Sports Village Terms & Conditions
These are the Terms and Conditions which apply to any contract between you and Polyfield Property Limited (“Polyfield”) (which operates the Centre as defined below) for the sale of Memberships and any Activities (“Contract”), and which come into force upon acceptance of your Membership application or request to book an Activity by Polyfield.
These Terms and Conditions and any Contract between you and us, are only in the English language. You should print, save to your computer and/or keep a copy of these Terms and Conditions for future reference.
IMPORTANT: By submitting an application for Membership or booking an Activity, you confirm that you understand and agree to these Terms and Conditions.
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Definitions
- “Activity or Activities” means the additional classes, courses, courts or sessions which Members can book, subject to availability and payment of the Activity Fee, in-person, by phone or using our online booking system available on the Website.
- “Activity Fee” means the additional fee which applies to Activities, not included in the Fee, as notified by Polyfield to Members via Sports Village pricing literature or the online booking system on the Website.
- “Associated College” means Oaklands College, North Hertfordshire College, West Herts College, Hertford Regional College or The Royal Veterinary College.
- “Athletic Union” means the body responsible for the management and development of student sports clubs at the University (“AU”).
- “AU Membership” means valid membership of the AU (and “AU Member” shall be construed accordingly).
- “Centre” means Hertfordshire Sports Village (including the pool, gym, climbing wall, changing rooms, outdoor sports fields, surrounding land and other sports facilities) and such other facility on the University Campus as might be available for use by you, which are operated and managed by Polyfield at de Havilland Campus, Hatfield Business Park, Hatfield, AL10 9EU.
- “Centre Membership” means valid membership of the Centre (and “Centre Member” shall be construed accordingly), which, for the avoidance of doubt, shall include any saver card holders.
- “Fee” means the monthly, annual or administration Membership Fee payable for Centre Membership, as appropriate, at the rate notified by Polyfield to the prospective Member at the time of their application for Membership or subsequent renewal and as further described on the Website.
- “Member” means an individual who holds a valid Membership as defined on their website or in their Membership literature.
- “Membership” means Centre Membership.
- “Membership Category” means the different categories of Membership available and the Membership types within those categories as detailed on our Website. Different charges apply depending on what category and type of Membership a Member has.
- “Online Membership Account” means each Member’s individual online account accessible via our password protected Website. This account contains Membership details, Activity booking details and booking and payment history.
- “Polyfield” means Polyfield Property Limited, a company registered in England and Wales under company number 02509937 whose registered office is at University of Hertfordshire Higher Education Corporation, College Lane, Hatfield, Hertfordshire, AL10 9AB (and “we”, “our” and “us” shall be construed accordingly). Our VAT number is 540243875.
- “Rules” means the rules regulating the operation of equipment, opening hours and behaviour in the Centre specified in any signs or notices displayed in the Centre or in any code of conduct or other document relevant to the use of the Centre.
- “Student” means anyone that is currently enrolled on a course of study at the University or an Associated College.
- “University” means the University of Hertfordshire Higher Education Corporation.
- “Website” shall mean www.hertssportsvillage.co.uk or any other website through which Polyfield provides information about the Centre as notified to Members by Polyfield from time to time.
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Membership
- Proof of age, identification and status as a Student (where Student membership is being applied for) is required when joining. We reserve the right to require further information relevant to your application.
- All Members must provide all documentation required in the Membership application form. Being accepted as a Member is dependent on satisfactory completion of an induction programme. It is not permissible for some equipment or facilities at the Centre to be used until the relevant induction programme has been satisfactorily completed.
- An application for Membership (or renewal) shall be deemed to have been accepted when we confirm that a prospective or renewing Member may make bookings in accordance with clause 6 below and this will be known as the Member’s “start date”. When applying for or renewing Membership online, this date will be confirmed to a Member by us by e-mail in accordance with clause 3 below.
- Following payment of the Fee and acceptance of all relevant Membership documentation by us and evidence that all required inductions have been arranged, a key fob will be issued to a Member to allow access rights to the Centre or where UH Student membership has been applied for the membership will be assigned to the Student ID card. If keys fobs are lost/stolen or key fobs or are forgotten or damaged there will be a £1 charge for each entry to any part of the Centre until the key fob is located or replaced. Replacement key fobs are available upon request subject to availability and the payment of a £5 replacement charge per key fob. If the Student ID card is lost/stolen or are forgotten, then no entry will be allowed Replacement Student ID cards can be purchased from the ID office during opening hours. All lost ID cards incur a £20 fine to replace.
