Club Rules, Terms & Conditions

 

HARBOUR WAY COUNTRY CLUB LTD

CLUB RULES, TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

A. to provision to, and use by, Members and other users of any facilities and services provided by the Club, namely Harbour Way Country Club Ltd of Chichester Road, West Wittering, West Sussex, PO20 8QA

B. where the Member and any other user of the facilities or services of the Club is a “consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business” means any business, trade, craft, or profession carried on by You or any user of the Club or any other person/organisation;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual Member or user of the Club who receives or uses any facilities or services of the Club for the Member’s or user’s personal use and for purposes wholly or mainly outside the purposes of any Business;

“Data Protection Legislation” means the Data Protection Act 1998 and the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) as amended or replaced from time to time;

“Club/We/Us/Our” means Harbour Way Country Club Ltd whose place of business and contact address is the same address as above and includes all employees and agents of the Club and reference to the Club shall include reference to any and all facilities and services provided by it;
“Member/You/Your” means an individual who is a Consumer and whose application for membership of the Club has been accepted in writing by Us, and he/she will be a Member thereafter for as long as he/she remains a Member as provided by these Terms and Conditions
“Membership” means membership of the Club;
“Membership Fees” means the fee(s) due for Membership;
“Membership Plan” means any minimum period of Membership at any of the different grades of Membership;
“Month” means a Membership billing period (which is not necessarily a calendar month); and
“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and

1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions.

1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on the interpretation of these Terms and Conditions.

1.4 Words signifying the singular number shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

2. Membership & Guest Policy

2.1 In order for anyone to use the Club in any capacity they must have an active Membership (but not if they visit as the guest of a Member in which case they must be signed in at reception, paid for and accompanied by the Adult Member at all times and they may only use the Club up to 6 times within a period of 12 months and a maximum of 2 visits in one calendar month period). Guests of members cannot use the Gym facilities.

Unauthorised persons, Non-Members and Non-paying/Non-Signed in Guests may or will be asked to leave the premises immediately.

Where deliberate regular unauthorised use of the Club by a member’s spouse or any child who are not members and have not paid a guest fee (subject to the above criteria) becomes known, the Club will have the power to terminate the Primary paying Member’s Membership immediately or after investigation at our sole discretion and any Membership Fees held in credit , Loyalty Points and Club Credit will become null and void and non-refundable.

Non Members who are adult spouses, grandparents, other adult family or friends of the primary adult member may bring children of a member to tennis lessons or clubs and swimming lessons where the child is under the supervision of a qualified coach only. The visiting non-member may not bring these children members for any other reason, (for instance to swim or play tennis with them which would equate to using the facilities where a full membership would be required).

This strict policy is for the fairness to all paying Members and it is the Primary paying Member’s responsibility for any mis-use of the Club by any person linked to them that is found in breach of these rules.

Previous / Ex-members including Children, cannot be brought to the Club and signed in as a guest of their Parent, Spouse or another Member within the first 6 months of that person / Guest’s cancellation date unless there are extenuating circumstances that we allow at our sole discretion.

2.2 You will become a Member of the Club only if and when We accept Your application and You have paid the Membership Fee either for the first month of Your Membership and the remaining portion of the joining month (if applicable) plus the relevant joining fee, OR if you have paid for the full 12, 7 or 3 month Membership in advance. Our decision whether or not to accept Your application is in Our absolute discretion.

2.3 Upon Our acceptance of Your application and Your payment of the initial or full Membership Fees as above, there will be a contract between You and Us on these Terms and Conditions.

2.4 Your Membership will be in accordance with Your Membership Plan, and Your use of the Club must always be in accordance with Your Membership Plan.
2.5 The following Membership Plans are available:

2.5.1   12, 7 or 3 Month paid in advance;

2.5.2   Monthly Direct Debit based upon a minimum 6 month term; OR Details of available Membership Plans may be obtained from Club Reception.

2.6   You may choose any one of these Membership Plans in Your application to join the Club.

2.7  Subject to the cancellation terms set out in sub-Clause 2.8 and 2.9:

2.7.1 Your Monthly Direct Debit Membership will be for a minimum period of 6 Months; BUT

2.7.2 Your Membership and direct debit instruction after the end of that period will then continue indefinitely on a Month by Month rolling basis until you cancel your membership.

2.7.3 Your 12, 3 or 7 Month Membership will cease at the end of the relevant term unless You renew Your Membership prior to expiry. You will receive a renewal invitation approximately one month before Your expiry date and if there is no break in membership, ie, renewal payment is made prior to the expiry date, You agree that Your agreements and consents given at the time of joining will still be in force for the renewed period. All 12, 7 and 3 Month Membership fees are non-refundable.

