Terms & Conditions

These are the University of Hull’s terms and conditions (“Terms”) for the supply of fitness services provided by us at University of Hull Sports and Fitness Centre, Cottingham Road, Hull HU6 7RX and if you are a resident at The Lawns Centre, Harland Way, Cottingham, HU16 5SQ (the “Second Site”) the supply fitness services at the Second Site (in each case the “Sports Centre”) to you. Please note if you are not a resident at the Second Site you will not be permitted to use the Sports Centre at the Second Site.

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING OUR LIABILITY TO YOU (PARAGRAPH 10), OUR RIGHT TO INCREASE THE PRICE FOR THE MEMBERSHIP SERVICES (PARAGRAPH 4) AND OUR TERMINATION RIGHTS (PARAGRAPH 8).

1. Information about us

1.1 References in these Terms to "we", "us" and "our " are to the University of Hull, Registered address University Of Hull, Cottingham Road, Hull, Humberside, HU6 7RX.

1.2 References to “Website” means https://sport.hull.ac.uk/.

13. References to “Membership Services” means those fitness services specified on the Website.

2. About these Terms

2.1 These Terms will apply to any contract between us for the sale of Membership Services to you (the “Contract”).

2.2 By purchasing Membership Services, you agree to be bound by these Terms. Before purchasing Membership Services from us, if you have any queries relating to these Terms, please ask a member of staff at the Sports Centre or contact us at sport@hull.ac.uk.

2.3 We may change these Terms from time to time without notice to you, for example, to comply with changes in the law, to take account of new payment processes, or new Membership Services we may offer. Changes will only apply to your subsequent use of Membership Services. These Terms were most recently updated on [1st September 2018].

2.4 These Terms, and the Contract between us, is only in the English language. In our dealings with you, we work on the assumption that you are a private consumer, you are at least 18 years old and are legally capable of entering in to binding contracts.

3. The Contract

3.1 Centre Members – If you wish to become a Centre Member we will assist you in completing your application form. Some sections of the application form (for example, your choice of membership type and the fees payable) will be completed by our staff. Once your application form is fully complete, you will be asked to sign the various declarations made within the application form and confirm that you have read, understood and completed the questionnaire accurately and to your full satisfaction, and agree to the membership and payment information set out in the application form and these Terms. Our contract with you comes into force when you and us fully and accurately complete the application form, you sign the various declarations and you submit it to us.

3.2 If you wish to become an Online Member you should complete the application form and submit it via the Website. Our contract with you comes into force when you and us fully and accurately complete the application form, you sign the various declarations and you submit it to us.

3.3 Each application form must be accompanied with a completed direct debit form if joining on a monthly paid membership.

3.4 You will not be entitled to receive Membership Services unless you fall within one of the membership categories listed on the application form.

3.5 The application form will confirm whether you have entered into:

3.5.1 a fixed term contract for a specified period of time, which will terminate at the date confirmed in the application form (a “Fixed Term Contract”); or

3.5.2 a contract for an initial minimum period, after which the Contract will continue until you provide us with notice of termination (a “Rolling Monthly Contract”).

3.6 Your rights of termination will depend on whether you have entered into a Fixed Term Contract or a Rolling Monthly Contract, and these are confirmed in paragraph 8 below.

3.7 We are under no obligation to agree to enter into a contract with you to provide Membership Services.

3.8 You may not make any changes to an application form you have placed with us after our Contract is formed unless we agree otherwise in writing. You will notify us if at any point the information you provided on your application form becomes incorrect.

3.9 You may request to change to a different Membership Type:

3.9.1 if you are on a Fixed Term Contract at any point after the fixed term has been completed; or

3.9.2 if you are on a Rolling Monthly Contract at any point following the end of the minimum term specified on the application form.

3.10 If you are a member of the public or an alumni you will be required to have a membership card in order to access the Sports Centre. You will be issued with a membership card following entering into the Contract. You will be charged an administration fee of £5 for replacement of any membership cards regardless of the circumstances in which a card is lost or damaged.

3.11 If you are a Student or member of Staff you will be required to have a staff or student card in order to access the Sports Centre. If you lose or damage you student or staff card you will be required to organise a replacement staff or student card with the University of Hull.

4. Price

4.1 The fees for the Membership Services are as specified on the application form if you are a Centre Member or on the Website if you are an Online Member.

4.2 We may increase the fees payable by you for the Membership Services without your consent by an amount which shall not exceed at any time, provided that fee increases shall not occur more than once in any 12 month period. If we choose to increase the fees for Membership Services we will notify you no less than three months’ prior to the fee increase taking effect.

4.3 If we seek to increase fees payable by you for the Membership Services by more than 5% in any 12 month period we will notify you no less than three months’ prior to the fee increase taking effect and you will be entitled to terminate the Contract if you do not agree to the price increase and we will issue a pro-rata refund to you taking into consideration the period remaining on the Contract.

