1.1 In these terms and conditions unless there is anything in the context inconsistent with them the following expressions shall have the following meanings:
means the agreement between the Company and the Member on these conditions (including the Membership Form) as may be amended from time to time in accordance with its terms;
means the leisure centre(s) indicated on the Membership Form to which the Member is given Rights pursuant to the Agreement;
means Active Northumberland (Registered Charity No. 1153198)
means all necessary consents, permissions and licences required for use of the Centre and/or regulating its use;
shall mean any person over the age of 16 years who has submitted a Membership Form and been accepted as a member and “Members”
shall have a corresponding meaning;
means membership pursuant to an Agreement;
means the application form in the form annexed, which comprises part of the Agreement; “Rules”
means rules and regulations made by the Company in connection with the Centre(s) as published in the reception area of the Centre(s) from time to time;
means Value Added Tax or any other tax for the time being replacing the same.
2. THESE TERMS
2.1 What these terms cover
. These are the terms and conditions on which we supply Services to you and/or you use Our Facilities as a Member.
2.2 Why you should read them
. Please read these terms carefully before you submit your Membership Form 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.
3. INFORMATION ABOUT US AND HOW TO CONTACT US
3.1 Who we are
. We are Active Northumberland a charitable leisure and cultural trust established in England and Wales under number 1153198 and having our registered office is at Blyth Sports Centre, Bolam Park, Blyth, Northumberland, NE24 5BT.
3.2 How to contact us
. You can contact us by telephoning our consumer service team at 01670 620 200 or by writing to us at firstname.lastname@example.org or Blyth Sports Centre, Bolam Park, Blyth, Northumberland, NE24 5BT.
3.3 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 Membership Form.
3.4 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
4. OUR CONTRACT WITH YOU
4.1 How we will accept your request for membership
. Our acceptance of your Membership Form will take place when we tell you that we are able to provide you with the Services.
4.2 If we cannot accept your request for membership
. If we are unable to accept you as a Member, we will inform you of this and will not charge you for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Services.
4.3 Your Membership Number
. We will assign a Membership Number to you and tell you what it is when we accept your Membership Form. It will help us if you can tell us the Membership Number whenever you contact us about the Services.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to suggest a change to the Services 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, their timing or anything else which would be necessary as a result of your suggested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the services
. We may change the Services to reflect changes in relevant laws and regulatory requirements.
6.2 More significant changes to the Services and these terms.
In addition, we informed you in the description of the Services on our website, we may make changes to the Services, but if we do so we will notify you of any significant changes.
7. PROVIDING THE SERVICES
7.1 When we will provide the Services
. We will supply the Services to you from the date set out in the Membership Form for the time period set out in the Membership Form. The Services will continue until either you end the contract for the Services as described in clause 9 or we end the contract by written notice to you as described in clause 8.
7.2 We are not responsible for delays outside our control.
If our performance of the Services is affected 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.
7.3 Reasons we may suspend the Services.
We may have to suspend the Services to:
(A) deal with technical problems or make minor technical changes;
(B) update the services to reflect changes in relevant laws and regulatory requirements;
(C) make changes to the services as requested by you or notified by us to you (see clause 6).
7.4 Your rights if we suspend the services.
We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 2 weeks in any 4-week period, 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 if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than and we will refund any sums you have paid in advance for services not provided to you.
8. OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract if you break it.
We may end the contract at any time by writing to you if:
In association with (A) you do not make any payment to us when it is due and you still do not make payment within 28 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;
9. IF THERE IS A PROBLEM WITH THE SERVICES
9.1 How to tell us about problems.
If you have any questions or complaints about the services, please contact us. You can contact us by telephoning our consumer service team on 01670 620 200 or by writing to us at email@example.com or Blyth Sports Centre, Bolam Park, Blyth, Northumberland, NE24 5BT. Alternatively, please speak to one of our staff at the Centres.
9.2 Summary of your legal rights.
See the 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.
