Terms & Conditions - Learn to Swim Membership
Terms and Conditions of Learn to Swim Membership
These are the terms and conditions upon which we provide you with membership and access to our swimming lesson programme. Please read these carefully before completing the online Learn to Swim Membership application and Direct Debit payment instruction.
In these terms and conditions, the following definitions apply:
“Contract” means a contract between East Renfrewshire Culture and Leisure (ERCL) and the Member, being these terms and conditions of Learn to Swim Membership and the Membership Application.
“ERCL“, “our“, “us” and “we” means East Renfrewshire Culture and Leisure Limited, a company registered in Scotland with company number SC486489 and Scottish Charity Number SC045726.
“Member“, “you” and “your” means the member named on the online Learn to Swim Membership application.
“Membership” means membership of facilities operated by ERCL, through which access to the facilities is granted to the extent provided on the Learn to Swim Membership Application and defined in these terms and conditions.
“Membership Application” means the Learn to Swim Membership Application and Direct Debit payment instruction completed online by the Member.
“Management Rules” means the rules displayed prominently in our facilities and related to opening hours, use of facilities and your conduct.
“Website” means www.ercultureandleisure.org
- 1. General Membership Terms
- (a) Learn to Swim Memberships are conditional upon our acceptance of an accurately completed Membership Application, including the direct debit instruction. We use these to process your Membership Application and payment of the relevant Membership Fees (see section 4).
- (b) This Contract applies to your Membership of the facilities operated by ERCL. Details of our facilities are provided on our Website.
- (c) Membership Fees must be paid in accordance with these terms and conditions.
- (d) You may only access and use the facilities if all your payments to us are up to date.
- (e) Membership is subject to the terms and conditions of this Contract and the Management Rules.
- (f) Membership shall be subject to the Payment of the relevant Membership Fee in accordance with section 4
- 2. Learn to Swim Membership
- (a) Our Learn to Swim programme delivers lessons over a 49 week period.
- (b) Swimming lessons do not run for three weeks of the year (two weeks over the Festive period and one week for teacher training).
- (c) Membership is based on a minimum of 46 lessons per annum at ERCL Leisure sites.
- (d) We guarantee a minimum of 46 lessons per year. You can receive up to 49 lessons per annum.
- (e) The price of 46 lessons will be averaged over 12 monthly direct debit payments.
- (f) Learn to Swim membership includes free public swimming for all children in the Learn to Swim programme who pay for lessons by monthly Direct Debit payments.
- (g) We reserve the right to combine classes at short notice if necessary.
- 3. Membership Direct Debit Payments
- (a) The price of 46 lessons will be averaged over 12 monthly Direct Debit payments.
- (b) Direct Debit payments are paid monthly, in advance
- (c) You are required to make payment of the Membership Fees in accordance with this Contract. Information about Membership Fees can be found on our Website.
- (d) Payments of the Membership Fee are made by Direct Debit on the date specified on your Membership Application and Direct Debit instruction. Any pro rata payment will be specified when completing your Membership Application.
- (e) If your direct debit payment request is declined we will take reasonable steps to contact you and may ask you to pay the full amount due on your next visit to the facility. If you do not settle your outstanding account by the next Direct Debit payment date, we will suspend your Membership until all arrears are paid.
- (f) Unpaid Membership Fees may be referred to a collection agency unless the cancellation procedure has been properly followed.
- (g) All Membership Fees may be subject to periodical review. If we make any changes to the Membership Fees we will give you 30 days’ prior notice of any change. You will be entitled to cancel your Membership at any time before any increase comes into effect.
- (h) Membership fees are non-refundable (see section 6).
- (i) If the Direct Debit is cancelled (even in error) we can’t guarantee the same space being available for your child.
- (j) A concessionary membership discount is available. Concession guidelines apply.
- 4. Suspension of Membership / Missed Lessons
- (a) Learn to Swim Membership fees are non-refundable.
- (b) In the event of illness, a medical certificate can be provided, then a full refund will be given for any lessons already paid for that month.
- (c) In the event of medical circumstances that stops the use of membership for a period longer than one month, you may apply for a temporary suspension of the membership. This is at the discretion of ERCL.
- (d) Suspension of membership will result in the withdrawal of the previously allocated swimming lesson day and time. To restart lessons you must contact ERCL to arrange a space within the programme.
- (e) Unplanned lesson cancellations can occur and there may be occasions where we have to close our facilities or cancel swimming lessons. We will do our best to give advance notice of any cancellations or closures.
