Booking terms.

Booking Terms (September 2020)

1. Definitions
1.1. In these Booking Terms:
1.1.1. Block Pass means a pass that entitles a Customer to attend specified number of standard Classes of up to 60minutes before the expiry date of the pass, not including one-off classes of more than 60 minutes;
1.1.2. Booking Terms means these booking terms;
1.1.3. Class means any class or other event provided by or on behalf of PedalHouse at the Studios;
1.1.4. Class Pass means a pass that entitles a Customer to attend the number of Classes purchased with the pass before the expiry date of the pass and includes a One Class Pass, a Block Pass, and Speciality Pass;
1.1.5. Standard Class Pass means a One Class Pass or a Block Pass;
1.1.6. One Class Pass means a Class Pass that entitles a Customer to attend a single standard Class of up to 60 minutes and before the expiry date of the pass, not including one-off classes of more than 60 minutes;
1.1.7. PedalHouse means PedalHouse Trading Limited, Company Number SC488779 having a place of business at 5-6 Conference Square, Edinburgh EH3 8RA and having its registered office at 1-4 Atholl Crescent, Edinburgh EH3 8HA;
1.1.8. CustomerCustomer or “you” means any person that has completed a Registration Form which has been accepted by PedalHouse and has not expired;
1.1.9. Registration Form means the registration and/or application form completed by a Customer whether electronically or otherwise;
1.1.10. Speciality Pass means a Class Pass that entitles the Customer to attend a non standard class or a one off class of more than 60 minutes duration;
1.1.11. Studios means the PedalHouse studio at 5-6 Conference Square, Edinburgh, EH3 8RA and any of PedalHouse's studios as published on the Website from time to time; and
1.1.12. Website means www.pedalhousedinburgh.com.
1.2. These Booking Terms form part of the Registration Form and participation in any Class is subject to these Booking Terms as amended from time to time.
1.3. PedalHouse reserves the right to vary and revoke these Booking Terms from time to time. Any such changes will be published on the Website and, until revoked, are binding on Customers.

2. Customers
2.1. Subject to condition 2.2, when a person has completed a Registration Form and purchased a Pass they will become a Customer and subject to these Booking Terms. PedalHouse reserves the right to accept or decline any person as a Customer in its absolute discretion.
2.2. PedalHouse reserves the right to remove from the Studios any Customer whose conduct is or may be, in PedalHouse's reasonable opinion, damaging to the character of the Studios or amounts to a breach of these Booking Terms or where it is otherwise in the interests of the other Customers. Any Customer so removed shall have his or her registration revoked and any unused Class Pass or part of a Class Pass purchased by that Customer will be refunded on a pro rata basis. No further attendance will be permitted.

3. Booking Classes
3.1. In order to book a Class, you must first purchase a Class Pass or pay for a single class at the drop-in price online using the Website. Cash payments at the Studios will only permitted in PedalHouse’s absolute discretion. Class Passes will expire according to the published pricing policy at the time of purchase and future prices are subject to change. The date of purchase of the Class Pass is the date from which the date of expiry will be calculated.
3.2. Standard Class Passes are redeemable on any regular Class of up to 60 Minutes duration but are not redeemable for one off speciality Classes and these must purchased separately.
3.3. During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed. Your credit/debit card will be charged for your Class Pass order when you submit your order. Please note that we or the third parties we use for payment processing may collect and store your information, using an encrypted secure payment mechanism. We will only use your information in accordance with our Privacy Policy. You may also be subject to the terms of use and privacy policy of that third party payment processor. All card payments are subject to authorisation by your card issuer. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated.
3.4. Classes can be booked up to seven days in advance or earlier at PedalHouse’s discretion. Whilst every effort has been made to ensure the accuracy of the class programme, PedalHouse reserves the right to cancel or re-schedule classes after publication and at short notice. The programme may be amended during public holidays.
3.5. Any Class Pass must only be used by the person in whose name the Class Pass was purchased and breach of this condition will entitle PedalHouse to cancel of the Class Pass without refund and cancel the relevant Customer’s Registration.
3.6. If a Class is showing as full on the online booking system, the Customer will be invited to join a waitlist. If the Customer joins the waitlist and a place becomes available in the Class, then the Customer will be notified by the booking system and have a period of 30 minutes to accept the place. If a Customer is added to a Class via the waitlist then these Booking Terms apply as if the Customer had booked into the Class online. A Customer can remove themselves from the waitlist via the Website.
3.7. Customer accounts and Class bookings are provided by TeamUp Sports Inc though its online booking software. By accepting these Booking Terms and completing a Registration Form, Customers accept the terms applicable to use of TeamUp’s software platform. These will be available to Customer’s to review on registration and whenever a Customer accesses the TeamUp booking system.