10. PRICE AND PAYMENT
10.1 Where to find the price for the services.
The price of the services (which includes VAT) will be the price set out in our price list in force at the date you submitted your Membership Form unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of Services advised to you are correct.
10.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we provide 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.
10.3 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 service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service's correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your Membership Form. If we accept and process your Membership Form where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.
10.4 When you must pay and how you must pay.
You must pay for the Services each month for that month by direct debit in accordance with the direct debit mandate form completed by you and on the payment dates stipulated on the Membership Form.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 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.
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 the services.
11.3 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.
12. FITNESS CLASS ETIQUETTE
12.1 Checking in for your Class.
Please ensure you check in at reception or the self service Kiosk before entering your class. Our instructors take a register before the start of every class and anyone not on this list will be asked to return to reception and check in before they start the class. If you are not checked in, we will presume you have not attended and not cancelled and will apply the cancellation policy explained in clause 12.2.
12.2 Cancellation of classes.
If you book into a class and you are unable to attend then you must cancel your booking a minimum of 1 hour before the start of the class. Failure to do this will result in you receiving a strike on your account. An accumulation of 3 strikes will result in your class booking privileges being suspended for 2 weeks, which means we will withdraw your rights to book a place in any of our classes, however you will still be able to attend the class if there is a place available at the time the class starts.
12.3 You can contest a class ban.
If you believe the strike has been actioned incorrectly then please call us to discuss.
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
13.2 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.
13.3 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.
13.4 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 or 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.
13.5 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.
Complete Membership Cancellation Form by clicking here
DFC Customer Contract
Pursuant to Direct Debit memberships
Definitions: Service Provider = "we", "us" or "our"; Customer = "you"; Debit Finance Collections Plc = "DFC"
Terms of your Contract
PERIOD OF COMMITMENT
-You are agreeing to subscribe monthly for the services provided by the Service Provider and contracting to remain a subscriber for the minimum period of the contract ("Minimum Period").
-Once you have completed the minimum number of Direct Debit payments we will automatically continue to collect the agreed Direct Debit payment amount on the frequency chosen at the time of setting up the Direct Debit Instruction. Your contract will continue until terminated in accordance with these provisions.
-You may cancel the automatic renewal of this contract at any time by providing at least 1 Months notice in writing or by e-mail (firstname.lastname@example.org) to the Service Provider or to DFC.
COOLING OFF PERIOD
-This contract commences once you have indicated your acceptance in the Declaration section of this contract. You have 14 full days after signup to cancel this contract for any reason. To exercise this right, you must inform us of this by post, email or telephone using the details provided. Alternatively, you can notify DFC in writing or by email to email@example.com. If you exercise this right to cancel, we will reimburse you all joining and subscription fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel, then we will reduce your subscription fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.
-Your subscription starts immediately.
-You will be entitled to all the rights and privileges extended to you for the type of subscription chosen.
TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL
-During the Minimum Period you may cancel the contract only:
1. If we fail to maintain the standard of service you would reasonably expect.
2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services.
3. If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so. *
4. If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place. *
5. If you lose your employment and are subsequently unable to keep up your repayments under this contract. You must produce documentary evidence and we may, at our discretion, suspend your payments for two months. We will then review your financial situation with you. *
6. If you become pregnant. You must produce documentary evidence and we may, at our discretion, suspend payments for three months. We will then review your situation with you. *
* PLEASE NOTE: points 3-6 require documentation, this can only be accepted from the date of receipt.
TERMINATION PAYMENT FOR EARLY CANCELLATION
-If you cancel your subscription during the Minimum Period, other than in the circumstances set out above, we shall be entitled to a termination payment ("Termination Payment").
-The Termination Payment will be the total of:
1. Any arrears;
2. Any accumulated late payment charges that have been or will be incurred; and
3. The monthly subscriptions that would otherwise have fallen due before the end of the Minimum Period.
-You will be given credit for early payment, and this will be in the form of a discount applied against the total that you have to pay. For details of how the discount is calculated, please contact DFC.
