Last updated: 5th May 2023

1.    Introduction

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1.1.    Bookings made through our website or via email correspondence, and our 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 our website.
1.3.    In the event of an order made in person or via a method other than via the online booking system or over the phone, these terms & conditions will apply with exception of the section relating to Distance contracts: cancellation right
1.4.    Any statutory rights that you may have as a consumer are not affected by these terms and conditions.

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2.    Interpretation In these terms and conditions:

a)    “we” means St Albans Cycle Hub CIC (and “us and “our” should be construed accordingly);
b)    “you” or “the hirer” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
c)    “booking” means a booking in respect of Community Centre Hall and/or facility hire, 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 our reasonable control.
e)    “Community Centre Hall and/or facility hire” includes but is not limited to hire of one or any combination of: our available community centre hall spaces, Community Kitchen, Quiet Room, changing facilities, external track hire, and all such matters ancillary thereto. These facilities constitute our “premises”. 
f)    your “booked date(s)” is (are) the date(s) on which your community centre hall and/or facility hire is due to take place.
g)    “block bookings” or a “series” of bookings refer to the ability to book multiple dates in a single transaction, for example: a booking that repeats weekly for 3 months, or monthly for a year.

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3.    Order process

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3.1.    The advertising of bookings on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2.    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3
3.3.    To make a booking through our booking system, the following steps must be taken: 
3.4.    Select an available date and time from those listed on our booking system website, enter the required details on the booking form.
3.5.    You must consent to these terms and conditions before proceeding with your booking.
3.6.    You must review your reservation details prior to pressing ‘Create Booking’, at which point you’ll be transferred to our payment service provider’s website, and our payment service provider will handle your payment.
3.7.    We will then send you an order confirmation by email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. 
3.8.    Depending on how far in the future your booking date is, you will either be asked to make a deposit to secure your booking or pay the full amount. 
3.9.    In the event of a deposit being requested, we will request payment for the balance to be paid no later than 14 days prior to your booked date(s).

3.10.    If the booking system is unavailable, we may also take your booking: 
3.10.1.    in person at the centre or 
3.10.2.    if after having received a completed online Booking Enquiry Form from you we have subsequently agreed to meet your order

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4.    Booking conditions – General

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4.1.    Set up and down of equipment will be undertaken during your hire time.
4.2.    No structural or other alterations shall be made to the fabric of the building or any furniture fixture or fittings without written permission from the centre manager.
4.3.    No hirer is permitted to:
4.3.1.    Give away live animals as prizes;
4.3.2.    Give exhibitions, demonstrations or performances of hypnotism on our premises;
4.3.3.    Use our premises for gaming or wagering other than lawful gaming carried out in line with the gaming act 1968;
4.3.4.    Collect monies on the premises from participants other than by written consent of the manager
4.4.    No equipment can be stored onsite without the written consent of the Community Centre Manager.
4.5.    You, the hirer, shall not assign or sub-let the right to use the facilities and must only use the facility for the agreed purpose on the booking form
4.6.    We reserve the right to charge additional fees for any damage caused (accidental or deliberate) by event / activity attendees and / or participants in order to repair or replace items. Any additional repair or necessary replacement undertaken by us as a result of your booking shall be charged and payable within 15 days. If a debt collection agent is appointed to recoup money owed to us then you will be charged for the agent fees.
4.7.    You must leave the facilities in a reasonable state of cleanliness following your event, this includes washing up and returning any items used in the Community Kitchen, we reserve the right to charge a cleaning fee for excess mess left by you or those attending your event.
4.8.    No banners, leaflets or posters shall be placed within the boundaries of the Centre without the approval of the centre manager.
4.9.    You must ensure that all event / activity attendees show consideration towards local residents living near the centre – particularly during the evening. Noise levels will be kept at an acceptable level and must be reduced immediately if instructed by a member of the Community Centre team. 
4.10.    You must not grant sound, television broadcasting or filming rights without prior consent from the Community Centre Manager. 
4.11.    You must only park in the designated parking places and only cars displaying disabled badges may park in the disabled parking bays.
4.12.    We reserve the right to enter any part of the facility at any time with or without a third party, without stating a reason.
4.13.    You and those attending your event must comply with the notices displayed around the Community Centre.
4.14.    It is your responsibility to notify us of any change in contact details relating to your booking. 
4.15.    Acceptance of your booking does not guarantee future bookings.
4.16.    If the Community Centre team are of the opinion that the hirer is not making suitable use of the facilities, the management reserve the right to re-allocation any unused parts.

