EDU Terms and Conditions

Edu-Lettings Hire of Premises Terms & Conditions

1.     TERMS

‘Academic Year’ means the period running from 1st September in each year to and including the following 31st August.

‘Activity’ means any activity or event for which the Hirer uses or intends to use the Facility during a Session.

‘Booking’ means the Hirer’s booking of the Facility during the Session Time(s) on the terms of the Contract.

‘Common Parts’ means any part of the Venue other than the Facility which may be used or made available for use by the Hirer, its employees, customers, or invitees in connection with the Booking including, without limitation, car parks, pathways, corridors and toilet facilities.

‘Contract’ means the Contract Details and these Conditions.

‘Contract Details’ means the details input by or on behalf of the Hirer or set out (as the case may be) in Edu Lettings’ online booking platform when the Hirer requests a booking.

‘Deposit’ any deposit required in connection with the Booking as set out in the Contract Details.

'EDU Lettings' means Edu-Lettings (UK) Limited incorporated and registered in England and Wales with company number 12789267 whose registered office is at Bayley House (1st Floor), St. Georges Square, Bolton BL1 2HB.

'Facility' refers to the accommodation or facilities at or forming part of the Venue requested by the Hirer in the Contract Details.

'Hirer' refers to the company, person or persons requesting a booking as set out in the Contract Details.

‘Hire Fees' the hire fees required in connection with the Booking as set out in the Contract Details.

‘Hire Period' the period of hire requested by the Hirer in the Contract Details.

‘Intended Use' the intended use of the Facility requested by the Hirer in the Contract Details.

‘Maximum Number' has the maximum number of persons who can use the Facility at any one time as set out in the Contract Details.

‘Owner’ the school, college or other person or entity for whom Edu Lettings acts as lettings operator in relation to the Facility.

‘Session’ means each individual session comprised within the Booking.

‘Session Time(s)' the times for each individual Session requested by the Hirer in the Contract Details.

‘Venue’ refers to the venue at which the Facility is located as detailed in the Contract Details

2.               BASIS OF CONTRACT

2.1            These Conditions apply to the Contract to the exclusion of any other terms that the Hirer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2            A request made by the Hirer for a booking whether made by telephone, email, social media, using Edu Lettings’ online booking platform or by any other means:

2.2.1        constitutes an offer by the Hirer to hire the Facility in accordance with these Conditions. The Hirer must ensure that the details it inputs when requesting a booking are complete and accurate; and

2.2.2        shall only be deemed to be accepted when Edu Lettings issues a written confirmation of the Booking, at which point and on which date the Contract shall come into existence.

2.3             If there is an inconsistency between any of the provisions of the Contract Details and these Conditions, the provisions of the Contract Details shall prevail.

3.               ACCURACY OF BOOKING

The Hirer warrants that the information and details given to EDU Lettings in Edu Lettings’ online booking platform when the Hirer requested the Booking is correct, accurate and contains no errors or omissions. EDU Lettings reserves the right to cancel the Contract without having to refund any sums paid or costs incurred by the Hirer (including the Deposit and any other deposit or damage deposit) if the Hirer is in breach of this warranty.

4.                FEES

4.1             The Hirer agrees to pay to EDU Lettings the Hire Fees. 

4.2            The Hirer shall be liable for and must plan for the payment of, any tax or royalties chargeable in respect of the purposes for which the Facility is booked by the Hirer. 

4.3            All invoices for Hire Fees are created at point of booking in line with the payment plan set out in the Contract Details and available to view in the Hirer’s account in Edu Lettings’ online booking platform at any time.

4.4            Where the first payment is made by card, Edu Lettings will automatically collect subsequent payments from that card in accordance with the payment plan set out in the Contract Details. In any case where payment is not made by card, an additional transaction fee of £10 per calendar month payment is payable and invoices for Hire Fees shall be due as follows:

4.4.1      If the Booking relates to a single Session, the invoice shall be payable within 28 days of the date of the Contract or 7 days prior to the Session, whichever is sooner;

4.4.2      if the Booking relates to multiple Sessions and the Hire Period exceeds 10 weeks, payment of the invoice for each individual Session must be paid not less than 7 days prior to the date of that Session; and

4.4.2      in any other case, payment for any Session during the calendar month in which the Contract is entered into shall be payable in accordance with clause 3.5.1 and payment for any Session during each subsequent calendar month shall be payable not later than the 23^rd day of the previous calendar month.

provided always that if the application of the payment provisions in this clause result in any payment falling due prior to the date of the Contract, that payment shall instead be due immediately on entering into the Contract.

