Terms and conditions

Please read these Terms and Conditions carefully. By applying to take part in a Sport Lived Programme, you confirm that you have read, understood and accept these Terms and Conditions. Your Booking Form will be treated as an offer to purchase services from Sport Lived, and no contract will be formed until We send you a written Confirmation.

1. INTERPRETATION
The following definitions apply throughout these Terms and Conditions unless the context requires otherwise:

 

“Academy”	the institution that runs the Academy Programme as set out in the Confirmation ;
“Academy Programme”	a programme where We organise for you to attend and participate in a  programme of activities at the Academy, the details of which are as set out in the Confirmation;
“Accommodation Rules”	the Sport Lived rules and regulations relating to your occupancy of the Serviced Apartment, which will be provided to you prior to the commencement of your Programme;
“Additional Activities”	any activities organised by Us or Our employees which you are given the option to attend throughout the duration of the Programme;
“Agreement”	these Terms and Conditions, any Supplemental Terms and Conditions and any other terms and conditions set out in the Booking Form, each of which will be confirmed in the Confirmation;
“Apartment Complex Rules”	the rules and regulations set down by the landlord or managing agent of the Serviced Apartment, as notified to you upon arrival or upon request as the case may be and as varied from time to time;
“Arrival Arrangements & Useful Information Booklet”	a pack of documents given by Us to you providing general information about arrival arrangements, contact details for Sport Lived staff in the City, contact details for other participants on a Sport Lived programme and additional useful information relating to the City;
“Balance”	the balance of the Price remaining after any part-payment (including the Deposit) plus the Bond;
“Bond”	the refundable deposit for the Serviced Apartment as set out on the Confirmation;
“Booking Form”	the Sport Lived booking form completed by you which sets out the details of the Programme in which you wish to take part and which shall be accompanied by such documentary evidence as We might reasonably require in order to support your training, qualifications, skills and abilities;
“City”	the host city in which your Programme is based, as stated in the Confirmation;
“Club”	the sports club which may host you, as set out in the Confirmation;
“Coaching Organisation”	the company, school or other organisation as stated in the Confirmation which employs sports coaches and/or umpires and/or referees;
“Coaching Programme”	a programme where We introduce you to a Coaching Organisation with a view to them employing you as a coach and/or umpire and/or referee, the details of which are as set out in the Confirmation;
“Confirmation”	the confirmation issued by Us to you which shall include a specification of the Services that We will provide to you, the Price, information relating to the Club, Academy and/or Coaching Organisation and useful information and links which may assist you in arranging your flights, visas and other travel requirements;
“Country”	the Country in which your Programme is based, as stated in the Confirmation;
“Deposit”	the deposit as set out in the Booking Form, which is payable by you upon submission of the Booking Form to Us;
“Experience Programme”	a programme where We provide membership to a sports club along with pre-planned activities predominantly organised by third parties, the details of which are as set out in the Confirmation;
“Force Majeure Event”	any event or circumstances which We could not be expected to foresee or forestall or which are beyond Our reasonable control including, without limitation, strikes, acts of God, governmental actions, war or national emergency, acts of terrorism and their consequences, protests, riot, civil commotion, fire, explosion, floods, volcanic ash, epidemic, health risks and pandemics, problems with transportation which are beyond the control of Us or our Third Party Service Providers and similar events;
“Membership Fee”	the fee paid by Us (if any) to the Club to enable you to become a member of that Club;
“Mentor”	the person appointed by Us from time to time with responsibility for liaising between Us and you and acting as a point of contact in the City for the duration of the Programme;
“Payment Date”	the date or dates specified on the Confirmation and on which the Price or any Balance becomes due and payable;
“Play Sport Programme”	a programme where We organise your membership of a Club in the City, the details of which are as set out in the Confirmation;
“Price”	the amount payable by you to Us as set out in the Confirmation;
“Programme”	the Sport Lived programme applicable to you as set out in the Confirmation;
“Serviced Apartment”	a furnished self-contained apartment situated within a serviced apartment complex;
“Services”	the planning, introduction, intermediary and other services that We will provide to you relating to the Programme in which you will participate, as set out in the Confirmation;
“Sport”	the sport in which you will be involved as part of the Programme as set out in the Confirmation;
"Supplemental Terms and Conditions"	any additional terms and conditions notified to you by Us as being applicable to your Programme;
"Third Party Service Provider"	any Club, Academy, Coaching Organisation, the landlord or managing agent of a Serviced Apartment, the third party provider of any activities which form part of an Experience Programme and/or the third party provider of any Additional Activities;
“Website”	the website accessible at http://www.sportlived.co.uk/;
“you”	the person identified on the Booking Form who will be undertaking the Programme.

