STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES OF AERODANCE LTD
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Services from the Supplier;
1.3 "Services" means Aerodance dance classes;
1.4 "Supplier" means Aerodance Ltd of 1A High Street, Epsom, Surrey KT19 8DA;
1.5 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 ACCEPTANCE OF TERMS AND CONDITIONS
3.1 The Customer will be deemed to have accepted the term and conditions in this document unless the Customer has contacted the Supplier in writing within seven days of receipt of the terms and conditions.
4 PRICE AND PAYMENT
4.1 The price for the Services is as specified in the Supplier's published price list (available on request) and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified on the invoice from the Supplier.
4.3 If the Customer fails to make the payment in full before the start of the first class as specified on the Supplier's invoice then they will not be entitled to attend that class or any further classes during that term.
4.4 Where a Customer fails to attend the number of classes that they have paid for during a term they shall not be entitled to carry forward a monetary credit against the fees of a subsequent term.
4.5 Payment of an invoice does not entitle the Customer to use in public or for personal gain the dance routines learnt during an Aerodance class.
4.6 Payment must be received by the date specified in the invoice in order to guarantee the customer's place
5 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
5.1 co-operate with the Supplier;
5.2 provide the Supplier with any information reasonably required by the Supplier;
5.3 obtain written consent from the Supplier prior to performing in a public place any dance routines that the Customer has been taught during a class provided by the Supplier, and
5.4 must make all reasonable attempts to attend their regular class before switching to an alternative class.
5.5 The Customer must only attend the number of classes paid for in advance for that term. The customer may not attend additional classes in any term in place of classes missed in a previous term.
5.6 The Customer must inform the Supplier as soon as they become aware of any medical condition or injury that may be relevant information for the teacher. It is the responsibility of the Customer to obtain professional medical advice as to whether or not they should continue to attend Aerodance classes.
5.7 The Customer is responsible for purchasing and maintaining their own personal accident insurance.
6 SUPPLIER'S OBLIGATIONS
6.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
6.2 The Supplier accepts all responsibility for the condition of equipment used in the performance of the Services.
6.3 The Supplier will endeavour to inform all members by phone no less than one hour prior to the commencement of a class should a class need to be cancelled.
6.4 The Supplier will allow members to attend alternative classes in the venues specified in the "Welcome letter" during the same term when they miss their regular class.
6.5 The Supplier cannot be held responsible for a Customer's failure to attend a class.
7 LIMITATION OF LIABILITY
7.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
7.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
7.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
7.4 Whilst the Supplier will endeavour to ensure venues are of a reasonable standard the Supplier will not be in any way responsible for the quality of the venues.
7.5 The Supplier cannot be held responsible for the loss or theft of personal valuables whilst attending any class provided by the Supplier.
8 CANCELLATIONS AND REFUNDS
8.1 Where the Supplier cancels a class that the Customer has paid for, and the Supplier is unable to offer a reasonable alternative, then the Customer will be entitled to a full refund for that class.
8.2 With the exception of 8.1 no refunds will be given by the Supplier unless the Customer gives notice to the Supplier of their decision to cancel at least fourteen days prior to start of the term for which payment has been made. The refund will be in full.
9 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.