- For all Members, the Membership term runs continuously from the date that their key fob is issued or the date their membership is assigned to their Student ID card or fourteen (14) days after their start date (whichever is the sooner) until a date determined by the Category of Membership. Once the Membership has been accepted by us, this date will be entered by us in the Membership application form or confirmed in the Members Online Membership Account for Members who applied online.
- Membership entitles Members to the access and benefits associated with the Membership level purchased and the Membership category to which they belong. Members must also pay any applicable Activity Fee.
- The applicable Fee or Activity Fee shall be payable in advance as a single one-‐off payment, to be made by cash, cheque, credit or debit card. The Centre reserves the right to stop accepting payment by cheque on reasonable notice. By applying for any Membership(s) or booking any Activities online you authorise us to obtain payment of the charges applicable to such Membership(s) or Activities.
- We reserve the right, in our sole discretion, to charge interest at 2% over the current base rate of Barclays Bank Plc on all outstanding sums due and owing to us by a Member.
- All Fees and Activity Fees include VAT (where applicable) at the current rate chargeable in the UK for the time being.
- Failure to settle outstanding payments or fines on your Membership account will result in your access to the Centre being suspended until all outstanding payments have been made.
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Applying for Memberships and booking Activities online
- To book an Activity online you will need to access your Online Membership Account, then ensure that you are logged in by entering your Membership password and click on the relevant Activity you wish to book.
- To apply for or renew Membership(s), please access our Website and click on the Membership(s) Category you wish to purchase or renew. You will then be asked to sign up to or log into your Online Membership Account.
- The online application process for Membership(s) and online booking process for Activities allow you to check and amend any errors before submitting your application or booking (as applicable) to us. Please take the time to read and check your application or booking at each page of the process.
- Memberships: after you submit an online application for Membership, you will receive an e‐mail from us confirming that your application for Membership has been received. However, please note that this does not mean that your application has been accepted. If you are applying for a junior, corporate, alumni or Student Membership you will be required to provide proof of age, employer, alumni or Student status, prior to having your application for Membership accepted. If you are applying for a Membership Category which includes use of the gym facilities or the climbing wall at the Centre you will be required, at our sole discretion, to undertake an induction process prior to having your application for Membership accepted. Inductions can be booked in person or by phone. Renewing Members may be required to complete another induction if changes to the Services have taken place since the renewing Member’s previous induction. Upon satisfactory completion of your induction we will confirm our acceptance of your application either by telling you this in person after your induction or by sending you an e‐mail that confirms that you may make bookings in accordance with clause 6 (“Membership Confirmation”). The Contract between you and us will only be formed when we confirm your Membership.
- Activities: after you request a booking online for an Activity, we will confirm whether your booking has been accepted by e-mail.
- If we are unable to process your application for Membership or an Activity booking, for example because we do not have suitable availability, we will inform you by e‐mail and will not process your application or booking. If you have already paid for the relevant Membership or Activity, we will refund you the full amount as soon as reasonably possible via the same means you used to pay us.
- If we discover an error in a price after you have submitted an application or booking, we will inform you of this error and give you the option of continuing to purchase the relevant Membership or Activity at the correct price or cancelling your application or booking. If we are unable to contact you using the contact details you provided during the application or booking process, we will treat the relevant application or booking as cancelled, notify you in writing by e‐mail and refund you the full amount as soon as reasonably possible via the same means you used to pay us. Please note that if a pricing error is obvious and unmistakeable, we reserve the right, at our sole discretion, not to have to provide the relevant Membership or Activity to you at the incorrect price.
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Use of the Centre
- Use of the gym facilities or climbing wall at the Centre is only for Members who have completed an induction with Polyfield staff.
- Throughout the ongoing term of their Membership all Members are required to disclose any medical conditions (including both physical and mental impairments) which they have, or they subsequently develop, which may be relevant to their use of the facilities at the Centre, including those which may require additional staff support. For certain medical conditions and in the interest of the health and safety of Members, staff and its visitors, Polyfield may require Members to provide a letter from their GP, physiotherapist or other specified medical professional before access to the Centre (or any part of it) is granted by Polyfield. In the interests of the health, safety and welfare of themselves, Members and/or visitors to the Centre, our staff have the sole discretion to prevent anyone, including Members, from accessing the Centre or any of our facilities, or to request that they leave the Centre or any of our facilities.
