Terms & Conditions of Supply

  1. These terms

    • What these terms cover. These are the terms and conditions on which we supply our services.
    • What our terms also include. The following sets out the terms on which we will provide our services to you:
      • These terms and conditions;
      • Child Safeguarding Statement;
      • Complaints Policy;
      • Administration of Medicine Policy;
      • Fire Safety Policy;
      • Behaviour Policy Child Protection Policy;
      • Policy on Managing Behaviour;
      • Policy for the Dropping and Collection of Children;
      • Policy on Infection Control;
      • Any new policies we introduce and communicate to you;
      • Any updates or amendments made by us to the documents referred to above.
    • Why you should read them. Please read these terms carefully before you accept and engage our services. These terms tell you who we are, how we will provide the 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

    • Who we are. We are Club Spraoi Limited registered in the Republic of Ireland. Our company registration number is 565030 and our registered office is at 11 Rosemount, Herons Wood, Carrigaline, Cork, P43 Y076.
    • How to contact us. You can contact us by telephoning our customer service team at 086379 1010 or by writing to us at info@clubspraoi.ie
    • 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.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

  3. Our contract with you

    • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services, or because required personnel are unavailable.

  4. Our rights to make changes

    • Minor changes to the services. We may change the services:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the

  1. Our rights to end the contract

    • We may suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to resulting in an overdue balance on your account. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments.

  2. Your rights to end the contract

    • You can always end your contract with us.
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2; and
      • If you have just changed your mind about the service, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided. The reasons are:
      • we have told you about an upcoming change to the services or these terms which you do not agree to;
      • 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;
      • there is a risk that supply of the services may be significantly delayed because of events outside our control;
      • we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
      • you have a legal right to end the contract because of something we have done wrong.
    • Exercising your right to change your mind European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (the “Regulations”). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Regulations, are explained in more detail
      • If you have ordered our service but we have not yet started to work for you, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return any money due to you.
      • If you want us to start work before 14 days has passed, you can opt out of your cancellation right. To do that you have to instruct us to start your work as soon as we can. We have provided a form and a full explanation of the procedure at the end of this document.
      • If you have ordered our service and we have started to work for you, you may cancel your order without giving a reason, at any time within 14 days of your order. You must tell us that you wish to cancel. However, If you do so, you will owe us for work done to the date of cancellation and any money spent on your behalf.
    • In any of the above circumstances, we will return any money due to you within 14 days.
    • Free services (if any) are not covered by the Regulations.

  3. How to end the contract with us (including if you have changed your mind)

    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Phone or email. Call customer services on 086-3791010 or email us at info@clubspraoi.ie . Please provide your name, home address, details of the order and, where available, your phone number and email address.
      • By post or email. Send us the Model Cancellation Form at Schedule 1 by post at the address on the form or send the Model Cancellation Form by email to info@clubspraoi.ie . Or simply write to us at that address or email address, including details of what you bought, when you ordered the service and your name and address.
    • When your refund will be made. We will make any refunds due to you as soon as

  4. If there is a problem with the services

    • How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 086-3791010 or write to us at info@clubspraoi.ie. Our Complaints Policy sets out how we handle complaints.
    • Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights.

  5. Charges

    • In consideration of us providing the services you must pay our charges (Charges) in accordance with this
    • The Charges are the prices quoted on our site at the time you submit your order.
    • If you wish to change the scope of the services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
    • We use best efforts to ensure that the prices stated for the services are correct at the time when the relevant information was entered into the system. However, please see clause 6 for what happens if we discover an error in the price of the services you ordered.
    • We reserve the right to increase the Charges on an annual basis.
    • It is always possible that, despite our best efforts, some of the services on our site may be incorrectly priced. If the correct price for the services is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the services and refund you any sums you have paid.

