hours of the commencement of that course of lessons will result in the full fee being due or deducted from any credit balance as appropriate.
(c) Once a course has commenced, no refund is permitted in the event of non-attendance
8.2.2 Private lesson(s)
(a) Swimtime private lessons may be cancelled without charge by giving not less than 24 hours’ notice to the Swimtime booking office; with the exception of Village Hotel London Watford and the Holiday Inn London Elstree
(b) Notice of a cancellation of a private lesson within 24 hours of the start of that lesson will result in the full fee being due or deducted from any credit balance as appropriate, unless Swimtime is able to find a replacement customer for the slot you have cancelled;
a. Please note: this does not apply to Swimtime Surrey, Swimtime West County and Swimtime Perthshire who run all lessons as Group Courses regardless of the number of attendees.
(c) Once a course has commenced, no refund is permitted in the event of non-attendance of the customer for any reason; and
(d) Any lessons paid for, but not taken within a period of 12 months will be deemed to have been taken at which time there will be no refund offered.
8.2.3 Method of cancellation
(a) notice to the Swimtime booking office;
(b) please note that a message left on an answer phone or voicemail is not considered as satisfactory notice; and
(c) that the Swimtime offices are closed at weekends.
8.2.4 A “Non-Member Course Fee” is not linked to the cost of a lesson. In the event of a refund of a lesson fee, the non-member course fee, or part thereof, will be refunded.
8.3 Adverse Weather Conditions Unfortunately, in this country, we are often on the receiving end of some really bad weather. Heavy rain, gale force winds, snow, ice, etc! This can sometimes result in a pool being closed because the pool’s staff can’t get to work. If this happens, we will let you know with as much notice as possible. A credit will be applied to your account or, if possible, a catch-up lesson will be offered. You will be free to elect whether to take the credit or the catch-up lesson. But if the pool is open, our lessons will go ahead. Where a lesson does go ahead and you don’t attend we won’t credit any missed lessons.
8.4 Swimmer Medical Details/Additional Support Needs (ASN)
8.4.1 At Swimtime, swimmer Medical Details and Additional Support Needs (ASN) information are essential for the safe running of our classes and for reference in emergency situations. Adult swimmers, parents and carers of swimmers under 16, are reminded that it is their responsibility to supply up to date, relevant Medical Details and/or ASN information at least every 12 months and when there are any changes to a swimmer’s medical condition and/or ASN. If the swimmer is under 16 years of age their parent or guardian should provide these details on their behalf.
8.4.2 Medical/ASN details can be updated at any time via your online account at www.swimtime.org. You will also be prompted to complete the medical information when logging in if medical details are:
(a) not present;
(b) incomplete; and/or
(c) have not been updated in the last 12 months
8.4.3 Please note that you will not be able to access the rest of your account until medical details have been updated where required.
8.4.4 Swimtime will not be liable in any way should details have been completed inaccurately or incompletely.
8.4.5 Swimtime keeps all such records entirely secure and only accessible by specified individuals within the organisation.
8.5 Valuables: Whilst most pools provide locker facilities Swimtime has no control over these. Swimtime UK Ltd will not accept liability for the loss of or damage to any personal effects brought by a swimmer to any session and you are therefore requested to ensure that no valuable items are brought to the swimming lessons.
8.6.1 Swimmers, parents, guardians, siblings or all other associates, must observe the pool entry rules and respect all other pool rules whilst in the pool. Pool staff shall retain the right to refuse admission and in such circumstance Swimtime will not be liable for, or offer, any refunds or credits for any missed lessons or classes.
8.6.2 For health and safety reasons Swimtime requires that swimmers do not go to the poolside more than 5 minutes prior to the commencement of their lesson.
8.6.3 Where the swimmer is a child, they must be collected from the pool no more than 5 minutes after the lesson has ended. No child will be released until they are collected by an appointed responsible adult.
8.6.4 The responsible adult must remain in the pool premises and be contactable for the duration of the lesson.
8.7.1 Swimtime, only work with Independent Swimming Teachers who are fully qualified and have current Enhanced DBS Disclosure from England and Wales, Disclosure Scotland and Access Northern Ireland.
8.7.2 Swimtime will endeavour to provide consistency with teachers on a week to week basis for the instruction of Group & 1-1 Lessons.
8.7.3 The suitability and subsequent appointment of a teacher shall be at the absolute discretion of Swimtime at all times.
8.7.4 Should a teacher start to teach a course but fail to complete the full course of lessons, which have been paid for, this will not constitute grounds for full or part refund of fees as long as Swimtime find a suitable replacement teacher to teach the remainder of the course. Should Swimtime not be able to find a suitable replacement teacher, a credit will be offered towards the cost of a future course once a suitable teacher has been found. It remains at the absolute discretion of Swimtime to offer the alternative of a refund in such circumstances.
8.7.5 If you have any concerns as to the conduct or suitability of a Swimtime teacher, please contact the Swimtime office who will discuss the matter with you and attempt to address any concerns you may have.
8.8.1 Given the inherent dangers with swimming all those attending a Swimtime class or lesson, including the responsible adults and those attending with the responsible adult, must obey all instructions and commands issued by Swimtime, the instructor and any pool staff.