5. Payment

5.1 If you have entered into a Rolling Monthly Contract your fees are required to be paid by direct debit and will be collected on or around the 1st of each month.

5.2 If you have entered into a Fixed Term Contract you will be required to pay the price for the Membership Services at the point of entering into the Contract or at the next occurring direct debit collection date on or around the 1st, 8th, 15st or 25th of the month.

5.3 If Membership Services are listed at an incorrect price due to an error on our part, we will not be obliged to sell the Membership Services to you and will seek to charge you the correct price for the Membership Services. You have no obligation to purchase Membership Services at the correct price in these circumstances. In circumstances where the correct price is not acceptable to you, we will be entitled to terminate this Contract and where any payment has been made, provide a full refund.

5.4 We accept Visa, Visa Debit, Visa Electron, Maestro, MasterCard. Your card will be charged in accordance with the information contained in your application form. For Fixed Term Contracts you will also be entitled to pay by direct debit, cash or cheque.

6. Your Obligations

6.1 You must:

6.1.1 not undertake physical activity which may be medically unsafe to undertake. Subject to paragraph 10, we will not be in any way responsible for any harm which may occur to you or any third party as a result of you undertaking any activity which is beyond your physical capability;

6.1.2 not smoke within any area of the Sports Centre (including outdoor areas);

6.1.3 use the Sports Centre whilst under the influence of drugs (other than those used in accordance with a medical prescription and which do not have an impact on your ability to undertake exercise) or alcohol;

6.14 be suitably attired when using the Sports Centre, including, without limitation, by wearing appropriate training shoes and by wearing non-marking shoes when using squash courts and not wearing blackened boots when on artificial pitches;

6.1.5 adhere to area etiquettes which are displayed throughout the centre;
6.1.6 identify yourself using your own valid membership card and use your own membership card to gain entry to the Sports Centre;
6.1.7 comply with our policies notified to you;
6.1.8 not allow entry to the Sports Centre any person who does not have a Sports Centre membership or has been rejected as a member or who has had a membership to the Sports Centre terminated or suspended (except with our prior consent);
6.1.9 comply with all health and safety notices and requests we make; and
6.1.10 not do or omit to do anything which may be harmful to another member.

6.2 Your acknowledge:

6.2.1 The Sports Centre standard opening times are:

Monday to Friday 7am-10pm

Saturday and Sunday 9am-7pm

6.2.2 we reserve the right to restrict the number of users of the Sports Centre and its areas when deemed necessary for safety reasons for example fire safety hazards or drills;

6.2.3 any or all of the facilities at the Sports Centre may be temporarily closed or restricted at any time for the purpose of cleaning, decorating or repair;

6.2.4 the areas dedicated to racquet sports are available to reserve on a first come first serve basis and you acknowledge that these areas may be closed at various times of the year for us to hold events; and

6.2.5 the Sports Centre will closed for the vacation period between Christmas Eve and New Year along with bank holidays.

7. Your legal rights

7.1 We are under a legal duty to supply Membership Services that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to Membership Services. Nothing in these Terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights relating to the Membership Services. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says all Membership Services we supply must be performed with reasonable skill are care.

If:

• we don’t carry out the Membership Services with reasonable care and skill you can ask us to repeat the service, or get some money back;
• you haven't agreed a price for the Membership Services beforehand, what you're asked to pay must be reasonable; or
• you haven't agreed a time for Membership Services to be provided beforehand, Membership Services must be carried out within a reasonable time.

8. Termination of the Contract

Online Members

8.1. If you are an Online Member you will be entitled to end the Contract in circumstances where you change your mind within 14 days following entering into the Contract. In these circumstances, the Contract will end and we will refund you in full for any Membership Services which have not been provided. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. You will not be entitled to cancel the Contract under this paragraph 8.1 if you have requested on the application form for Membership Services to be provided immediately and the Membership Services are fully performed within the cancellation period.

8.2 Subject to paragraph 8.4 below, if you are an Online Member and you cancel the Contract, we will reimburse to you all payments received from you without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

8.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

8.4 Online Members who requested for us to begin the performance of services during the cancellation period as specified on the application form, shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of the Contract, in comparison with the full duration of the contract.

Centre Members

8.5 If you are a Centre Member you will be entitled to end the Contract in circumstances where you change your mind within 7 days following entering into the Contract or at any time prior to you first using Membership Services at the Sports Centre whichever occurs first. In these circumstances, the Contract will end and we will refund you in full for any Membership Services which have not been provided with. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post, fax or e-mail).