4. Cancellation policy and refunds
4.1. In order to cancel a Class booking and return it to your account, you must cancel within 24 hours prior to the Class start time, subject to a night time black out between 12am and 5am.
Once a Customer has cancelled before the24 hour cut-off (subject to the nightly blackout period between 12am and 5am which will be added to the 24 hour cut-off if applicable) , the class will be returned to the relevant Class Pass to be used at a future date prior to expiry of the Class Pass or any cash payment made for the specific Class will be refunded. If a Customer has not cancelled a Class booking by 24 hours (subject to the nightly blackout period) prior to the Class start time, your scheduled class will be charged to your Class Pass if you booked with a Class Pass and that Class Pass will not be refunded and where you have made a cash or card payment for a Class at a drop in price no refund will be made.
4.2. You can cancel your booking by logging into your account and cancelling.
4.3. No Customer will be be admitted late to a Class without the permission of the instructor.
4.4. If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.
4.5. Subject to any statutory right of cancellation, payments for Class Passes or Classes are non-refundable unless otherwise stated in these Booking Terms.
4.6 If you change your mind about any products purchased from us, you may return them to any of our Studios within 14 days with your receipt and we will give you a full refund provided that the products are unused and are not damaged. This does not affect your statutory rights as a consumer.

5. Limitation of Liability
5.1. The Customer agrees that:
5.1.1. PedalHouse, its employees, agents or sub-contractors are not liable for any loss, damage or theft of any property (including bicycles or personal belongings) belonging to, or brought onto or left outside the Studio or any PedalHouse premises by the Customer or any guest of the Customer, unless, subject to condition 5.1.3 that loss, damage or theft was caused by negligence of PedalHouse, or its employees, agents or sub-contractors;
5.1.2. Vehicles, bicycles and their contents, parked or locked up on or outside the Studio or any PedalHouse premises are left at the owner’s risk and PedalHouse does not accept liability for loss, damage or theft unless, subject to condition 5.1.3, that loss, damage or theft was caused by negligence of PedalHouse or its employees, agents or sub-contractors;
5.1.3. Where loss or damage to property including vehicles, and/or their contents, brought onto PedalHouse’s premises is caused by the negligence of PedalHouse or its employees, agents or sub-contractors, PedalHouse’s liability shall be limited to £500 (for any one incident); and
5.1.4. Neither PedalHouse, nor its employees or agents or sub-contractors will be liable for any death, personal injury or illness occurring at the Studio or at or in any PedalHouse premises or as a result of the use of the facilities and/or equipment provided by PedalHouse, except to the extent that such death, personal injury or illness arises from any negligent act or omission of PedalHouse or its employees, agents or sub-contractors.
5.2.5. Without prejudice to condition 4.1.3, it is the Customer's responsibility to ensure that, in accordance with condition 6, his or her physical condition is appropriate for participating in Classes and to ensure that he or she correctly operates or uses any facilities and/or equipment provided by PedalHouse, including the adjustment of levels or settings on any bike, rowing machine or other equipment. If the Customer is in any doubt as to how to correctly operate any equipment he or she should consult a member of staff before use.