2. INCORPORATION

2.1. This Agreement shall apply to Our relationship with you and to the Services that We supply to you to the exclusion of all other terms and conditions and shall prevail over all other inconsistent terms.

2.2. Your Booking Form will be treated as an offer to purchase services from Sport Lived Limited, and no contract will be formed until We send you a written Confirmation of Our acceptance of your offer. If you believe that any information set out in the Confirmation does not correspond with the request made on your booking form it is your responsibility to inform Us as soon as possible.  If you receive more than one Confirmation, the latest version will automatically supersede, override and replace any and all previous Confirmations issued.

3. THE PROGRAMME

3.1 In consideration for you paying the Price in accordance with this Agreement, We will supply the Services relating to the Programme as confirmed by Us in the Confirmation.

3.2 You agree that throughout the duration of the Programme you will:

3.2.1 comply with the terms of this Agreement and all rules, regulations, policies and procedures of the Club, Academy or Coaching Organisation (as applicable) that may be notified to you from time to time and will conduct yourself at all times in a manner that is in the best interests of the Club, Academy, or Coaching Organisation (as applicable), Sport Lived, and the Sport.  You will not act in any way which might reasonably be expected to bring yourself, the Club, the Academy  or the Coaching Organisation (as applicable), Sport Lived or the Sport into disrepute;

3.2.2 pay any and all money owed by you to any Club, Academy, Coaching Organisation (as applicable) or Sport Lived promptly, and in full; and

3.2.3 inform Us of any change or amendment to the information supplied by you to Us which might reasonably be expected to affect your Booking Form and/or ability or suitability to participate in the Programme.

3.3 We will provide you with an Arrival Arrangements & Useful Information Booklet prior to your departure for your chosen Programme. Whilst We endeavour to ensure the Programme corresponds to the information contained in the Arrival Arrangements & Useful Information Booklet, this information is subject to change.

3.4 Whilst We endeavour to ensure that your Club, Academy or Coaching Organisation is close to your Serviced Apartment and accessible using public transportation, you acknowledge that this is not always possible and that you may be required to arrange your own transportation to and from such Club, Academy or Coaching Organisation.

4. PLAY SPORT PROGRAMMES

4.1. If your confirmed booking relates to a Play Sport Programme, We will provide the Services set out in the Confirmation by introducing you to the Club, liaising with the Club in order to arrange your membership of the Club, and paying the Membership Fee on your behalf.

4.2. Throughout the duration of the Programme you agree to make yourself available for matches in accordance with the requirements of the Club.  

4.3. You acknowledge and agree that:

4.3.1 the Services provided by Sport Lived are limited to the introductory and other services set out in the Confirmation – the Services do not include any services in relation to your continued membership of the Club or participation in your Sport and We do not accept any liability in relation to the same;

4.3.2 your membership of the Club will be governed by the Club’s rules and regulations and that Sport Lived will not be a party to that relationship.  We cannot and do not guarantee that you will be selected for a particular team or any team at the Club as this will be at the discretion of the Club, and subject to the Club’s own eligibility criteria which may change from time to time at the Club’s sole discretion.  Nor do We warrant that teams will not have already been selected prior to your arrival at the Club, or that the timing or duration of your Programme may entail that you are not considered eligible for selection for one or more teams at the Club;

4.3.3 We have placed you at the Club in good faith, based on the information supplied by you to Us but We do not offer any warranty as to the quality of the Club or the standard of its coaching, level of play or standard of other members;

4.3.4 We do not accept any responsibility for the behaviour of other players, coaches and members of the Club; and

4.3.5 membership and participation in the Club may require you to incur additional expenditure in terms of kit, equipment, outings and otherwise. Unless specified otherwise in the Confirmation, such additional expenditure will be your responsibility and We will not be liable for the same.

5.  ACADEMY PROGRAMMES

5.1. If your confirmed booking relates to an Academy Programme, We will provide the Services set out in the Confirmation in relation to your attendance at the Academy during the Programme. You acknowledge and agree that the Services provided by Sport Lived are limited to the introductory and other services set out in the Confirmation – the Services do not include any services in relation to your continued membership of the Academy or participation in your Sport and We do not accept any liability in relation to the same.