4.5            If the Hirer fails to settle the invoice in full within this period, Edu Lettings shall be entitled to charge the Hirer interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Hirer shall pay the interest within 7 days of written demand.

4.6            If the Facility is not vacated on time at the end of a Session, EDU Lettings shall be entitled to charge an additional fee which shall equal:

A x (B/ C)

where:

A is the Hire Fee for the relevant Session;

B is the greater of (i) the length of time between the end of the Session and the time at which the facility is vacated expressed in minutes and (ii) 30 minutes; and

C is the length of time of the relevant Session expressed in minutes

4.7            Edu Lettings shall be entitled to demand immediate payment of the Hire Fees (or the unpaid balance) together with all accrued interest if the Hirer fails to make any payment due under the Contract within 7 days of its due date.

4.8            The Hirer is responsible for:

(a)    leaving the Facility in the condition in which the Hirer found it on arrival at the Facility at the start of the Session; and

(b)   not causing and ensuring its invitees and customers do not cause the Common Parts to be obstructed, damaged or become unclean or untidy. The Hirer must carry out any cleaning or tidying needed to the Common Parts as a result of the Hirer’s failure to comply with this clause 4.8(b).

If the Hirer fails to comply with its obligations in this clause 4.8, Edu Lettings reserves the right to make a reasonable additional charge for costs incurred and time spent in relation to cleaning and making good any damage as may reasonably be required to ensure the Facility is as it was at the start of the Session and to ensure that the Common Parts are in the condition required by clause 4.8(b).  

5.                USE  

5.1            The Hirer shall not use the Facility for any purpose other than the Intended Use. 

5.2            The number of persons using the Facility hired shall not exceed the Maximum Number. 

5.3            The Hirer shall only be permitted access to the Facility during the Session Time(s). 

5.4            The Hirer shall not cause or permit any animals to be brought into or onto the Facility or the Common Parts except with the specific prior consent in writing of EDU Lettings and subject to such conditions as EDU Lettings may require. 

5.5            The Hirer shall be responsible for obtaining all licences and for completing any returns that may be required by the Performing Rights Society, Phonographic Performance Limited, The Copyright Licensing Agency Limited and all other bodies in connection with the hiring of the Facility for the Hirer’s specific use. The Hirer shall indemnify Edu Lettings and the Owner against the consequences of the Hirer’s failure to do so. 

6.                SAFEGUARDING & CHILD PROTECTION  

6.1            EDU Lettings complies with the latest standards set out in the DFE guidance document - KCSIE (Keeping Children Safe in Education), The Hirer undertakes to comply with EDU Lettings reasonable regulations, procedures, guidance, and requirements including those relating to safeguarding, health and safety and to: 

6.1.1        Safeguard and promote the welfare, including proper supervision, of all the children or young people with whom EDU Lettings and/or the Hirer engages;

6.1.2        Ensure that all individuals engaged by or on behalf of the Hirer in the use of the Facility have undergone safeguarding training, are subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service Including a check against the adults' barred list or the children's barred list, as appropriate;

6.1.3        Monitor the level and validity of the checks under clause 6.1.2 for everyone engaged by or on behalf of the Hirer in the use of the Facility;

6.1.4        Immediately provide EDU Lettings with any information that it reasonably requests to enable it to be satisfied that the obligations of this clause 6.1 have been met;

6.1.5        Not employ or, in connection with the use of the Facility, engage with any person who is, or who the Hirer has reason to believe is, barred from or would not be suitable to be engaged in connection with the Intended Use or who may otherwise present a risk to children;

6.1.6        Immediately refer information about any person engaged by or on behalf of the Hirer in connection with the use of the Facility to the Disclosure and Barring Service where it removes permission for such person to be engaged in connection with the use of the Facility (or would have, if such person had not otherwise ceased to be engaged in connection with the use of the Facility) because, in its opinion, such person has harmed or poses a risk of harm to children, and immediately inform EDU Lettings of such removal; and

6.1.7        Ensure that suitable first aid provision (including a suitably trained person) is available at the Facility throughout every Session.

6.2            EDU Lettings specifically reserves the right to terminate the Contract with immediate effect if EDU Lettings has reasonable grounds for believing that the Hirer does not have in force the appropriate arrangements with regards to the safeguarding of individuals in their care. 

6.3            The Hirer agrees to be responsible for ensuring the proper supervision and safeguarding of all its invitees and customers during the Hirer's use of the Facility. 

6.4            Photography and videography is only permitted with written consent from EDU Lettings. The Hirer must request permission at least seven (7) days prior to the relevant Session and, if granted by EDU Lettings, any consent is subject to the following conditions: 

6.4.1        Children under eighteen (18) are only to be included in photography with written consent from parents / guardians. If the photography is to be shared online or in social media, the written consent must expressly confirm this. This written consent is to be retained by the Hirer and produced to EDU Lettings upon request.

6.4.2        Not include use of the Venue’s name and address or branding at the Venue without prior written approval from the Owner and EDU Lettings.

7.               HEALTH AND SAFETY CONDITIONS

7.1            For the duration of each Session the Hirer must ensure the following:

7.1.1        That all due diligence is taken, and proper standards are met in relation to the health and safety in relation to all activities carried on during the Session. The Hirer may be requested to supply Edu Lettings with an activity risk assessment for its Sessions;

7.1.2        A Venue information form is provided to the Hirer with booking, This details the emergency procedures of the Venue. This must be shared with, and followed by, all users of the Facility;

7.1.3        A first aid kit must be provided by the Hirer. EDU Lettings do not provide any first aid provision during the hire;

7.1.4        No equipment on the Facility or the Common Parts is used without prior written consent from EDU Lettings;

7.1.5        Familiarity with emergency equipment, such as fire extinguishers, alarms, mobile telephone and first aid facilities;

7.1.6        An emergency evacuation procedure is established. This will detail who will be responsible for taking control, calling emergency services and where to assemble. Consideration must be given to the needs of disabled participants. Evacuation practice must be undertaken on annual basis;

7.1.7        Equipment (if made available) is used in a responsible manner, an orderly way and for the purposes for which such equipment is intended and in a way that does not compromise the safety of the Hirer and/or its clients or invitees, EDU Lettings, or cause damage to Facility or the equipment;

7.1.8        Alcohol is not consumed or sold on the Facility or the Common Parts;

7.1.9        Smoking (Including the use of E-Cigarettes) is not permitted on or on any part of the Facility or the Common Parts;

7.1.10    Dogs are not permitted at the Venue or any other venue for which Edu Lettings arranges lettings without express written permission from Edu Lettings. Assistance dogs are permitted provided that they are at all times wearing an identifiable assistance dog vest;

7.1.11    Emergency exits, fire extinguishers and alarm points are not obstructed;

7.1.12    No gas cylinders or canisters are used at or inside the Facility;

7.1.13    Combustible materials are not placed adjacent to heat sources;

7.1.14    Electrical equipment brought to the Venue by the Hirer, must either:

(a)    have been PAT tested; or

(b)   purchased

within the last 12 months and must comply with all applicable British standards. The Hirer shall promptly provide to Edu Lettings evidence of PAT testing or purchase within the last 12 months (as the case may be) on request;

7.1.15    Flammable or hazardous substances are not permitted on or in the Facility;

7.1.16    No open fires, candles or electrical equipment which does not comply with clause 7.1.15 will be used on or in the Facility; and

7.1.17    Noise must be managed to a reasonable level. Noise from the Hirer’s group use of the Facility not impact on other activities at the Venue or local residents.

7.2            Furniture, instruments, or equipment belonging to the Hirer must not be left or stored on or in the Facility unless this has been agreed in writing by EDU Lettings in advance and such items can be stored safely. Any items stored on site are left at the Hirer’s own risk and no liability will be accepted for missing or damaged items.

7.3            If storage has been agreed by EDU Lettings and the Owner, this is subject to review and such agreement can be withdrawn at any point. Storage of furniture, instruments, or equipment belonging to the Hirer does not form part of the Contract and permission can be removed by either the Owner or EDU Lettings.

8.                FOOD & DRINK  

8.1            The Venue and any other venue for which Edu Lettings arranges lettings are nut free zones, if  preparing, serving, or selling food and/or drinks at the Facility forms part of the Intended Use or has been approved in accordance with clause 8.2, the Hirer must:

8.1.1        ensure that all food and drinks prepared, served or sold are nut-free; and

8.1.2        observe all relevant food and hygiene laws and regulations.

8.2            Unless part of the Intended Use, the Hirer shall not carry on or permit food and/ or drink sales at the Facility unless approved in writing by Edu Lettings at least 7 days in advance of the relevant Session.

8.3            Any external catering must comply with standards set out in EDU Lettings’ 'External Caterers policy' which is available upon request.

9.               VENUE SECURITY

9.1            EDU Lettings will organise for the Facility and any Common Parts to be opened and locked after each Session. The Hirer agrees to notify Edu Lettings as soon as it becomes aware that any Activity may, or will, start later or end earlier than specified in the Contract.

9.2            The Hirer must ensure adequate supervision of Activities at all times and ensure that no unauthorised persons enter the Facility and shall not permit any unauthorised persons to enter any other part of the Venue. The Hirer must adhere to all security and fire precaution measures of the Venue. If a fire is discovered whether on or in the Facility or the Common Parts it is the Hirer’s responsibility to alert all relevant emergency services and Edu Lettings immediately, and to evacuate the Facility immediately in accordance with the policies from time to time prescribed by the Owner for the Venue.

9.3            The Hirer agrees to be responsible and accountable for all persons taking part in Activities throughout the Session Time(s), this includes first aid, fire evacuations, behaviour and conduct around the Facility and the Common Parts.

9.4            EDU Lettings’ employees are authorised to refuse any person entry to the Venue and to require them to leave.

9.5            The Hirer shall ensure that no suppliers of goods or services enter the Facility during any Session and shall not permit any such suppliers to enter any other part of the Venue without prior written approval from EDU Lettings.

10.            INSURANCE, LIABILITY, AND INDEMNITY

10.1         The Hirer agrees to confirm if they are part of an organised club, affiliated organisation, committee, team, community group or a commercial hirer. Where such confirmation has been provided as part of the booking process, the Hirer confirms the information provided remains accurate and where such confirmation has not already been provided, the Hirer shall provide such confirmation on request.

10.2         All organised clubs, affiliated organisations, committees, teams, community groups or commercial hirers must take out their own or be covered by public liability insurance policy with a minimum level of cover of £1 million per claim to cover its use of the Facility. Copies of such insurance documents together with reasonable evidence that the premium has been paid and the policy is on cover must be provided to EDU Lettings prior to the first use of the Facility and prior to the first use of the Facility following any renewal of such insurance.

10.3         The Hirer agrees and undertakes to indemnify EDU Lettings and keep EDU Lettings indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses, or other liability in any way arising from any act, omission or negligence of the Hirer, its staff, participants in or attendees at Activities.

10.4         Without limiting its obligations under clause 10.3, the Hirer shall:

10.4.1    Take all reasonable steps to ensure the health and safety of all persons attending each Activity;

10.4.2    Undertake a dynamic assessment of the Facility at the commencement of each Session and throughout each Session;

10.4.3    Immediately notify EDU Lettings of any hazard, defect, damage or unsafe condition identified prior to or during any Session, including those that may only become apparent through normal or intended use of the Facility;

10.4.4    Cease use of any part of the Facility or equipment that presents a risk to health and safety and, where reasonably practicable, take appropriate steps to prevent access to such part of the Facility or equipment;

10.4.5    Ensure that all participants, spectators and other persons attending each Activity are kept away from any identified hazards.

10.5         The Hirer acknowledges that certain defects or hazards may not be apparent during routine inspections and accepts responsibility for reporting any such issues identified through use of the Facility. 

10.6         Casual users are defined as groups that are not part of any organised clubs, committees, affiliated organisations, teams, community groups or any commercial organisation.

10.7         Provided that the Intended Use consists solely of recreational activities, casual users will not be required to provide their own public liability insurance at point of booking.

10.8         The Hirer agrees to complete the client signing in sheet on arrival at the Facility.

10.9         Edu Lettings is not responsible for losses the Hirer suffers which are caused by Edu Lettings failing to comply with its obligations under the Contract if the loss is:

10.9.1       Unexpected. This means it was not obvious that it would happen and nothing the Hirer said to Edu Lettings before Edu Lettings accepted the Booking meant Edu Lettings should have expected it (so, in the law, the loss was unforeseeable); or

10.9.2       Avoidable.  This means it could have been avoided by the Hirer taking reasonable action, including following Edu Lettings’ reasonable instructions for use of the Facility.

10.10      To the extent that the Hirer uses the Facility for the purpose of its trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, all claims for loss of profit or indirect or consequential loss are wholly excluded.

11.            DAMAGE TO PROPERTY

11.1         The Hirer undertakes either to make good or to reimburse EDU Lettings for the cost of making good (as EDU Lettings directs) any damage to the Facility or the Common Parts caused by the Hirer, its staff, visitors, invitees or clients and the Hirer indemnifies EDU Lettings for all liabilities, costs, claims, demands and loss incurred or suffered by Edu Lettings as a result of such damage.

11.2         If following any Session:

11.2.1    the Facility is left in a state which requires additional cleaning above that normally expected; or

11.2.2    the Common Parts require additional cleaning as a result of anything done by the Hirer, its staff, visitors, invitees or clients,

the Hirer may be subject to a reasonable additional charge.

11.3         The Hirer shall indemnify EDU Lettings for all liabilities, costs, claims, demands and loss incurred or suffered by Edu Letting as a result of improper or false activation of the Venue’s fire alarms by the Hirer, its staff or participants in or attendees at Activities It is acknowledged that these losses and liabilities will vary depending on the charges applied by the Venue, any charges in relation to contractors and any charges applied by local fire services.

11.4         Where the Contract allows Edu Lettings to impose any additional charges on the Hirer, including but not limited to charges for rectifying any damage, charges for additional cleaning required, or charges for improper use, Edu Lettings may in addition impose a charge for administration. This administration charge will be £100 plus VAT for each incident and the Hirer’s right to use the Facility shall be suspended if this charge is not paid within 7 days of demand.

11.5         The table below shows a breakdown of the additional charges which may be applied in the event of damage, additional cleaning, overstaying booking times, fire alarm activation and any other break of the Hirer terms and conditions. The additional charges that may be applied are the admin fee and further charges as detailed below which will be payable by the Hirer to Edu Lettings within 7 days of written demand.

12.             UNAVAILABILITY OF FACILITY BY EDU-LETTINGS

12.1         EDU Lettings may give verbal or written notice to the Hirer at any time that the Facility is temporarily unavailable in the following instances:

12.1.1    Where the Facility is closed for any reason;

12.1.2    Where the Facility is in EDU Lettings' opinion unsafe to be used by the Hirer;

12.1.3    Where there are circumstances in which the Owner has a right to use the Facility in priority to Edu Lettings.

12.2         When facilities are deemed unsafe by EDU Lettings or the Owner due to adverse weather conditions, EDU Lettings will follow the guidance in the adverse weather policy which may include cancelling Sessions at short notice, it being acknowledged by the Hirer that:

12.2.1    Facilities may be deemed unsafe by the Owner or its personnel responsible for managing the Venue and closed.

12.2.2    Facilities may be deemed unsafe by on site EDU Lettings team members.

12.3         If the Hirer arrives at the Venue and considers the Facility to be unsafe for any reason, this must be raised with Edu Lettings’ onsite team at the time and Edu Lettings’ central team must be contacted on 03331 02 03 03. No claims for unused Sessions will be agreed if Edu Lettings is informed after the finish time of the relevant Session.

12.4         Sessions cancelled due to adverse weather by EDU Lettings will be eligible for one of the following actions to be decided by the Hirer:

12.4.1    Reschedule the Session planned to the end of the block booking subject to availability - See section 16 for types of bookings.

12.4.2    Any rescheduled Sessions must be completed within the same Academic Year as the cancelled Session.

12.4.3    Adverse Weather Refund/Reschedule Table:

12.5         EDU Lettings may give verbal or written notice of a decision to suspend or terminate the Booking at any point in the Hire Period. Suspension or termination of booking may be required on any of the following grounds:

12.5.1    Where the Facility is closed for any reason;

12.5.2    Where the Facility is in EDU Lettings' opinion unsafe to be used by the Hirer;

12.5.3    Where there have been allegations of aggressive, improper, or challenging behaviour from the Hirer or any attendees at Activities;

12.5.4    Any reported usage of the Facility by the Hirer or any attendees at Activities that is reasonably considered by Edu Lettings to be unsafe or out of keeping with the values of the Owner or EDU Lettings;

12.5.5    Any conduct that is likely to bring the Owner, the Venue or EDU Lettings into disrepute;

12.5.6    The contract between EDU Lettings and the Owner for the use of the Facility being terminated;

12.5.7    The Hirer fails to pay any amount due to Edu Lettings pursuant to the Contract when due and fails make payment within 7 days of Edu Lettings reminding the Hirer in writing that payment is due; or

12.5.8    The Hirer fails, within a reasonable time of Edu Lettings asking for it, provide Edu Lettings with information, cooperation or access that Edu Lettings need to provide the letting service, for example copies of risk assessments, evidence of public liability insurance and documentation relevant to safeguarding.

12.6         In the event of cancellation by EDU Lettings in accordance with clause 12.5, EDU Lettings will not be liable for any other costs associated with:

12.6.1    Loss of revenue;

12.6.2    Loss of reputation;

12.6.3    Any costs incurred by the Hirer in the organisation or planning of the booking.

13.             NUISANCE

The Hirer must not (and must ensure that any person entering the Facility during any Session does not cause any nuisance or disturbance to EDU Lettings, the Owner or any neighbours of the Venue.

14.            ADDITIONS & ALTERATIONS

14.1         The Hirer will make no alterations or additions to the Facility or the Common Parts, including changes to or removal of furniture or the installation or removal of any fixings and fittings.

14.2         The Hirer shall not, and shall ensure that all participants in and attendees at Activities do not, apply, affix or use any substance, tape, adhesive, marking, or other material to any floors, walls or other parts of the Facility, Common Parts or building fabric without the prior written consent of EDU Lettings. The Hirer shall be responsible for ensuring that any approved materials are removed immediately following the Hire Period or relevant Session (as Edu Lettings may require) and that no damage, marking or residue is left. The Hirer shall indemnify EDU Lettings against the cost of any cleaning, repair, reinstatement or replacement required as a result of any breach of this clause.

15.                ASSIGNMENT & SUB-HIRING

The Contract is personal to the Hirer and the Hirer must not assign or sub-hire the whole or any part of the Facility or allow any third party to occupy the Facility unless agreed in writing by EDU Lettings. Edu Lettings may not agree to an assignment unless the assignee confirms to Edu Lettings in writing that it agrees to be bound by the terms of the Contract.

16.                CHANGE OF CONTACT PERSON

The Hirer agrees to notify EDU Lettings in advance if the contact person is to change and to change the name of the new contact person on the online booking platform.

17.            TERMINATION AND NOTICES

17.1         Types of bookings:

-                  One Off Clients (OOC) – These are hirers who book a single Session, between 1-9 consecutive weekly Sessions or, subject to clause 22, who book more than one Session on other than a consecutive weekly basis.

-                  Short Term Block Bookings (SBB) – These are hirers who book between 10-24 consecutive weekly Sessions.

-                  Long Term Block Bookings (LBB) – These are hirers who book between 25 – 39 consecutive weekly Sessions.

-                  All Year-Round Clients (AYR) – These are clients hirers book between 40 – 52 consecutive weekly Sessions.

17.2         Notice Periods:

Cancellation/Amendment Table:

               Any rights of the Hirer to cancel or reschedule are subject to clause 17.4.

17.3         Consecutive Sessions cannot be cancelled.

17.4         EDU Lettings must be notified in writing not less than seven (7) days prior to rescheduling or cancelling Sessions in accordance with clause 17.2 save that 5 weeks' notice is required in respect of any cancellation of the Booking or Sessions which together with any Sessions previously cancelled have the effect of reducing the value of the Booking by more than 10% of its original value.

17.5         Sessions that form part of any notice period cannot be cancelled or rescheduled.

17.6         Any notice given to cancel or amend Sessions or the Booking may result in additional charges due to different VAT treatment under clause 18. In the event of any such cancellation or amendment after the date of the Contract, Edu Lettings reserves the right to raise a further invoice to the Hirer for any additional VAT payment due, such invoice to be payable within seven (7) days of the date of the invoice. At the discretion of EDU Lettings this may be offset against any other payments received from the Hirer.

18.             VAT

18.1         In line with HMRC guidelines on the provision of community lettings, EDU Lettings would like to draw attention to the following VAT key points that must apply to the Hirer’s bookings before a VAT exemption is given for any related sport/activity bookings or space. - Bookings must be for a minimum of 10 sessions over at least 10 weeks.

-               Bookings must be on one invoice, generated in full at time of booking

-               Bookings must not have a gap of greater than 14 days at any point

 -               Bookings must be for the same facility (A different pitch or court is acceptable) and the same venue.

18.2         EDU Lettings sites vary, and some will always incur VAT charges due to the unique tax treatment that applies to those sites. In this case, VAT will apply to all bookings, irrespective of whether the above terms are met. If this applies to the Venue EDU lettings will communicate this upon booking.

