TERMS & CONDITIONS FOR ACTIVITIES WITHIN THE EAST DEVON CRICKET CENTRE (“EDCC”)
 

In these Terms & Conditions the words and expressions set out below shall have the following meanings:

• Activity: the activity taking place within the EDCC for the time, date and duration as detailed on the Platform, including but without limitation (i) net hire; (ii) junior and adult cricket courses; (iii) one-to-one/small group cricket coaching; (iv) indoor games; and (v) club and team coaching.

• Booking: a booking for an Activity made in accordance with the Booking and Payment Terms section below.

• Charges: the charges the Customer has agreed to pay EDCL for the Activity as detailed on the Platform.

• Customer: any person making a Booking pursuant to these Terms & Conditions.

• Designated Area: means the area designated by EDCL for performance of the Activity.

• ECB: the England and Wales Cricket Board Limited, the national governing body of cricket in England and Wales, and any successor organisation.

• ECB Anti-Discrimination Code: the ECB’s Anti-Discrimination Code (available here), as updated from time to time.

• EDCL: means East Devon Cricket Limited a company incorporated in England and Wales with registered company number 16770551 as owner and operator of the EDCC.

• EDCC: the East Devon Cricket Centre located at Unit 4, Talewater Mill, Exeter, Devon, EX5 2RT.

• Participant: any person taking part in or watching the Activity booked by the Customer;

• Person: shall be deemed to include any individual, club, company, corporation or other entity.

• Platform: means, together, EDCC’s booking platform at and EDCC’s website at www.eastdevoncricketcentre.co.uk.

• Start Time: the starting time for the Activity as detailed on the Platform.

• Terms & Conditions: these terms & conditions.
   

BOOKING AND PAYMENT TERMS

• The Customer acknowledges that an Activity is offered on a first come, first served basis subject to availability and to these Terms & Conditions.

• Bookings must be made online via the Platform and the Customer must pay the Charges in full and cleared funds at the time of making the Booking.

• Customers who have successfully booked an Activity will receive confirmation by email to the email address provided by the Customer as part of the Booking process. At this point a legally binding contract will be in place between EDCL and the Customer and any third party on whose behalf the Customer has made the Booking.

• If a Customer makes a Booking on behalf of a third party, the Customer shall be deemed to be acting with authority of the person for whom the Customer is making the Booking and for the avoidance of doubt this includes acting with authority of the person to agree to these Terms & Conditions.

• Any Customers with accessibility needs are requested to email contact@eastdevoncricketcentre.co.uk at the time of Booking to allow EDCC to make any requested reasonable and practicable adjustments within EDCCs control.

• By making a Booking, the Customer will be deemed to have accepted and agreed to be bound by these Terms & Conditions.

• The Customer agrees to bring the Terms & Conditions to the attention of any Participant(s) and confirms that the Participant(s) have also read and agreed to comply with these Terms & Conditions.
   

ENTRY

• The Customer and/or any Participant may be required to show proof of Booking and/or identification before entry will be permitted.

• Any Participants under 18 years old must be accompanied by an adult both while using EDCC and moving to and from EDCC and the designated parking area.

• Parking at EDCC is always subject to availability and cannot be guaranteed. Customers and Participants must park in the area designated for EDCC users and not cause any obstruction or inconveniences to users of adjoining premises.
   

GENERAL REGULATIONS

• By making a Booking, the Customer acknowledges and agrees and will procure the same from each Participant that:

  • they are subject to such rules and regulations as EDCL may prescribe from time to time;

  • the Activity shall be confined to the Designated Area and they are not permitted to access the Designated Area until the Start Time and/or play cricket in any area outside of the Designated Area at any time;

  • they shall vacate the Designated Area following the conclusion of the Activity or at the time advised by EDCC staff;

  • they are not permitted to move nets or any EDCC equipment unless authorised by members of the EDCC staff;

  • during the Activity, they must wear: (i) indoor sports footwear, preferably white, at all times (footwear with heavily ridged, studded or spiked soles is not permitted to be worn on the playing surface in the Designated Area); and (ii) suitable cricket clothing;