2.8 Cooling Off. There is NO cooling off period given for membership application contract agreements signed and agreed on the premises of the Club. IF you applied for membership online, by telephone or off of the premises You may for any reason cancel Your Membership up until expiry of 14 days after the date of Your application for Membership but if We begin to provide You with any facilities or services before the end of that period, and You have expressly requested Us to begin them before that end of that period, You may not cancel those particular facilities or services provided in that period once We begin to provide them, and You must pay for an amount of the Membership fee as is proportionate to the period of time over which You were provided with the requested facilities or services plus an administration fee of £50. If You cancel as allowed by this Sub-clause 2.8, and You have already made any payments to Us under Clause 3, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the particular facilities or services requested (plus the administration fee) which We have provided in that period. If You are cancelling a Monthly Direct Debit Membership as allowed by this Sub-clause 2.8 and had paid a joining fee, this joining fee is non-refundable under this clause and will be deducted from any refunds made. If You request that Your Membership be cancelled, You must confirm this in writing and deliver to the Club on the same day that you notify us. If You wish to cancel Your Membership in other circumstances, please refer to the following sub-Clauses for those other circumstances in which You may do so.

2.9 In addition to Your rights to cancel under the Regulations (as set out in subClause 2.8 above) You may cancel Your Monthly Membership by giving at least one clear calendar month’s prior written notice at any time on expiry of which Your Membership will end BUT: If contrary to the requirement that Your Membership must be for the minimum period referred to in Clause 2.7.1 above, You give notice to end Your Membership with effect from a date which is before the end of that minimum period, You must pay Us Membership Fees in full for the rest of that minimum period from the cancellation date to the end of that minimum period; and
If You give notice to end Your Membership with effect from a date which is after the end of the minimum period You give notice to Us in writing on a date other than Your Monthly billing date, You must pay Us Membership Fees as follows. If Your billing date is, for example, 1st March, where You give, and we receive notice on 2nd March Your notice period will be deemed to start on the next billing date, i.e. 1st April, and so it will only take effect to cancel Your Membership as of 1st May. In that example You would have to pay Membership Fees for the two months 1st March to 30th April.

2.10 You may suspend Your Membership if You suffer a long-term illness, injury or pregnancy. If You wish to suspend Your Membership You should inform Us of the suspension no later than one clear calendar Month prior to the billing date which is the start of the Month from which You wish the suspension to take effect.

2.11 We may require a medical certificate, doctor’s note or similar proof of illness or other incapacity for suspension under sub-Clause 2.10.

2.12 In certain circumstances Your Membership can be transferred to another person at our discretion. If You wish to transfer Your Membership, You should inform Us of the request to transfer. Unless You are to continue paying the Membership Fees on behalf of the transferee, the transferee shall be required to provide new payment details. The transferee will not be charged for any sums already paid by You as the original Member. A transfer fee of £100 shall be payable and must be paid at the time of application once authorised.

2.13 We will provide You with a Membership card at the start of Your Membership but only to persons 16 years and over. You may not enter the Club or use any of its facilities without a valid Membership card. If You lose Your Membership card, You will have to pay Us a charge of £10 for a replacement.If Your membership card stops working on our Class and Court Booking screen we will replace it free of charge.

2.14 Your membership card can also be used as a Loyalty / Club Credit card.

Card Account & Credit Facility

For your convenience you may credit funds to your new Harbour Way Country Club Membership Card Account and use your card for all purchases at the bar/reception. This service is available at the bar/reception at any time but only on presentation of your Harbour Way Club Card at each and every transaction. Cards are only issued to Members over 16 yrs of age.

Earning and Redeeming Points

A Harbour Way Country Club Card can only be registered in the name of an individual. Only one card may be registered in the name of each individual. Points can only be earned at the time of purchase and only if the Harbour Way Club Card is presented at the time of payment. You will earn one point for each complete pound spent. Each point will have a purchase value of .04 pence. You can check the points balance on your Harbour Way Club Card at any time at the Bar/Reception and it will also be shown on each receipt issued but only if the card is used at that time of purchase. We will keep a record of previous transactions to ensure that this balance is correct at all times. You will still earn points when spending your credit.

Points have no cash value. Redeemed points cannot be used again. Points can only be earned, held and redeemed as set out in these Terms and Conditions. Any points obtained or used otherwise than in accordance with
these Terms and Conditions will be invalid and cannot be redeemed. Points are personal to the individual card holder and cannot be pooled with points earned by another individual and redeemed together.

