Terms and Conditions – Dance Course
These Terms and Conditions:
What these terms cover.
These are the terms and conditions on which we supply performing arts classes and courses (‘services’) to the person using our site to buy services from us (‘you’ or ‘your’).
Why you should read them.
Please read these terms carefully before you book a class or course with 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.
Information about us and how to contact us
Who we are.
We are Variety Box Arts Academy Ltd a company registered in England and Wales, with registration number 15653089 (‘we’, ‘us’ or ‘our’). Our registered office is 1st Floor Cromwell House, 14 Fulwood Place, London WC1V 6HZ. We are registered with the Information Commissioner’s Office, registration number [ ].
How to contact us.
You can contact us by emailing us at info.vbartsacademy@gmail.com or by telephoning us 07539285676 or by writing to us at [tbc as we moving].
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 booking.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
The contract.
These terms together with the enrolment form, comprise the contract between us for provision of the services. It is automatically assumed that once payment or part payment has been made by you, these terms have been accepted by you without amendment.
How we will accept your booking.
Our acceptance of your booking will take place when we email you to accept it (whether you have booked a class or course via our website or by telephone), at which point a contract will come into existence between you and us.
If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this in writing and refund any payment made by you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a class or course is oversubscribed or because we have identified that the type of class or course is not suitable for you.
Your booking number.
We will assign a booking number to your booking and tell you what it is when we accept your booking. It will help us if you can tell us the booking number whenever you contact us about your booking.
Your rights to make changes
We do not allow amendments to be made to bookings unless amendments are requested within 14 days of us having accepted your booking and you have not yet attended your class or the start of your course. If you wish to make a change to your booking during that time, 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 class or course, the change of timings and anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may end the contract and get a refund.
Our rights to make changes
Minor changes to the services. We may change any element of our classes or courses to reflect changes in relevant laws and regulatory requirements, for example, there may be a change in laws surrounding health and safety such that we need to change some of the content of our courses, and/or where necessary to accommodate the smooth operation of our business and portfolio of services.
More significant changes to the services and these terms. If we need to make more significant changes to the services, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any courses paid for but not provided.
Providing the services
We will deliver a class or course of classes on the date(s) agreed with you during the booking process.
We are not responsible for delays outside our control. We will always follow Government guidelines to allow, so far as is reasonably possible, a Coronavirus-free environment. If our supply of any 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 disruption. Provided we do this we will not be liable for delays caused by the event, but if the provision of any class or part of a course is delayed by more than 4 weeks, you may contact us using one of the methods set out in clause 2.2 to end the contract and receive a refund for any class or part of a course that you have paid for which has not been provided.
What will happen if you do not give required information to us?
We may need certain information from you so that we can assess whether we feel a class or course is right for you. We may contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 9.2 will apply). We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of the services to you.
We may have to suspend our classes or courses to deal with technical or organisational problems. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend any class or element of a course for longer than 4 weeks, you may contact us to end the contract. In that case, we will refund any sums you have paid in advance for the class or such part of a course which has not yet been attended.
We may also suspend services if you do not pay. If you do not pay us for the services when you are supposed to, and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you. As well as suspending the services we can also charge you interest on your overdue payments at the rate of 8% a year above the base lending rate of The Bank of England from time to time.
This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
Health and safety.
Whilst we will ensure that we provide a safe environment within which you can learn, attendance on any of our classes or courses is at your own risk entirely. Subject to clause 14, we accept no liability for accidents or illness incurred during your visit.
Cancelling a booking
When can you cancel.
As a consumer, for services bought over the phone, by exchange of emails or by using our online booking system, you have the right to change your mind within 14 days of us accepting your booking, without giving any reason (this is known as the cancellation period). This is further explained below. The cancellation period will expire after 14 days from the day that we accept your booking.
How to cancel.
To exercise the right to cancel during the 14 day period, you must contact us using one of the methods set out in clause 2.2, or you can use the model cancellation form at the end of these terms (although this is not obligatory). We would ask that you please let us know at least 48 hours prior to the date of your first class so that this space can be offered to others.
Using our services during the cancellation period.
You acknowledge that if you attend a class or start a course during the cancellation period, you will lose your right to cancel this contract even if the cancellation period has not expired and no refund shall be given for any part of a class or course yet to be provided.
This does not affect the rights you have if a class or course has not been provided to the required standard. A summary of these rights is provided at clause 11 below.
How to end the contract with us
Tell us you want to end the contract.
To end the contract with us at any time after the cancellation period, please let us know by contacting us using one of the methods set out in clause 2.2. If you are entitled to a refund under these terms we will refund you by the method you used for payment.
Failure to attend.
If you fail to attend a booked class for any reason, you will not be entitled to a refund, however, provided that you have given not less than 48 hours’ notice to us that you are unable to attend your class (whether this is a one-off class or part of a course) we will credit the missed class to your account and you may use this credit against your next booking provided that:
- in the case of a missed one-off class, your credit can only be used against a booking for a one-off class taking place within the next 8 weeks; and
- in the case of a missed class that is part of a course, your credit can only be used against a booking for a course in respect of the next term.
When your refund will be made.
We will make any refunds due to you within 14 days of receipt of any cancellation being made in accordance with clause 7.2 or us otherwise determining, in accordance with these terms, that a refund is due.
Our rights to end the contract
We may end the contract if you break it. We may cease providing the services at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- 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;
- you are offensive or threatening to our staff or attempt to cause any damage at or to any of our business premises or equipment.
You must compensate us if you break the contract.
- If we end the contract in the situations set out in clause 9.1 it shall be entirely at our discretion as to whether we provide a refund for any payments made where a class or part of a course has not yet been delivered.
- If there is a problem with the services
- If you have any questions or complaints about the services, please contact us using one of the methods set out in clause 2.2.
Your rights in respect of defective services
We are under a legal duty to supply services that are in conformity with this contract. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the class or course you have booked on to will start within this time, you may be charged for that class or part of the course. The Consumer Rights Act 2015 says:
You can ask us to repeat a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t provide it again.
- If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133. Nothing in these terms will affect your legal rights.
Price and payment
Where to find the price for the services.
The price of all classes and courses (which includes VAT) are listed on our website.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your booking date and the date we supply 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.
When you must pay and how you must pay. We accept payment through Stripe, our online system, or by way of bank transfer, cash or cheque. All classes or courses booked must be paid for in full at the time of booking. Please note, we will not accept responsibility if you make payment to an incorrect bank account because of a fraudulent notification without having taken suitable steps to verify its authenticity with us first. Please always include the booking number as a payment reference.
Gift vouchers
All gift vouchers shall be valid for a period of 12 months from the date of purchase. Gift vouchers cannot be exchanged for cash or refunded.
Our responsibility for loss or damage suffered by you
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 booking process.
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 as summarised at clause 11.1.
We are not liable for business losses. We only supply the services to you for domestic and private use. If you use the services for any commercial or business purpose we shall have no liability to you whatsoever under the contract.
How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find a link to our Privacy Policy on our website.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. You may not transfer your rights or obligations under these terms to another person.
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.
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.
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 and it will not 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.
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.
October 2024