- All Members are required to sign a health commitment statement setting out what Polyfield, and our staff, Members and visitors can reasonably expect from each other in relation to the health of our Members, at the time of their Membership application. A copy of this health commitment statement is available on our Website or from the Centre. For health, safety and wellbeing reasons, failure to complete a health commitment statement must result in an application for Membership being declined by us, in our sole discretion.
- Before starting any exercise programme, if you have any doubts about your fitness or capability to undertake physical exercise, we recommend that you take independent medical advice.
- You acknowledge that we will hold personal data about you, including some sensitive personal data. You consent to us using this data to administer Memberships, to help maintain the health, safety and welfare of our staff, Members and visitors, to provide you with relevant information about the Centre, to assist in training our staff, to detect and prevent crime and to collect debts, in accordance with our GDPR procedure, which is available from the Centre.
- As a Member you agree to abide by the Rules, including all health and safety information displayed in the Centre. We may make reasonable changes to these Rules as detailed in clause 12.1 below.
- We encourage and welcome Membership applications from those with disabilities and other medical conditions. You are required to disclose any disabilities or medical conditions at the time of your application for Membership and subsequently throughout the term of your Membership and we request that you complete the health commitment statement referred to above and adhere to the ongoing obligation to disclose referred to in clause 4.2. This information will be held by us for the purposes of planning, support, training and data monitoring. We will make, as far as it is reasonably practicable and subject to the law, reasonable adjustments for Members with disabilities or other medical conditions.
- All customers participating in sports bookings are required to wear appropriate sports clothing and footwear for the activity they are participating in. Staff may approach customers who are dressed incorrectly and inform them of HSV policy. Participants whose unsuitable clothing may put themselves or others at an unnecessary risk will be asked to either change or to cease participation in the activity.
- Members on our community memberships or All Inclusive student memberships are entitled to book free off-peak courts for racquet sports. These must be booked online (one court per sport, per person, per day). These cannot be used for any commercial business (members are not permitted to then pay an external coach to teach/coach themselves or their children). Anyone found to be misusing the benefits of their membership will have their membership terminated immediately.
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Membership Alterations
- Members can upgrade or downgrade their Membership (as further described on the Website) in accordance with the Membership payment types available from time to time. All such Membership alterations are subject to a £10 administration fee and payment of any difference between the Fee paid for the original Membership Category and the Fee required for the new Membership Category in respect of the unexpired portion of the original Membership term. Any Membership purchased as part of a promotional offer cannot be upgraded without our express written consent. AU Members may transfer to a different sports club operated by the Athletic Union free of charge at any time up to 4 weeks after their start date. Any requests to transfer to a different sports club thereafter will incur a £10 administration fee payable by the transferring Member.
- Only the primary account holder of a group membership can make any changes to the group membership and this must be in writing. To change a member who is part of a group membership there is a £10 fee per change to cover administration costs.
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Bookings
- Some Activities require prior booking before participation. The Website will state which Activities may require prior booking. Failure to book for such Activities may result in participation being denied.
- Bookings for group exercise classes and other sports courts or Activities may be made up to seven (7) days in advance of the Activity. All classes have a set capacity and are booked on a ‘first come first served’ basis.
- The fee payable in respect of any Activity booking shall be the Activity Fee. All bookings are non-‐transferable without our express written consent.
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Activity Booking Cancellation
- In order to not incur a liability to pay an Activity Fee, you must cancel any Activity booking that you have made but will be unable to fulfil at least twenty four (24) hours in advance of the scheduled start time of the relevant Activity. Where an Activity Fee has been paid for an Activity and it is subsequently cancelled at least twenty four (24) hours in advance of the scheduled start time of the Activity, refunds will be made to the same source of payment as originally used to book the Activity.
- Activity cancellation requests must be made to the main Centre reception or to the gym reception or by telephone to 01707 284466/01707 281182, or such other number as Polyfield may publish from time to time. Activity bookings cancelled online via your Online Membership Account will not be acknowledged by us.
- Your failure to attend any booked Activity (without providing notice of cancellation in accordance with clauses 6.4(a) and 6.4(b) above) will incur a dishonour charge (equivalent to the relevant non-Member Activity Fee described in clause 1.2 above and as further described on the Website) of the missed Activity or forfeiture of any Activity Fee paid for the session. You will then not be permitted to book onto another Activity until any fine levied has been paid in full.
- You must personally attend all bookings you make. You must not book Activities for other people.
- You can only book one court at any one time and are not permitted to book multiple courts at the same time. This does not apply to Members where we have agreed a block booking for a minimum of 30 weeks.
