TERMS AND CONDITIONS

1. These terms and conditions

• What these terms cover. These are the terms and conditions that your membership of the Play to Par Golf Academy named in your membership application (referred to in these terms as the “Academy”). Any fees referred to in these terms can be viewed at www.playtopar.com.
• Why you should read them. Please read these terms carefully before you submit your  membership application to 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 valuable information.

2. Information about us and how to contact us

• We are Play to Par Ltd, a company registered in England and Wales. Our company registration number is 13461946 and our registered office is 2 Clifton Moor Business Village, James Nicholson Link, York, North Yorkshire, YO30 4XG. Our VAT Registration Number 402 7552 21
• You can contact us by email at enquiries@playtopar.com
• If we contact you, we will do so by telephone or by writing to you at the email address you provided in your membership application form.
• When we use the words “writing” and “written” in these terms, this means email.

3. Our contract with you

• Our acceptance of your application will take place when we write to you to tell you that your membership has been accepted at which point a contract will come into existence between you and us (in these terms, we will refer to that date as your “Joining Date”). You will then be entitled to enjoy member privileges, including use of the Academy’s facilities, subject to the rights and restrictions attaching to the class of membership you applied for example Club or Scratch Membership.
• If we are unable to accept your application, we will inform you of this and will not charge you. This might be because of a lack of capacity at the Academy or in our reasonable opinion you would not be a suitable candidate for membership.
• Your membership of the Academy is personal to you and you cannot let any other person use your membership, or give your membership to any other person unless we agree in writing. If you want to transfer your membership permanently to another person, you should ask us in writing. We will not necessarily agree, but we will consider your request fairly. Any proposed replacement member would need to give us the same types of information you gave us on joining, they would need to agree to these terms. If we agree that you can transfer your membership to that other person, we will inform you in writing. In this circumstance, you will need to pay a reasonable administrative charge to deal with our costs of transferring your membership.
• We will only accept applications from juniors aged 4-16 years (together with an adult), young adults 16-22 years, adults 23-59 years and seniors (over 60 years of age). Each individual member can use the play as you pay facilities or purchase a subscription package be that sole or multi person.
• As a member, you may access the Academy facilities at any time, currently between 7am to 10pm Monday to Sunday inclusive but these could be subject to change (see clause 10).  These times are available to view via the Play to Par booking area.

4. How long your membership will last

• Your membership will start on the Joining Date. Unless clauses 8 or 9 below apply, the contract between us will last for at least 12 months (referred to in these terms as the “Initial Fixed Term”) and you cannot cancel your membership during the Initial Fixed Term. If you do cancel your membership in the Initial Fixed Term you will breach the contract with us. The contract and your subsequent year memberships will continue after the Initial Fixed Term unless it is ended in accordance with clauses 8 or 9 below.

5. Membership fees

• Membership fees
• On your joining Date you must pay for your membership fees by paying in advance for the whole Initial Fixed Term. The amount of your membership was as specified to you during the membership application process.
• At the end of your Initial Fixed Term, unless your membership has ended in accordance with clause 8 or 9 below, it will automatically be renewed for subsequent years unless you  notify us in writing, 30 days before the anniversary of your Joining Date.
• Payment of renewal fees must be made on or before the anniversary of your Joining Date
• Your membership fees will be payable whilst your membership continues regardless of whether or how much you use the Academy facilities.
• Proposed increases in membership fees may only be introduced when subsequent year membership renewals are due and you will be given at least 30 days’ notice in writing. If you do not want to pay the higher membership fee, you can cancel your contract by giving us notice to cancel (in accordance with clauses 8.1.3 below) at any time before the increase in membership fees come into force. If you give us notice to cancel, until the notice of cancellation takes effect, you will continue to be charged the previous membership fees. If you are still in your Initial Fixed Term, any notice of cancellation you give following a proposed increase in membership fees will not take effect until the end of your Initial Fixed term, and we will honour the previous membership fees until the end of your Initial Fixed Term.
• Repayment of pre-paid membership fees. If either of us ends your membership during a period in which you have paid membership fees in advance, then we will refund you for the membership fees which relate to any period after the contract has ended. Where you have broken the contract any repayment may be subject to the deduction of our reasonable expenses or an early termination charge as described in clauses 8.4 and 9.2 below.

6. Subscription Packages

• Whether you are signed up as member or not you can buy subscription packages.
• Each of the subscription packages can be shared by up to four members.
• Is not the responsibility of Play to Par to oversee how the packages are allocated between the associated members.
• In the event of sharing a subscription package, a lead member should be nominated who is responsible for the payment of the overall subscription.
• Information about which payment option applies to you and the amount of your subscription packages were specified to you during the “Early Bird” membership application process. Please refer to the attached information regarding “Early Bird” subscribers.
• Payments may be made in full or by recurring card payments
• If the recurring payments option is taken, if more than 75% overall allocation has been used prior to six months, Play to Par Ltd reserve the right to freeze bookings and agree alternative financial package that will be more suitable.
• If you pay your subscription packages by recurring card payment and a payment is missed because your recurring card payment has been cancelled or has failed, we will charge you a fee for each missed recurring card payment to cover our reasonable administrative costs.
• If after a period of 7 days, any unpaid subscription package payments have not been received, your subscription package will be suspended, and no further lessons/bay bookings will be allowed until payment is forthcoming.