  • during the Activity, they are required to provide their own cricket equipment, including cricket balls (unless otherwise agreed with EDCC) and no cricket equipment shall be left in the nets or the surrounding area following the conclusion of the Activity;

  • they shall ensure nothing is done which may constitute a breach of the law or which may be inappropriate, cause nuisance or annoyance, danger, offence or inconvenience any other person in the EDCC;

  • they will treat EDCC staff, and any other person present in the EDCC with respect at all times;

  • they shall not photograph and/or film any other person without their consent;

  • they will not consume food or drink in the area where the Activity is taking place; and

  • they are not permitted to bring in any flammable or other potentially dangerous or hazardous materials or equipment into the EDCC.

• In the event any Customer and/or Participant is involved in an accident or incident whilst at EDCC, the Customer and/or the Participant agrees to co-operate with any reporting procedures undertaken by EDCL from time to time, including providing a name and any contact details required. Any data collected and processed by EDCL will be in accordance with the Personal Data section below.
   

ACTIVITIES

• Net Hire:

  • Bookings are limited to eight Participants at any one time.

• Coaching and Under 18s

  • If coaching forms part of the Activity, EDCL will use reasonable endeavours to provide the coach requested by the Customer, but all coaches are subject to availability and EDCC cannot guarantee that a particular coach will be available for the Activity. All coaching sessions provided by EDCC will last for one hour unless otherwise specified. A coach may photograph and/or film the Customer and/or the Participant(s) during a coaching session as a legitimate coaching aid.

  • All personal data shall be processed in accordance with the Personal Data section below.

• Any Bookings made for Participants under the age of 18 (without the services of a coach) must be supervised by an adult at all times. The Customer is fully responsible for ensuring that a supervising adult is present at all times, and for ensuring that the adult is appropriately trained and vetted to supervise Participants under the age of 18 (including, where required, that the adult has a valid and current DBS check and any other requisite checks/registrations).

• All Participants under the age of 18 must comply with the directive issued by the ECB regarding use of helmets, which states that ‘A young player (up to the age of 18) should not be allowed to bat or to stand up to the stumps when keeping wicket without a helmet (with a faceguard) against a hard ball’. Participants over the age of 18 are strongly encouraged to comply with this directive also.

• In accordance with the Liability section below, participation in the Activity is at the Customer’s and/or the Participant(s) own risk.
   

BREACH AND CONSEQUENCES

• The Customer and any Participant agree, without prejudice to any other rights which  EDCL may have, that if the Customer and/or any Participant breaches these Terms & Conditions they may:

  • have a Booking cancelled without refund or compensation;

  • be refused entry to and/or ejected from EDCC without refund or compensation;

  • be excluded (indefinitely or for a period of time determined by EDCL) from using the EDCC;

  • have any such other action taken against them as may be determined by EDCC; and/or

  • have legal action taken against them in connection with such matters.
     

EVENTS OUTSIDE EDCL’S CONTROL

• EDCL will not be liable for any failure (whether complete or partial) or delay in relation to the performance of its obligations under these Terms & Conditions where the failure or delay arises from an event beyond its control and EDCL shall cancel the corresponding Booking by giving notice to the email address provided by the Customer as part of the Booking process. Any cancellation shall be made in EDCL’s sole and absolute discretion without reason or explanation and such decision shall be final.

• If the immediately preceding paragraph applies, EDCL shall use reasonable endeavours to make alternative arrangements, including rescheduling the Booking to an alternative day, or if not possible or practicable, cancel the Booking and issue a refund of the Charges to the Customer who made the Booking. No further liability shall be assumed by EDCL by way of compensation, or otherwise, including but not limited to any personal travel or other arrangements made in relation to a Booking or the cancellation of a Booking.

CANCELLATION

• EDCL reserves the right to cancel a Booking at any time prior to the date of the Activity. Any cancellation shall be made in EDCL’s sole and absolute discretion without reason or explanation and such decision shall be final.