- If the membership entitles the member to receive free off peak courts then each member is only allow to book one of each court type (Badminton, Squash or Tennis) per day.
- You must bring your key fob or Student ID card on each visit to the Centre otherwise you will be liable to pay a £1 administration charge or denied entry as detailed in clause 2.4 above.
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Cooling off period
- Once you have had your application for Membership accepted by us you will generally be able to withdraw from your Contract with us within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from the date on which your application for Membership was accepted by us, which is the date on which your Contract with us started.
- To exercise your right to withdraw, you must inform us of your decision to withdraw before the end of the cancellation period, by way of a clear statement, which may be made by any convenient method, including email to access an online version of a pro-forma cancellation form. You may use the pro-forma cancellation form if you wish but you may also inform us of your cancellation by other means, as long as your cancellation is clearly stated. If you use this pro-forma and submit it via the Website we will acknowledge it by e-mail.
- If you withdraw from your Contract with us in this way, we will, subject to clause 7.4 below, reimburse you any payments received from you under the Contract. We will make the reimbursement without undue delay and within fourteen (14) days of the date of receipt of your notification of cancellation where possible. We will make the reimbursement using the same means of payment as you used to pay us.
- You should be aware that by asking us to allow you to start attending the Centre or booking and attending an Activity, before the expiry of your fourteen (14) day cancellation period, you may be required to pay us a proportionate amount in comparison with the full Fee for your Membership Category. This is only until you have communicated to us your wish to withdraw from your Contract with us. By attending the Centre or booking and attending an Activity within the fourteen (14) day cancellation period you are considered to have expressly consented to the commencement of your Membership and your use of the Centre and our facilities within the cancellation period.
- The right to cancel is a statutory right under the United Kingdom’s Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- Your statutory right of cancellation does not affect your right to withdraw from your Contract with us at other times, subject to any on-‐ going obligations you may have to us as a result of your Membership.
- We will acknowledge receipt of your request to cancel without undue delay.
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Cancellation of Memberships by you
- The terms of this clause 8 are subject to your statutory right to cancel set out in clause 7.
- After the expiry of the cancellation period set out in clause 7.1 above, all Memberships are non‐refundable except in the circumstances outlined in clauses 8.3 and 8.4 below.
- You may cancel your Membership immediately upon written notice to us if you are unable to use your Membership due to serious illness or injury likely to preclude you from using the Centre for a period of at least two (2) calendar months. Polyfield may request reasonable evidence of your illness or injury (e.g. a note from an authorised health professional).
- You may cancel your Membership by giving us written notice if:
- we change the location of the Centre to more than one (1) mile away from its original location;
- we close the Centre for refurbishment for a continuous period of more than four (4) weeks at a time; or
- we significantly change these Terms and Conditions to your detriment including, but not limited to, if we significantly reduce the facilities or opening hours of the Centre.
We will use our reasonable endeavours to give you at least forty five (45) days’ notice of the changes referred to in this clause 8.4, either in writing or by prominently displaying a sign at the Centre reception and/or on the Website. If you terminate your Membership (in accordance with the terms of this clause 8.4) we will refund any part of your Membership Fee which you have paid in advance but which relates to a period after termination.
- Subject to your right to cancel as set out in clause 7.1, if you wish to cancel your pre-paid annual or Direct Debit membership we must receive a minimum of 1 calendar month’s notice from your next scheduled payment. Any payment due during that period will be your last and your membership will continue for the period you have paid for. For example – if you request to cancel on 15th March your next membership payment due on 1st April will be for the full monthly amount and your membership will expire 30th April
- Members are responsible for cancelling their direct debit instructions at their bank or building society only after the final payment for Membership Fees owed has been cleared from their account. If a Member fails to cancel their direct debit instruction at their bank or building society after the final payment for Membership Fees has been taken and as a result of this failure Polyfield continues to receive payments in error, Polyfield will only be liable for 50% of any additional fees taken in error to reflect the administrative time required to resolve the issue. If the direct debit is cancelled prior to the final payment being charged then the liability will fall on the Member to make a manual payment to clear all outstanding sums due to us plus a £10 administration charge, to reflect the administrative time required to resolve the issue, which will be added to your account.
- If you terminate your Membership (in accordance with the terms of clause 8.5) you may be entitled to a pro rata refund (subject to payment of the £10 administration charge set out in clause 8.8 below).
- All refunds are subject to a £10 administration charge, to reflect the administrative time required to resolve the issue, which we shall deduct from the sum repaid to you.