-If you miss two payments, you will be deemed to have breached your contract.
GIVING NOTICE TO CANCEL
-DFC will continue to collect your monthly subscription after the Minimum Period. Should you not wish to continue subscribing after the Minimum Period, you must give notice to cancel the contract at least 1 calendar month before the final payment of the minimum period. If you wish to cancel the contract at any time after the Minimum Period, you must give at least 1 calendar months notice. The notice should be in writing or by e-mail (firstname.lastname@example.org) and sent to the Service Provider or DFC.
COLLECTING YOUR MONTHLY SUBSCRIPTIONS
-DFC is our agent for the collection of your monthly subscriptions. DFC will collect your subscription monthly in advance on our behalf by Direct Debit. -If you fail to make a payment on time, you will incur the following charges:
1. Fail to pay the subscription on the due date £15.00.
2. Fail to pay the missed subscription within 7 days of the date of a reminder correspondence £30.00.
3. Fail to pay the arrears and accrued charges within 7 days of the date of a Final Notice £45.00.
- Late payment charges become payable immediately when they are incurred.
-Other Charges include:
1. Payment other than by Direct Debit £5.00.
2. Any cheque returned unpaid by your bank £10.00.
-DFC is also our agent for serving notice and collecting any Termination Payment which becomes due. Any notice served on you in accordance with the terms of this contract, will be deemed to have been delivered to you the next day after it is despatched by us, or our agent.
-If you would like to make a complaint with the service you have received from DFC, this should be in writing or by e-mail to (email@example.com). You may also request a copy of our complaints handling policy.
If you fail to pay any amount due under this agreement for a period of more than 30 days, then we may pass the debt to a third party company for collection. The costs incurred in employing the third party company will be borne by you including the costs in tracing you should you have changed address without telling us.
PRIVACY AND DATA PROTECTION
We take great care to ensure that any information we hold about you is kept safe and secure. This section explains how and why the Service Provider and DFC use your personal information. The Service Provider and DFC need to collect and process personal information in order to be able to provide you with the services. The personal information required includes:
- your personal details (such as your name, address, date of birth, telephone number and email)
- financial information (such as bank account details)
- medical information (which is provided to the Service Provider)
- ethnicity (which is provided to the Service Provider, but which is completely optional)
Your details and financial information
DFC requires this information in order to collect and process payments. It will also use the information for related purposes, e.g. keeping records of financial transactions for a number of years (as required by law and the Direct Debit Indemnity) or to pursue unpaid debts. DFC may anonymise and aggregate data (so that it no longer identifies you) and then use it for analysis and reporting purposes. Some of the information DFC collects and processes will also be shared with the Service Provider (e.g. details of a missed payment)
In order to take out a subscription the Service Provider needs to know a bit about your health and any conditions or injuries you suffer from (this is to make sure that you can make use of the services safely and without risking injury). When subscribing via DFC's online portal you will be asked to provide certain sensitive personal data about your medical history. This information is provided on the basis of your consent, and you do not have to provide it. However, if you choose not to then the Service Provider won't be able to provide you with its services (e.g. gym membership).
If you do decide to provide this information it will be sent to the Service Provider (DFC will not store or have access to it). You can, of course, withdraw your consent to our using this sensitive personal data whenever you wish. However, by withdrawing your consent you will also be cancelling your contract with the Service Provider (as it will no longer be able to provide you with our services). If this cancellation takes place during the Minimum Period, you will be liable to make a Termination Payment (as set out above).
The Service Provider will also be provided with details of your ethnicity (if you choose to provide this information). for its own equality monitoring. This information is completely optional and there is no need to provide it (and it you can ask for it to be deleted at any time without consequence to you).
For further information on how and why the Service Provider and DFC use your personal information, and details of your legal rights (including the right of access) please visit: https://www.debitfinance.co.uk/.