Terms and Conditions of Swim Centre Wales Membership

Summary – Membership offers:  

  • Access to our online booking system for swim sessions
  • Clean and warm facilities available for up to 12 members per session
  • Exclusively for Adults
  • 10% discount on adult 1:1 swimming lessons
  • Free Century Swim T-Shirt on your 100th swim

Swim Centre Wales Membership is provided by Likeafish Swim School Limited.

These terms and conditions (“terms”) set out the agreement between Likeafish Swim School Limited (“us”, “we”, “our”) and you when you pay for a Membership with us. Swim Centre Wales facilities include our swimming pool and changing facilities at Parc Pensarn, Carmarthen. By continuing with your application and whenever you use our facilities, you confirm that you understand and accept all of the terms below and you will adhere to all pool rules. Acceptance of your application and any subsequent withdrawal of membership is at our absolute discretion.

By agreeing to these terms, you acknowledge and agree that in entering into this agreement you are not relying on any promise, assurance, statement, representation, warranty or understanding except as expressly provided in these terms.

Definitions and Interpretation

Commencement Date

Means the date on which your membership starts

Cut Off Date

Cut off Date refers to the last date that changes will be accepted to make changes to your next Direct Debit (“DD”)

Cooling Off Period

Means 14 calendar days from the date and time you purchase any goods or services from us online.

Data Protection Legislation

The General Data Protection Regulation, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003, as amended, replaced or superseded, and all other applicable laws and regulations relating to the processing of personal data and privacy together with any applicable guidance and/or codes of practice issued or endorsed by the Information Commissioner or relevant government department in relation to such legislation

DD

Direct debit

Exceptional Circumstances

Means significant illness (which precludes you from the use of our facility), significant injury (which precludes you from the use of our facility), loss of livelihood, change of principal place of work or home (where you could not reasonably be expected to use our facility) or any other circumstance you can evidence to our reasonable satisfaction to be exceptional and require early termination of your membership.

Likeafish Swim School Limited

Referred to as us within this document. Likeafish Swim School Limited also trading as Swim Centre Wales, is a limited company registered in England and Wales, whose registered office is at 6 Parc Starling, Johnstown Carmarthen SA31 3HX

Home Facility

The facility is our swimming pool at Parc Pensarn in Carmarthen.

Member

“you” – you are a valid member so long as you pay the fees that are due on time and you adhere to the terms and conditions and facility rules.

Fees

On-going or upfront amounts payable for membership due monthly on anniversary of joining date of preceding month.

Late Cancellation Charge

A charge made for cancellation made less than 2 hours before the swim start time

Membership

Membership is for access to Swim Centre Wales member swimming sessions.

Membership Portal

Where you can reserve swim sessions on a first come, first served basis.

No Show Charge

A charge made for failing to cancel a swim booking before the start time and not attending the centre for your swim.

Rules

Please read our “Pool rules” document and adhere to the rules when using the centre.

  1. Membership

1.1. You may be required to present proof of membership for validation on arrival. If you do not present relevant proof on request, you may be refused membership benefits on that occasion.

1.2. Your membership is non-transferable. You must not allow anyone else to impersonate you to claim member benefits, your membership will be cancelled without refund of any fees if we deem that this has taken place. No further or future applications for membership will be accepted for a minimum of 12 months. Future eligibility for membership will be reviewed at least annually upon request.

  1. Fees and Payment

2.1. All Fees paid in advance are non-refundable, unless the circumstances set out in cancellation provisions (clauses 2.3, 3.9, 5.6 or 5.7) apply

2.2. Unless in accordance with the suspension of membership or where a membership has been cancelled in accordance with these terms, your fees shall remain payable throughout the membership period irrespective of your use of the facility

2.3. We operate a cooling off period on all memberships purchased online. This means that if you change your mind and for any reason decide that you do not want to continue with your membership, you can notify us of your decision to cancel within 14 days of applying and we will not charge you. All fees paid in advance will be refunded, providing that you have not waived your right to cancellation by receiving membership benefits during this period.

2.4. You join us as a monthly prepaid member and you must pay by DD. You will be notified of the DD collection date at the time of joining

2.5. Monthly DD are a full binding contract between us and you and will automatically continue until you notify us otherwise in writing

2.6. Failure to make any due payment will initially result in the membership being suspended and admission will be denied until all outstanding payments have been made. We retain the right to recover all outstanding balances.

2.7. All membership prices are reviewed from time to time and at least once per calendar year. If your fees are paid by DD and are due to be changed, we will notify you at least 10 working days in advance by email.