- Members may not suspend any Membership without our prior written consent.
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Membership cancellation by us
- We may cancel your Membership:
- if you commit a breach of these Terms and Conditions or the Rules and the breach, if capable of being remedied, is not remedied within seven (7) days of our notifying you of such a breach, or immediately if in our opinion the breach is not capable of being remedied;
- if you commit a serious or repeated breach of these Terms and Conditions or of the Rules and the breach is, in our opinion, capable of remedy and is not remedied within seven (7) days of you being notified of the breach;
- if any part of your Fee or an Activity Fee remains unpaid thirty (30) days after it becomes due; or
- if we consider, in our sole discretion but acting reasonably, that your behaviour is in any way, or could be perceived as, threatening, disruptive, abusive or distressing to our staff, visitors or Members;
- you suspend your Membership according to clause 9.5 below for a period exceeding twelve (12) months without our prior written consent;
- if you damage any of the equipment or facilities at the Centre;
- if you provide us with details which you know to be false when applying for Membership.
- We may also cancel your Membership immediately upon serious grounds which may include, but are not limited to, health and safety, the welfare of our staff, Members and visitors, evidence that you are abusing your Membership, allowing others to abuse it, or are otherwise behaving in a way that involves serious risk to Polyfield’s interests or those of its staff, visitors or of other Members.
- Membership key fobs and Student ID cards for any of the Centre equipment are not transferable and any Member found giving their key fob or Student ID card to anyone else to use may have their Membership cancelled by us in our sole discretion.
- If we cancel your Membership for any reason detailed in clauses 9.1, 9.2 or 9.3 above we reserve the right to recover from you, either in a retention of the Fee you have paid if a sufficient sum is available, or by a claim for further payment from you, a proportion of your money to cover any reasonable costs we have incurred as a result of having to cancel your Membership and a sum equivalent to the losses we suffered or the costs we incur as a result of your breach of the terms of your Contract with us.
- Members may suspend their Membership for a minimum of one (1) calendar month and a maximum of four (4) calendar months. Suspension of Membership is subject to a £3 monthly fee, charges payable via monthly Direct Debit except where a medical note from a doctor or other authorised medical professional is provided. We must receive a written request from you informing us of your wish to suspend your Membership or by using the ‘online member area’. Memberships can only be suspended for full calendar months.
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Parking
- The car park is owned and managed by the University of Hertfordshire and not Hertfordshire Sports Village or Polyfield.
- The University car parking regulations and charges apply at all times to the use of the car park. Hertfordshire Sports Village does not issue parking permits to any Member or customers. Full details of the parking restrictions can be viewed here or on request from Reception.
- All Members and customers of Hertfordshire Sports Village must abide by all parking regulations and signage in effect at the time of parking. It is the responsibility of Members and customers to adhere to the car parking regulations and the conditions of use.
- Penalties may be imposed on Members and customers who do not adhere to the relevant parking regulations, conditions and restrictions.
- Hertfordshire Sports Village and Polyfield accept no liability for any loss or damage occurring to any vehicle parked in the car park or the loss or theft of any possessions left in a vehicle. The vehicle and any possessions left within the vehicle are left entirely at your own risk.
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Liability
- Except as provided in this clause 11, and to the fullest extent permissible by law, our liability (including, but not limited to, breach of contract, negligence or breach, deliberate or otherwise, of any other obligation or duty arising either under statute or otherwise) for any loss or damage or consequential loss of any kind which you may suffer as a result of our, our employees’, our agents’, other Members or the University’s acts, failures to act or default (including negligence) when we, our employees, our agents, other Members or the University, exercise our/their/its rights or perform our/their/its obligations or otherwise in connection with these Terms and Conditions or your Membership shall not exceed the Fee payable for your Membership over the preceding twelve (12) months.
- Polyfield shall not be liable for any loss, or damage, or consequential loss, you may suffer where such loss, or damage, or consequential loss, is attributable to:
- your own fault;
- a third party unconnected with our provision of the services under these Terms and Conditions; or
- events which neither the University, Polyfield nor its suppliers could have foreseen or forestalled even if Polyfield had taken all reasonable care.
- Nothing in these Terms and Conditions excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; and/or
- any other circumstances where liability may not be limited under any applicable law.
- Polyfield will not be liable for any loss or damage caused to personal property except where such loss or damage is a direct result of Polyfield’s breach of duty or a negligent act or omission by us, in which case our liability to compensate you for any loss or damage is limited to a reasonable amount having regard to all relevant factors.