 

5.    Booking conditions – Safety & Security

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5.1.    Any accident, injury or damage must be reported to the Community Centre team immediately. 
5.2.    Fire exits must not be obstructed and not used as a method of entry.
5.3.    You must not exceed the hall or facility person capacity stated on our website
5.4.    No gas canisters or open flames are permitted on site.
5.5.    Should the fire alarm sound at the centre, you must immediately leave the centre by the nearest available exit and meet at the designated meeting point whilst complying with any direction from Community Centre colleagues.
5.6.    Any electrical equipment bought on to the site must be PAT tested in advance to ensure that is electrically safe. All electrical certifications and COSHH sheets will need to be supplied prior to permission being given. Any equipment, in the opinion of a Community Centre Colleague, found not to be safe cannot be used.
5.7.    Our Normal and Emergency operating procedures are displayed on notices in each hall. You should familiarise yourself with these and the clearly identified fire and emergency escape routes on your arrival to the Community Centre. 
5.8.    Young people under eight years old must be supervised by a parent or adult over the age of 18 at all times unless taking part in a supervised activity.
5.9.    We accept no responsibility for food brought onto the premises by you, participants of your event or external caterers appointed by you for your event / booking.
5.10.    We are not responsible for the loss or damage to your or your attendee’s money or goods whilst visiting the centre.
5.11.    All users/hirers must comply with these conditions of use, have regard for the safety of, and behave considerately towards other users, colleagues, the building and equipment. Any user/hirer not doing so may be asked to leave the Community Centre and must immediately leave if asked. You are responsible for the behaviour of any children you bring to the Community Centre and must explain any relevant rules and conditions to them.
5.12.    No equipment or harmful/flammable substances shall be brought onto site without prior permission of the centre manager. In cases where flammable material or matches for candles on cakes is used within a Birthday Party event, notification must be given to the centre manager prior to the Party commencement.
5.13.    There is a fully qualified First Aider on site at the Community Centre except where, through prior arrangement, we have provided keys/access to the Community Centre to you for your booking and/or for out-of-hours access – in which case you will need arrange First Aid cover.

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6.    Additional Booking conditions for Clubs & Commercial users
 
6.1.    Clubs and Events Hirers are reminded to ensure they understand their own obligations under the Health & Safety at Work Act etc Act 1974 and relevant legislation. You must confirm, prior to your first session, you have:
6.1.1.    Details of all coaches, including first aid, coaching qualifications and DBS checks.
6.1.2.    Affiliation details the club has with the governing body, if applicable.
6.1.3.    The hirer is responsible for providing evidence of their insurance cover (covering £5,000,000) and risk assessment(s) together with that of any exhibitor, contractor, supplier, performer, or caterer whom they have instructed/authorised to appear/attend the event. All documentation must be provided at least 30 days before the event. Failure to comply may result in cancellation at the manager’s discretion.
6.1.4.    Risk Assessments for the safe operation of activities in the centre and any  COVID-19 additions to ensure key government guidance is followed during the booking.
6.2.    The hirer should ensure that suitably qualified persons appropriate to the activity shall be in attendance at all times.
6.3.    If a facility is used for a ticketed or open public event the hirer must provide SIA qualified security. Please speak to us regarding numbers as this will vary per event and venue. Failure to provide SIA security may result in cancellation at our discretion.
6.4.    Set up plans and method statements must be provided when setting up equipment on site. 
6.5.    Clubs or organisations hiring facilities to provide activities which are regulated through the provision of teaching, training, instruction, care for or supervision of children or adults at risk must evidence their;
6.5.1.    Club or organisation safeguarding policy
6.5.2.    Name of the club or organisation safeguarding officer
6.5.3.    Disclosure and Barring Service checks completed for all coaches and instructors