  6. How to pay

    • Payment for the services is in advance. We will take your first payment upon acceptance of your order and will take subsequent payments weekly in advance.
    • Bookings less than 4 weeks. For booking of less than 4 weeks payment must be made in advance.
    • Bookings of 4 weeks or more. For booking of 4 weeks or more, you must pay for the first week at the time of placing the order and each subsequent week thereafter. You will receive three reminder emails to pay for the upcoming week as follows:
      • First reminder. The first reminder is sent on the Monday of the week before instructing payment to be made by Friday at 4pm;
      • Second reminder. The second reminder is sent on the Wednesday of the week before instructing payment to be made by Friday at 4pm; and
      • Final reminder. The final reminder is sent on the Friday morning of the week before instructing payment to be made by 4pm.
    • Failure to pay for sessions in advance. Where you fail to make payment in advance for the upcoming sessions in accordance with clause 10.3 the sessions for the subsequent week will be cancelled. Sessions that are booked for subsequent weeks will remain, unless you also fail to follow the procedure set out in 10.3 in relation to those sessions. Following the automatic cancellation of bookings as clause 10.3, subsequent rebooking of any sessions are subject to availability and will incur a late booking fee where sessions are booked less than 5 days in advance.
    • We will send you an electronic receipt within seven days of the beginning of the month following payment. For any failed or cancelled payments.

  7. Cancellations, Alterations and Extensions

    • Cancellations by you. You may cancel an order without charge if you give us at least 24 hours’ notice of the cancellation prior to the start of the session in question, and if you do so we will provide you a credit refund equivalent to the monetary sum you paid in advance. Please note that if you decide to cancel the session in accordance with this clause, it is essential that you notify us that your child is not attending the session by emailing us as at info@clubspraoi.ieWhere you fail to notify us, we will assume that the child will be attendance at the session and will use our best efforts to locate that child, including but not limited to: phoning the parents; searching the school and the school grounds; speaking to a representative of the school and alerting the Gardai where necessary. Failure to notify us of child’s non-attendance in accordance with this clause will incur a fee of €10.00 which shall be payable by you on demand.
    • Alterations by you. You may reasonably alter your session time if you give us at least 24 hours’ notice of the alteration prior to the start of the session in question, and if you do so we will provide you a pro rata credit refund equivalent to unused proportion of the monetary sum you paid in advance.
    • If you do not give us at least 24 hours’ notice of the cancellation prior to the start of the session in question, you will not be entitled to receive a credit refund.
    • Extensions by you. Should you require your child’s session to be extended you may do so, by contacting us at 086-3791010 within 1 hour of the end of your child’s session. You must inform us of the time you expect to collect your child. The additional charges for this service will be invoiced that day and payable by you within 24 hours of invoice. The charge to extend a session will be €6.00 per hour or part thereof. For example, where a child is booked into a session from 13:10 to 15:10 and we agree to extend the session with the child being collected at 16:40 the charge for the extension of the session will be €12.00 (€6.00 per hour or part thereof, following a 10-minute grace period). Extension of your child’s sessions is always subject to our prior consent, the availability of the required personnel and our Closing Time.
    • Early Closure by School. Where the school closes earlier than scheduled, we will use reasonable endeavours to accommodate the additional time required by the child at Club Spraoi. You will be charged at our standard rates for this additional time. The charges will be applied to your Club Spraoi account.
    • Cancellations by us where you are entitled to a refund. We may cancel a session booked by you at any time before the time and date of that session in the following circumstances:
      • where the required personnel and/or required materials necessary for the provision of the services are not available; or
      • where the minimum attendance levels or not achieved in accordance with clause 13.
    • If we cancel an appointment in such circumstances as set out in 11.6 above, we will refund to you a credit refund equivalent to the monetary sum you paid in advance.
    • Cancellations by us where you are not entitled to a refund. We may cancel a session booked by you at any time before the time and date of that session in the following circumstances where we are forced to close due to:
      • an event outside of our reasonable control;
      • bad weather;
      • power cuts; or
      • Governmental order.
    • If we cancel an appointment in such circumstances as set out in 11.8 above you are not entitled to a refund effective for periods of up to a maximum of 5 days.