- We provide coin deposit lockers for the use of Members and you are asked to make use of the lockers. You must remove your belongings from the lockers when you leave the Centre and cannot leave items in the lockers overnight. You acknowledge and agree that we can remove the contents from any locker not emptied at the end of each day. We will use our reasonable endeavours to ensure that any contents we remove from the lockers will be available from the Centre reception for up to six (6) weeks after removal, subject to the type of item removed, but we cannot guarantee this and we have no obligation to you to do this. We reserve the right to dispose for profit, or otherwise, of these items without any liability or obligation to you.
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Changes
- We reserve the right, acting reasonably, to vary, revoke or add to these Terms and Conditions or the Rules at any time. As far as reasonably practicable we will display any updated versions of these Terms and Conditions and/or the Rules at the Centre reception at least two (2) weeks before the changes come in to force and will publish them on the Website. Members who do not wish to accept such changes may cancel their Membership in accordance with clause 8.4 (if applicable).
- Normal opening hours will be displayed prominently within the Centre and on the Website. The Centre will open for reduced hours during bank holidays and June, July, August and September. Details of these reduced hours will be available on the Website and at the Centre reception. If we need to make any alterations to the operating hours we will, where reasonably practicable, display notices in the Centre or on our Website notifying you of the change at least two (2) weeks in advance. If we make a significant change to the opening hours or facilities available you can terminate your Membership in accordance with clause 8.4.
- We reserve the right, at our sole discretion, to alter the Fees and/or the Activity Fees (including to increase them) from time to time. We will use our reasonable endeavours to notify you of any change in the Fees and/or the Activity Fees no less than forty five (45) days’ before the proposed implementation date of the change. Any changes to the Fees or the Activity Fees shall become applicable to you upon the next due date for any Fee or Activity Fee payable by you. You are under no obligation to renew your Membership or book any Activity where we have given you notice of an increase in the relevant Fee and may cancel your Membership in accordance with clause 8.4 (or 8.3 if applicable) by giving us thirty (30) days’ written notice. You must continue to pay your Membership or Activity Fee at the current rate immediately prior to any proposed increase until the end of your notice period. We will refund any subscriptions that have been paid by you for any period after the expiry of the notice subject to you not having used your Membership after that time.
- We reserve the right to, at our sole discretion, close, withdraw or adjust the availability of any facility, Activity or equipment from use, with or without notice to you for up to four (4) weeks in connection with maintenance and/or teaching as necessary. We will always endeavour to give as much notice as possible to Members and to advise of alternative equipment to use (if relevant) in such circumstances. Such action will not result in a reduction in the Fee or any Activity Fees where relevant unless all facilities at the Centre or the Activity for which you have paid in advance, are unavailable for use.
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Miscellaneous
- Notices to Polyfield under these Terms and Conditions, including notices of cancellation of Membership shall, subject to clause 7.2, be made by phone to 01707 284466/01707 281182 or in writing to the following address, or such other address as Polyfield may advise on the Website or by e-mail from time to time: Hertfordshire Sports Village, de Havilland Campus, Hatfield Business Park, Hatfield, AL10 9EU.
- No person who is not a party to these Terms and Conditions shall have any rights to enforce their terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- If any term or condition shall be held to be unlawful, invalid or unenforceable, in whole or in part, under any enactment or rule of law, such term or condition or part thereof shall, to that extent, be deleted from the Terms and Conditions and rendered ineffective as far as possible without modifying or affecting the legality, validity or enforceability of the remaining terms and conditions which will remain in full force and effect.
- These Terms and Conditions (including any non-contractual disputes or claims relating to these Terms and Conditions) shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts. In the event of a dispute in relation to these Terms and Conditions or your Membership, the parties will notify each other of the issue and take reasonable steps to resolve matters prior to the issuing of legal proceedings. This will include a party participating in a mediation process if requested to do so by the other party.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control including, without limitation, acts of God, flood, drought, earthquake or other natural disaster, industrial action, epidemics or pandemics, terrorist attack, war, threat of or preparation for war, non-performance by third parties, collapse of buildings, fire, explosion or accident, compliance with government actions, interruption or failure of a utility service. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of those obligations will be extended for the duration of the Event Outside Our Control.
- To make a complaint, please speak to the duty manager on shift at the Centre or e-mail sports.reception@herts.ac.uk with your details.
- It is our intention that all the terms of the Contract between us and our Members are contained in these Terms and Conditions and in the documents referred to within them.