5.2. You acknowledge and accept that your involvement with the Academy will be governed by its rules, regulations, policies and procedures and that We have no control over the Academy, its rules, regulations, policies and procedures. In particular you acknowledge that any coaches involved in the Academy Programme will be appointed by the Academy in its sole discretion.  Such coaches will be employed or contracted by the Academy and therefore We have no control over the quality of coaching provided, selection criteria applied, fixtures, matches or standard of play.  We do not accept any responsibility or liability for the actions, omissions or decisions of the said coaches or the Academy.  We are not a party to any contract you may enter into with the Academy and offer no guarantee in relation to the manner in which the Academy Programme is administered including but not limited to in relation to the number of participants in each programme, class size or calibre of fellow participants.

5.3. You acknowledge and agree that:

5.3.1. We have placed you at the Academy in good faith based on the information supplied by you  to Us;

5.3.2. the Academy timetable and the Academy Coaches specified in the Confirmation and/or on the Sport Lived Website are provided for illustrative purposes only and are subject to change;

5.3.3. your involvement with the Academy may require you to incur additional expenditure in terms of kit, equipment, outings and otherwise.  Unless specified otherwise in the Confirmation such additional expenditure will be your responsibility and We will not be liable for the same; and

5.3.4. We do not accept any responsibility for the behaviour, acts or omissions of coaches, employees of the Academy or others involved in the Academy Programme.

6. COACHING PROGRAMMES 

6.1. If your confirmed booking relates to a Coaching Programme, We will provide the Services set out in the Confirmation in relation to the introduction to the relevant Coaching Organisation. You acknowledge and agree that the Services provided by Sport Lived are limited to the introductory and other services set out in the Confirmation – the Services do not include any services in relation to your employment by the Coaching Organisation or participation in your Sport and We do not accept any liability in relation to the same.

6.2. You acknowledge and agree that in order to provide the Services it will be necessary for Sport Lived to pass the details provided by you on your Booking Form (including personal information, references and details relating to your training and qualifications) on to the Coaching Organisation.

6.3. The Confirmation will specify the UK coaching qualifications (if any) that you are required to obtain prior to the start of your Coaching Programme. It is your responsibility to ensure that you obtain these qualifications and send Sport Lived a copy of all relevant documentation relating to such qualifications prior to the start of your Coaching Programme. Sport Lived will not be liable in the event that your failure to obtain the required qualifications prevents you from being accepted by any Coaching Organisation.  In addition to such UK qualifications, some sports may require you to attend additional courses or obtain additional qualifications in your destination Country before you are able to start your Coaching Programme.  Details of such additional courses or qualifications will be provided in your Confirmation and/or additional correspondence from Sport Lived prior to departure.   In the event that Sport Lived agrees with you that Sport Lived will assist with enrolling you on any course, you agree that Sport Lived will not be liable in the event that any unavailability of such course prevents or delays you from being accepted by any Coaching Organisation. Nor will Sport Lived be liable in the event that any unavailability of any course or qualification, any failure on your part to attend any course or obtain any qualification, or any delay by any course provider in issuing any qualification, prevents or delays you from being accepted by any Coaching Organisation.

6.4. The Coaching Organisation may as a result of the introduction by Sport Lived engage you as a coach and/or umpire and/or referee. However Sport Lived cannot and do not guarantee that the Coaching Organisation will so engage you as this will be subject to their own eligibility criteria which may change from time to time at their sole discretion. Whilst the Confirmation may provide an indication of the number of hours of paid coaching work that you can expect to receive from the Coaching Organisation in the event they decide to engage you, this information is included for guidance only and Sport Lived cannot and do not guarantee that you will receive any number of hours of coaching work. 

6.5. You acknowledge that your relationship with the Coaching Organisation will be governed by its rules, regulations, policies and procedures. We have no control over the Coaching Organisation, its rules, regulations, policies and procedures and We do not accept any responsibility or liability for their actions, omissions or decisions. We are not a party to any contract you may enter into with the Coaching Organisation and therefore it is your responsibility to ensure that you are comfortable with its contents and for satisfying yourself that you are adequately protected and able to perform your obligations thereunder. In the event the Coaching Organisation require you to take out additional insurance prior to commencing your work you shall be solely responsible for arranging the same at your own cost.

6.6. You warrant to Us that all details relating to your qualifications, training and abilities provided by you to Us on the Booking Form are correct and are not misleading in any way and that you will at all times comply with clause 3.2.3 above.

6.7. You acknowledge and agree that all information about the Coaching Organisation that appears on Our Website has been posted in good faith and was accurate at the time of posting.  However, it may be subject to change by the Coaching Organisation at any time and We may not be able to notify you of any changes before the start date of your Programme.

6.8. You acknowledge and agree that your involvement with a Coaching Organisation may require you to incur additional expenditure in terms of kit, equipment, outings and otherwise.  Unless specified otherwise in the Confirmation such additional expenditure will be your responsibility and We will not be liable for the same.

7. EXPERIENCE PROGRAMME

7.1. If your confirmed booking relates to an Experience Programme, you agree to comply with the requirements set out at clause 4 (Play Sport Programmes) and the additional requirements set out in this clause 7.

7.2. You acknowledge that the activities forming part of the Experience Programme will be run by third party organisations and therefore We offer no warranty in relation to the quality of the Experience Programme or as to value for money.  You agree to comply with any terms, policies or instructions notified to you by the Third Party Service Provider running the relevant activity from time to time.

7.3. We will not be liable for any postponement or cancellation of any activity forming part of an Experience Programme which occurs for reasons beyond Our reasonable control, however in such event We will endeavour to offer an alternative Experience Programme activity for you to attend. 

7.4. We advise that before taking part in any such Experience Programme you read your insurance policy carefully in order to ensure that it covers you to take part in the activities that comprise that Experience Programme.

8. ADDITIONAL ACTIVITIES

8.1. We may from time to time throughout the duration of the Programme organise Additional Activities and where We think that these will be of interest to you We will inform you that they are to take place.

8.2. For the avoidance of doubt, Additional Activities are not part of the Services and you are invited to participate in them at your own risk. If We introduce you to a Third Party Service Provider which organises an Additional Activity, your contract will be with that Third Party Service Provider and not with Us. As such, we will have no liability in respect of the proper performance of that contract.  

8.3. We advise that before taking part in any such Additional Activities you read your insurance policy carefully in order to ensure that it covers you to take part in that Additional Activity.

8.4. In the event that any Additional Activity is postponed We will endeavour to reschedule within a reasonable time and will notify you of the revised date.  If you will be unable to attend or the Additional Activity has been cancelled and you have paid Us for the Additional Activity We will endeavour to offer you an alternative Additional Activity and if We cannot do so, We will offer you a refund.

9. PAYMENT

9.1. You will pay the Deposit to Us at the time of submitting your Booking Form. The Deposit will be non-refundable save where we are unable to fulfil the requirements set out in your Booking Form for any reason other than as a result of your breach of this Agreement.

9.2. You will pay the Balance to Us on the Payment Date as set out in the Confirmation.

9.3. You agree that any failure by you to pay all sums owing to Us on the date they fall due will be a material breach of this Agreement.

9.4. No payment will be deemed to have been received until We have received full and clear funds.

9.5. You will make payments due to Us without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.

9.6. Without prejudice to any other rights or remedy that We may have, if you fail to pay Us on the due date, We will have the right to suspend all Services and you will not be permitted to participate in the Programme until payment has been received in full.

10. SERVICED APARTMENT

10.1. In consideration of your payment of the Bond on the Payment Date in accordance with clause 9, We will procure that you are granted a licence to occupy the Serviced Apartment for the duration of the Programme.

10.2.  A description of the Serviced Apartment that will be provided to you will be set out in the Confirmation. The Confirmation will specify whether you will have your own bedroom in your Serviced Apartment or whether you will share a bedroom with another person.  You acknowledge and agree that the photographs and descriptions of the Serviced Apartment as contained in Our brochures and advertising materials are for general information only.  We do not guarantee that the Serviced Apartment provided will correspond with those descriptions or photographs.  We reserve the right to require you to change Serviced Apartment to one of a similar standard at any time during the Programme for any reason without being liable to make any payment, compensation or refund to you or being otherwise liable to you in any way.

10.3. The following will apply to any Serviced Apartment:

10.3.1. You will comply with the Accommodation Rules and the Apartment Complex Rules in relation to your occupancy of the Serviced Apartment. In particular you will behave appropriately and will abide by a strict no party and no excessive noise policy.  You will be responsible for ensuring that guests to the Serviced Apartment abide by the same policies. Failure to comply with either the Accommodation Rules or the Apartment Complex rules may result in you being required to vacate the Serviced Apartment.  In the event that you are required to vacate the Serviced Apartment as a result of a breach of the Accommodation Rules or the Apartment Complex Rules by either you or your guests, We will not be under any obligation to provide alternative accommodation or a refund.

10.3.2. We will use Our reasonable endeavours to place you with other participants on the Sport Lived Programme and in a Serviced Apartment which is relatively close and accessible to the Club, Academy or Coaching Organisation named in the Confirmation.  You acknowledge however that this may not always be possible.  In addition We do not warrant that Clubs, Academies or Coaching Organisations will always be accessible by public transport.

10.3.3. You will be responsible (jointly and severally with all other occupants of the Serviced Apartment) for all bills and expenses incurred at the Serviced Apartment save that We will pay all reasonable electricity, water and gas charges relating to the Serviced Apartment. You acknowledge and agree however that you will be responsible for all other costs and expenses relating to the Serviced Apartment including those electricity, water and gas charges that, in Our reasonable opinion, are unreasonable or excessive.

10.3.4. You must keep the Serviced Apartment in good condition and will be liable to Us for any damage caused to the Serviced Apartment and/or its fixtures and fittings. You agree to fully indemnify Us against all losses, costs, claims or damage arising from your occupation of the Serviced Apartment.

10.3.5. We will hold the Bond as security for any costs or charges arising out of any damage caused to the Serviced Apartment during your occupancy of the Serviced Apartment whether so caused by you or a third party.

10.3.6. We will hold the Bond until the end date of the Programme and will then apply it towards the payment of any such costs or charges as are identified by the landlord or managing agent of the Serviced Apartment. The balance not so used will be returned to you.

10.4. Except in the case of death or personal injury caused by Our negligence, We will not be liable to you for any loss or damage you might suffer during your stay in the Serviced Apartment.

11. SPORT LIVED MENTORS

11.1. If specified in the Confirmation, We will appoint a Mentor to act as a point of contact between you and Us in the City. For the avoidance of doubt, where a Mentor is appointed We reserve the right to replace or substitute them at any time and for any reason.

11.2. The Mentor is independently appointed by Us in good faith to assist you in settling into the City, however, We cannot and to the greatest extent permitted by law do not accept any liability for the acts or omissions of the Mentor.  For the avoidance of doubt We will not accept any responsibility for the acts or omissions of the Mentor where he or she is acting outside the strict limits of his or her employment contract.  You further acknowledge that their knowledge will be limited to the City only and they will only provide such assistance and information as is reasonable from time to time.

11.3. The Mentor does not have any authority to bind Us in any contractual agreements with you.  Any representations made by the Mentor will not be binding on Us unless they have been confirmed by Us in writing.

11.4. If you have any concerns relating to the Mentor and his or her acts or omissions, please contact Us at the address below.

12. TRAVEL AND TRANSPORT

12.1. You are responsible for arranging your travel to and from the City, as well as internal travel costs during the Programme. If We assist you in arranging any flights or transport We will do so as a gesture of goodwill by referring you to a reputable travel firm who will hold an ATOL licence.  Such assistance given (if any) will not form part of the Services.

12.2. You must ensure that you are in the City on the first day of the Programme.

12.3. We accept no liability for the acts, omissions or delays of any travel company or airline or for any failure by you to make appropriate travel arrangements. We cannot meet, reimburse or otherwise be responsible for any flight, travel or other costs or expenses of any nature (including, for example, any charges made by airlines for cancelling, changing or transferring flights or other arrangements) which are incurred or arise as a result of the Programme being cancelled, altered, withdrawn or changed due to a Force Majeure Event.

13. INSURANCE

13.1. You acknowledge that playing sport carries risks and can be dangerous. We accept no liability for personal injury or death (unless caused by Our negligence) arising as a result of your participation in the Sport or any other sport during the Programme.

13.2. It is a condition of your booking a Programme that you have an appropriate, valid travel insurance policy in place prior to your departure from the United Kingdom. You must ensure that your travel insurance policy covers the cost of cancellation of the Programme by you, light work, the cost of assistance including repatriation in the event of accident or illness, cancelled flights, lost baggage, kidnapping, liability arising due to personal injury to you or a third party, and cancellation of your placement for any other reason including Our liquidation or any other reason beyond Our control  You will retain a copy of such policies and will provide a copy to Us upon request.  You should ensure that there are no exclusion clauses in your insurance policy which limit or exclude cover for the type of activities included in your Programme (including where applicable activities forming part of an Experience Programmes or Additional Activities).  We will not be liable for any loss, damage, costs or expenses you may incur if you are delayed or prevented from taking part in the Programme due to any failure to put in place appropriate travel (or other) insurance and We will not be required to pay any refund to you in such circumstances.

13.3. You should also put in place an adequate insurance policy to protect you against any loss or damage which may arise in relation to your possessions or valuables during the course of the Programme. Sport Lived will not accept any responsibility for the same.

14. CRIMINAL RECORD CHECK

Participation in some Programmes may require you to undergo an enhanced criminal record check in the destination country in the first week of your Programme and/or a Criminal Records Bureau check in the UK prior to the start of your Programme. Failure to undergo either check may result in your participation in the Programme being delayed or refused.  We will pay the relevant fee for this check for you. However We do not accept any liability where you are not accepted onto your chosen Programme as a result of your criminal record check being delayed or declined.  We will not be required to pay any refund to you in such circumstances.