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7.    Prices

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7.1.    Our prices are quoted on our online booking system or directly to you in response to you having received an enquiry from you regarding booking our facilities. 
7.2.    We will from time to time change the prices quoted on our booking system, but this will not affect contracts that have previously come into force
7.3.    All amounts stated in these terms and conditions or on our website are stated inclusive of VAT only where applicable.
7.4.    Community Rates are available for organisations meeting and demonstrating the following criteria and requirements:
7.4.1.    The group/organisation should be not-for-profit and hold a constitution (formalised group)
7.4.2.    Evidence that the proposed activities will meet the needs of the local community (Cottonmill & Sopwell) and are primarily taken up by the local community 
7.4.3.    The groups aims and activities support SADC (St Albans District Council) Equality, Diversity and Inclusion priorities 
7.4.4.    The group have financial systems in place that can be checked- i.e. balance sheet/accounts, bank account etc to prevent funding (through reduced fees) of fraudulent activity 
7.4.5.    Submission of copies of up-to-date safeguarding, health and safety, and equality policies and activity risk assessments 
7.4.6.    The group/organisation will provide data (anonymised) on activities and attendees to monitor take up by protected groups and support future targeting of provision

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8.    Payments

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8.1.    You must pay the applicable prices for your bookings as prompted by the booking system during the checkout procedure. 
8.2.    Payments may be made by any of the permitted methods specified on our website from time to time.
8.3.    At your request and our discretion, we may agree to send you an invoice for payment, on which the amounts owed, and the corresponding bookings will be shown along with a due date. 
8.4.    Invoices must be settled in full by the due date shown, failure to do so may result in your future booking(s) being cancelled and prevent further bookings by you until the invoice is paid. 

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9.    Variation of booking

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9.1.    If you would like to change your booking in any way, you should contact us to discuss your requested changes. We reserve the right to accept or reject any changes you may request.
9.2.    We may change the time and date of an event that is the subject of a booking by giving to you written notice of the change at least 14 days before the booked date of your hire. If we notify you of a change to a booking under this Section 9.2, 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 us within 7 days following the date of issue of our 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 9.2.
9.3.    We can add to, change, withdraw or cancel facilities or activities from the centre without notice. This includes closing the centre or making changes to opening hours for safety reasons, maintenance, or special events.

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10.    Cancellation of bookings by us

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10.1.    We may cancel a contract under these terms and conditions:
10.1.1.    at least 14 days before the booked date for which the Contract was made begins. If this date falls within a series of booked dates, for example where multiple bookings are made at once, this will apply to the next booked date and any subsequent booked date(s) which we notify you as being affected by our cancellation. 
10.1.2.    if after having attempted to contact you using the details provided in order to clarify or amend your booking we haven’t had a response from you within 7 days following the first date on which we tried to contact you.
10.1.3.    if due to circumstances beyond our control, such as staff sickness or sudden unavailability of facilities, we will offer you a full refund for the affected booked date(s).
10.1.4.    we shall not be responsible for any extra costs incurred as a result of a cancelled or rescheduled booking. 
10.2.    We will give you written notice of any contract cancellation under this Section 10.
10.3.    If we cancel a contract under these terms and conditions in accordance with this Section 10, you will be entitled to a full refund of the price paid under that contract, except….
10.4.    ….where you have booked a series of dates, we will consider each booked date individually and your refund will be calculated pro rata for the affected dates as notified by us.

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11.    Cancellation of bookings by you

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11.1.    Any rights you may have under this Section 11 are additional to your statutory rights.
11.2.    You may cancel a contract under these terms and conditions:
11.2.1.    at least 30 days before your booked date, in which case you will be entitled to a refund of 100% of the price paid under a contract under these terms and conditions, except…
11.2.2.    …where you have booked a series of dates, we will consider each booked date individually and proceed with the cancellation as specified by you. You must specify which date(s) are to be cancelled in your request for cancellation and…
11.2.3.    …any refund you are due as a result of your cancellation will be calculated pro rata for the individual dates you specify for cancellation. No refund will be given for booked dates that have passed in any series of bookings. 
11.3.    In order to cancel a contract under this Section 11, you must send to us a written notice of cancellation by post or email using the contact details specified in these terms and conditions.
11.4.    Save as provided in this Section 11, 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.

