Online Booking – Terms and Conditions

Participant Terms These Terms and Conditions are entered into between You, the Provider(s) and OCRA. You confirm that you have parental responsibility for the Participant and that You will be bound by these Terms and Conditions.

1. Definitions

In these Terms and Conditions the following terms have the following meanings:

“Booking” means any contract for the provision of OCRA activities to the Participant which You make through the Website and in accordance with these Terms and Conditions;

“Booking Fee” means the fee given on the activity Information Page, per Participant, for a Participant to attend OCRA activities (which includes a transaction fee and a booking fee);

“OCRA Website” means the system, made available by OCRA, for the promotion, booking and administration of the OCRA activities, and the Provider(s) activities through which You may review, select and apply to make the Booking;

“Information Page ” means the relevant page of he Website which lists the specific details of each offering (in each case by the Provider(s) or the Venue, on behalf of the Provider(s) of OCRA activities (for example, the name and contact details of the relevant Provider(s) and/or Venue and the dates, times and locations of the OCRA activities);

“OCRA” means Okehampton Community and Recreation Association, Registered Charity no. 1011839, Pavilion in the Park, Okehampton College, Mill Road, Okehampton, Devon. EX20 1GE.

“the Participant ” means the child booked on to the OCRA activities by You;

“Provider(s)” means the qualified coach or third party organisation who is providing the OCRA activities, as stated within the applicable part of the Website, as selected by You;

“OCRA activities ” means the activity/coaching sessions as advertised by the Provider(s) through the Website (and in each case as more particularly described within an Information Page), and as selected by You as part of the Booking;

“Activity Registration ” means Your registration for OCRA activities on the OCRA Website, in order to view and, at your choosing from time to time, make Bookings for the OCRA activities which may be advertised on the OCRA Website from time to time;

“Venue ” means the owner and/or operator (as applicable) of the tennis club, court or other venue where the OCRA activities will be provided;

“Venue Terms” means the terms and conditions,if any, governing the Venue’s hosting of OCRA activities at its premises, a copy of which shall be available to You before You complete a Booking (if applicable);

“the Website ” means the website available at ocrasport.org.uk;

“You” means you, the user of the Website and the parent / guardian of the Participant, and “ Your” shall be construed accordingly.

2. Terms and Conditions

2.1 Any person wishing to make a Booking for OCRA activities through the Website must accept these terms and conditions with the Provider(s) and OCRA.

These terms and conditions shall apply to the provision of OCRA activities to the Participant booked by You through the Website and, if You make a Booking, the relevant details listed in the Information Page and any applicable Venue Terms (which shall if so applicable also apply) to the exclusion of all other terms and conditions.

2.2 The OCRA Website and each of its constituent modules (as applicable) are licensed directly to You by OCRA and not the Provider(s), and it is OCRA which facilitates transactions between You and any Provider(s), and, if applicable, facilitates payments on behalf of the Provider(s).

2.4 By ticking the terms a nd conditions box as part of Your Booking of OCRA activities via the Website, You acknowledge that You have read, understand and accept these terms and conditions. For the avoidance of doubt, the completion of Your OCRA activities Registration constitutes your acknowledgement of and agreement to these terms and conditions. Your agreement to and acceptance of the details listed on any relevant Information Page shall incorporate these terms and conditions by reference.

3. Licence to use the OCRA Website

3.1 You must provide true, complete and accurate information when booking OCRA activities via the Website. You authorise OCRA to use such information to verify Your information. OCRA reserves the right to reject registration and Bookings at its reasonable discretion.

3.2 OCRA grants You a limited, non – transferable licence to make use of the booking and administrative modules of the Website for the purposes of concluding Bookings with the Provider(s) for the provision of OCRA activities and (where applicable) administering those Bookings once You have booked them.

4. Information on OCRA activities

4.1 OCRA grants You a limited, non – transferable licence to make use of the Website for the purposes of viewing such information about OCRA activities (including Information Pages).

4.2 The Provider(s) shall present You with certain information (including practical information about your Booking) relating to the sup ply of its OCRA activities Course. This information is normally set out in the relevant Information Page but please contact the Provider(s) directly if you feel that any of this information is missing or has been inadequately provided.