19.             DEPOSITS

19.1         If a Deposit is requested prior to a Booking, an invoice will be generated in Edu Lettings’ online booking portal and must be paid on Edu Lettings confirming the Booking. Any acceptance of the booking request by Edu Lettings will be conditional upon such payment of the Deposit being made when due and in the event payment of the Deposit is not received by its due date, this will result in Edu Lettings not accepting the request for the Booking or the Booking being automatically terminated (as the case may be).

19.2         In the event of the Hirer failing to:

19.2.1    pay the whole or any part of the Hire Fees, interest or any other sums due to, or recoverable by, Edu Lettings under the Contract by the due date for such payment;

19.2.2     observe and perform any of its obligations contained or referred to in the Contract; or

19.2.3    pay any claims, demands, damages, losses, costs or other expenses arising out of, or incidental to, the enforcement of the obligations of the Hirer under the Contract

Edu Lettings shall be entitled to withdraw from the Deposit such proportion of the Deposit as may be reasonably necessary to make good that default.

19.3         Subject to clause 19.4, Edu Lettings may make withdrawals from the Deposit as often as necessary.

19.4         Edu Lettings shall give written notice to the Hirer within 7 days following each and every withdrawal made under clause 19.2 specifying the amount of the withdrawal, the date of the withdrawal and the invoice or liability to which the withdrawal relates.

20.            SWIMMING POOL

Where the Facility includes a swimming pool, this clause 20 shall apply.

20.1         The Hirer is responsible for having adequate public liability insurance suitable for their activity. A copy of the certificate must be uploaded at point of making the booking request.

20.2         The Hirer must ensure that no person wearing outdoor footwear enters the pool area and no items that have had outside contact, including but not limited to prams, are allowed into the pool area.

20.3         The Hirer will be provided a copy of the PSOP and Edu Lettings’ current site risk assessment for the Facility and must complete their own risk assessment for their activity. Such risk assessment must have suitable and sufficient control measures in place for any risk identified in Edu Lettings’ risk assessment, the Pool's PSOP and the Hirer’s risk assessment. This must be available and uploaded prior to the Hirer’s booking request being agreed by Edu Lettings.

20.4         The Hirer will ensure suitably trained individuals hold relevant qualifications such as The National Pool Lifeguarding Qualification (NPLQ) or National Rescue Aware for Teachers and Coaches (NRASTC) or equivalent are present throughout all pool Sessions. Evidence of such individuals, training and qualifications must be available and uploaded prior to the Hirer’s booking request being agreed by Edu Lettings.

20.5         Groups such as Sub Aqua, canoeing, or similar may utilize the existing rescue qualifications approved by their governing bodies such as BCU Canoeing rescue award or BSAC Lifesaver Award. The Hirer’s use of these qualifications is to be addressed in its risk assessment.

20.6         Training and CPD of all qualifications are the responsibility of the Hirer and evidence of compliance with standards identified in the Hirer’s risk assessment must be made available upon request by Edu Lettings.

20.7         Lifesaving equipment present and available to the Hirer with its hire is to be checked for suitability prior to the start of each Session. Lifesaving equipment must not be moved from its defined location in the PSOP unless being used for emergency lifesaving intervention.

20.8         EDU Lettings staff and management conduct Swimming Pool Safety Spot Checks on all pool hirers at random. Names of staff supervising the pool will be checked against the document manager on the Hirer’s EDU Lettings account. The Hirer must ensure that at all times it has staff supervising the pool who have a valid NPLQ or NRASTC or equivalent qualification which has been uploaded to the document manager on Edu Lettings’ online booking portal. If a Session is found to be running without supervision by staff with such valid qualification, copies of which are on the document manager, it will be stopped and no refund for loss of the Session provided.

21.            INFORMING & INFORMATION

21.1         Data Protection

21.1.1    EDU Lettings collects, stores, and processes personal information provided by the Hirer, participants, and staff for the purposes of booking, administration, safety, and compliance.

21.1.2    The Hirer confirms that all personal data supplied to EDU Lettings has been provided in compliance with applicable data protection laws, including but not limited to the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018.

21.1.3    The Hirer agrees to ensure that any personal information of participants, staff, or third parties shared with EDU Lettings is done so lawfully, and that individuals have been informed of its intended use.

21.1.4    EDU Lettings will not share personal data with third parties except where required for operational purposes, legal compliance, or with the explicit consent of the data subject.

21.1.5    Full details of EDU Lettings' data protection practices are set out in its GDPR Policy, available upon request.

