Stingrays Terms & Conditions
Please take time to read the following terms and conditions carefully. They are the basis of the contract between yourself and Stingrays.
1. BACKGROUND
1.1 You have made a booking with Stingrays Sports (Pvt) Limited (“we” or “us”).
1.2 The booking confirmation, together with the Booking Ts&Cs, constitutes the entire agreement (the “Agreement”) between us and you. If any of the details in the booking confirmation appear to be incorrect please contact us.
1.3 You hereby agree that you accept the terms of the booking confirmation together with the Booking Ts&Cs on behalf of yourself and any person you are booking on behalf of, and that all such persons shall at all times adhere to the specific terms of conduct within the venue. For the purposes of this Agreement, “you” shall include the person named on the booking confirmation and any person they are booking on behalf of.
1.4 All correspondence from us will be sent to the person named as the Parent/Adult Swimmer on the Online Application Form. All regular communications from us will be sent in email/ WhatsApp/ Text or Call format and it is your responsibility to inform us of any changes to your email address / Phone Number.
Booking Terms and Conditions
2. RELATIONSHIP WITH THE INSTRUCTOR
2.1 The Instructor is a swimming teacher authorised and accredited by Stingrays Sports (Pvt) Limited to teach swimming lessons in accordance with the Swimming Nature methodology.
2.2 The Instructor is the person who will be providing the Classes to you, in accordance with the terms of the Agreement.
2.3 The Instructor can be temporarily or permanently replaced during the course of lessons.
2.4 The Instructor can only be responsible for students during their Classes, and parents and/or guardians are responsible at all other times. The Class begins when the Instructor accepts charge of the student from the parent or guardian and ends when the student is returned to the designated pick-up and drop-off point at the end of the Class. Although Instructors will endeavour to hand the student back directly to the parent or guardian, the student is the full and sole responsibility of the parent or guardian when the student is returned to the designated pick-up and drop-off point at the end of the lesson. Parents and/or guardians must stay on the pool premises at all times.
2.5 In the event of a swimmer, parent, guardian, sibling or other associate: (i) refusing to obey an instruction from the Instructor or one of their staff members; (ii) behaving in an unruly manner towards the Instructor, one of their staff members or any other person; or (iii) causing damage to pool premises, or any of the furniture fixtures or equipment in those premises, the swimmer shall not be permitted to continue with the Classes. We shall then have the right to terminate the Agreement without further notice and without being required to offer any refund to you and you shall not be accepted for any future course organised by Stingrays.
2.6 We and the Instructor work together to ensure that recommended pool water Cl, ph and water clarity is maintained, but in certain circumstances water clarity may vary and cannot be guaranteed. Neither we nor the Instructor are liable for the pool or other facilities or any Losses or injuries suffered by you or any third party as a result of them.
3. BOOKINGS
3.1 General
(a) In the event that you wish to book onto a class in the middle of the month, you may pay only for the remaining number of sessions for that particular month along with the Admission Fee. The set monthly fee (By the Coordinator should be payed either to the instructor/ Direct Bank Transfer on the first lesson of each month.
(b) The agreed start date of any Class which you have booked onto cannot be amended once payment has been received by us.
3.2 Monthly Tuition Package
(a) Cover Up Lessons:
(i) can only be redeemed in accordance with the entitlement mentioned by the coordinator at the time of the booking;
(ii) may only be redeemed against missed Classes with our prior approval;
(iii) may only be redeemed during the same month that the Class was missed in and shall not be rolled over to future months;
(iv) may only be booked a maximum of seven (7) days in advance; and
(v) are subject to availability. We reserve the right to book you into a Make Up Lesson with an alternative instructor, student to instructor ratio or location.
4. PAYMENTS / REFUNDS
4.1 In the event that payment for a renewal of a monthly Tuition Package is not received before the renewal deadline date (first class day of the next month) we can no longer reserve your place in the next month.
4.2 Upon submission to our finance team, once authorised you will receive further communication confirming the authorised amount to be refunded which will be processed within 30 days of this date.
4.3 If we agree a refund is due to you within sixty (60) days of our receipt of the payment in respect of which the refund applies, the refund will be made via a bank transfer.
4.4 Stingrays reserves the right to change the price of swimming lessons at any time. Customers on the monthly payment scheme will be notified in writing with at least 10 working days’ notice of any change.
4.5 In the event of a lesson cancellation, a ‘Cover up’ lesson will be offered as per the overall Terms and Conditions referenced above.
6. CANCELLATIONS
6.1 Monthly Bookings
(a) If you change your mind and wish to cancel a Monthly Package booking, you may do so before you make the payment for that particular month.
(b) After you make the payment for that particular month (see (a) above), Monthly Packages cannot be cancelled for any reason.
(c) If unable to pay by the first class day of the month due to absence our coordinator should be informed otherwise we would consider you as not attending and name will be taken off from the register.
(d) If dropped off from the register as mentioned (see(c) above), depending on the availability another can be booked by calling one of our coordinators.
6.2 Process
Any changes you wish to make to your booking must be sent via WhatsApp to one of our coordinators Gayani 0763947676 or Dinethri on 0777079919
7. LESSON MANAGEMENT
7.1 Calendars
(a) We have the right to change dates subject to us giving you prior notification.
(b) Assigned Class dates may not always coincide with your school term dates and we are unable to replace lessons missed as a result.