Expiry and Cancellation

Your Harbour Way Club Card does not have an expiry date. However, if you cancel your membership and you still have unused points or credit on your account after your notice period you will forfeit these points and credit upon expiry Expired points or credit cannot be transferred , held, redeemed or reinstated. You have the right to cancel your Harbour Way Club Card at any time by returning it to the Bar/Reception. If you cancel your Harbour Way Club Card you will lose the right to redeem all unused points and credit.

Loss of Card

In the event of loss, theft, fraud or other unauthorised use of your Harbour Way Club Card, or if your Harbour way Club Card is damaged or malfunctions, we may, at our sole discretion, replace your Harbour Way Club Card and transfer any points and credit stored on it to a replacement card and at the same time cancel all points and credit on the lost card. There is a replacement fee of £10 for this service. Circumstances in which we may determine, in our sole discretion, that we will not replace your Harbour way Club Card include those where we reasonably believe that the notified incident has been caused by your wilful breach of these Terms and Conditions or if there are reasonable grounds for suspecting that you are or have been engaged in fraudulent or other unlawful conduct.

Liability of The Harbour Way Country Club Ltd

The Harbour Way Country Club Ltd shall not be held liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, failure of network services and failure of data processing systems. The Harbour Way Country Club reserve the right to change the structure of points earning and spending at any time subject to any changes being displayed clearly at the Bar/Reception for at least One Month prior to any changes being made. This should provide enough time to spend any accrued points before the changes take effect to limit any negative effect on your points value earned.

3. Membership Fees and Payment

3.1   Monthly Membership Fees are payable on a Monthly basis by Direct Debit only.

3.2   12, 7 and 3 month Fees are payable in advance.

3.3   Membership Fees and joining fees etc may be paid using any of the following methods:

3.3.1 Debit / Credit card;

3.3.2 Cash;

3.3.3 Cheque.

3.4  If You pay Membership Fees by Direct Debit and You wish to change Your bank or the account used to pay, You must inform Us of the new bank details by completing a new Direct Debit Mandate at Reception at least by the 10th of the preceding month that you wish the new payment instruction to start.

3.5  The minimum number of Membership Fee payments required shall be determined by the Membership Plan.

3.6  If You fail to pay any Membership Fee on time, You must pay Us a late payment charge of £10 administration.

3.7  We may deny You access to the Club whilst any Membership Fees payable by You or other sums are due and remain outstanding.

3.8  If Your Membership Fees are not paid for a period of more than Two consecutive Months, we may refer the matter to a third party debt collection company.

4. Club Rules

4.1 We will give You a copy of the Membership Rules on request but the current Membership Rules will be available to read at reception at the Club or on Our Website, harbourway.com.

4.2 We only make Membership available to a “Consumer” (as defined in Clause 1 above), and Your application to become a Member will be deemed to be Your confirmation that You are a “Consumer”. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your Membership forthwith by giving you a cancellation notice provided that we refund any membership fees to You paid to us for any period after the date of cancellation.

4.3 You must abide by the Membership Rules at all times when You use the Club and it’s facilities. If You do not, We will be entitled to suspend or terminate Your Membership.

4.4 You are responsible for Your own state of health, physical condition and wellbeing at all times including when joining and during your time at the Club.

4.5 You may only use the equipment and facilities provided by the Club in the correct manner and must not use them in any manner which constitutes a health and safety risk either to You or to others.

4.6 You should not attempt to use any equipment or facilities until a suitably qualified instructor has instructed You in the correct use of the same, by way of a mandatory Gym Induction and Indoor Cycle Induction where these facilities are being used.

4.7 You must be 16yrs of age and over to enter our Gym’s and participate in Classes. (Unless taking part in a scheduled Junior Class).

4.8 If You have any medical condition or are taking any medication which may affect Your ability to exercise or use any equipment or facilities provided by the Club in any way, You must inform Us of it and act in accordance with any instructions provided by Us as a result.

4.9 You must carry a towel with You when using the Gym and Indoor Cycling Studio and should wipe down equipment after use with the provided antibacterial wipes.

4.10 You should not use the Club’s facilities when under the influence of alcohol or illegal drugs.

4.11 You should not use the the Clubs Facilities, ie, Swimming Pools, Gym, Indoor Cycling, Classes, Sauna etc immediately following a heavy meal.

4.12 You should dress appropriately when using the Clubs Facilities. Clean Non-marking Trainers should be worn when using ALL facilities, including the Gym, Classes and Cycling Studio’s, Squash and Tennis Courts etc.

4.13 We do not allow any animals in the Club with the exception of guide dogs. If You require the use of a guide dog, You should inform Us of that when You apply for Membership.