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12.    Distance contracts: cancellation right

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12.1.    This Section 12 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
12.2.    You may withdraw an offer to enter into a contract with us through our website or booking system, or cancel a contract entered into with us through our website or booking system, at any time within the period:
12.2.1.    beginning upon the submission of your offer; and
12.2.2.    ending at the end of 14 days after the day on which the contract is entered into,
12.3.    subject to Section 12.4. You do not have to give any reason for your withdrawal or cancellation.
12.4.    You agree that we may begin the provision of services before the expiry of the period referred to in Section 12.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:
12.5.    if the services are fully performed, you will lose the right to cancel referred to in Section 12.2;
12.6.    if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 12.
12.7.    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 12, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. 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.
12.8.    If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 12, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 12.
12.9.    We 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.
12.10.    We will process the refund due to you as a result of a cancellation on the basis described in this Section 12 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

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13.    Warranties and representations

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13.1.    You warrant and represent to us that:
13.1.1.    you are legally capable of entering into binding contracts;
13.1.2.    you have full authority, power and capacity to agree to these terms and conditions; and
13.1.3.    all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
13.2.    We warrant to you that any services we may supply to you under these terms and conditions or in connection with a booking will be supplied with reasonable care and skill.
13.3.    All of our 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 14.1, all other warranties and representations are expressly excluded.

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14.    Limitations and exclusions of liability

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14.1.    Nothing in these terms and conditions will:
14.1.1.    limit or exclude any liability for death or personal injury resulting from negligence;
14.1.2.    limit or exclude any liability for fraud or fraudulent misrepresentation;
14.1.3.    limit any liabilities in any way that is not permitted under applicable law; or
14.1.4.    exclude any liabilities that may not be excluded under applicable law,
14.2.    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.
14.3.    The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:
14.4.    are subject to Section 14.1; and
14.5.    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.
14.6.    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
14.7.    We 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.
14.8.    Our aggregate liability to you in respect of a contract under these terms and conditions shall not exceed:
14.8.1.    the total amount paid and payable to us under that contract.

 

15.    Force majeure

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15.1.    If a force majeure event gives rise to a failure or delay in us performing any obligation under these terms and conditions, that obligation will be suspended for the duration of the force majeure event.
15.2.    If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing any obligation under these terms and conditions, we shall:
15.2.1.    promptly notify you; and
15.2.2.    inform you of the period for which it is estimated that such failure or delay will continue.
15.3.    If the performance of our obligations under these terms and conditions is affected by a force majeure event, we shall take reasonable steps to mitigate the effects of the force majeure event.

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16.    Variation

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16.1.    We may revise these terms and conditions from time to time by publishing a new version on our website.
16.2.    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.

 

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17.    Assignment

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17.1.    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our 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.
17.2.    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

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18.    No waivers

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18.1.    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.
18.2.    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.

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19.    Severability

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19.1.    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.
19.2.    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.

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20.    Third party rights

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20.1.    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
20.2.    The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

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21.    Entire agreement

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21.1.    Subject to Section 14.1, these terms and conditions, together with [the booking information page on our website,] shall constitute the entire agreement between you and us in relation to bookings made through our website, and shall supersede all previous agreements between you and us in relation to such bookings.

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22.    Law and jurisdiction

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22.1.    These terms and conditions shall be governed by and construed in accordance with English law.
22.2.    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

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23.    Statutory and regulatory disclosures

23.1.    We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
23.2.    These terms and conditions are available in the English language only.
23.3.    Our VAT number is 418399953

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24.    Our details

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24.1.    This website is owned and operated by St Albans Cycle Hub CIC
24.2.    We are registered in England under registration number 14142238
24.3.    Our principal place of business is at: St Albans Cycle Hub CIC, Cottonmill Community And Cycle Centre Old Oak, Cottonmill Lane, St Albans, United Kingdom, AL1 2EF
24.4.    You can contact us:
a)    by post, to the postal address given above;
b)    using our website contact form;
c)    by telephone, on the contact number published on our website; or
d)    by email, using: bookings@stalbanscyclehub.co.uk