8.6 If you are a Centre Member and you cancel the Contract, we will reimburse to you all payments due without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

8.7 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Additional Termination Rights

8.8 You will be entitled to end this Contract:

8.8.1 if you enter into a Rolling Monthly Contract and therefore continue to pay for Membership Services monthly by direct debit, you will be entitled to terminate the Contract on no less than one full calendar months’ written notice, which may not expire prior to the end of the minimum term of the Contract specified in the application form. If we receive notice under this paragraph 8.8.1 at any time after the first day of a calendar month your one month notice period will begin at the start of the next calendar month and you will be obliged to pay your next direct debit payment to us. For example, if you provide us notice to terminate your Contract on the 3rd of April your Contract will expire on the final day of May; or

8.8.2 if you are unable to use the Membership Services due to: (i) medical/injury grounds; (ii) loss of employment/redundancy; and/or (iii) unexpected end of study at the University of Hull leading to relocation of residence over 15 miles from the Sports Centre. In these circumstances, appropriate written evidence is required to be submitted and accepted by us, and a full refund for any Membership Services which have not been provided will only be made in circumstances where we are satisfied that one of these grounds has arisen (any refunds will be made by reference to when the relevant evidence was provided to us in full).

8.9 You will also be entitled to end this Contract immediately, with a full refund for any Membership Services which have not been provided or have not been properly provided where:

8.9.1 we have told you about an upcoming significant and detrimental change to the Membership Services or these Terms which you do not agree to;

8.9.2 we have told you about an error in the price or description of the Membership Services confirmed to you when you entered into a contract with us and you do not accept the changes to the price or description we confirm to you;

8.9.3 there is a risk the Membership Services may be significantly delayed because of an Events Outside Our Control as defined in paragraph 11;

8.9.4 you have a legal right to end the contract because of something we have done wrong.

8.10 If you have pre-paid for a Fixed Term Contract, you will not be entitled to terminate your Contract during the fixed term specified in the application form other than in accordance with paragraphs 8.1, 8.5, 8.8 and 8.9.

Our rights to terminate the contract

8.11 We will be entitled to end this Contract in circumstances where:

8.11.1 if in our reasonable opinion you are suspected of any antisocial behaviour, dangerous practice, or behaviour which affects the safety or wellbeing of other users or staff members of the Sports Centre;

8.11.2 if you do not comply with you obligations under this Contract; or

8.11.3 you fail to comply with our reasonable instructions in relation to safety or use of the Sports Centre.

9. Refunds

9.1 All refunds payable under these Terms will be made using the original payment method (unless otherwise agreed by you). Please note that it can take between 5 and 10 working days after you have provided all relevant information to us for the funds to show back in your account.

10. Our Liability to You

10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. We only supply the Membership Services for private use.

10.2 Subject to paragraph 10.5, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.3 Subject to paragraph 10.5, we will have no responsibility to you for the loss or damage to any money, valuables or other property at the Sports Centre.

10.4 Our maximum liability to you will be limited to ten times the Membership Fees paid or payable by you either during the minimum term of a Rolling Monthly Contract or during the term of a Fixed Term Contract.

10.5 We do not in any way exclude or limit our liability for:

10.5.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

10.5.2 fraud or fraudulent misrepresentation;

10.5.3 breach of your legal rights in relation to the Membership Services.

11. Events Outside Our Control

11.1 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.

11.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of public or private transport. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

11.2.1 we will contact you as soon as reasonably possible to notify you; and

11.2.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Membership Services to you, we will notify you after the Event Outside Our Control is over.

11.3 If there is a risk of substantial delay due to an Event Outside Our Control, you may contact us to end the Contract in accordance with paragraph 8.9.3.

12. Your personal information

12.1 In relation to your Membership Services, we will use your personal information and such use will be in accordance with our Privacy Policy (a copy of which can be found at the end of this document and online subject to availability), which explains (among other things):

12.1.1 the categories of your personal information that we use;

12.1.2 how your personal information is used by us;

12.1.3 the purpose(s) for such use;

12.1.4 with whom it is shared; and

12.1.5 your rights in relation to your personal information.

12.2 We therefore request that you review our Privacy Policy at your earliest convenience.

13. Other important terms

13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. The Contract is between you and us. No other person shall have any rights to enforce any of its terms. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

13.2 If we fail to insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

13.3 If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.4 Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

13.5 These Terms are governed by the laws of England and Wales. This means any dispute or claim arising out of or in connection with it will be governed by English and Welsh law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms.

13.6 In the event of a conflict between these University of Hull membership conditions and DFC’s Customer Contract, the terms of DFC’s Customer Contract will prevail

14. Complaints Procedure

14.1 Complaints Procedure
In the event that we fail to meet our high standards of customer service, please do not hesitate to contact us. Please put your complaint in writing and send it to us by post to:

University of Hull Sports and Fitness Centre, Cottingham Road, Hull HU6 7RX

or by email to:

sport@hull.ac.uk

We aim to provide an initial response to a complaint by email within 24 hours (Monday to Friday 9am to 5.30pm) and to postal complaints within seven working days of receipt.

15. Alternative dispute resolution

15.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.

15.2 If you are an Online Member disputes may also be submitted for online resolution to the European Commission Online Dispute Resolution platform - https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.hom e.show&lng=EN.