15. VISAS, DESTINATIONS AND MANDATORY HEALTH REQUIREMENTS

15.1. You will ensure that you have obtained all necessary visas and consents required for your travel and stay in the City.  You will ensure that your passport, visas and any other travel documents are up to date and will remain valid throughout the duration of the Programme.  Although We may be able to provide you with some basic advice and assistance regarding visa and passport requirements, it is your responsibility to check with the appropriate Embassy, Consulate or Foreign Office for the specific requirements for travel to your Country.  We will not be liable to you for any cost, loss or damage which you suffer as a result of any failure to satisfy such requirements nor will We make any refund to you. Please check the Sport Lived Website for additional information on visa requirements.

15.2. Although We may be able to provide you with some basic advice in relation to the mandatory health requirements of the country to which you are travelling, We are not medical experts and it is your responsibility to seek medical advice well before your intended date of travel.  We will have no liability to you where you fail to do so and are either not permitted to enter the host country or are delayed in doing so.  We will not offer or pay any refund to you in such circumstances.  Please check the Sport Lived Website for additional information on health requirements.

15.3. Some Programmes will take place in countries or cities where standards of accommodation, transport, safety, hygiene, medical facilities and infrastructure may be lower than those in the United Kingdom.  By submitting your Booking Form to take part in a particular Programme where this is likely to be the case, you acknowledge and accept the inherent risks including injury, disease, inconvenience, discomfort, damage to property or other losses.

15.4. In order to participate in your Sport in some overseas countries it may be necessary for you to complete an International Clearance Form or similar documentation or clearances. Although We will endeavour to provide you with information on any such documentation and clearances that are required prior to the commencement of your Programme, it is your responsibility to contact the relevant authorities in the United Kingdom and/or the Country or City in which your Programme is based prior to travel to ensure that you have properly completed all required documentation and clearances.  Sport Lived will not be liable in the event that your failure to complete the required documentation or receive the required clearances prevents you from participating in your Sport for all or part of your Programme.

15.5. Your participation in the Programme is facilitated on the understanding that you agree and undertake to comply with the laws, customs, police and security requirements and other regulations of the destination country.  Compliance with such laws, customs and regulations is your sole responsibility and We will not be liable to you for any loss, damage, costs or expenses which you may incur as a result of any failure to do so.

16. CHANGES TO YOUR PROGRAMME

16.1 [We reserve the right to revise the price of the Programme (either up or down) in order to allow for variations in transportation costs (including the cost of fuel), applicable taxes, or currency fluctuations relevant to the provision of the Services.  If the increase would be 2% or less of the Price stated in the Confirmation, We will absorb the changes and will only pass on any increase below that level. If the variations would cause a reduction in the Price, We will not make refunds of amounts less than 2% of the Price but We will refund in full amounts exceeding 2% of the Price.]

16.2 In certain circumstances we may be obliged before the start of your Programme to alter significantly an essential term of the Agreement such as the Country, City or Price. If we inform you that this is the case, you will be entitled to:
(a) take a substitute Programme of equivalent or superior quality, should Sport Lived be able to offer you such a substitute;
(b) take a substitute Programme of lower quality, should Sport Lived be able to offer you such a substitute, and recover from Sport Lived the difference between the Price and the price of the substitute Programme; or
(c) withdraw from the Agreement and have repaid to you the Price paid under the Agreement.

16.3 Should Sport Lived become aware, at any stage after the commencement of the Programme, that a significant proportion of the Services cannot be provided then We will make suitable alternative arrangements for the continuation of the Programme. Where appropriate, Sport Lived may at our discretion pay you compensation for the difference between the Services due to be provided under this Agreement and those supplied.

16.4 Notwithstanding the foregoing, Sport Lived reserves the right to change the Club or Coaching Organisation listed in the Confirmation to a different Club or Coaching Organisation in your chosen City. In such event We will use reasonable endeavours to place you with a Club or Coaching Organisation of a similar standard to the Club or Coaching Organisation originally stated in the Confirmation, however you acknowledge and agree that We do not guarantee that this will be possible.

16.5 Subject to the provisions of 16.2 and 16.3, Sport Lived reserves the right to change one or more Experience Programme activities listed in your Confirmation or advertised on the Website.  In such event We will use reasonable endeavours to organise alternative activities of an equivalent nature and duration, however you acknowledge and agree that We do not guarantee that this will be possible.