  1. General Conditions of use

3.1. Use of our facility is subject to:

3.1.1. Your adherence to the facility rules.

3.1.2. The safe capacity of the facility

3.1.3. You wearing attire appropriate to the activity

3.2 In all cases, our interpretation of the rules and these terms will take precedence and the decision of our manager or his / her nominee is final and must be respected.

3.3 Our managers have the right to a) refuse admission b) ask you to leave the premises c) exclude you in the future from our facility at their absolute discretion.

3.4. Such action may be taken where you fail to observe any of these rules and conditions of use or where appropriate in the reasonable opinion of our manager.

3.5 If you are excluded from future use of our facility your membership will be terminated. You will not receive a refund of any fees paid for or in connection with your membership.

3.6. We may sometimes need to postpone, alter or cancel access temporarily or permanently at any time for any reason, including in response to customer feedback and/or to withdraw equipment and/or facilities for any reason including but not limited to maintenance, repair and alteration

3.7 We will, where reasonably possible, display notices in the facility advising you of the change at least 1 week beforehand.

3.8 We will not reduce or refund any fees because of or in response to such unavailability of facilities, whether or not this is due to the programming of activities and classes but if we make a significant change you may cancel your agreement in accordance with clause 5.

3.9 Lockers located at our facilities are for the use of members using the facility only and can be used under the following conditions:

3.9.1. You must not take locker keys off of the premises.

3.9.2 We have the right to gain access to any locker at any time if this is deemed necessary; We will empty all lockers each night and store any items found as lost property

3.9.3. You must not place any illegal goods or consumables, toxic, polluted or contaminated goods, flammable or hazardous goods, living plants or animals, food or perishable goods or waste in the lockers

3.9.4. Lockers are not to be used for valuable items. We accept no responsibility for the criminal activity of others and items left are done so at your own risk

3.10 Your health is your responsibility. Exercise carries it’s own risk, and you should therefore never exercise beyond your ability. If you have any doubts as to your fitness, or you have any medical conditions that may affect your safety through exercise, you should seek advice from your doctor before partaking in the activity.

When joining online, you made the following statement concerning your health:

I wish to embark on a programme of physical activity and confirm that I do not have any health conditions which may prevent or adversely affect my participation in the exercise programme and/or induction. If my health status changes, I will seek guidance and clearance to exercise from my General Practitioner or other relevant heath professional before participating any further in the physical activity.

3.12. You are not permitted to enter the facilities or partake in activities when under the influence of alcohol or illegal drugs.

3.13. You are not permitted to bring any animals into the facility with the exception of guide dogs. If you know you require the use of a guide dog when applying for membership or during your membership term, please inform us at that time.

3.14. You are not permitted to bring or use photographic or recording devices anywhere in our facility, nor are you permitted to use mobile telephones in the pool area or viewing area for the making and receiving of calls, or the taking of photographs, video footage or sound recordings. All notifications must be set to silent.

3.15. You are not permitted to smoke anywhere on the premises or in the immediate vicinity including the car park.

  1. Bookings Payments & Cancellations

4.1. Bookings & Payment Terms

4.1.1. You can join online, you can register and book online via www.swimcentre.wales

4.1.2. All bookings must be made in the name of a specified member. Bookings are not transferable between customers

4.1.3 You must book each swim through the member portal, this allows us to limit numbers to a maximum of 12 swimmers per session. If you cannot attend you must cancel your booking to allow another member to choose the slot.

4.2. The following BOOKING CANCELLATION TERMS apply:

4.2.1. You must cancel online, through the member portal.

4.2.2. The late cancellation charge and the no show charge are chargeable where the cancellation conditions set out below are not met. Each of these charges is currently £6.50, but is subject to review from time to time

4.2.3. Any late cancellation and no show charges will be noted on your membership record and your ability to use our facility or make further bookings will be blocked if you persistently fail to attend booked sessions.

4.2.4.

Time Cancellation made by Member

Paid for activity

Included activity

Early Cancellation – cancellation made 2 hours or more before the activity start time

No refund due

No charge

Late Cancellation – cancellation made less than 2 hours before the activity start time

No refund due

Late Cancellation Charge

No Cancellation / No Show

No refund due

No Show Charge

4.3. Facility Rules

You must comply with all our facility rules at all times. Rules are available to view at the facility or online.

  1. Making changes to your membership

5.1. You should ensure that your membership details are kept up to date. Please notify us of any change by email.

5.2. You will be asked to create a user name and password to manage your account information. It is your responsibility to keep these safe.

5.3. Should you wish to change your bank details please contact the office in person.

5.4. If you ask our staff to update the details of your membership or a membership for which you pay, including bank account details, you will be required to provide proof of your identity before any changes can be made.

