BOOKING TERMS AND CONDITIONS
1. THESE TERMS
1.1 These are the terms and conditions on which we supply our services to you, including group classes, courses and private appointments. By booking onto a nordic walking session you accept the these terms and conditions apply to that and all future sessions.
1.2 Please read these terms carefully before you make a booking. These terms tell you who we are, how we will provide our 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 We are Fresh Air Nordic Walking, the trading name of Michelle Chalkley, a sole trader.
2.2 You can contact us by telephoning on +447833113113 or by writing to us at email@example.com.
2.3 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 setting up an account, when placing your order or sending us a contact request.
2.4 When we use the words "writing" or "written" in these terms, this includes emails and other forms of written communication including Facebook and WhatsApp message services, where we are connected with you on such services.
3. HEALTH AND SAFETY; ACCEPTANCE OF RISK
3.1 Before you commence any activity with us, you must complete a short Par-Q health questionnaire. A copy can be found here. This document is really important. Please take time to think about your answers and be truthful. Should you answer 'yes' to any question or otherwise have any health concern you must consult your doctor before commencing any physical activity such as Nordic Walking. It is also important that you check back at your answers on a regular basis in case your answers would be different and if they are, that you take prompt action to consult your doctor before continuing with any physical activity. We will periodically ask you to complete a fresh form to check that your answers are uptodate. Without an updated form completed, we may not be able to allow you to continue to join our classes.
3.2 We may refuse to allow you to attend a Class where you have not completed the health questionnaire or where we otherwise have a concern over some aspect of your health which we think you should see your doctor about first. In some cases we may not accept you for a Class without a specific written approval of your doctor or other appropriately qualified health professional. This is a pre-requisite in any case for all our senior walkers who are aged 80 or over.
3.3 You acknowledge that:
(a) nordic walking sessions involve physical exercise which: (i) may be on slippery, muddy, hilly or uneven ground with natural obstacles such as, by way of example, tree stumps and roots; low hanging and fallen branches; rocks, stones and uneven paths, roads and pavements; (ii) will take place in countryside as well as urban environments, including on footpaths and bridleways through fields and wooded spaces; (iii) may involve crossing small streams or navigating surface water; and walking through turnstiles and over stiles; and has inherent risks of injury or even death. You are voluntarily participating in these activities. By the very nature of nordic walking in an outdoor environment, we cannot guarantee that an accident or injury will not occur. You accept that risk as a condition of us allowing you to join a nordic walking session;
(b) you know of no reason why you should not participate in each nordic walking session you attend. You should not have any current injuries which may be aggravated through physical activity.
If you are aware of having any condition, disease, illness or infirmity that would make it inadvisable or risky for you to participate, you should not participate in a session.
(c) you must tell us about any medical conditions (such as asthma, diabetes or heart condition, for example) which could be triggered or require treatment as a consequence of engaging in outdoor physical activity. You acknowledge that you are solely responsible for bringing your regular medication with you to Classes and you must keep it on your person at all times.
(d) If you feel unwell or should any medical condition, injury or illness arise during your participation in a nordic walking session, you must tell your nordic walking instructor immediately. You agree to abide by your instructor’s decision as to whether you should continue and, if so, how.
(a) a doctor has ever said that you have a heart condition or that you should only do physical activity recommended by a doctor; or
(b) you feel, or have at any time in the past felt, pain in your chest when you do physical activity; or
(c) you have experienced chest pain when you were not doing physical activity; or
(d) you lose balance because of dizziness, or ever lose consciousness; or
(e) you have had a knee or hip replacement or otherwise have a bone or joint problem that could be made worse by doing physical activity; or
(f) you are prescribed medication for blood pressure or a heart condition, or you have been prescribed such medication in the past; or
(g) you are pregnant
you must not participate in any of our nordic walking sessions until you have consulted with a doctor to clarify that it is safe for you to participate in physical activity such as nordic walking in your current state of health.
4. BOOKING SESSIONS, APPOINTMENTS AND OTHER COURSES ("CLASSES")
4.1 Unless we agree an alternative method, all bookings for Classes must be made using our online booking system. Booking buttons and links can be found on the Timetable and Booking Links pages of our website.
4.2 Our acceptance of your order for any services will take place when you receive an email or other written confirmation from us that your place has been accepted. At this point a contract will come into existence between you and us for the particular service you have booked for.
4.3 We are sure you will understand but unfortunately, we cannot delay the start of a Class whilst we wait for you to arrive. Classes will not be extended beyond their stated finish times on account of you being late. If your Class is a group Class, we reserve the right to refuse you to join the Class late if we think that it will disrupt the effective running of the Class course for the other attendees. You will not be entitled to a refund in that situation.
4.4 There are no refunds for missed Classes.
4.5 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 Class bookings you have paid for but not received.
4.6 Occasionally, we may need to cancel a Class. We will try and give you as much notice as possible. Our cancellation could arise, for example, as a result of unacceptable risk to injury caused by weather conditions, instructor illness or injury or a breakdown getting to a Class. In addition, we also reserve the right to cancel any group Class where the number of attendees who are booked into the Class by the time that booking for that Class closes, is less than three people. In any such situation, we will give you the option to transfer your booking to an alternative time or we will refund the Class fee.
