Sports block bookings terms and conditions
The Royal Parks
Sports Block Booking Terms and Conditions
IT IS AGREED THAT:
1. Interpretation
1.1 In this Contract, the following definitions apply:
- Booking: the booking as set out in the Booking Details.
- Booking Details: the details of the booking as set out in the Order Confirmation, including the date(s) and time(s) for the hire of the Sporting Area, the number of players (and number of teachers/adults/parents/carers if applicable) the school or sports club name and any other relevant details.
- Booking Enquiry: an enquiry made by you online by submitting a booking enquiry form in relation to booking sports sessions for schools, sports clubs, block bookings or events.
- Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
- Business Hours: the period from 9.00am to 5.00pm on any Business Day.
- Charges: the charges payable by you for the hire of the Sporting Area and the supply of the Services, as set out in the Booking Details.
- Contract: the contract between us and you for the hire of the Sporting Area in accordance with (i) the Booking Details and (ii) these Booking Terms and any Schedules or documents referred to therein.
- Order Confirmation: an email sent by us to you which contains your executed Booking Details and confirmation of the receipt of the Charges confirming your Booking.
- Session: a single session within the block booking.
- Sporting Area: the sporting area as specified in the Booking Details Form (for example, tennis court, padel court, football pitch).
- Park: means Hyde Park, The Regent’s Park and/or Greenwich Park, as applicable, and is inclusive of the Sporting Area.
1.2 A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time. A reference to legislation or a legislative provision includes all subordinate legislation made from time to time under that legislative or legislative provision.
1.3 Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
1.4 Unless the context otherwise requires, words in the singular includes the plural and in the plural includes the singular, and a reference to one gender includes a reference to the other genders.
1.5 If there is any conflict or ambiguity between the terms of the documents listed in the definition of “Contract”, a term contained in a document higher in the list set out below shall have priority over one contained in a document lower in the list:
- the Booking Details; and
- these Booking Terms and any Schedules or documents referred to therein.
1.6 A reference to writing or written includes email.
2. Confirmation of Booking
2.1 Booking enquiry. Please follow the onscreen prompts to complete and submit your Booking Enquiry.
2.2 Correcting input errors. Our booking process allows you to check and amend any errors before submitting your enquiry to us. Please check the Booking Enquiry carefully before confirming it. You are responsible for ensuring that your Booking Enquiry is complete and accurate.
2.3 Acknowledging receipt of your Booking Enquiry. After you place your Booking Enquiry, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your booking has been accepted. Our acceptance of your booking will take place as described in 2.4.
2.4 Accepting your Booking. After receiving your Booking Enquiry and having discussed your Booking Enquiry (if applicable), we shall send you the Booking Details for you to return signed, this constitutes your offer to us. Our acceptance of your Booking takes place when we send you the Order Confirmation.
2.5 Commencement of this Contract. This Contract shall come into effect on the date of the Contract (the date of the Order Confirmation). Until that time, bookings for hire will be treated as provisional.
3. Licence and Use of Venue
3.1 Subject to clause 13, we grant you a right for the times and dates specified in the Booking Details to enter and use the Sporting Area for the purpose set out in the Booking Details in accordance with the terms of this Contract.
3.2 You agree and undertake:
3.2.1 not to use the Sporting Area or the Park for anything other than as set out in the Booking Details;
3.2.2 not to do or permit to be done anything in the Park or on the Sporting Area which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to us or any of our other customers;
3.2.3 to comply (and ensure that your staff, students and any other persons present at your Booking comply) with the terms of this Contract and any instructions or notices;
3.2.4 to permit us to search all containers, bags, boxes and equipment coming into or leaving the Park, including those brought onto the Park by guests during the times set out in the Booking Details;
3.2.5 not to cause or permit to be caused any damage to the Park or Sporting Area, including any furnishings, equipment or fixtures at the Park or Sporting Area;
3.2.6 not to smoke or permit smoking (including e-cigarettes) anywhere in the Park;
3.2.7 to use any equipment provided us, as specified in the Booking Details (such as tennis rackets, tennis balls, footballs etc), for its proper purpose and in accordance with any instructions provided by us or our coaches and staff regarding its use;
3.2.8 to leave the Sporting Area in a clean and tidy condition and to remove all rubbish and any of your equipment from the Sporting Area at the end of the Booking or Session;
3.2.9 to ensure that grass pitches are used for football, rugby, touch rugby, softball, and volleyball only. Use for any other sport or activity requires prior written approval. Balls for rounders and softball must be soft, and ball games are prohibited near footpaths;
3.2.10 not to install any infrastructure (including gazebos, marquees, tents) without our prior written approval;
3.2.11 not to fix items to trees, railings, fences, and structures nor drive any stakes into the ground;
3.2.12 not to permit or arrange catering services for guests without our prior written approval. Only cold food brought and consumed by individual guests is allowed unless otherwise agreed by us in writing;
3.2.13 not to permit alcohol without our prior written approval. Any booking involving alcohol may require a Temporary Event Notice (TEN) from the local authority;
3.2.14 not to use sound systems or megaphones without our prior written approval;
3.2.15 not to display branding, posters or banners without our prior written approval;
3.2.16 not to drive vehicles on the grass pitches. All vehicles must park in designated parking bays;
3.2.17 not to permit cycles or scooters in the Sporting Area;
3.2.18 not to permit dogs (except guide dogs) in the Sporting Area;
3.2.19 not to permit any of the following prohibited activities:
3.2.19.1 release of balloons;
3.2.19.2 use of pyrotechnics;
3.2.19.3 lighting of fires and open flames;
3.2.19.4 use of glass;
3.2.19.5 cooking, barbecuing or heating of food;
3.2.19.6 disturbance of wildlife;
3.2.19.7 obstructing other park users;
3.2.19.8 solicitation of donations;
3.2.20 to ensure that all guests leave the Sporting Area by the end of the Booking or Session as specified in the Booking Details;
3.2.21 to wear, and ensure all your guests wear appropriate sports attire and footwear for the Sporting Area, including where applicable “non-marking” shoes on our tennis and padel courts (these are shoes with colourless soles). Sports shirts must be worn at all times;
3.2.22 to comply with any code of conduct or additional terms and conditions we bring to your attention from time to time;
3.2.23 comply with all instructions we give to you from time to time in relation to the Booking or a Session; and
3.2.24 to comply with these Booking Terms and to ensure that any guests or other persons present at the Booking also comply.
4. Bookings
4.1 You shall:
4.1.1 ensure that the information set out in the Booking Enquiry is complete and accurate and provide us with such information and materials;
4.1.2 co-operate with us, our staff and coaches in all matters relating to the Booking;
4.1.3 comply with, and ensure guests and all persons present for your Booking comply with, the Royal Parks and Other Open Spaces Regulations 1997, as amended from time to time, a copy of which can be found here: https://www.legislation.gov.uk/uksi/1997/1639/contents; and
4.1.4 ensure that the guests and all persons present for your Booking behave in a responsible and safe manner and treat all other persons at the Sporting Area and the Park with respect, and we reserve the right to remove or request that you remove guests that do not do so from the Sporting Area and the Park if this provision is not complied with or in the event of any rude or abusive language, threats, or any form of aggressive behaviour towards our staff or other Park users; and
4.1.5 ensure that your staff and coaches are first aid trained;
4.1.6 upon our request, provide us with copies of the following supporting documents:
4.1.6.1 your club constitution (if applicable);
4.1.6.2 your public liability insurance;
4.1.6.3 your coaches’ qualifications and DBS confirmation; and
4.1.6.4 your governing body affiliation.
4.2 You acknowledge and agree that:
4.2.1 you are responsible for conducting your own risk assessments in relation to the Booking, including ensuring the surface of the Sporting Area is safe for play. You will provide us with a copy of your risk assessment upon our request;
4.2.2 you are responsible for the safeguarding and welfare of all children, young people and vulnerable or at-risk adults during your Booking. You must ensure that appropriate safeguarding measures are in place, including ensuring that your own safeguarding policy and procedures comply with all relevant regulations and follow government safeguarding guidelines (including but not limited to the government safer recruitment principles) as amended from time to time. You will, if requested, confirm that your policies and procedures are up to date and compliant. All coaches, staff, and volunteers involved in any session under this agreement must:
4.2.2.1 hold an appropriate and current DBS check; and
4.2.2.2 have completed safeguarding training relevant to their role.
In the event that we become aware of a safeguarding risk relating to your Booking, we reserve the right to escalate our concerns in accordance with our own safeguarding policies and procedures and make referrals to external bodies including the police if appropriate. Any breach of this condition would be regarded as a material breach to this Contract.
4.2.3 you are responsible for ensuring all players are fit and well for the Booking;
4.2.4 you are responsible for informing us about any medical information or allergies;
4.2.5 you are responsible for providing suitably qualified coaches and instructors for the Booking or Session;
4.2.6 you are responsible for the health and safety of all guests at the Booking or Session, including the administration of first aid;
4.2.7 you must not organise any tournaments or events on the Sporting Area or Park without our prior written approval.
4.3 You are not permitted to run tournaments without our prior written approval.
4.4 All Bookings must consist of a minimum of four Sessions taking place in consecutive weeks, typically on the same day and time each week.
5. Guest Numbers
The Booking Enquiry shall indicate the number of persons attending the Booking, including the number of players. If the Booking consists of a number of Sessions, the Booking Enquiry will indicate the numbers of players per Session. The number of players present shall be confirmed in the Booking Details. If the number of players increases, you must inform us of the final numbers at least 5 Business Days before the date of the Booking or Session.
6. Medical Information
6.1 If you or anyone present at the Booking suffers an injury at the Park, it is your responsibility to report it to a member of staff immediately.
6.2 It is your responsibility to inform us of any relevant medical condition or disability on the Booking Enquiry. You must also notify us of any change or deterioration of any such medical condition or disability before the Booking or each Session. We will keep this information confidential and handle such issues with discretion.
6.3 It is our policy to include all individuals within the scheduled programmes wherever possible, but we reserve the right to refuse the Booking if we are unable to accommodate the requirements of any individual.
7. Lost Property, Stolen or Damaged Items
7.1 If you find any lost property, balls or equipment please hand it back to the nearest available staff member.
7.2 Personal items should not be left unsupervised at any time. We accept no responsibility for private items lost, stolen or damaged at the Park.
7.3 Property left at the Park that is deemed of low value will be kept for a period of one month. Higher value items may be kept for a period of up to three months, after which it will be disposed of.
7.4 For property to be reclaimed, a detailed description of the item(s) and/or proof of ID (identity), and date that the item was left will be required.
7.5 Should a person make a claim for property via phone or email, then the property left at the Park will be held for a maximum of three months before being disposed of or donated to charity. Wet items will not be kept and will be disposed of on the day they are found.
7.6 While every effort will be made to identify the possible owner of lost property (which may involve searching for the item) and make contact with them, we will not return the property unless the owner provides the details outlined in this section.
7.7 We will not mail/courier any lost property back to the presumed owner.
8. Damage to the Sporting Area, Park or Equipment
8.1 You shall not cause or permit to be caused any damage to the Sporting Area, the Park or any of our equipment that you or anyone present uses during the Booking.
8.2 You will indemnify us against any claims, proceedings, damages, costs, expenses and loss in relation to damage of our property arising out of or in connection with your Booking.
9. Bookings for children
9.1 You are responsible for safeguarding and ensuring sufficient supervision ratios of children at all times during the Booking and each Session. We are not responsible for the supervision of children during the Booking. You are responsible for determining and bringing the appropriate number of adults/supervisors for the children.
9.2 You are responsible for informing us of any medical conditions, educational needs or disabilities during the booking process.
9.3 You are responsible for ensuring children are wearing appropriate clothing and shoes for the activities and for weather conditions.
9.4 You are responsible for administering first aid to children. In the event we are requested to administer appropriate first aid to children in the event of an accident, we will ensure all accidents are reported to you and you are responsible for informing parents/carers (as applicable). In the event of a more serious accident where the child may need collecting to seek further medical attention or where we may need to call the emergency services, we will inform you immediately.
9.5 We reserve the right to exclude a child from attending further Sessions, including but not limited to inappropriate behaviour.
9.6 We reserve the right to refuse entry onto school bookings, sports clubs or other events if the player is not of the required age or ability. In such circumstances we will advise you about joining a more appropriate session.
10. Charges and Payment
10.1 You shall pay the Charges in accordance with this clause 10.
10.2 You shall pay the Charges following receipt of the Booking Details Form. Charges shall be paid to our nominated bank account details, which we shall inform you of when we send you the Booking Details Form. All Charges are payable in advance. All bookings will be provisional until the Charges have been paid. Bookings will not be held while awaiting payment of the Charges.
10.3 If any additional charges become due after the Charges have been paid pursuant to clause 10.2, for example any final alterations to the Booking, or for guests attending the Booking in excess of the number estimated by you and confirmed in the Booking Details, we may:
10.3.1 Issue an additional invoice after the Booking (or any Session) for any further charges due which were not included in Charges set out in the Booking Details Form, such invoice shall be payable by you within 7 days of receipt; or
10.3.2 Request that such additional charges are made in person on the date of a Session by credit card payment.
10.4 Any alterations made to the Booking after the date of the Order Confirmation may be subject to an administration charge which shall be payable in accordance with clause 10.3.
10.5 All amounts payable by you exclude amounts in respect of value added tax (VAT), which you shall additionally be liable to pay to us at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.
10.6 If you fail to make any payment due to us under the Contract by the due date for payment, then, without limiting our remedies under clause 13, you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
10.7 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11. Insurance
11.1 During this agreement, you must maintain public liability insurance with a limit of at least £2,000,000 per claim.
11.2 Upon our request, you shall provide us with a copy of your insurance.
12. Liability
12.1 The restrictions on liability in this clause 12 apply to every liability arising in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.
12.2 Nothing in the Contract limits any liability for:
12.2.1 death or personal injury caused by negligence; and
12.2.2 fraud or fraudulent misrepresentation; or
12.2.3 any liability that cannot legally be limited.
12.3 Subject to clause 12.2, we shall not be liable for:
12.3.1 the death of, or injury to, anyone attending the Booking; or
12.3.2 damage or theft of any of the property of anyone attending the Booking.
12.4 Subject to clause 12.2 and clause 12.3, our total liability to you shall not exceed the Charges paid under this Contract.
12.5 Subject to clause 12.2 and clause 12.3, we shall not be liable for any:
12.5.1 loss of profits;
12.5.2 loss of sales or business;
12.5.3 loss of agreements or contracts;
12.5.4 loss of anticipated savings;
12.5.5 loss of use or corruption of software, data or information;
12.5.6 loss due to wasted expenditure;
12.5.7 loss of or damage to goodwill; or
12.5.8 indirect or consequential loss.
13. Cancellation
13.1 If you want to cancel your Booking or a Session, you may be entitled to a refund, credit to your account or to reschedule the Booking or Session depending on the type of booking and reason for cancellation. You can find more information about our cancellation policy here.
13.2 If you want to cancel your Booking or a Session, you must notify us in writing via e-mail to sportsandleisure@royalparks.org.uk or by using our contact form here, within the time periods set out in the cancellation policy.
13.3 We monitor cancellations to prevent misuse/abuse of our booking system. We may address repeated cancellations as appropriate, including prohibiting future bookings.
13.4 We may cancel the Contract with immediate effect by giving you notice in writing if:
13.4.1 you fail to pay any amount due under the Contract on the due date for payment;
13.4.2 you commit a material breach of any term of the Contract;
13.4.3 you have taken or had taken against you any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part 1A Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this clause 13.4.3;
13.4.4 you suspend or cease, or threaten to suspend or cease, carrying on business;
13.4.5 your financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy;
13.4.6 you are unable to perform your obligations in connection with the Contract pursuant to clause 15.1.
13.5 We may cancel your Booking or an individual Session and you will either be given a refund or the opportunity to book another date and time if:
13.5.1 we deem the weather is not suitable for the Booking or Session to go ahead; or
13.5.2 the Park is closed; or
13.5.3 there is an emergency.
You can find more information about cancellations due to adverse weather in our cancellation policy here.
13.6 We do our best to avoid schedule conflicts but we may need to cancel a Booking due to a schedule conflict. You can find more information about cancellation for this reason in our cancellation policy here.
13.7 Refunds shall be made to the payment method used to pay for the Booking.
14. Data Protection
Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018 (and regulations made thereunder), the retained EU law version of General Data Protection Regulation ((EU) 2016/679), the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426).
How we use any personal data you, or anyone associated with the Booking, gives to us is set out in our Privacy Notice.
15. General
15.1 Force majeure. We shall not be liable for any delay or failure in the performance of our obligations for so long and to the extent that such delay or failure results from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 45 days, we or you may terminate this agreement by giving not less than 10 days’ written notice to the other party.
15.2 Assignment and other dealings. You shall not assign, novate, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without our prior written consent. We may at any time assign, novate, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights under the Contract.
15.3 Entire agreement. The Contract constitutes the entire agreement between the parties. Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
15.4 Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
15.5 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the future exercise of that or any other right or remedy.
15.6 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any part-provision of this agreement is deemed deleted, the parties shall negotiate in good faith to agree a replacement that, to the extent possible, achieves the intended commercial result of the original provision.
15.7 Notices
15.7.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be sent by email to the addresses set out in the Booking Details (or an address substituted in writing by the party to be served).
15.7.2 Any notice shall be deemed to have been received if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.
15.7.3 This clause 15.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
15.8 Third party rights. This Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
15.9 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
15.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.