7. Your obligations

• You agree you will comply with the membership rules of conduct set out in clauses 7.2 whilst at the Academy or on the Academy premises. You also agree that you will abide by such reasonable additional rules as may be displayed in the Academy from time to time and agree to abide by such additional instructions as may be specified by staff at the Academy on a case-by-case basis. You also agree that you will make sure that any guests who you bring to the Academy comply with the same rules. Failure to comply with these rules, may result in your membership being suspended and/or terminated with immediate effect.
• You agree that you will, and (if relevant) any guests that accompany you into the Academy will:
• Dress in a manner that is appropriate to the Academy.
• Show consideration for other members, their guests, and staff at the Academy.
• Not use inappropriate, abusive, offensive, or foul language, particularly in the general area.
• Not behave in a way that is inappropriate, violent, offensive, or threatening to any other member, their guests, or the staff at the Academy.
• Not bring, use or be under the influence of illegal drugs in any part of the Academy’s premises.
• Not be drunk in or about the Academy’s premises and not consume your own alcohol on the premises without prior permission.
•  Not behave in an anti-social or disruptive manner, including but not limited to inappropriate or threatening behaviour, misuse of equipment or illegal activities.
• Member guest rules. If you are 16 years old and over, you can request that we admit  guests to the Academy. Each guest you request will be subject to our approval and will  need to provide relevant information about themselves, and must sign in. We may decide not to admit your proposed guest if they appear to us to be unsuitable, or if the Academy is already at or near capacity. A guest may be admitted as a “social guest.” Social guests are only permitted to use the lounge facilities and services. If a social guest you have signed in is found to be using individual bays without payment and or the permission of the Play to Par representative on site this will be seen as a potential breach by the member of their contract with us. You must make sure any guest you sign into the Academy complies with the conduct rules. If a guest you bring to the Academy, breaks the rules or the conduct rules set out in these terms, this will be a breach by you of your contract with us.
•  If you bring any person under 16 to the Academy, you will be responsible for their behaviour whilst they are at the Academy. In addition to the general rules applicable to all members, you must abide by the rules (See clause 7.3) concerning the care and conduct of young people, and make sure that the young person abides by those rules. If a young person you bring to the Academy, breaks the Academy rules or the conduct rules set out in these terms, this will be a breach by you of your contract with us. The rules   applicable to persons under 16 years of age are that they; cannot enter the Academy unless accompanied by an adult and must not be left unattended unless attending an organised activity at the Academy you have given prior approval to. Exceptions can be made with a separate verbal or written agreement with the Director of Golf of Play to Par Golf Academy.

• Where you have a good reason for ending the contract. You may end the contract  between us by giving us not less than 30 days’ written notice at any time, such notice to expire on the last day of the following month (including during the Initial Fixed Term or subsequent membership) if: 
• We tell you that we are making a permanent material change to the facilities at the Academy or the location of the Academy under clause 10.1 and you consider that the change is materially detrimental to you.
• We tell you that we are changing these terms under clause 10.2 and you reasonably consider that the change is materially detrimental to you.
• Subject to clause 5.2 above, we tell you that we are increasing your membership fees under clause 5.2 and you do not want to pay the increased fee.
• We commit a serious breach of any provision of these terms.
• Your financial situation becomes materially worse than it was at your Joining Date, so that continued membership of the Academy is unaffordable for you (and you are able provide reasonable evidence of this to us); or
• You permanently move away from the area and travelling to the Academy is not practical for you (and you can provide reasonable evidence for this to us).
• Where you have another good reason for ending the contract. You may end the contract between us by giving us written notice at any time, e.g., if you are likely to be unable to use the Academy, by reason of a significant injury or illness, for a period of at least two months (and you are able to provide reasonable evidence of this to us).
• Where you are outside your initial Fixed Term. You may end the contract between us by giving us not less than 30 days’ written notice ending on or after the end of the Initial Fixed Term. We will refund you for any part of a subsequent subscription which you have paid for in advance in that situation, but we will be entitled to keep a proportionate amount of the membership and subscription fee in respect of the part of the subsequent membership/subscription which came before the contract ended.
• Feedback or email. You can email us at enquiries@playtopar.com Please provide your name, home address, and details of your membership.
• Effect of cancellation. If you cancel during the cooling off period (within 14 days of   your Joining Date), we will refund all payments received from you. If you have used  the facilities at the Academy during the cooling off period, we will make a reasonable deduction for any refund we give you to reflect your use of the Academy during the cooling off period, based on lesson charges and bay time use (whichever is relevant) at our retail price published on our website
• If you wish to end the contract but not for any reasons set out in set out in clauses 8.1, 8.2, or 8.3 your contract will end 30 days after you give us notice in writing of your intention to end the contract. In that case we will charge you a termination fee. The termination fee will not be any more than your membership/subscription fee to the proportionate amount of the membership and subscription fee in respect of the part of the subsequent membership/subscription which came before the contract came to an end less any costs we save and the benefit to us in receiving payment early.
• Unless you tell us otherwise, we may charge your termination fee directly to any of the credit or debit cards (or collect from your bank account) which you may have provided to us with details as part of your membership application process and by accepting these   terms, you authorise us to do so. We will give you reasonable notice before making the charge.