16.6 We believe that all statements made in Our brochure, Website and other marketing materials are correct at the time they are made. We have made every reasonable effort to describe the Programme and cannot be held responsible for any changes that become known or happen after the brochure was produced. Neither can We accept liability for happenings outside Our reasonable control. We undertake to advise you of any material changes known to Us prior to your departure providing there is sufficient time to do so and We are able to contact you.

17. CANCELLATION

17.1. You acknowledge that We will incur significant costs prior to the start date of the Programme in relation to organising and carrying out the administrative requirements in preparation for your participation in the Programme.  Therefore if:

17.1.1. you withdraw from the Programme more than 12 weeks prior to the start date stated in the Confirmation, We will retain your Deposit and any other monies you may have paid to Us to reflect the time, resources and expenditure We will have invested in processing your Booking Form and planning your participation in the Programme;

17.1.2. if you withdraw from the Programme less than 12 weeks prior to the start date stated in the Confirmation, We will retain the Price paid by you; and

17.1.3. if you withdraw from the Programme for any reason prior to the end date stated in the Confirmation, We will not be under any obligation to make any refund whatsoever to you.

17.2 It is your responsibility to ensure that you meet the eligibility criteria for your selected Programme prior to submitting the Booking Form.  We will not refund your Deposit or any other sums paid where it transpires that you are not eligible and/or cannot satisfy any other requirement of the Club, Academy, Coaching Organisation or host Country.

18. LIABILITY

18.1. The following terms set out Our entire financial liability (including any liability for the acts or omissions of Our employees or agents) to you for any breach of this Agreement and any representation, statement or tortious act or omission including negligence arising under or in connection with the Programme.

18.2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract between Us.

18.3. Nothing in this Agreement will exclude or limit Our liability for death or personal injury caused by Our negligence, for fraudulent misrepresentation, or for any other liability which cannot be excluded or limited by law.

18.4. Subject to clause 18.3 above, Our total liability to you (however arising) under or in relation to this Agreement including but not limited to liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise will be limited to the Price.

18.5. We will not be liable to you for any loss, costs, damages, liabilities, suits or claims arising under or in relation to this Agreement which:

18.5.1. do not relate to the provision of the Services or the performance of Our obligations under this Agreement;

18.5.2. arise as a result of the acts or omissions of third parties (including Third Party Service Providers) which are not related to the provision of the Services;

18.5.3. arise as a result of your acts or omissions (including without limitation your breach of this Agreement or any rules, regulations, policies and procedures notified to you by any Third Party Service Provider); or

18.5.4. arise as a result of a Force Majeure Event.  

18.6. You warrant that you will comply with your obligations under this Agreement and all rules, regulations, policies and procedures notified to you by any Third Party Service Provider from time to time during the Programme and agree to fully indemnify Us against all loss, costs, damages, liabilities, suits or claims arising from your failure to comply with the same.

18.7. The provisions of this clause shall survive and shall not be rendered ineffective by the expiry or prior termination of this Agreement for any reason whatsoever.

19. DATA PROTECTION

19.1. To enable Us to provide the Services to you We will ask you to provide personal details such as your name, email and postal address, date of birth, Nationality, passport number, medical details and information relating to your education, training and qualifications.

19.2. Our primary purpose in using your data is to provide you with the Services. We will keep all the personal information provided by you confidential except that We may use personal information for any of the following purposes: general correspondence and administration, contacting you to advise you of any Additional Activities or Experience Programmes that are being arranged and which We think you might be interested in, to resolve any queries you or We may have and to notify you of other services or products that might be of interest to you (although you can elect not to receive any of these at any time by contacting Us at the address set out in clause 21).

19.3. By Law We are required to obtain your consent to processing your data. By ticking the data protection tick box on the Booking Form you consent to Us using your personal data for the purposes outlined above. You can advise Us that you wish to withdraw your consent by contacting Us at the address set out in clause 21.

19.4. By virtue of the nature of the Programme and the Services We provide to you, it will be necessary for Us to pass your information to third parties located outside of the European Economic Community where controls on data protection may not be as stringent on the requirements in the United Kingdom. In doing so We will at all times aim to ensure that those third parties to whom We will pass information, agree to process that information in a secure and confidential manner however We cannot and do not guarantee that those third parties will be bound by strict rules regarding data protection. By completing and submitting the Booking Form you consent to Us passing your information on to such third parties. You may however withdraw your consent at any time by contacting Us at the address set out in clause 21. However, please note that withdrawal of such consent will inhibit Our ability to provide you with the Services and therefore your ability to participate in the Programme.

19.5. You agree that We have the right to use (i) any photograph or film taken by Us or on Our behalf during the continuance of the Programme and in which you might appear; (ii) any comments (written or verbal) which you may make concerning the Programme; and (iii) your name, age and city or area of residence, for advertising or publicity material and without obtaining your further consent or making any form of payment to you.

19.6. By completing and submitting the Booking Form, you agree to grant Us a licence to use any photograph or film relating to your participation in the Programme that you have made publically available on any social networking, personal or third party website during or subsequent to your participation in the Programme in advertising or publicity material. You may however withdraw your consent for such use at any time by contacting Us in writing at the address set out in clause 21. In the absence of such notification, your continued participation in the Programme will be taken as an indication of your continuing consent.

20. TERMINATION

20.1. Without prejudice to any of Our rights or remedies that have accrued prior to termination, Sport Lived may terminate this Agreement immediately by giving written notice to you if:

20.1.1. you fail to pay the Price or any Balance on the Payment Date;

20.1.2. you commit a breach of any material term of this Agreement and (if such breach is remediable) fail to remedy that breach within a period of 14 days after being notified in writing to do so;

20.1.3. We discover that any material information provided by you, whether on your Booking Form or otherwise, is incorrect, or that you have willingly omitted to disclose to Us information which is material to your suitability for the Programme; or

20.1.4. you act in a way that might reasonably be expected to bring yourself, the Club, the Academy, the Coaching Organisation, Sport Lived or the Sport into disrepute (including without limitation if you are found to have misused drugs or other substances which are illegal in the country of your placement, or if you commit any criminal offence in the country of your placement).

20.2. Upon termination of this Agreement you must vacate the Serviced Apartment and withdraw from the Programme whilst complying with all applicable rules, regulations, policies and procedures in so doing. In any case, you must vacate the Serviced Apartment on or before the end date of the Programme.

21. COMPLAINTS AND NOTICES

21.1 If you wish to make a complaint about your Programme, you should contact Sport Lived using the contact details set out below (or such other address, e-mail or fax number as We may notify you from time to time) and, where applicable, the provider of the relevant service describing the precise nature of your complaint(s) as soon as possible and in any event within 90 days of the event that gave rise to your complaint:

Post: Sport Lived, 40 Broadgate, Beeston, Nottingham, NG9 2FW, UK.
E-mail: info@sportlived.co.uk
Telephone: 0844 858 9103

21.2 We will endeavour to acknowledge in writing receipt of your complaint within 5 working days. A full reply may take up to 30 working days if We need to contact overseas service providers or Sport Lived representatives. In some cases it may be necessary for Us to contact you via telephone to discuss your complaint in more detail.

21.3 All notices to be given to Us under this Agreement must be in writing and sent to the postal or e-mail address set out above (or such other address, e-mail or fax number as We may notify you from time to time).

21.4 All notices to be given to you will be sent to the Serviced Apartment (during the duration of the Programme) or to your home address as stated on the Booking Form or to such address as you may notify Us of from time to time.

22. GENERAL

22.1. This Agreement constitutes the entire agreement between Us and you in relation to its subject matter, and replaces and extinguishes all prior agreements, arrangements, or undertakings, of any nature made by either you or Us, whether oral or written.  You acknowledge that in entering into this Agreement you have not relied upon, and shall have no rights or remedies (whether in tort, under statute or otherwise) in respect of any statements, collateral or other warranties, assurances, undertakings or representations (whether innocently or negligently made) by Sport Lived.  Nothing in this clause shall exclude or restrict the liability of either party arising out of fraudulent misrepresentation or fraudulent concealment. 

22.2. If any provision of this Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of this Agreement and the remainder of such provision will continue in full force and effect.

22.3. Failure or delay by Us in enforcing any provision of this Agreement (in whole or in part) will not be construed as a waiver of any of Our rights or remedies under this Agreement or otherwise.

22.4. Any waiver by Us of any breach of, or any default under, any provision of this Agreement will not be deemed a waiver of any subsequent breach or default.

22.5. The parties do not intend that this Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

22.6. We may assign any of Our rights or obligations under this Agreement, or any part of the same, to any person, firm or company.  If you are unable to attend the Programme, you may request to transfer your booking for the Programme to another person (the “Transferee”) provided that you give us notice of the same at least [30 days] prior to the commencement of the Programme. Any such transfer will be subject to our approval, and will be conditional upon our satisfaction that the Transferee is suitable to participate in your Programme. Any such transfer will be on such conditions as we may notify to you, and you and the Transferee will remain jointly and severally liable for payment of the Price and any additional administration and other costs that We notify to you.

22.7. This Agreement shall be governed and construed in accordance with English law. Any dispute arising under or in connection with this Agreement (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.