- (f) If the pool is closed for planned maintenance, we will inform customers in advance and adjust or suspend Direct Debit payments for that period.
- 5. Cancellation or Suspension of Membership
- (a) You are entitled to cancel your Membership and receive a full refund of any fees paid within 14 days of completing your Membership Application.
- (b) We may end or suspend your Membership without notice if:
(i) You break this Contract or our Management Rules;
(ii) Any part of your Membership Fee remains unpaid 30 days after its due date for payment; or
(iii) You provide us with details which you know to be false when applying for Membership and the false declaration would have reasonably affected our decision to grant or continue to offer you Membership.
If we terminate your Membership for any of these reasons, we reserve the right to retain a proportion of the money that you have paid us under this Contract to cover any reasonable costs we have incurred as a result.
- 6. Membership Termination
- (a) Your Right to Terminate the Contract: You may terminate your Monthly Membership by giving us 30 days’ written notice to:
Swimming Lesson Membership Administration
East Renfrewshire Culture and Leisure
1 Burnfield Avenue
Or email: email@example.com
- (b) Once we receive a formal request for cancellation, one further monthly fee is payable after which termination will take effect.
- (c) Upon termination of your Membership you will be responsible for cancellation of your direct debit arrangements. If there is still a balance of money due to us you must pay it immediately.
- (d) Unpaid Membership Fees may be referred to a collection agency unless the cancellation procedure has been followed.
- 7. Changes to Membership Terms and Conditions
- (a) We may make minor changes to any aspect of the Services, this Contract and the Management Rules. Examples include:
(i) to reflect changes in laws and regulations, such as any changes to the regulation of third party intermediaries in the energy sector; and
(ii) to make minor technical adjustments and improvements, for example to address a security threat.
We will limit the effect of these changes on the Services as far as we can.
(b) In addition, we may make other more significant changes to this Contract, the Services or the Management Rules. If we do so, we will notify you and provide you with valid reasons for why a change requires to be made. You may then contact us to end the Contract before the changes take effect.
- 8. Membership Card
- (a) You will be issued with a Membership card for which you must have a photograph taken at point of issue.
- (b) Your Membership Card must be available for inspection on each visit to our facilities before using them. If you cannot produce a Membership card you may be refused access. You must not loan your Membership Card or permit it to be used by anyone else. Any loss of Membership Cards must be reported to ERCL immediately.
- 9. Change of Member’s Details
You are responsible for notifying us of any changes to your personal details including change of name and address immediately upon the changes occurring. If any changes require a new Direct Debit arrangement, you must inform us of the new circumstances and complete a new Direct Debit instruction.
- 10. Data Protection
(a) East Renfrewshire Culture and Leisure is the Data Controller. The Data Protection Officer is Scott Simpson, Head of Library & Information Services.
(b) The lawful basis for processing your data is for the performance of the contract you have entered into with us.
(c) The highest categorisation of data that you may supply us, and which will be recorded on our leisure management system is Personal Sensitive.
(d) Although your membership and usage data will be stored locally on our leisure management system we may share some or all of this data with 3rd parties such as East Renfrewshire Council for the purposes of checking your entitlement to benefits if this entitlement is used by you to claim a concession membership.
(e) We will retain your personal information on our leisure management system for a period of 5 years. The trigger for this retention period will be your notice to quit. Once 5 years has expired your personal information on the leisure management system will be anonymised.
(f) You have the following data protection rights which you can exercise at any time:
1. The right to be informed
2 .The right to access
3. The right to rectification
4. The right to erase
5. The right to restrict processing
6. The right to data portability
7 .The right to object
(g) In the event that you think your personal data is being misused or that your rights as defined in (f) above are not upheld then you have the right to lodge a complaint with a supervisory authority.
Data Protection Officer
East Renfrewshire Culture and Leisure Limited
1 Burnfield Avenue
Or email: firstname.lastname@example.org
- 11. Other important terms
(a) There may be occasions where we have to close all or part of our facilities of which you are a member. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency.
(b) We may transfer this Contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Contract. If you are unhappy with the transfer you may contact us to end this Contract within 4 weeks of us telling you about it.
(c) You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Contract to another person if we agree to this in writing.
(d) Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
(e) 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.
(f) 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 products, we can still require you to make the payment at a later date.
(g) Which laws apply to this contract and where you may bring legal proceedings. This Contract is governed by Scottish law and you can bring legal proceedings in respect of this Contract in the Scottish courts.
Published 6 December 2023 – valid from 1 January 2024