Terms & conditions

Definitions and interpretation 

• “TARKA” means TARKA Group Limited incorporated in England and Wales (registered company number 13522725) whose registered office is: 20-22, Wenlock Road, London, England, N1 7GU.
• “TARKA classes” refers to the sports and activity services provided by TARKA.
• “Birthday Parties” refers to birthday parties that TARKA facilitate.
• “Private bookings”. Refers to privately booked sessions held in a home or an alternative venue.
• “Booking/Booked” any booking made by you for a child/children to attend a TARKA class.
• “Booking Email” means an email from TARKA to you detailing your booking for a TARKA class, Private booking or birthday party’.
• “Fee(s)” means the amount payable by you for your child(ren)’s attendance at the required session.
• “Late Collection Fee” means the fee charged by TARKA when children are collected after the pre-booked time.
• “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.
• “Holiday Period” means any school holiday period during which TARKA offer Holiday Camps.
• “Offers” means any discounts, vouchers or other offers provided by TARKA as detailed on the Website or in Promotional Material.
• “Venue” means the location at which TARKA is providing the session or the venue of your choice when booking a private party and upon which you have booked a child to attend.
• “Standard Rate” means the price payable for attendance as advertised on the Website from time to time.
• “Parties” means TARKA and you.
• “Promotional Material” means any literature or material provided by TARKA detailing the services.
• “Terms” means all of the terms in all of the sections of these terms and conditions.
• “You/Your” means the person making a booking.
• “Website” means the website of TARKA which provides details of the services available, booking information, TARKA contact details and other information.
• Words importing any gender include every gender.
• Words importing the singular number include the plural number and vice versa.
• Words importing persons include firms, companies, and corporations and vice versa.
• 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.
• The headings to the clauses, schedules and paragraphs of these terms are not to affect the interpretation.
• Any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or bye law made under that enactment; and
• Where the word ‘including’ is used in these terms, it shall be understood as meaning ‘including without limitation’.

 

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 TARKA at the time you make a booking, and the application of these terms will commence on the date of your booking.

Booking 

• All bookings must be made using the booking form on the website or unless otherwise agreed between the Parties.
• Following receipt of your booking, TARKA will send you a Booking Email.
• 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 TARKA within 7 days of receipt of your booking email and TARKA will use all reasonable endeavours to make any changes required.
• If you do not advise us within 7 days of receipt of the booking email of any inaccuracies, TARKA 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.
• If You have not received your booking email from TARKA within 48 hours of making your booking, please contact TARKA on the contact details provided on the Website.
• Please note that receipt of a booking email from TARKA does not constitute TARKA acceptance and confirmation of your booking. Your booking will only be confirmed once you have paid for your booking in full.

 

Fee(s) and Payment 

• 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.
• The amount to be paid by you will be detailed at the time of booking.
• Payment for classes are only accepted via our booking system.
• If TARKA agrees a payment plan with you, you must adhere to the terms of that plan. If you do not then TARKA reserves the right to cancel your booking immediately.
• Full payment is required for a class, even if Your child does not attend the full session.
• If there is an outstanding debt for any TARKA service, we reserve the right to cancel any of Your future bookings

 

Late Collection 

• You must make every effort to collect your child(ren) promptly at their pre-booked collection time.
• If you do not collect your child(ren) promptly then TARKA reserves the right to charge the Late Collection Fee. The Late Collection Fee is displayed on your booking confirmation which is sent to you via email.
• Please note if you do not pay the late collection fee as required then TARKA reserves the right to cancel your future bookings.
• After 45 minutes following the stated collection time and TARKA has tried to contact You, TARKA will be required to call social services.

 

Changes to your booking and Cancellations 

Term-time Classes:

• Where a full-term booking has not been made, changes to your booking can be made up to 48 hours before the date of the class taking place. We require 48 hour’s notice to refund or credit your class.
• If a full term booking has been made, no changes can be made and no refunds or credits will be actioned.
• If we apply credit to your account on our booking system, this credit can only be used for another class advertised on the booking system.
• TARKA 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.
• Please allow 10 working days for TARKA to process refunds.

Birthday Parties:

• For birthday parties, please refer to the terms and conditions attached to your booking.
• Any requested changes are subject to availability and TARKA acceptance.
• If you wish to make any changes to your booking you must do so over the telephone or via email.
• Please allow 10 working days for TARKA to process refunds.