  8. Late Collection Fees

    • Where your child is collected more than 10 minutes after the end of the booked session you will be charged for that hour and every subsequent hour thereafter. The additional charges will be applied to your Club Spraoi account. You will receive an email notification setting out the additional charges and how payment can be made.
    • Where your child is collected after 18:15 (“Closing Time”), you will be automatically charged €5.00 per every 10 minutes you are late collecting the child past closing time. The additional charges will be applied to your Club Spraoi account. You will receive an email notification setting out the additional charges and how payment can be made.
    • The charges referred to at 12.1 and 12.2 above will be invoiced to you for payment and payable by no later than the Friday of the week in question and no further services can be availed of until these charges have been paid.

  9. Attendance Levels

We reserve the right to increase or decrease the attendance capacity. Where we do not meet the minimum attendance levels required to run a session, we reserve the right to cancel the session in question.

  1. Child Protection

On booking, you as the parent or guardian accept that the child may participate in our activities.

  1. Food and Drink

We provide meals through a set menu. We encourage healthy eating. Please notify us of any special dietary requirements or allergies and ensure that we are kept fully informed of any changes to such dietary requirements or allergies.

  1. Exclusions

    • We reserve the right to refuse or exclude any individual, at any time prior to or during the delivery of the services if, in our opinion, that individual is incompatible with the general wellbeing and safe running of the services. In this instance, no refund will be given, and any costs incurred, including any damage, will be passed onto the individual’s parent or guardian. Parents/guardians will be responsible for the collection of the individual or for all transport costs in connection with that individual returning to their home address.
    • The following examples of behaviour may underline our decision to exclude a child from the sessions:
      • Any incident which poses a risk to other children or members of our staff e.g. bringing a weapon to a session;
      • Any incident that breaches the law;
      • Persistent and severe bullying;
      • Verbal and physical abuse;
      • Constant disruption; and
      • A single serious and major incident, e.g. a serious assault on another individual leading to injury.
    • We will apply the civil standard of standard of proof when responding to the facts relating to the exclusion, i.e. that “on the balance of probabilities” it is more likely than not that the facts are true.
    • Following our decision to exclude a child we will immediately inform the parents, in person or by telephone of:
      • the reasons behind the exclusion;
      • the length of the exclusion, or in the case of a permanent exclusion, the fact that it is permanent;
      • their right to make representations to us setting out their justifications for the exclusion not to apply.
    • For further information on exclusions please refer to our Behaviour Management Policy.

  2. Electronic Devices

Children are not permitted to bring electronic devices, including mobile phones to the sessions. Should you require to speak with the child during a session we have access to a mobile phone and tablet. Parents are asked to contact Club Spraoi at 086- 3791010, should they wish to speak to their child.

  1. Concerns or Complaints

    • Should you have any concerns regarding your child’s time with us, please in the first instance discuss the issue or concern with the us. If you are not satisfied with the action taken, please contact the manager at info@clubspraoi.ie.
    • Any complaint regarding any aspect of our services must be made in writing no later than 72 hours after the incident giving rise to the complaint. We will investigate your concerns and will respond within ten working days.

  2. Our responsibility for loss or damage suffered by you

    • 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 during the sales process.
    • 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 match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.

  3. How we may use your personal information

    • How we may use your personal information. We will only use personal information as set out in our privacy policy.

  4. Other important terms

    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • 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.
    • 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 and it will not 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.
    • Which laws apply to this contract and where you may bring legal proceedings. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of Ireland and you agree that any dispute arising from it shall be litigated only in the Republic of Ireland.

 

 

SCHEDULE 1

Notice of right of cancellation: Right to Cancel and Model Cancellation Form

Information about your statutory right to cancel

Your right to cancel

Under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have engaged our services.

Exception when you opt out

Before we agree to provide our service, we therefore ask that you give up your right to cancel, as the law allows. If you do not agree, we shall not work for you.

If you confirm acceptance our contractual terms and conditions you:

  • confirm that you want us to supply the Service before the expiry of 14 days;
  • accept that you will lose your right to cancel the contract; and
  • understand that your agreement is a term of the contract between us.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.

You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.

Model cancellation form

To, Club Spraoi Limited a company registered in Ireland, number 565030:

I/We hereby give notice that I/we cancel my/our contract of sale of the following services [enter details of services and any reference].

Ordered on [date],

Name:

Address:,

Signature: (only if this form is notified on paper)

Date: