TERMS & CONDITIONS
1. Definitions and interpretation
1.1. “KSG” means Kinetic Sports Group Limited incorporated in England and Wales (registered company number 10312413) whose registered office is: Unit 7, Yalberton Tor Industrial Estate, Alders Way, Paignton, Devon, TQ4 7QN.
1.2. “Holiday Camp(s)” means the daily sports and activity programme provided by KSG during the School Holiday Period as detailed on the Website;
1.3. “Booking/Booked” any booking made by You for a child/children to attend a Holiday Camp;
1.4. “Booking Email” means an email from KSG to You detailing Your booking;
1.5. “Fee(s)” means the amount payable by You for your child(ren)s attendance at the Holiday Camps;
1.6. “Late Collection Fee” means £5 for every 15 minutes a child(ren) is not collected after the pre-booked time;
1.7. “Intellectual Property” means any and all copyright, database rights, rights in respect of confidential information and all other intellectual property rights in relation to the Services;
1.8. “Holiday Period” means any school holiday period during which KSG offer Holiday Camps;
1.9. “Offers” means any discounts, vouchers or other offers provided by KSG as detailed on the Website or in the Promotional Material;
1.10. “Venue” means the location at which KSG is providing a Holiday Camp and upon which You have Booked a child to attend;
1.11. “Standard Rate” means the price payable for attendance at the Holiday Camps as advertised on the Website from time to time.
1.12. “Parties” means KSG and You;
1.13. “Promotional Material” means any literature or material provided by KSG detailing the Holiday Camps;
1.14. “Terms" means all of the terms in all of the sections of these Terms and Conditions;
1.15. “You/Your” means the person making a Booking;
1.16. “Website” means the website of KSG which provide details of the Holiday Camps available, booking information, KSG contact details and other information;
1.17. words importing any gender include every gender;
1.18. words importing the singular number include the plural number and vice versa;
1.19. words importing persons include firms, companies and corporations and vice versa;
1.20. references to numbered clauses and schedules are references to the relevant clause in or schedule to these Terms;
1.21. reference in any schedule to these Terms to numbered paragraphs relate to the numbered paragraphs of that schedule;
1.22. any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
1.23. the headings to the clauses, schedules and paragraphs of these Terms are not to affect the interpretation;
1.24. any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment; and
1.25. where the word 'including' is used in these Terms, it shall be understood as meaning 'including without limitation'.
2. Acceptance of Terms and Conditions
You will be deemed to have accepted and agreed to these Terms which will prevail over any other terms put forward by KSG at the time You make a Booking and the application of these Terms will commence on the date of Your Booking.
3. Booking
3.1. All bookings must be made using the booking form on the Website or unless otherwise agreed between the Parties.
3.2. Following receipt of your Booking, KSG will send You a Booking Email. Please ensure that your email address is supplied correctly at the time of Your Booking otherwise KSG will be unable to send the Booking Email and Your child(ren)s place on Your chosen Holiday Camp(s) may not be guaranteed.
3.3. Upon receipt of the Booking Email, You must check this carefully to ensure the information contained within it (such as the dates and location booked and Your child(ren)s details are correct). If any information contained within the Booking Confirmation is incorrect You must inform KSG within 7 days of receipt of Your Booking Email and KSG will use all reasonable endeavours to make any changes required.
3.4. If You do not advise us within 7 days of receipt of the Booking Email of any inaccuracies, KSG shall assume that the information contained within the Booking Email is correct and any changes or cancellation after this date shall be subject to the Changes and Cancellation terms as set out in these Terms.
3.5. If You have not received Your Booking Email from KSG within 48 hours of making Your booking please contact KSG on the contact details for KSG as provided on the Website.
3.6. Please note that receipt of a Booking Email from KSG does not constitute KSG's acceptance and confirmation of Your booking. Your booking will only be confirmed once You have paid for Your booking in full.
4. Fee(s) and Payment
4.1. All Fees and any Offer available to You are detailed on the Website and any Promotional Material. Where there is a difference between what is stated on the Website and any Promotional Material, information stated on the Website will prevail.
4.2. The amount to be paid by you will be detailed at the time of Booking.
4.3. KSG accept payment via debit card and PayPal through the website.
4.4. If You are booking onto a HAF camp, you are confirming that the child is eligible under the HAF scheme. Local authorities will confirm that Your child's HAF code is valid and if the criteria is not met You are liable for the full payment of the Active Camp booking.
4.5. If KSG agrees to accept payment on the day walk on bookings at a Site, payment is only accepted in the form of cash.
4.6. If KSG agrees a payment plan with You, You must adhere to the terms of that plan. If you do not than KSG reserves the right to cancel Your Booking immediately.
5. Late Collection
5.1. You must ensure You collect Your child(ren) promptly at their pre-booked collection time.
5.2. If You do not collect Your child(ren)promptly then KSG reserves the right to charge the Late Collection Fee.
5.3. Please note if You do not pay the Late Collection Fee as required then KSG reserves the right to cancel Your future Booking.
5.4. Please note that the latest pick up time is assigned to your child's booking. If you are delayed beyond this time KSG will try contacting you using your contact numbers. After that KSG are required to notify Social Services of any children still on site.
6. Changes to your booking
6.1. Changes to Your Booking can be made up to the 14 days prior to the first start date as detailed in Your Booking.
6.2. If You wish to make any changes less than 14 days prior to the first start date as detailed in Your Booking, KSG reserves the right to charge You a £5 administration fee.
6.3. Any requested changes are subject to availability and KSG’s acceptance.
6.4. If You wish to make any changes to Your Booking You must do so over the telephone. KSG's contact details can be found on the Website. Please note that leaving a telephone message or voicemail or sending an email will not mean that Your Booking has been changed. Any changes will only be accepted and made once You have spoken to a representative of KSG on the telephone and they have confirmed the amendment.
6.5. KSG reserves the right to modify a programme due to adverse weather conditions, low attendance or other unforeseen circumstances on the day. If any such changes are made by KSG this will not automatically give rise to any entitlement to a refund.
7. Cancellations
7.1. If You wish to cancel a booking up to 21 days before the date of the first day of Your Booking, KSG will refund all monies for the dates you wish to cancel subject to the following:
7.1.2. Please allow 10 working days for KSG to process refunds.
7.2. If You cancel less than 21 days before the first start date as detailed in Your Booking You will not be entitled to a refund, but KSG may (at its discretion) place a credit in your name for our Holiday Camps account for use against future bookings.
KSG reserves the right to cancel sessions in advance due to low registration numbers, forecast adverse weather conditions or any other unforeseen circumstances. If this does occur we will offer alternative arrangements that might include an alternative activity, date or venue.
8. Promotional Material
8.1. All information set out in the Promotional Material is correct at the time of printing. However, changes may occur. If this does happen KSG will use reasonable endeavours to advise You of any changes as soon as possible. Any changes will be detailed on the Website.
8.2. Please note that not every activity pictured on the Website or Promotional Material is available at every venue or Holiday Period.
9. Information
9.1. It is vitally important that when You make Your Booking, You provide us with full and accurate information about the child(ren) for whom You are making the Booking.
9.2. Any information You provide must include full details of any medical requirements, allergies, physical or behavioural matters, special needs and any other additional needs.
9.3. If You do not provide us with full and accurate information then KSG reserves the right to exclude the child from any part of the Holiday Camp they are attending. If this is deemed necessary, then no refund will be given by KSG unless agreed otherwise between the Parties.
9.4. When You drop off a child at their first Holiday Camp session You must let KSG know if there have been any changes in the child’s medical status since You provided information as part of Your Booking.
9.5. Where a child requires regular medication, or emergency response medication such as an epi-pen or inhaler, You will be required to fill in and sign a medical form when You drop off the child at their first Holiday Camp session.
9.6. If there are any changes in a child(ren)’s health or medical condition during their attendance at an Holiday Camp, You must inform KSG immediately so the relevant accommodations can be made or appropriate action taken.
9.7. KSG has a responsibility for ensuring the well-being and safety of all children in our care and have approved procedures for managing behaviour. The company follows a zero tolerance policy on discrimination, bullying and persistent poor behaviour of any kind, irrespective of any special needs. On rare occasions, and in more serious cases, we reserve the right to ask You to remove the child(ren) from an Holiday Camp either for the remainder of the day (part exclusion), or for the rest of the holiday period booked (full exclusion). No refund will be made for any remaining days booked, and any costs associated with the exclusion will be the parents’ responsibility. You will be expected to come and collect your child.
10. Personal Property
10.1. Neither KSG nor any of its staff, nor persons involved with or related to KSG accepts liability for any losses or damage to personal belongings.
10.2. The carrying and use of mobile telephones, tablets, games consoles and social media by attendees are strictly prohibited at KSG. If a child is found to be carrying such items KSG reserves the right to confiscate it until the end of the session.
11. Complaints procedure
11.1. KSG complaints procedure is set out on the Website.
11.2. If You do have any concerns, please speak to a member of staff at the Site who will attempt to resolve the matter for You. Alternatively, please contact KSG’s offices direct on the contact details given on the Website or Promotional Material to discuss Your concerns.
12. Liability
12.1. KSG will use reasonable endeavours to avoid injuries being suffered by those attending Holiday Camps. However, due to the nature of some of the activities undertaken by attendees there is an inherent risk of injury for those participating in Holiday Camps.
12.2. By making a Booking and payment You confirm that you are the parent or guardian of the child(ren) who are the subject of the Booking and have custody and control of them and you confirm that you have read and accept all of our Terms and Conditions.
12.3. Nothing in these Terms will:
12.3.1. limit or exclude the liability of a party for death or personal injury resulting from negligence
12.3.2. limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
12.3.3. limit any liability of a party in any way that is not permitted under applicable law; or
12.3.4. exclude any liability of a party that may not be excluded under applicable law.
13. Offers
13.1. Definitions
For the purpose of this clause 13, the following words shall have the following meanings:
13.1.1. “Early Bird” means that a discounted price is available to You for booking a Whole Week and described generally as ‘X days for £X’ on the Website and in any Promotional Material;
13.1.2. “Flexi Pass” means a pass purchased by You as part of the scheme offered by KSG that allows You to purchase a weeks’ worth of days in advance and use them at a time and date this is suitable for You as detailed on the Website and in any Promotional Material;
13.2. Early Bird Discount
The days which are the subject of the offer are days within the same calendar week. The offer cannot be used for single days and spread across different weeks. If when You make Your Booking, you book fewer days in the same week than are detailed in the offer.
13.3. Full Rate
13.3.1. Full rates are valid until 5pm on the Wednesday in the week prior to the start of the Holiday Camp Holiday Period.
13.4. Free Days/Promotional Codes
13.4.1. If KSG awards You a single free day on an Activity Camp this refers to one day between 8am to 4pm. A free week refers to 5 consecutive days within the same calendar week between 8am-4pm.
13.4.2. Any free days awarded cannot be used more than once and are non-transferable.
13.4.3. Where KSG awards You an open day promotional code this is for one single day only on an Holiday Camp between 8am and 4pm.
13.4.4. The promotional code can only be used for the day for which it is awarded and is non-transferable.
13.4.5. A Booking made using an open day promotional code can only for used for the day stipulated and only one promotional code can be used per child.
13.4.6. A Booking utilizing a promotional code can be made in advance or on the day of the Holiday Camp.
13.5. Vouchers and Codes
13.5.1. If KSG awards You a percentage discount voucher/code this cannot be used more than once and is non-transferable and cannot be used past the stipulated expiry date.
13.5.2. The use of a percentage discount voucher/code is subject to approval by KSG. Until such approval has been given, any Booking made using a voucher/code will remain unconfirmed.
13.5.3. You may only use one discount voucher/code with any transaction with KSG.
13.5.4. KSG reserves the right to reject a discount voucher/code if it reasonably believes that it has been falsely or incorrectly used.
13.5.5. Discount vouchers/codes cannot be used in conjunction with any other voucher or promotional code.
13.6. Sibling Discount
13.6.1. If Your Booking includes more than one child and those children are siblings, KSG will apply a 10% discount for each child in Your Booking after the first child.
13.6.2. To qualify for sibling discount the children must all be booked onto Holiday Camps at the same time and You must have parental responsibility at the time that the children are booked onto an Holiday Camp(s).
13.6.3. KSG reserves the right to remove a sibling discount code from a booking where KSG reasonably believes it has been misused.
13.6.4. Sibiling Discount will only be applied to full week bookings, the discount code can only be applied to full week books after the Early Bird period.
13.7. Amendments and Cancellation
KSG reserves the right to amend and/or withdraw any or all of the Offers at any time.
14. General
14.1. Force majeure
KSG shall have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance of Holiday Camps or any other services related to them which result from circumstances beyond the reasonable control of KSG.
14.2. Alteration/Variation
KSG reserves the right to vary the Terms at any time. Details of any variation will be set out on the Website.
14.3. Waiver
No failure or delay by KSG in exercising any right, power or privilege under these Terms shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights and remedies provided by law.
14.4. Severance
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from the Terms and rendered ineffective as far as possible without modifying the remaining provisions of the Contract, and shall not in any way affect any other circumstances of or the validity or enforcement of the Contract.
14.5. Validity
If any provision of these Terms 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 the remainder of the provision in question shall not be affected thereby.
14.6. Law and jurisdiction
The validity, construction and performance of these Terms shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
14.7. Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of the Terms, the Terms are not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
Terms and Conditions last updated - 16/01/2024 by Owen Jago