Booking Terms & Conditions
Booking Terms & Conditions - Key Points
If the prospective student is under 18 years of age, bookings must be completed by a parent or legal guardian.
Fees will be paid by the student (or parent / guardian) in advance of each lesson.
Please see How It Works for the current lesson rates.
In the event of cancellation by the student with less than 24 hours notice, a 50% cancellation fee will be payable.
In the event of the student’s late arrival, the lost time may have to be forfeited.
Lessons may be recorded for personal reference only. Any broadcasting or posting on any website or social media platform whatsoever is strictly forbidden.
Booking a lesson indicates acceptance of the following full Booking Terms & Conditions:
1.1 Bookings made through my website, and my and your rights and obligations in relation to such bookings, are governed by these terms and conditions.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on my website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
(a) "I" means Kathleen Savage (and "me and "my" should be construed accordingly);
(b) "you" means my customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
(c) "booking" means a booking in respect of singing lessons, which may be made by you under these terms and conditions; and
(d) "force majeure event" means an event that is, or a series of related events that are, beyond my reasonable control.
3.1 Membership of my website is by invitation.
3.2 Once you are a member, both you and I have the right to terminate the membership by giving 7 days notice in writing, using the email address published on the site. If membership is cancelled, any future lessons booked under that basis will be automatically cancelled and refunded.
4. Booking process
4.1 The advertising of bookings on my website constitutes an "invitation to treat" rather than a contractual offer.
4.2 No contract will come into force between you and me unless and until I accept your order in accordance with the procedure set out in this Section 4.
4.3 To make a booking through my website, the following steps must be taken: you must click "make a booking" in relation to the relevant event; as an existing member, you must enter your login details; once you are logged in, you must consent to these terms and conditions; you will make payment by credit or debit card or PayPal; I will then send you a confirmation email (at which point your order will become a binding contract) or I will confirm by email that I am unable to meet your order.
4.4 You will have the opportunity to review and correct booking errors prior to clicking the ‘pay now’ button.
5.1 My prices are quoted on my website on the 'How It Works' page.
5.2 I will from time to time change the prices quoted on my website, but this will not affect contracts that have previously come into force.
6.1 You must pay the applicable prices for your bookings during the checkout procedure.
6.2 Payments may be made by any of the permitted methods specified on my website from time to time.
7. Variation of booking
7.1 If you would like to change your booking in any way, you should contact me to discuss your requested changes. I reserve the right to accept or reject any changes you may request.
7.2 I may change the time and date and/or location of an event that is the subject of a booking by giving to you written notice of the change at least 48 hours before the event is due to begin. If I notify you of a change to a booking under this Section 7.2, you shall have a right to cancel the booking and receive a full refund of the price paid in respect of the booking, providing that your notice of cancellation must be received by me within 24 hours following my notification of the change. If your notice of cancellation is received after the end of that period, you will not be entitled to a refund under this Section 7.2
8. Cancellation of bookings by me
8.2 I will give you written notice of any contract cancellation under this Section 8.
8. If I cancel a contract under these terms and conditions in accordance with this Section 8, you will be entitled to a full refund of the price paid under that contract.
9. Cancellation of bookings by you
9.1 Any rights you may have under this Section 9 are additional to your statutory rights.
9.2 You may cancel a contract under these terms and conditions:
(a) at least 24 hours before the event begins, in which case you will be entitled to a full refund of the price paid under a contract under these terms and conditions.
(b) In the event of cancellation by the student with less than 24 hours notice, a 50% cancellation fee will be payable.
9.3 In order to cancel a contract under this Section 9, you must send to me a written notice of cancellation by email using the contract details specified in these terms and conditions.
9.4 Save as provided in this Section 9, specified elsewhere in these terms and conditions or mandated by law, you will not receive any refund upon the cancellation of a contract under these terms and conditions.
10. Distance contracts: cancellation right
10.1 This Section 10 applies if and only if you offer to contract with me, or contract with me, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
10.2 You may withdraw an offer to enter into a contract with me through my website, or cancel a contract entered into with me through my website, at any time within the period:
(a) beginning upon the submission of your booking; and
(b) ending 24 hours before the booked session was scheduled to take place subject to Section 10.3. You do not have to give any reason for your withdrawal or cancellation.
10.3 In the case of cancellation, you may inform me by email to firstname.lastname@example.org. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
10.4 If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 10, you will receive a full refund of any amount you paid to me in respect of the offer or contract, except as specified in this Section 10.
10.5 I will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
10.6 I will process the refund due to you as a result of a cancellation on the basis described in this Section 10 without undue delay and, in any case, within the period of 14 days after the day on which I am informed of the cancellation.
10.7 If you withdraw an offer to contract, or cancel a contract, outside the cancellation deadline - ie within 24 hours of the scheduled session - you will be liable for 50% of the agreed fee, and I will only be obliged to refund the other 50% to you.
11. Warranties and representations
11.1 You warrant and represent to me that:
(a) you are legally capable of entering into binding contracts, and in the case of the lessons being booked for a minor (under 18 years of age), that you are their parent or legal guardian.
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to me in connection with your order is true, accurate, complete, current and non-misleading.
11.2 I warrant to you that any services I may supply to you under these terms and conditions or in connection with a booking will be supplied with reasonable care and skill.
11.3 All of my warranties and representations relating to bookings are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and any statutory rights you may have as a consumer will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 I will not be liable to you in respect of any losses arising out of any event or events beyond my reasonable control.
12.4 I will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13. Force majeure
13.1 If a force majeure event gives rise to a failure or delay in me performing any obligation under these terms and conditions, that obligation will be suspended for the duration of the force majeure event.
13.2 If I become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in me performing any obligation under these terms and conditions, I shall:
(a) promptly notify you; and
(b) inform you of the period for which it is estimated that such failure or delay will continue.
13.3 If the performance of my obligations under these terms and conditions is affected by a force majeure event, I shall take reasonable steps to mitigate the effects of the force majeure event.
14.1 I may revise these terms and conditions from time to time by publishing a new version on my website.
14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
15.1 You hereby agree that I may assign, transfer, sub-contract or otherwise deal with my rights and/or obligations under these terms and conditions providing that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
15.2 You may not without my prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. No waivers
16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1 A contract under these terms and conditions is for my benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19. Recording, Broadcasting, and Social Media
19.1 Lessons taken in person and/or on ZOOM or any other internet platform, may be recorded for personal reference only. Any broadcasting (or posting on any website or social media platform whatsoever), of a lesson, or its full or partial contents, is strictly forbidden without my explicit written consent.
20. Entire agreement
20.1 Subject to Section 12.1, these terms and conditions, together with the booking information terms on my website, shall constitute the entire agreement between you and me in relation to bookings made through my website, and shall supersede all previous agreements between you and me in relation to such bookings.
21. Law and jurisdiction
21.1 These terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
22. Statutory and regulatory disclosures
22.1 I will not file a copy of these terms and conditions specifically in relation to each user or customer and, if I update these terms and conditions, the version to which you originally agreed will no longer be available on my website. I recommend that you consider saving a copy of these terms and conditions for future reference.
22.2 These terms and conditions are available in the English language only.
23. My details
23.1 This website is owned and operated by Kathleen Savage
23.2 My principal place of business is at Flat 41, Theydon Bower, Bower Hill, Epping, CM16 7AB
23.3 You can contact me:
(a) by post, using the postal address given above;
(b) using my website contact form;
(c) by telephone, on the contact number published on my booking confirmation; or
(d) by email, using the email address published on my website.