4.14 We do not allow smoking inside the Club. There is one smoking area outside adjacent to the Patio area and is signposted.

5. Gym Equipment and Facilities

5.1 We have all equipment inspected and tested on a Daily/Weekly/Monthly basis.. We have maintenance carried out as required and most of our equipment/machines are on a permanent parts and labour warranty maintenance agreement by the suppliers during our ownership.

5.2 If You become aware of any damaged or defective equipment You should immediately cease using such equipment and inform a member of Our staff.

5.3 We may withdraw Equipment at any time and for any reason including, but not limited to, maintenance, repair and alteration.

5.4 We make equipment and facilities available on a first-come-first-served basis.

5.5 If you have concerns about your physical condition, you must not do strenuous physical activities without first getting medical advice.

5.6 To make sure you get the most from every activity that you do at the club in the safest possible way, you should always make sure that you warm up properly and take time to cool down after your activity.

5.7 You should not take part in any physical activity that you may not be fit for. You are responsible for monitoring your own condition during physical activity.

5.8 You should tell the general manager, a qualified coach or a member of staff when you join about anything that is relevant to your physical condition. You should continue to keep this information up to date throughout your membership.

5.9 You are responsible for monitoring your own physical condition. If you suffer any unusual symptoms, you must immediately stop the activity and tell a health and fitness coach or any other member of staff at the club.

6. Car Parking Facilities

6.1 We provide car parking facilities for Members only and You may only use them when You are using the Club;

6.2 We accept no liability for any loss or damage which may result from Your use of the car parking facilities except if it is due to Our or Our staff’s negligence;

6.3 Membership does not guarantee that a parking space will be available for You to use. Parking spaces are available on a first-come-first-served basis;

7. Classes, Tennis & Squash

7.1 You must book Classes, or Courts in advance using our online booking system. Bookings can be made online via Your members area App, by using our Booking Console at reception by swiping Your membership Card or by
telephoning or asking a member of Staff at Reception, up to 7 days in advance only. No priority is given and places are allocated on a first-come-first-served basis.

7.2 If a class requires specific clothing, footwear, or other items which You must provide, details of the class will specify those requirements. If You do not comply with those requirements, We may not allow You to participate in the class.

7.3 When You attend a class, You must arrive at least 5 minutes before the scheduled time of the class. If You arrive later than this time, You risk losing Your place in the class to another Member even if You have booked it. We are not obliged to allow another Member to take up Your place in that case, but We may in Our discretion allow them to do so. 7.4 If a class involves a warm-up session, and You arrive after the warm-up session has begun, We will not permit You to participate in the class for health and safety reasons.

7.5 If You book a Court and you fail to turn up at your allocated time, we reserve the right at our discretion to allow another member to use that Court after 15 minutes have lapsed without You turning up and You will forfeit Your Booking.

8. Swimming Pools (Indoors and outdoors)

8.1 If You use the Pools, You must observe and obey any and all safety notices posted in and around the Pool areas.

8.2 You are not allowed to use dive sticks, snorkels, masks, fins, flippers, balls, radios, lilos or inflatable’s in the club pools.

8.3 For health and hygiene reasons, you must make sure you and your children shower and use the toilet before entering the pools.

8.4 Children aged three and under must wear swimming nappies.

8.5 You must store all outdoor clothing and personal items in the lockers provided in the changing areas for the Indoor Pool.

8.6 Clothing must not be left in changing cubicles whilst swimming.

8.7 You must shower before entering both Pools.

8.8 Swimmers under the age of 14 yrs (“children” for the purposes of this Clause) must be accompanied by an adult at poolside or/and in the Pools and when they enter the pool and pool areas. Children under the age of 8 years must be accompanied IN the pools by an adult parent or guardian. No more than 3 children may be supervised in the pools by one adult unless by prior arrangement with Us.

8.9 You may not use any electronic equipment including, but not limited to cameras and mobile telephones, in the pool areas without Our prior authorisation.

8.10 If You use the pools, You must obey all signage and instructions given by the staff or Coaches or Lifeguard (if and when on duty).

8.11 Our pools are not lifeguarded. You use the pools at Your own risk.

8.12 You must not use the pool when under the influence of alcohol or illegal drugs.

8.13 You should not use the pool immediately following a meal or drink such as a milkshake, smoothie etc.

8.14 No drinking glasses may be taken into our pool areas.

8.15 You or Your children should not use our pools if You or they have had
diarrhoea or sickness in the last 7 days.

8.16 We may reserve the pool at certain times for adult-only swimming, aquaaerobics classes, lessons or children’s activities.

