Terms and Conditions of Hire
Block Bookings (Points: 1-20)
Regular Bookings (Points: 8-20)
Junior Sports Club bookings (Points: 1-20)
1. The Centre can only accept block bookings from recognised clubs.
Block bookings are accepted for a maximum period of 12 months and then reviewed after 10 months. No guarantee is given that the block booking will be accepted for a further 12 month period.
2. The Hirer will be invoiced for the full amount relating to the hire of facilities, 10 weeks prior to the booking.
The invoice must be paid in full within 14 days of receipt. The Hirer must sign acknowledgement of attendance at Reception prior to commencing the activity.
3. The Basic VAT Position
Facilities let for playing of any sport, or for taking part in any form of physical recreation, are normally subject to VAT at the standard rate. However, if the facility is let for a continuous period in excess of 24 hours, or is let for a series of 10 or more sessions, then the supply may, in the following circumstances, be exempt from VAT:-
(i) Each period is in respect of the same activity carried on at the same place;
(ii) The interval between each period is not less than one day and not more than 14 days;
(iii) Consideration is payable by reference to the whole series and is evidenced by written agreement;
(iv) The grantee has exclusive use of the facilities; and
(v) The grantee is a school, a club, an association or an organisation representing affiliated clubs or constituent associations.
4. A series of 10 or more periods, whether or not exceeding 24 hours
(i) The interval between each period is not less than one day and not more than 14 days;
The only relaxation to the 14 day break rule would be to an unforeseen/unplanned closure of the Centre by the Local Authority which was not known at the time of booking. A refund may be given for the lost booking without affecting the exemption in this situation.
For yearly bookings with breaks exceeding 14 days in total, separate bookings/contracts are required for each term to qualify for VAT exemption, otherwise the annual booking would be subject to VAT at the standard rate.
5. Consideration is payable by reference to the whole series and is evidenced by written agreement
Additional one-off dates notified after the date of the initial agreement and bookings may only be treated as part of the series and therefore exempt where the additional date is added in advance, and the cost for the series amended accordingly.
Refunds, however, cannot be given on any cancellations for the exemption to still apply, unless the total number of days would still be 10 or more, and the Local Authority is willing to cancel the original contract and issue a new one for the reduced period.
For the conditions to be met, a programme of dates must be agreed when the booking is made. Any application stating “on-going” or similar nonspecific terms would not qualify for exemption and VAT will be charged at the standard rate.
6. The grantee is a school, club, an association or an organisation representing affiliated clubs or constituent associations
Written evidence is required, at the time of booking, to prove that the Hirer is one of the above and/or has affiliation with the appropriate National Governing Body.
Any commercial groups will not qualify for the exemption as they will not be any of the bodies listed above. This will normally include martial arts groups, aerobics, ballet classes and soft tennis tuition etc where attendees pay the teacher each week as opposed to being members of a club.
The Hirer may only be eligible for VAT exception where they answer no to the following questions:
a. Is it the primary purpose of your organisation to generate a profit from its activities?
b. Is your organisation run as a business? If you are a business tell us whether you are a sole trader, a partnership, or limited company
(if you are a limited company please give company registration number on your booking form).
c. Are you or your coaches/leaders/committee members paid a salary or a wage? (you may answer no to this question if you/they are volunteers who claim no more than out of pocket expenses such as bus fares)
7. Supplementary charges
Any additional charges which do not relate to the hire of the sporting facilities such as administration fees or for the hire of equipment is not covered by the exemption and will be treated as a separate standard-rate charge.
8. Cancellation of Bookings
(i) The Hirer must give in writing to the Centre Manager:
a. At least 7 days notice of cancellation of a single booking within a series of bookings
b. At least 21 days notice of cancellation of a series of bookings Failure to give the required notice will result in the full hire fee being charged
(ii) The Centre reserves the right to cancel any booking or adjust the activity areas and times allocated to the Hirer to ensure optimum use of the facilities.
At least 14 days written notice will be given and the Centre will refund any monies paid in respect of advanced booking if the Hirer is unable to attend new dates/times
9. Any organisation using the facilities must ensure that all helpers, assistants and coaches etc. have been police checked for the purposes of working with children and possess the appropriate National Governing Body Qualifications for delivery of sessions.
In accordance with the Council’s Child Protection Policy, all organisations using the facilities must enrol on the Child Safe Wales Scheme. All clubs must ensure that a copy of their policy statement is submitted with their booking form. A list of coaches, assistants, helpers etc. must be submitted with confirmation that they have an enhanced CRB check in advance of the booking. This list must be updated as and when new staff are taken on. Only persons listed in the booking information and meeting the criteria will be permitted to run the sessions.
10. Any organisation using the facilities must ensure that they comply with the National Governing Body’s Guidelines for good practice
E.g. Coach : Participant ratios
11. The Hirer shall ensure that the use of the facilities does not cause a nuisance, annoyance or disturbance to any other person.
The Hirer must also observe any regulations made by the Council relating to the use of facilities, and shall ensure that all persons present with
the organisation comply with the instructions of the Management and Staff of the Centre.
12. Conwy County Borough Council does not accept responsibility for personal injury, damage to or loss of property arising out of the use of the facilities in the absence of negligence.
The Hirer shall indemnify the Council against third party claims relating to any form of tuition and is responsible for providing the organisations own public liability insurance (minimum insured £5,000,000).
Proof of insurance and qualifications to be submitted before the booking is accepted.
13. All accidents/incidents/near misses must be reported to Reception and full particulars recorded.
14. Staff will not permit photographs, video or images of young people to be taken without obtaining prior permission from both the Centre Manager and Parents/Guardians of the subjects
15. The Centre reserves the right to alter its scale of charges giving at least 28 days notice
16. the Centre has the right to close the facility down if there is a risk to the public due to unsafe conditions (i.e. bad weather, structural
The hire fee will be refunded or alternative dates offered. The Centre accepts no liability for any other expenditure incurred or loss sustained by the Hirer
17. Smoking is not permitted in the facility at any time
18. Customers are not permitted to move equipment
19. The Hirer must allow 5 minutes of their booking time for set-up/dismantle of equipment.
(Hour booking = 55mins)
20. The Hirer must inform Centre staff of any members of their Group/Club/School/Organisation with medical conditions which could affect their safety whilst participating in the organised activity e.g. epilepsy/diabetes on each occasion