5.5. Any requests for refunds will be dealt with in line with our refund policy.

5.6 Failure to pay the monthly fee for a membership will be deemed to be a cancellation of your membership and the cancellation terms will apply.

5.6 You may cancel your monthly prepaid membership with us by providing us with 2 weeks notice.

5.7. We understand that you may wish to consider cancelling if we make significant changes to the swim times covered by the membership, which includes any price increases affecting your membership. Where we are unable to give you one month’s prior indication of any price increase and you wish to cancel as a result of this change you may do so by giving us written notice of less than one month and your responsibility to pay fees will continue until the date immediately prior to the date on which the increase takes effect.

  1. Data Protection

6.1. As the ‘controllers’ of the ‘personal data’ we hold about you we uphold your data rights, including your right to access your data and to ask for it to be rectified, erased or its use to be restricted, by complying with all relevant Data Protection Legislation.

6.2 We process the personal data collected in your membership application in order to i) provide membership services to you ii) for the management and administration of your membership, or iii) a purpose in connection with the use of our facility. We process the information in i) and ii) on the legal basis of it being necessary for your membership contract and in iii) on the basis of legitimate interest. Where we collect ethnicity data we process this on the basis that the processing is necessary for i) the performance of tasks carried out in the public interest; and ii) necessary for reasons of substantial public interest. For further details on how and why we process this and other data for other purposes please refer to the Privacy Notice which can be found on our website 

  1. Responsibilities – Our responsibility to you

7.1. We want you to enjoy peace of mind with your membership and your wellbeing is of key importance. We will compensate you for any foreseeable loss or damage you may suffer if we fail to carry out our obligations under these terms or to a reasonable standard, or if we breach any duties imposed upon us by law (including if we or our employees, sub-contractors or agents cause death or personal injury to you by Our negligence) unless that failure is attributable to:

7.1.1. your own fault;

7.1.2. a third party unconnected with our provision of the facilities; or

7.1.3. events which we could not have foreseen or prevented even if we had taken all reasonable care

7.2. We shall not be liable for any damage to, loss, or theft of personal property belonging to you at our facilities including from lockers, except to the extent that any such loss, damage or theft of personal property is as a result of our negligent action or omission, in which case our liability to compensate you shall be limited to a reasonable amount.

Your responsibility to us

7.3. By using any facility, you are deemed to be fit and able to participate in the activity offered. Please refer to clause 3.11 for full details

7.4. Where you are taking part in any physical activity You are responsible for monitoring your own physical condition throughout your use of our facility. In the event of any unusual symptoms occurring, you should inform a member of staff immediately

7.5. You must use the equipment and facilities in the correct manner according to instructions; you must not use the same in any manner which constitutes a health and safety risk either to yourself or to others. We are not responsible for any injury or loss you suffer as a consequence of misuse of any equipment, or of any health condition that you may have (except where our negligence causes personal injury)

7.6 You must not use membership to teach swimming to other members. All swimming lessons must be booked through the centre at specific times with suitably qualified and vetted staff. We reserve the right to withdraw membership of any member who engages as a customer or teacher with another member if we deem them to be teaching or coaching.

7.7 All members must be 18 at the time that they apply to join. No under 18s are allowed in adult sessions.

  1. Car Parking

8.1. There is limited car parking available to you at the Swim Centre. You may use such spaces only when using the facility and there is no guarantee that a space will be available.

8.2. We accept no liability for any loss or damage which may result from your use of the car parking facilities. All such use is at your own risk

8.3. Membership does not guarantee the availability of a parking space. Spaces are available on a first come first served basis

8.4. The car park terms and conditions as displayed shall apply

  1. General

9.1. These terms may be reviewed and/or altered at any time. We will use reasonable endeavours to inform members of material or significant changes to the terms as far in advance as possible with notice of any significant change such as the temporary closure of a facility or change to fees. Notices will be displayed in the facilities and, where you have provided an email address, this will be used as the primary method of contact for such notice

9.2. We reserve the right to reject any application for membership at our absolute discretion or withdraw any membership if you fail to comply with these terms and/or our facility conditions. Refunds will not be given where the member is in breach of these terms

9.3. These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales

9.4. If any court or competent authority finds that any provision contained in these terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms shall not be affected

9.5. No failure by us to enforce any provision in these terms shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these terms. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver

9.6. A person who is not a party to these terms shall not have any rights under or in connection with them

Swim Centre Wales is a registered trademark and trading name of Likeafish Swim School limited company no. 07541912. Registered office: 6 Parc Starling, Johnstown Carmarthen SA31 3HX Last update: 12/02/21