Holiday Camps and Classes:

• We require 48 hour’s notice before the date of the class taking place to add credit onto your account for the missed class.
• We require 7 days notice before the date of the class taking place to refund your booking.
• If a full week booking has been purchased, and therefore a discount has been applied, we are unable to offer you a refund or a credit for any individual classes or to move one or more of the classes to another week. If we are given 7 days notice prior to the first day of the full week booking, we can issue a credit/refund.
• TARKA contact details can be found on the website.
• Change requests will only be actioned via an email or telephone call to TARKA.
• TARKA 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 TARKA this will not automatically give rise to any entitlement of a refund.
• If we apply credit to your account on our booking system, this credit can only be used for another class advertised on the booking system.
• Please allow 10 working days for TARKA to process refunds.

Free Trial Classes 

• Each child who is new to TARKA classes or camps is eligible for a free trial session. The relevant codes can be found through our website pop-up, on our social media platforms, or by completing the ‘First Class Free’ form available on our website.
• If TARKA determines that a child has attended more than one session using a free trial code, TARKA reserves the right to invoice the parent for any additional sessions that should have been paid for. Additionally, TARKA may prohibit the child from participating in future classes.

 Promotional Material 

• All information set out in the promotional material is correct at the time of printing. However, changes may occur. If this does happen TARKA will use reasonable endeavours to advise you of any changes as soon as possible. Any changes will be detailed on the website.
• Please note that not every activity pictured on the website or promotional material is available at every venue.

Information 

• 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.
• Any information you provide must include full details of any medical requirements, allergies, physical or behavioural matters, special needs and any other additional needs.
• If your child has an allergy or medical condition, you are required to complete the appropriate care plan.
• If your child has a medical condition, you are required to inform TARKA via email at least 48 hours before the class start time.
• If you do not provide us with full and accurate information, then TARKA reserves the right to exclude the child from any part of the Holiday Class or service they are attending. If this is deemed necessary, then no refund will be given by TARKA unless agreed otherwise.
• If your child’s medical needs have changed, you are required to update their care plan and inform TARKA via email.
• Where a child requires regular medication, or emergency response medication such as an epi-pen or inhaler, you will be required to state this in the care plan.
• It is the responsibility of the parent to bring your child to TARKA with any required medical equipment.
• If there are any changes in a child(ren)’s health or medical condition during their attendance, you must inform TARKA immediately so the relevant accommodations can be made, or appropriate action taken.
• TARKA 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 remove your child for the remainder. We cannot guarantee a 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.

 

Personal Property 

• Neither TARKA nor any of its staff, nor persons involved with or related to TARKA accepts liability for any losses or damage to personal belongings.
• The carrying and use of mobile telephones, tablets, games consoles and social media by attendees are strictly prohibited at TARKA. If a child is found to be carrying such items TARKA reserves the right to confiscate it until the end of the session.

 

Complaints procedure 

• If you have a complaint, please submit it via email and the TARKA team will respond within 24 hours.
• 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 TARKA’s office directly on the contact details given on the website or promotional material to discuss your concerns.

 

Liability 

• TARKA will use reasonable endeavours to avoid injuries being suffered by those attending. However, due to the nature of some of the activities undertaken by attendees there is an inherent risk of injury for those participating.
• 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 accepted all of our terms and conditions.
• TARKA does not provide food. If You provide food at a birthday or private class, it is your responsibility to ensure that all children attending are protected from the risk of cross contamination. You are accountable for informing parents of the food that will be provided and ensuring that children with allergies are safeguarded.
• TARKA is nut-free and if an instructor becomes aware of food containing nuts, it will be removed.

 

Nothing in these Terms will: 

• Limit or exclude the liability of a party for death or personal injury resulting from negligence.
• Limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party.
• Limit any liability of a party in any way that is not permitted under applicable law; or exclude any liability of a party that may not be excluded under applicable law.

 

General 

Force majeure 

• TARKA shall not have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance of any service or any other services related to them which result from circumstances beyond the reasonable control of TARKA.

 

Alteration/Variation 

• TARKA reserves the right to vary the terms at any time.

 

Waiver 

• No failure or delay by TARKA 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.

 

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 c

 

 

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.

 

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.

 

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.