7.2 Progress
(a) Where a student progresses beyond the Class standard set by the Instructor, they may be required to switch Classes. We may not be able to offer the same day, time or Instructor.
(b) A student’s progress as part of any Class is not guaranteed.
7.3 Merging or Reallocating Classes
In certain circumstances it may not be possible to continue your allocated Class. In such circumstances we will provide you with a suitable alternative Class, and give you notice of such reallocation in advance.
7.4 Instructor
(a) We are not able to guarantee the Instructor for your Class or Course. Instructors may change shift patterns or move venues in exceptional circumstances.
(b) We will endeavour to provide a temporary replacement Instructor in the event of any Instructor absence.
(c) Where a replacement Instructor is not available, Classes may be cancelled at short notice.
(d) We reserve the right to replace Instructors on a temporary or permanent basis, if necessary once the Term has started.
(e) Where a replacement Instructor is provided, Classes will take place and in such event we shall not offer a replacement Class.
7.5 Cancelled Lessons
(a) Classes may be cancelled at short notice where a pool is not considered suitable for teaching purposes.
(b) If we are unable to provide the Class for any reason we will offer you a Class Credit valid for six (2) months from the cancellation date.
(c) We reserve the right to cancel or amend Classes or Courses in exceptional circumstances.
7.6 Changing Your Class Day /Time
(a) We will attempt to accommodate any request you make with one (1) weeks’ notice upon calling us, subject to your requested space being available.
(b) If the space you request is not available we will make alternative suggestions. If we cannot accommodate your request you will be unable to change your class day and time.
7.7 Suspensions
(a) We will only suspend your attendance at Classes if you provide us with a doctor’s note or certificate. Should we receive the doctor’s note on the same day as a Class, this Class will be deemed attended and not refundable or creditable. We are unable to backdate medical suspensions for any reason. The maximum length of any suspension is six (6) weeks, after which you must provide us with a new doctor’s note or certificate.
(b) Suspended Classes are not refundable.
(c) When you have booked Classes for a month, but such Classes have been suspended in accordance with this provision, the remainder of the Classes in that month will be cancelled and no space will be held for the subsequent Month(s).
(d) Suspended Classes must be used within two (2) months from the suspension date. The onus is on you to ensure that the Classes are used. The fees paid for Classes not used within this two (2) month period shall be forfeited and cannot be refunded.
8. MISCELLANEOUS
8.1 Definitions
In respect of these Booking Ts&Cs:
“Ad Hoc booking” means a booking of one-on-one Classes, where the booking period is not governed by school terms;
“Class Credit” means a replacement Class provided in the event of a missed Class;
“Loss” means all direct or indirect losses (including without limitation any loss of profit, consequential loss, loss of business, and like loss), damages, expenses, liabilities, claims, demands, proceedings, judgments, settlements, penalties, fines, costs (including legal costs, other professional costs and the costs of enforcements) and the expenses of investigating and defending any claims (including legal fees and disbursements, consultants’ fees and disbursements and other professional fees and disbursements) whatsoever;
“Cover Up Lessons” means a Class provided in lieu of a Class that was paid for but not provided;
“Working Day” means any day (other than a Saturday or Sunday) on which the banks are ordinarily open for business in Sri Lanka.
8.2 Limitation of Liability
(a) If you incur any Loss in connection with or arising from the performance of any of our obligations under the Agreement and our liability to you as a result thereof is established, our total aggregate liability to you under the Agreement or otherwise shall in no circumstances exceed the sum of the amount paid by you to us in respect of the tuition fees you paid us for the Classes during the preceding twelve (12) months immediately prior to the act or omission giving rise to the Loss provided that this clause will not apply to any Loss arising from death or personal injury resulting from our negligence.
(b) Notwithstanding anything to the contrary in the Agreement we will not, except in respect of death or personal injury caused by our negligence, be liable to you by reason of any representation or implied warranty, condition or other term for any Loss (whether occasioned by our negligence or that of our employees or agents or otherwise) arising out of or in connection with any act or omission on our part relating to the supply of any Classes, products or equipment by us or the Instructor.
(c) We will not, except in respect of death or personal injury caused by our negligence, be liable to you for any Loss incurred by you as a result of the Instructor’s acts or omissions relating to the supply of any Classes, products, services or equipment or otherwise and whether or not done on our instruction or otherwise.
8.4 Force Majeure
The Agreement will be suspended during any period that we believe either we and/or you are prevented or hindered from complying with our respective obligations under any part of this Agreement by any cause which we designate as force majeure including strikes, disruption to the supply chain, political unrest, financial distress, terrorism, fuel shortages, war, civil disorder, and natural disasters. If such period of suspension exceeds sixty (60) days, then we will, upon giving written notice to you, be able to require that the Agreement is terminated.
8.5 Waiver
Neither our failure to exercise any power given to us hereunder nor to insist upon strict compliance by you with any obligation hereunder nor any custom or practice of yours or ours shall constitute any waiver of any of our rights under the Agreement. Our waiver of any particular default by you must be in writing and shall not affect or impair our rights in respect of any subsequent default of any kind by you nor shall any delay by us or omission of ours to exercise any rights arising from any of your defaults affect or impair our rights in respect of the said default or any default of any kind. Any waiver of any rights by us will also operate as a waiver by you of any equivalent rights that you may have.
8.6 Variation
The Agreement will not be modified in any way except by a written instrument signed by both of you and us.