5. YOUR CANCELLATION RIGHTS
5.1 You have certain statutory rights to cancel contracts for services under UK law. Nothing in these terms affects any rights which you entitle to cancel a contract for our Services within the 14 day cooling off period provided by law. Where it applies, the 14 day cooling off commences on the date of the relevant purchase for any of our services, as evidenced by our confirmation of your purchase.
5.2 Once we have completed the services related to a booking for any Services you cannot change your mind, even if the 14 day cooling off period applies and is still running.
5.3 In additional, once a Class has started you cannot cancel your booking for it, if you have not cancelled before it started, even if within a cooling off period to which you are entitled.
5.4 Where the cancellation relates to a course booking involving a number of sessions, where you have started the course you will, if you cancel during the 14 day cooling off period, have to pay us for that part of the course which has already taken place (whether or not you attended). This will be done on a pro rata basis. For example, if you cancelled a four lesson 'Introduction to Nordic Walking' course within the 14 day cooling off period, two lessons of which have been scheduled and completed, you will still be liable for one half of the course fee (2/4) in the event you change your mind. If you cancel outside of the 14 day cooling off period, no refunds are due.
5.5 For individual Class bookings, we offer a fair cancellation policy. You may cancel or reschedule a Class booking provided you make the change on our online booking system not less than 12 hours before the start time for the Class in question. Cancellations less than 12 hours before the start time are not refundable.
5.6 Packages and gift vouchers purchased can only be cancelled provided no Classes have been redeemed against the package or gift voucher and the cancellation right has been exercised within 14 days of the date of the original purchase. Packages and gift vouchers have redemption end dates. Unless otherwise stated at the time of purchase, all packages and vouchers must be redeemed against applicable Classes within 90 days of the date of purchase. Any unused portion of a package or voucher will be forfeited.
5.7 The contract can be cancelled by either of us and we will refund you in full for the Classes which have not been provided for one of the following reasons:
(a) we have told you about an upcoming material change to a Class (such as a change in location or time) which you have already booked and you inform us that you do not agree and want a refund instead;
(b) we have told you about an error in the price or description of the Class you have booked and you do not wish to proceed;
(c) there is a risk that our ability to run a Class may be significantly delayed or hindered because of events outside our control such as, for example, inclement weather;
(d) you have a legal right to cancel because of something we have done wrong; or
(e) for any reason listed in Clause 4.6 above.
6. HOW TO END THE CONTRACT OR CANCEL A BOOKING INCLUDING DURING A COOLING OFF PERIOD
6.1 To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us on +44 (0)7833 113113 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the contact form on our website.
(c) Via the Booking System.
6.2 If you are entitled to a refund under these terms we will refund you the price you paid for the Class(es) in question. Where we can we will make the refund by the same method you used for payment. Insofar as the law allows, we reserve the right to deduct an administration fee to cover the cost of the refund transaction which we incur.
6.3 We will make any refunds due to you within 14 days of the date you inform us of your change in mind or ending of the contract.
7. OUR RIGHTS
7.1 We may end the contract for a service at any time by writing to you if you do not pay us fees for Classes when they are due.
7.2 We may cancel any outstanding contract with you and we may require you to leave a Class where we consider that you are in breach of our Code of Conduct at the bottom of this document or where you are regularly either not showing up for booked Classes or are cancelling without good reason.
8. PRICE AND PAYMENT
8.1 The prices of our Classes are all available on the online booking system accessed from this website or via our facebook page (@freshairnordicwalking).
8.2 It is always possible that, despite our best efforts, some of the Classes we offer may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price for the Class at your order date is less than our stated price at your order date, we will charge the lower amount. If the Class's 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.
8.3 All payments via the booking system require payment via Paypal or Stripe.
8.4 We reserve the right to change our Class and event prices at any time. These will not affect your ability to use packages of credits for Classes previously paid for but not redeemed at the previous applicable price.
8.5 Broadly speaking, our prices for our walks reflect a three tiered pricing structure, depending on the expected duration of the Class (standard class durations being roughly 75 minutes). Special events including half-day or longer excursions are individually priced. Unless otherwise stated at the time of purchase, packages cannot be redeemed against special events.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 We will use your personal information you provide to us:
(a) to supply the services to you;
(b) tell you news about our upcoming Classes and other events and activities;
(c) share news about and experiences of our walks with others on social media and website news and blog pages promoted by us. If you are uncomfortable about us using any images of yours for any purpose please just tell us. We will respect your wishes; and
(d) to process your payments to us.
10. OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under these terms to another organisation where that organisation takes over from us.
10.2 We are not responsible for the loss, damage or theft of any of your personal belongings. We advise that you leave all valuables at home.
10.3 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.
OUR CODE OF CONDUCT
• Clients should show respect for all fellow Class members and communicate with each other in a caring, supportive and friendly manner.
• Language or behaviour which is racist, sexist, foul, abusive, or intolerant will not be tolerated.
• No mobile phones should be used during Class except during an emergency. Please keep them on silent.
• Anyone under the influence of drink or drugs will be asked to leave.