We are MER-FIN SWIM LTD incorporated and registered in England and Wales with company number 14899404 whose registered office is at Kew Accountants Business Development Centre, Stafford Park 4, Telford, England, TF3 3BA (Mer-Fin).

The terms on which Mer-Fin agree to supply swimming lessons (Lessons) to you (the Customer) or the person you have booked lessons on behalf of are set out below. Your attention is drawn to “Section 7 – Limitation of Liability” in these terms and conditions.

Section 1 – Interpretation of these terms and conditions

Section headings shall not affect the interpretation of this contract.

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms and conditions.

Any words following the terms ‘including’, ‘include’, ‘for example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

Unless the context otherwise requires, the word ‘term’ relates to a school term as defined by Shropshire Council from time to time, or such other term dates as Mer-Fin notifies to the Customer from time to time.

Section 2 – Basis of our contract

By creating a Swimphony account and/or by booking Lessons with us, the Customer agrees to be bound by these terms and conditions and any items referred to within the same (including our FAQs as updated from time to time, available at https://www.mer-finswim.co.uk/faqs).

Section 3 – Providing Lessons

Mer-Fin will use reasonable endeavours to provide Lessons at the time, on the dates, in the location and in the lesson ratio which the Customer has booked via Swimphony. However, Mer-Fin reserves the right to make changes to the Lessons at any time and will notify the Customer as soon as reasonably practicable after making such change.

In circumstances where the venue at which the Lessons are due to take place is closed for any reason, Mer-Fin cannot accept responsibility or liability to the Customer for any losses which the Customer may experience in the circumstances (including, but not limited to, travel expenses). Mer- Fin will use reasonable endeavours to inform the Customer of any closures as soon as reasonably practicable. Mer-Fin, in its absolute discretion, shall either provide alternative Lessons, catch-up Lessons or an account credit in relation to the relevant cancelled Lesson.

Whilst Mer-Fin will use reasonable endeavours to provide continuity, Mer-Fin does not guarantee that a specific instructor, assistant, lifeguard or co-ordinator will facilitate the Lessons. Lessons are personal to the Customer (or, where applicable, the person you have booked lessons on behalf of) and cannot be assigned or otherwise transferred. Mer-Fin reserves the right to refuse Lessons to any Customer and/or to cancel the Customer’s future lessons indefinitely if Mer-Fin (acting reasonably) believe that the person attending Lessons is not the Customer (or, where applicable, the person you have booked lessons on behalf of).

Section 4 – Payment

Upon booking Lessons, the Customer is required to pay in advance the amount due in relation to the Lessons which are due to take place up to and including the end of the current calendar month or the current term (depending on the payment method being chosen by the Customer). Such payment can be made by card either via Swimphony or over the telephone.

Thereafter, Mer-Fin accepts payments via one of the following two methods:

Method 1 – Monthly in advance via direct debit

Monthly payments are calculated in accordance with how many Lessons are due to take place in the upcoming calendar month. For example, if four Lessons are due to take place in the upcoming calendar month, the payment due will be for four Lessons.

If the Customer chooses to pay for Lessons monthly in advance via direct debit, the Customer must set up a direct debit mandate via Swimphony as soon as reasonably practicable.

Following the setting up of a direct debit mandate, payments are requested automatically at the beginning of each month. The Customer must procure that it has sufficient funds in the relevant account to ensure a successful payment.

If the Customer does not have a direct debit mandate set up at any time that a payment is due to be requested, the Customer irrevocably consents to Mer-Fin processing payment of the outstanding amount via the Customer’s pre-authorised payment card details and Mer-Fin reserves the right to charge a reasonable administration fee for such processing. If the Customer’s direct debit payment fails for any reason, Mer-Fin reserves the right to charge a reasonable fee to the Customer (such fee not exceeding the fee charged to Mer-Fin in relation to such failed direct debit payment). The Customer irrevocably consents to Mer-Fin processing payment of such fee via the Customer’s pre-authorised payment card details in these circumstances and Mer-Fin reserves the right to charge a reasonable administration fee for such processing.

Method 2 – Termly in advance via debit/credit card payment

Termly payments are calculated in accordance with how many Lessons are due to take place in the current or upcoming term (depending on the time of booking/start date).

If the Customer chooses to pay for Lessons termly in advance via debit/credit card payment, the Customer must ensure that valid debit/credit card details are added to the Customer’s Swimphony account as soon as reasonably practicable and are kept valid and up-to-date at all times. The Customer irrevocably consents to Mer-Fin processing payments via the Customer’s pre-authorised payment card details and Mer-Fin reserves the right to charge a reasonable administration fee for such processing.

Regardless of the Customer’s chosen payment method, Mer-Fin reserves the right to refuse Lessons to any Customer and/or to cancel the Customer’s future Lessons immediately and indefinitely if the Customer has not paid for the relevant Lesson or has not complied with the payment provisions of these terms and conditions.

