Cotswold RDA Terms Individual

1. These terms

1.1 Who these terms apply to. You must only sign these terms if you are either the rider or the person with legal responsibility for the rider. Signing these terms will result in you being contractually responsible for any obligations, including fees, under these terms.

1.2 What these terms cover. These are the terms and conditions on which we supply lessons to you.

1.3 Why you should read them. Please read these terms carefully before you submit your order 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 important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are Cotswold Riding for the Disabled Association, a company registered in England and Wales. Our company registration number is 09080110 and our address is Jackie Brutton Riding School, Prestbury Park Racecourse, Cheltenham, GL50 4SH. Our registered charity number is 1160676.

2.2 How to contact us. You can contact us by telephoning 01242 584420 or by writing to us at info@cotswoldrda.org.uk.

2.3 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 Cotswold RDA Application Form.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the lessons, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the lessons. This might be because of unexpected limits on our resources which we could not reasonably plan.

4. Your rights to make changes

4.1 If you wish to make a change to the lessons 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 lessons, their timing or 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.

5. Providing the lessons

5.1 When we will provide the lessons. We will supply the lessons to you for the time period set out in the order. The estimated completion date for the services is until either you end the
contract for the services as described in clause 6 or we end the contract by written notice to you as described in clause 7.

5.2 We are not responsible for delays outside our control. If our performance of the services is affected 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 delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.

5.3 What will happen if you do not provide required information to us. From the very beginning, we will need certain information from you so that we can provide the services to you, for example, address, health conditions. Please complete a Cotswold RDA Application Form for the rider. If you do not, before booking any lesson, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 7.1) or not be able to allow the rider to take part in a lesson until it is complete. We will not be responsible for providing the services late or not providing 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.

5.4 Reasons we may suspend the services. We may have to suspend the services to:

(a) deal with technical problems or make minor technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the services as requested by you or notified by us to you (see clause 4)
(d) conditions not being appropriate or safe for lessons to go ahead.

5.5 Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend lessons we will adjust the price so that you do not pay for lessons while they are suspended.

5.6 We may also suspend the services if you do not pay. If you do not pay us for the lessons when you are supposed to (see clause 9.1) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 9.2).

6. Your rights to end the contract

6.1 You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.

6.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:

(a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause Error! Reference source not found.);
(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(c) there is a risk the services may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.

6.3 What happens if you end the contract without a good reason. Unless you have a right to end the contract immediately (see clause 6.2), the contract will not end until the end of the agreed academic term. We will refund any advance payment you have made for services which will not be provided to you outside of this. For example, if you tell us you want to end the contract on 4 February the services will stop on the last day within that academic term. We will only charge you for services up to the end of the academic term and will refund any sums you have paid in advance for services after that term.

7. Our rights to end the contract

7.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) 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, for example, completion of a Cotswold RDA Application Form;

7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract

7.3 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 30 days in advance of our stopping the services.

8. If there is a problem with the services

8.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by telephoning 01242 584420 or by writing to us at info@cotswoldrda.org.uk. Alternatively, please speak to one of our staff.

9. Price and payment

9.1 Where to find the price for the services. The price of the services
(which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see clause Error! Reference source not found. for what happens if we discover an error in the price of the services you order.

9.2 We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 9.1) we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Lloyds Bank 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.

9.3 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

10. Our responsibility for loss or damage suffered by you

10.1 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.

10.2 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.

11. How we may use your personal information

11.1 How we will use your personal information. We will use the personal information you provide to us to:

(a) provide the services;
(b) process your payment for such services; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.

11.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

12. Other important terms

12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

12.2 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.

12.3 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.

12.4 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 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 provide the services, we can still require you to make the payment at a later date.

12.5 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.

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