8.8.2 In the event of a swimmer, parent, guardian, sibling or other associate refusing to obey an instruction from a member of staff, or behaving in an unruly manner towards a member of staff, or any other person or causing damage to pool premises, or any of the furniture fixtures or equipment in those premises the swimmer shall not be permitted to continue with the lessons.
8.8.3 In such circumstances Swimtime UK Ltd shall then have the right to terminate the contract and the swimmer shall not be accepted for any future course organised by Swimtime UK Ltd anywhere. Swimtime shall refund any charges paid for courses not taken following termination.
8.9 Condition of pool premises
8.9.1 Whilst Swimtime will make all reasonable efforts to ensure that the condition of the pool premises including the changing rooms, washing facilities, the pool and poolside area are in suitable condition, we do not accept liability for any injury to a swimmer which may be caused by any defect that Swimtime has no reasonable control over.
8.9.2 If you have any concerns or comments regarding the condition of the pool premises, please let the instructor know and we will do our best to deal with it in a timely manner.
8.10 Transmission of infections: Any swimmer known to be or found to be suffering from any infectious ailment or condition will not be allowed to participate in the lesson and it is the responsibility of each swimmer or (in the case of a child swimmer) the parent or guardian of the swimmer to ensure that the swimmer is fit and well enough to participate. Swimtime will not accept liability for any infection passed to a swimmer by another swimmer on the course or in the pool.
8.10.1 If the swimmer has Diarrhoea, they are highly infectious. As a result, they must not Swim until 48 hours AFTER symptoms have stopped.
8.10.2 COVID – 19: You must not attend swimming lessons if you or your child is suspected of having or being in contact with someone who has tested positive for COVID-19. You must follow UK Government guidelines with respect of COVID-19 – www.gov.uk/coronavirus
8.11 Our responsibility for losses or damages suffered by you
8.11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our 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.
8.11.2 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; for breach of your legal rights in relation to our services.
8.12 Client safety rules
8.12.1 Swimmers must shower before entering the pool.
8.12.2 No swimmer should enter the pool area without a member of Swimtime staff being already present.
8.12.3 There must be no food or drink in any of the pool facilities. Swimmers, siblings, parents and guardians are expected to observe all of the pool’s policies, including no-smoking policies.
8.12.4 No outdoor shoes are to be worn on poolside. If you wish to speak to your child’s instructor please either remove shoes and socks or put on shoe covers provided, before you go onto poolside. This clause is in accordance with the pool’s own health and safety policy which allows for no exceptions.
8.12.5 It is forbidden under all circumstances to use mobile phones and/ or audio visual equipment in the changing rooms. Signs clearly state this policy. It is forbidden under normal circumstances to use mobile phones and/or audio visual equipment whilst on poolside. No mobile phones and/ or audio visual equipment of any kind are allowed during swimming lessons. If Swimtime has reason to believe you have breached this policy it will remove you, and any child you are attending with, from the lesson and you will not be allowed to attend any further Swimtime lessons anywhere. Swimtime also reserves the right to refer any matters of this nature to the relevant authorities.
8.12.6 Any other pool facilities that may be available at the pool (such as gymnasiums, spas and other leisure facilities) are only available to be used by pool members in accordance with pool rules and after the payment of any relevant charges direct to the pool. Swimtime has not control or say over the use of any such facilities.
8.12.7 The member who registers a swimmer with Swimtime must bring the child to the lesson, unless you have advised us of an appropriate adult to collect the swimmer on your behalf.
8.13 Disclaimer By attending a course you do so fully in the knowledge that whilst Swimtime will do all that it can to ensure the safety of those it is providing lessons to, accidents can happen. Swimming is, by its nature, a dangerous activity that has an inherent risk of injury or death. By attending a Swimtime course you are accepting this inherent risk and acknowledge that none of Swimtime, its nominated franchisees nor any of the pool owners shall be liable for any death, personal injury or illness not caused by its or their negligence. Nothing in this disclaimer shall limit or exclude Swimtime’s liability for death or personal injury where such death or personal injury is caused by Swimtime’s negligence.
8.14 Dispute resolution
8.14.1 We hope you will be delighted with our service.
8.14.2 In case of any dispute, please write to us at either:
(a) Swimtime (UK) Ltd., 140b Longden Coleham, Shrewsbury, SY3 7DN; or
8.14.3 Your correspondence will be forwarded to the appropriate Swimtime Franchise Office who are responsible for all aspects of Customer Service within their franchise areas.
8.14.4 Swimtime UK Ltd is a Franchise Support Centre and does not exist for the resolution of customer disputes. If you are not satisfied with how your local office has handled your concerns, please do write to us at the above address and we will investigate the matter.
9. Swimtime’s Website
9.1 The content of all of the pages of this website is for your general information and use only. It is subject to change without notice. Neither Swimtime nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and material may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
9.2 Your use of any information or material on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
9.3 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
9.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
9.5 You may not create a link to this website from another website or document without prior written consent from Swimtime.
9.6 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
9.7 Unauthorised use of this website or any content therein may give rise to a claim for damages against you and/or may be a criminal offence.
9.8 Any dispute arising out of use of the website is subject to and governed by the laws of England and Wales.