Payments for Lessons are due whether or not the Customer (or, where applicable, the person you have booked lessons on behalf of) attends the Lessons. No credit or refunds will be provided in circumstances where the Customer (or, where applicable, the person you have booked lessons on behalf of) does not attend the Lessons and Mer-Fin is not obliged to provide any alternative Lessons or catch-up Lessons.

Section 5 – Cancellation

To cancel your Lessons, the Customer must provide Mer-Fin with not less than 4 weeks’ written notice by email to admin@mer-finswim.com. Any Lessons which are due to take place during this notice period are still chargeable, whether or not attended, and payment for such Lessons shall be immediately due on the Customer giving notice. The Customer irrevocably consents to Mer-Fin processing payment of any outstanding amounts via the Customer’s pre-authorised payment card details in these circumstances and Mer-Fin reserves the right to charge a reasonable administration fee for such processing.

Where the Customer pays monthly in advance by direct debit, in the event that the Customer cancels their direct debit mandate, the Customer:

(i) is deemed to have provided notice to cancel their Lessons on the date which the Customer’s direct debit mandate is cancelled (save where a replacement direct debit mandate is created immediately following such cancellation); and
(ii) irrevocably consents to Mer-Fin processing payment of any outstanding amounts via the Customer’s pre-authorised payment card details and Mer-Fin reserves the right to charge a reasonable administration fee for such processing.

Where any refund becomes due to the Customer by reason of the Customer cancelling their lessons, the Customer must provide by email to admin@mer-finswim.com sufficient bank details to allow Mer- Fin to transfer the refund to the Customer by BACS as soon as reasonably practicable. Mer-Fin will use reasonable endeavours to pay the relevant refund to the bank details provided by the Customer as soon as reasonably practicable after receipt of the same. In all circumstances, Mer-Fin cannot accept responsibility or liability in the event that funds are transferred into an incorrect account where Mer-Fin has transferred funds to the account details Mer-Fin has received.

Mer-Fin reserves the right to charge a reasonable cancellation administration fee and the Customer irrevocably consents to Mer-Fin deducting and retaining the same from any refund due to the Customer. Whether a reasonable cancellation administration fee is charged shall be decided by Mer- Fin (at its absolute discretion) on a case-by-case basis.

Section 6 – Customer’s obligations

When attending Lessons, the Customer must (and the Customer shall procure that anyone that is not the Customer who is attending the Lesson with and/or on behalf of the Customer must):

(i) act in a manner which is appropriate to the setting and location of the Lessons; and
(ii) observe any rules and regulations made by Mer-Fin from time to time.

Mer-Fin reserves the right to prohibit anyone from attending Lessons where Mer-Fin (at its absolute discretion) believes that such person has failed to observe any rules and regulations made by Mer-Fin from time to time and/or has acted or might act in a manner which is inappropriate for the setting and location of the Lessons. The Customer irrevocably consents to Mer-Fin sharing as much of the Customer’s data as is reasonably necessary to whom it is reasonably necessary to share such data in relation to making any judgment as to whether rules and regulations made by Mer-Fin from time to time have been observed.

Where the person you have booked lessons on behalf of is below the age of 18, the Customer is fully responsible for that person at all times.

Mer-Fin will not accept any liability for articles lost, damaged or stolen.

Throughout the term of this contract, the Customer must give notice by email to admin@mer-finswim.com of anything relating to this contract which Mer-Fin ought reasonably to know about, including, but not limited to, changes to the medical circumstances of the Customer (or, where applicable, the person you have booked lessons on behalf of) and changes to the photograph consent preferences of the Customer. The Customer must also update any such information in their Swimphony online portal.

Section 7 – Limitation of liability

Mer-Fin does not exclude or limit in any way its liability to the Customer where it would be unlawful to do so. This includes, but is not limited to, liability for death or personal injury caused by Mer-Fin’s negligence or the negligence of Mer-Fin’s employees, agents or subcontractors, for fraud or fraudulent misrepresentation. These terms and conditions do not affect your statutory rights.

In the absence of any proven negligence, lack of due diligence or breach of duty by Mer-Fin or Mer-Fin’s employees, agents or subcontractors, the participation of the Customer (or, where applicable, the person you have booked lessons on behalf of) or persons in attendance with the Customer, is done so entirely at their own risk. Mer-Fin shall not be held liable for the actions of third parties and, therefore, excludes to the fullest extent possible by law, any liability arising from any act or omission of any third party.

Section 8 – Parking

Mer-Fin takes no responsibility or liability for damage caused to any vehicle using any car parking facilities available at the venues which Mer-Fin operate from and no guarantee is given as to the security of vehicles or any contents.

Section 9 – Notice

Any notices to be given to Mer-Fin pursuant to these terms and conditions must be sent by email to admin@mer-finswim.com.

Any notices to be given to the Customer pursuant to these terms and conditions must be sent by at least one of the contact methods (including email) entered into the Customer’s Swimphony account from time to time.

It is the responsibility of the Customer to ensure that their contact details up to date.

Section 10 – Third party rights, governing law and jurisdiction

Unless it expressly states otherwise, the contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.

The contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the contract or its subject matter or formation.