• We may end the contract and your membership immediately at any time by giving you notice in writing if:
• You commit a serious breach of any provision of these terms (including the conduct rules set out at clause 7 or the Academy rules):
• You commit frequent or repeated breaches of these terms, even if each one may by itself seem minor (including the conduct rules set out at clause 7, or the Academy rules.
• You fail to make a payment due under these terms when it is due, although we will give you seven days to correct this first.
• Your membership has previously been revoked or we are currently in dispute with you.
• We believe that your continued membership of the Academy poses a risk to the safety or well-being of other members, their guests, or our staff at the Academy, or to the reputation of Play to Par.
• If we end the contract in the situations set out in clause 9.1, we will refund any  membership fees or unused subscription fees you have paid in advance, but we may deduct (or charge you additionally) We will charge for any reasonable compensation we incur because of you breaking the contract e.g., bank charges.
• Where you are outside your Initial Fixed Term. We may end the contract between us by  giving you not less than 30 days’ written notice as per clause 9.1 to 9.1.5 inclusive.
• We may end the contract if the Academy closes. If the Academy closes or becomes unusable in the circumstances we did not plan of foresee (for example if there is extensive damage to the Academy or the area around it), we can end the contract immediately by giving you notice. If we decide to close the Academy for business or operational reasons, we can end the contract by giving you at least 30 days’ notice in writing.
• In clause 9.3 and 9.4 reasonable endeavours will be made to compensate outstanding unused fees for Subscription only.

10. Our right to make changes

• Changes to the Academy’s facilities. We may make changes to the Academy’s facilities and equipment at our discretion from time to time for any of the reasons listed in clauses 10.3 or 10.4. Where that change is material, such as changing the location of the Academy, or permanently to provide an important facility (for example a new bay) we will give you at least 30 day’s written notice of the change. Upgrading works or temporary closures to the Academy’s facilities or premises does not constitute a material change for the purposes of these terms.
• Changes to these terms. We will not change clauses 5.2, 10 or 11 of these terms. We may make any other changes to these terms at any time for any of the reasons listed in clauses or 10.4. We will give you 30 days’ written notice of any changes to these terms by posting a notice on our website and displaying a notice in the Academy at the Reception.
• Reasons for making changes. We may make changes to the facilities at the Academy or to the terms of the contract, or to the price we charge you, for any of the following reasons:
• We may change, remove, or improve or add to our service at the Academy at our discretion as this ensures we respond to customer needs and remain competitive.
• The cost to us of providing the facilities or other costs associated with running our business increase (for example, we must pay third parties more to provide services or goods to us);
• To introduce added charges where the cost of running our business increases.
• We reorganise the way we structure or run our business;
• Other valid legal or regulatory reasons; or
• We change the terms to make them clearer or easier to understand, to reflect changes in law or to update our contracts from time to time so all our members have the same contract
• Other reasons for changes. We provide access to the Academy’s facilities on an on-going basis and we cannot foresee what may change in the future. This means we may need to make changes for reasons other than those set out above.

11. 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 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 sales 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 including the right to receive services which are as described and supplied with reasonable skill and care.
• We are not liable for business losses. We only supply the services for private use. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• We are not liable for valuables. We are not liable in any circumstances to damaged, lost or stolen valuables whilst you or your guests are on the Academy’s premises. We recommend that no valuables are brought to the Academy
• We are not liable for any damage to personal equipment/clothing if, specific rules are not abided by, when using our facilities.

12. How we may use your personal information

• How we will use your personal information. We will use the personal information you provide to us to;
• Provide the services associated with your membership
• Process your payment for such services; and
• To inform you about other products or services that we provide, but you may stop receiving these communications at any time by contacting us
• We will only give your personal information to other third parties where the law either requires or allows us to do so.
• Under the General Data Protection Regulation, you have the right to request a copy of the information that we have on you or for us to delete it. If you wish to make such  a request, please write to us at enquiries@playtopar.com

13. Other important terms

• We are not responsible for things outside our control. If our performance of our obligations under the contract are affected by an event outside our control, we will not be liable to you for this provided we try to work around the issue.
• We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, provided that the other organisation we transfer our right and obligations to is of broadly equal standing and reputation to us.
• 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 the terms. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses 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 that you do not have to do those things or 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 allow you to access the Academy, 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.