21.2         Force Majeure

21.2.1    EDU Lettings shall not be liable for any failure or delay in performing its obligations under the Contract where such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to fire, flood, storm, pandemic, industrial dispute, acts of God, government restrictions, or closure of the Facility or Venue.

21.2.2    In the event of and for the duration of an event of Force Majeure, EDU Lettings may, at its discretion, suspend or cancel the Contract without liability for any losses, costs, or expenses incurred by the Hirer.

21.2.3    Where possible, EDU Lettings will make reasonable efforts to reschedule affected Bookings, subject to availability within the same Academic Year.

21.3         Digital Communications and Notifications

21.3.1    All invoices, receipts, booking confirmations, notices, and communications sent by EDU Lettings through its online platform, email, or other electronic means shall be deemed valid and legally binding.

21.3.2    The Hirer is responsible for ensuring that its contact information is accurate and up to date in the EDU Lettings online booking platform.

21.3.3    EDU Lettings shall not be liable for any failure to receive communications due to inaccurate contact details, spam filters, technical errors, or network issues.

21.3.4    Electronic acceptance of these Conditions, or the Contract, constitutes the same legal effect as a handwritten signature.

22.            HOLIDAY CAMPS AND HAF PROVISIONS

A “Holiday Camp” refers to any organised booking consisting of daytime activity provision for children and/or young people during school holiday periods, where the primary function is to provide supervision, engagement, and care in a manner broadly comparable to childcare or school-based provision.

22.1         One-Off Holiday Camp Bookings

22.1.1    If a Holiday Camp booking is made for a single holiday period only, the booking is confirmed and final at the point of Edu Lettings accepting the request for booking.

22.1.2    These bookings are treated as OOC and are subject to clause 17 regarding cancellations and refunds.

22.2         Academic Year Holiday Camp Bookings

22.2.1    Where a Holiday Camp booking is made including Sessions in more than one school holiday period during the relevant Academic Year, the Hirer may, subject to clause 22.2.2, cancel future Sessions by giving Edu Lettings not less than 5 week’s prior notice in writing.

22.2.2    In the event of cancellation, an amount equal to the Hire Fees that would otherwise have been payable under the Contract for the first five days of cancelled Sessions will be chargeable as a cancellation fee.

22.2.3    Example: If a Hirer runs a Holiday Camp in October and has a subsequent camp booked for 3 days in February half term and another for 5 days at Easter, but chooses to cancel in November, an amount equal to the Hire Fees for the 3 days of the February camp and the first 2 days of the Easter camp will be payable as a cancellation fee.

22.3         General Terms

22.3.1    Bookings for Holiday Camps are subject to these Conditions as for all other bookings.

22.3.2    Holiday Camp providers receiving HAF (Holiday Activities and Food) funding must be registered with the relevant local authority and comply with any associated requirements.

22.3.3    Payment arrangements for Holiday Camps follow the same schedules and terms as all other bookings.

22.4         Facility Availability

22.4.1    EDU Lettings and Owners endeavour to ensure that all booked facilities are available as requested.

22.4.2    However, it is important to note that Owners may occasionally need to undertake maintenance or operational tasks outside core teaching hours.

22.4.3    In such cases, facilities may be relocated or substituted within the same Venue at short notice, with EDU Lettings providing as much notice to the Hirer as reasonably possible.

23.             OTHER

23.1         The Hirer must comply with any reasonable regulations and rules that EDU Lettings makes and notifies to the Hirer from time to time governing the Hirer's use of the Facility.

23.2         No illegal, indecent or immoral activity is permitted, and no betting, gambling, or gaming is permitted on the Facility.

23.3         The Hirer must not use the Facility for any auction sale, trade, business, or manufacture of goods unless and to the extent that is part of the Intended Use or to the extent otherwise agreed by Edu Lettings in writing in advance.

23.4         The licence granted under Contract is not intended to create the relationship of landlord and tenant.

23.5         A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

23.6         All bookings are accepted in line with Edu Lettings’ Vetting Policy and a booking request is not a guarantee of acceptance until confirmed in writing by EDU Lettings.

23.7         The Hirer may use the address of the Venue to advertise the fact that Activities are taking place at the Venue and to enable participants in those Activities to locate where they are taking place. Otherwise the Hirer is not permitted to use the address of the Venue for any other purpose and, without limitation, the Hirer must not use the address of the Venue as the registered, trading or correspondence address for any business, company, or trading