5. Bookings for OCRA activities

5.1 The Booking of the OCRA activities Course is made by You directly with the Provider(s). OCRA and in some instances, the Venue (through their OCRA Website account), facilitates the Booking between You and any Provider(s) by means of the Website but neither OCRA, nor the Venue is the recipient or Provider(s) of any service offered and/or made available by any Provider(s) through the Website. Notwithstanding conclusion of contracts between You and any Provider(s) by means of the Website, OCRA (and where applicable, the Venue) acts as limited agent for You to conclude the contract with the Provider(s) and enforcement of any contractual obligation relating to the provision of any OCRA activities is the exclusive responsibility of You and the Provider(s) concerned.

5.2 In some instances, the Venue will be acting as the Provider(s)’s agent in processing Your Booking, in which case the Provider(s) shall be liable for the Venue’s actions and omissions in connectio n to the processing of Your Booking as if they were the Provider(s)’s own actions and omissions. You acknowledge and agree that Your Booking is with the Provider(s), notwithstanding the Venue’s involvement in processing the Booking.

5.3 The Provider(s) shall be responsible for securing the use of the Venue at which to host their provision of the OCRA activities Course. Bookings shall in addition be subject to, if applicable, the Venue Terms of the Venue in question.

5.4 Only children who are new to tenni s and who are between the ages of 4 and 11 (inclusive) on the first day that the particular OCRA activity is due to start are entitled to book on to a OCRA activities Course . New to tennis means that the child has never played tennis or only played a few times and is not a member of a tennis club and/or has not attended or is not attending a regular tennis programme.

5.5 Participants may be booked on to more than one OCRA activity, but should not book multiple times onto the same activity (same session, same date/time). Should a Participant do so, the Provider(s) has the right to cancel one or more of the places booked for the Participant.

5.6 The Provider(s) shall provide the OCRA activity to the Participant in a professional and high quality manner, with all due skill and care, and in accordance with all applicable OCRA policies and procedures in place from time to time. 5.7 Participants who make a Booking and do not cancel their Booking will be entitled to a tennis racket and certain tennis clothing which will be dispatched to the stated address. You may be given the option to provide preferences for sizes but the Provider(s) is not obliged to meet those preferences. The Provider(s) (or its agent) shall use reasonable endeavours to deliver the racket and clothing within 1 5 working days of the Booking being made. No returns and/or exchanges of the racket or clothing are permitted.

6. Booking mechanics

6.1 You must make Your order for the Booking via the Website. The Provider(s)’s acceptance of Your order for the Booking will take place when You receive an email from the Provider(s) (facilitated by OCRA) confirming your Booking, at which point this contract will come into existence between You and the Provider(s).

6.2 If the Provider(s) cannot accept the Booking, it will inform You of this in writing and will not charge you the Booking Fee.

6.3 Payment of the Booking Fee must be made via the Website.

6.4 The Booking contract shall consist of these terms and conditions, the email OCRA sends You on behalf of the Provider(s) confirming acceptance of Your offer, the applicable details within the relevant Information Page provided by the Provider(s) and the Venue Terms, if applicable .

6.5 For the avoidance of doubt, You may only make Bookings for OCRA activities for the Participants where you have parental responsibility for them. You agree to be bound by these Terms and Conditions.

7. Cancellation

7.1 You will receive a refund of the Booking Fee (except for the transaction fee and booking fee (which may change from time to time, such amounts being communicated to you) ) if you cancel your Booking within 48 hours of You making your Booking on the OCRA Website but before the time that the first session of your OCRA activities course was due to start.

7.2 Except as set out in paragraph 7.1 above, the Booking Fee is non-refundable in the event of Your cancellation of the Booking.

7.3 However, if You wish to cancel your Booking, we ask that You must cancel the Booking via the “My Bookings” page on the OCRA Website, as soon as possible after making the Booking, to allow the Provider(s) to offer the OCRA activities to others.

7. 4 OCRA activities sessions may be postponed due to bad weather or other reasons beyond the control of the Provider(s) (in which case no re fund will be available) .

7.5 The Provider(s) will use best endeavours to honour the dates provided in Your Booking. However, if, for any reason, the Provider(s) cancels the Booking or is required to change the dates of your Booking and You are unable (or do no t wish to accept) the new dates, the Provider(s) will offer You a refund of the Booking Fee ( except for the transaction fee and booking fee ) .