8.17 You should not use the sauna for longer than the recommended time

9. General Health and Safety

9.1 To protect the safety of all members and guests, you must pay particular attention to all signs relating to health and safety in our clubs. If you do not understand a notice or sign please ask one of our team members at the club.

9.2 No food or drink to be consumed on our premises unless purchased on our premises. We do not allow “picnics” in our outside areas or outside pool areas unless these are authorised items of food and drink purchased at the Club.

9.3 Fire exits are clearly marked throughout the club. If there is a fire or if you hear the fire alarm, you should make your way out of the club through the nearest possible exit to the advertised assembly point in the car park.

9.4 If you suffer an accident or injury on our premises, you must report it and the circumstances under which it happened to the manager/staff member on duty immediately.

9.5 While you are at the club, we expect you to behave appropriately, respectfully and politely, and dress appropriately at all times. We can prevent you from entering the club or ask you to leave if we think that your behaviour or appearance is not suitable.

9.6 You should not use the club if you have an infectious illness or condition.

9.7 For your safety, when using the racquet, gym and class facilities, you must wear appropriate footwear for the playing surface or facility you are using (for example, non-marking, clean tennis shoes or trainers which are appropriate for each sport or exercise).

9.8  Children aged 15 or under must be supervised and accompanied at all times on the Club premises by an adult parent or guardian member. They may not be left at the Club unaccompanied.

9.9 You must not bring your children into the Club if they have an infectious illness or condition.

9.10 Children aged eight or over must use the men’s or women’s changing rooms, according to their sex.

9.11 Children aged 15 or under must not use the sauna.

9.12 Children aged 15 or under may use the gym only when there is an organised activity for them.

9.13 Photographs and Video’s

9.14 You may take photographs and video recordings in the club for your own personal use provided that you keep to these rules and any extra rules displayed at the club.

9.15 You must not take photographs or videos of any children under 18 other than your own.

9.16 Anyone who appears in your photographs or videos must be aware that you are filming them and you must get their permission first.

9.17 You must not take photographs or video recordings in a changing area, pool, sauna, toilet, children’s play areas etc.

9.18 If another member is unhappy that you are filming them and makes a complaint to us, we may ask you to show us any images which you have taken in the club and to delete them if appropriate. If a member of our team asks you to stop filming or taking photographs you must do so

9.19 CCTV

9.20 We are operating a cctv system in certain areas of the Club for your personal safety, security and crime prevention and also to record incidents that may need investigating. By becoming a Member of the Club you are accepting that at times your images may be being recorded for the above purposes only.

10. Limitation of Liability

10.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.

10.2 The proprietors reserve the right to close certain areas of the Club or take certain Facilities temporarily out of commission to enable remedial or refurbishment works to be completed. Wherever possible, prior notice will be given and works and down time will be kept to a minimum. The Club will not adjust membership fees during these times.

10.3 We only provide or sell all facilities and/or services to You as a Consumer for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We provide or sell are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

10.4 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

10.5 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

10.5.1 the Consumer Rights Act 2015;

10.5.2 the Regulations;

10.5.3 the Consumer Protection Act 1987; or

10.5.4 any other consumer protection legislation as that legislation is amended from time to time. For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

11. Changes to Terms and Conditions

We may, from time to time, change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.

12. How We Use Your Personal Information (Data Protection)

12.1 In so far as establishing, maintaining and ending Your Membership and providing facilities and services to You involves Us in collecting, using, or holding or otherwise processing any Data obtained from You which is personal data (including, but not limited to, Your name and address), We shall only do so with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Legislation and Your rights under that Data Protection Legislation and these Terms and Conditions.

12.2 We may use Your personal information as follows:

12.2.1 To establish, maintain and end Your Membership and provide Our facilities and services to You;

12.2.2 To process Your payment for the facilities and services;

12.2.3 We will not pass on Your personal information to any other third parties without first obtaining Your express permission.

12.2.4 Our full Members Data Privacy policy is available upon request at the Club Reception and Notice board and on our website harbourway.com.

13. Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your application for Membership) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your application for Membership. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

14. Information As required by the Regulations:

14.1 all of the information described in Clause 13; and

14.2 any other information which We give to You about any Membership, facilities, services or the Club which You take into account when deciding to make an application for Membership or when making any other decision about the facilities or services will be part of the terms of Our contract with You as a Consumer.

15. Complaints

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our facilities, services or any other complaint about the Club or any of Our staff, please raise the matter with THE CLUB MANAGER OR PROPRIETOR who can be contacted at the Club Reception or by telephone on 01243 514229 or by email contact@harbourway.com.

16. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

17. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

18. Law and Jurisdiction

18.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England, Wales, Scotland or Northern Ireland.

18.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

 

Last Revised April 2018