6. Health and Safety of Customers
6.1. Customers must at all times comply with PedalHouse's guidelines which may be notified to them from time to time including but not limited to our COVID-19 policy and are requested to comply with any reasonable directions which the management of the Studios may issue to ensure the safety of the Customers and the smooth operation of the Studios for the convenience of all Customers.
6.2. All the Classes including any indoor cycling and/or indoor rowing classes, fitness classes, running classes and events involve intensive exercise. Each Customer agrees to familiarise themselves with what Classes involve prior to assessing whether they are fit to participate in a Class. Customers should refer to the Website or speak to a member of staff for further information.
6.3. Each Customer warrants and represents on the date of their acceptance of these Booking Terms and on each occasion that the Customer participates in a Class that the Customer is in an appropriate physical condition to participate in Classes and that the Customer knows of no medical or other condition why the Customer is not capable of engaging in the Class or exercises provided by PedalHouse and that such Class or exercises would not be detrimental to the Customer's health, safety or physical condition. By attending our Classes and/or using our Studios, Customers hereby irrevocably agree that there are risks and dangers in such participation and utilization. Each Customer accepts and is aware that there are inherent risks associated with physical activity by participating in the Classes and/or using the Studios. Some of these risks cannot be eliminated irrespective of the care taken to avoid injuries. The specific risks may vary depending on the nature of the activity, but are categorized below:
• minor injuries including but not limited to scratches, bruises and sprains;
• major injuries including but not limited to eye injury or loss of sight, joint or back injuries, heart attacks and concussions;
• catastrophic injuries including but not limited to paralysis and death;
Customers should also be aware that continual or long-term exposure to amplified music carries risks that may include but are not limited to a risk of hearing damage and epilepsy. Notwithstanding the terms of this clause 6.3, ear plugs are available free of charge at our Studios
6.4. Customers acknowledge and agree that PedalHouse staff are not medically trained and are therefore not qualified to assess whether the Customer is in appropriate physical condition and/or whether the Customer can engage in any exercise without detriment to the Customer's health, safety, comfort or physical condition.
6.5. Customers are advised not to undertake any physical activities without first seeking medical advice if they have concerns over their physical condition. PedalHouse reserves the right to refuse access to any Customer if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of PedalHouse's facilities.
6.6. Customers shall not use PedalHouse's facilities if they are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of the other Customers. Customers should consult their doctor and must notify PedalHouse of any circumstances affecting their health which may impact their ability to safely participate in a Class. Customers must discontinue any Class at any time should they experience any excessive discomfort, dizziness, lightheadedness, muscle or joint pain, chest pain, difficulty in breathing, or any other reason and must report this to PedalHouse.
6.7. Customers must wear appropriate clothing and footwear for participation in a Class. Customers must bring water to each class. It is each Customer’s responsibility to eat correctly before and after Classes and to stay hydrated throughout the day before, during and after attending a Class.
6.8. Customers are required to follow the instructions of the instructor at all times.
6.9. Fire exits, which are clearly marked, are there in the interests of safety and Customers must not interfere with these doors for any reason.
6.10. Children under the age of 18 may not attend Classes.

7. General
7.1. Details of Class times at the Studios may vary from time to time and are published on the Website. PedalHouse reserves the right to change Class times or cancel Classes at its discretion, and will endeavour to give Customers notice of such changes as is reasonably practicable. PedalHouse may at any time withdraw all or part of its facilities or Classes for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond its control.
7.2. Customers are required to give written notice to PedalHouse of any change of address or email for a Customer’s account.
7.3. Customers acknowledge that we may take photographs inside the Studio and/or during Class at any time, such photographs to be used for promotional purposes. We will remove any photograph of a Customer from our websites or elsewhere on request.
7.4.PedalHouse may assign the benefit of the Registration Form and a Customer's registration to a third party at any time without notice to the Customer.
7.5. A person who is not a party to the Booking Terms has no rights to rely upon or enforce any term of them.
7.6. These Booking Terms (including the documents referred to in it) and any disputes arising from or relating to them shall be governed by the laws of Scotland and subject to the exclusive jurisdiction of the Scottish courts. However, if you are a consumer and a resident of Northern Ireland you may also bring proceedings in Northern Ireland, or if you are a consumer and resident of England, you may also bring proceedings in England.