8. Limitation of liability 8.1 You acknowledge and agree that the Provider(s) uses the OCRA Website and the Website merely to facilitate the booking of OCRA activities online and that neither the OCRA nor OCRA is in any way responsible for the management, organisation or running of, or any health and safety issues in connection with, any OCRA activities or any of the Provider(s) ’ s other offerings or facilities advertised through the Website or the OCRA Website. 8.2 So far as is reasonably practicable, the Website is made available by OCRA on a 24 hour, 7 day basis. As it is technically impossible to provide a fault – free uninterrupted service, the Website is provided ‘ as is ’ and ‘as available’ without warranties of any kind, express or implied (other than warranties not capable of exclusion as a matter of law). Whilst OCRA will use reasonable efforts to ensure that the Website booking facility is available at all times, to keep unavoidable interruptions to a minimum and to give notice at log – in of anticipated interruptions, there will inevitably be times when it is unavailable.

8.3 Notwithstanding anything else contained in this Agreement, OCRA shall not be liable to You or the Participant for:

(i) loss of profits or contracts or goodwill or statutory penalties or indirect or consequential loss, whether arising from negligence, breach of contract or howsoever caused;

(ii) any and all costs related to the procurement of any substitute service(s);

(iii) third party claims of any kind; or (iv) any loss or damage arising from Your failure to use the Website strictly in accordance with the terms of this Agreement.

8.4 OCRA does not exclude liability for death or personal injury caused by its negligence.

8.5 The Provider(s) is responsible for loss or damage You or the Participant suffers that is a foreseeable result of the Provider(s)’s breach of this contract or its failing to use reasonable care and skill.

9. Data Protection Act 1998

9.1 Each of the Provider(s) and OCRA confirms that it will process Your and the Participant ’ s personal data in accordance with the Data Protection Act 1998 (and the General Data Protection Regulation, which shall superseded the Data Protection Act with effect from 25 May 2018). You agree that the OCRA, the Venue, OCRA and the Provider(s) may process Your and the Participant’ s personal data to provide the OCRA Website, process the Booking and provide the OCRA activities (as applicable) and for any other purpose You agree to.

10. General

10.1 Force Majeure. Neither the Provider(s) nor OCRA shall be liable for any failure to fulfil its obligations caused by circumstances beyond its reasonable control, including any period during which access to the Website is suspended, provided that such party has made reasonable efforts to fulfil its obligations under this Agreement.

10.2 Entire Agreement. These terms and conditions, and the Information Page set out the whole of the Provider(s)’s and OCRA’ agreement relating to Your Booking in respect of the provision of the OCRA activities by the Provider(s). Nothing said by any person on the Provider(s)’s behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods/services offered by the Provider(s). Except for fraud or fraudulent misrepresentation, neither the Provider(s) nor OCRA shall have any liability for any such representation being untrue or misleading.

10.3 Variation. The Provider(s) and OCRA shall have the right to modify the terms of this Agreement at any time by service of not less than 30 days’ notice on You and, if you continue to use the service, you will be deemed to have accepted any such modification.

10.4 Severance & Waiver. In the event that any provision of this Agreement is held to be illegal, invalid, void or unenforceable, it shall be severed from the remaining provisions of this Agreement which shall continue in full force and effect. Failure or neglect by either party to enforce any provision of this Agreement shall not be construed nor shall be deemed to be a waiver of a party’s rights under this Agreement and shall not prejudice that party’s rights to take subsequent action.

10.5 Assignment. You shall not, without the prior written consent of the OCRA and OCRA, assign, sub-license, sub-contract or otherwise transfer to any third party any of its rights or obligations under this Agreement.

10.6 Third Party Rights. Each party agrees that no term of this Agreement will be enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1 999.

10.7 Governing Law and Jurisdiction. These terms and conditions are subject to the laws of England and Wales and You, OCRA and the Provider(s) irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales. 10.8 Validity of terms . If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.

10.9 Contacting OCRA . If you need to contact OCRA about these terms and conditions or the service provided through the Website you may do so by post using the address above or by email using this address: admin@ocrasport.org.uk

Contacting the Provider(s)

If you need to contact the Provider(s) about these terms and conditions or the Booking, you may contact the Provider(s) using the details provided on the Information Page.