• If the preceding paragraph applies, EDCL shall use reasonable endeavours to make alternative arrangements, including rescheduling the Booking to an alternative day, or if not possible or practicable, cancel a Booking and issue a refund of the Charges to the Customer who made the Booking. No further liability shall be assumed by EDCL by way of compensation, or otherwise, including but not limited to any personal travel or other arrangements made in relation to a Booking or the cancellation of a Booking.

• If for unavoidable reasons, the Customer wishes to cancel the Booking prior to the Activity, the Customer must notify EDCL by email at: contact@eastdevoncricketcentre.co.uk

• If a Booking is cancelled, the following cancellation charges will apply:

  • if the Booking is for the full hall (i.e. three nets) for two or more hours, at least two weeks’ notice of cancellation is required, otherwise all of the Charges will be retained by EDCL; and

  • if the Booking is for two nets or fewer, at least 72 hours’ notice of cancellation is required, otherwise all of the Charges will be retained by EDCL.

  • ​All refunds are subject to a £1.00 administration fee. Bookings may be transferred to a new date or time at no additional cost, subject to availability and the required notice being provided.

• No refunds or amendments will be accepted for any Bookings for holiday courses except in the case of illness or injury or at EDCL’s sole discretion. For cancellations in cases of illness or injury, a letter from a medical practitioner must be provided before any refund will be considered by EDCL.
   

LIABILITY

• The Customer and any Participant(s) on a joint and several basis hereby agree that they shall indemnify, and keep indemnified, EDCL against any losses (of whatever nature and however caused or incurred), damages, liabilities, costs and expenses incurred by EDCL as a result of or in connection with: (i) the Customer’s and/or the Participant(s) breach of these Terms & Conditions; and (ii) any damage caused by the Customer and/or the Participant(s) at EDCC.

• The Customer and any Participant(s) acknowledge that entry, presence and/or movement within the EDCC and participation in the Activity is at their own risk. This includes without limitation, an acknowledgement to the risk of being struck by a cricket ball whilst participating in the Activity.

• Subject to the final paragraph of this section, EDCL will not be liable for any injury, illness, loss or damage suffered by the Customer and/or any Participant(s) while using or traveling to and from the EDCC. The Customer and any Participant(s) should be alert and use the correct protective equipment at all times during the net session in order to try and prevent injury to the Customer and any Participant(s).

• Subject to the final paragraph of this section, EDCL shall not be liable for any failure, delay, refund, loss, damage or expense caused by circumstances outside EDCL’s control and whether foreseeable or not.

• Subject to the final paragraph of this section, EDCL shall not be responsible for any: (i) technical glitches or malfunctions on the Platform or any other problems outside of its control that result in a Booking not being properly received by EDCL; or (ii) any damage, loss, injury or disappointment suffered as a result of using the Platform or not obtaining a Booking.

• EDCL’s total liability under, or in connection with these Terms & Conditions whether in contract, tort (including negligence) or otherwise, will not exceed the Charges.

• Any claim arising out of or in connection with the use of and/or travel to and from the EDCC may only be brought against EDCL. Under no circumstances shall any Customer, Participant or other person have any right to claim against any director, officer, employee or agent of EDCL.

• EDCL does not hereby seek to exclude liability for death or personal injury caused by its negligence, fraud, or fraudulent misrepresentation, or for any other liability unable to be excluded under any applicable law.

 

ANTI-DISCRIMINATION

• The EDCC is committed to promoting diversity and equal opportunities and expects all visitors to comply with the ECB’s Anti-Discrimination Code.

• The Customer and/or any Participant(s) must at all times refrain from any conduct or behaviour which is discriminatory on the grounds of: age; disability, gender reassignment, marital or civil partnership status, pregnancy or maternity, race, religion and belief, sex or sexual orientation.
   

AMENDMENT
EDCL reserves the right to make amendments to these Terms & Conditions from time to time. Up to date versions of these Terms & Conditions will be made available as soon as practicable on EDCL’s website.

CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

No third party shall have the right to enforce any of these Terms & Conditions under the Contracts (Rights of Third Parties) Act 1999. However, is agreed and acknowledged that EDCL shall have the benefit of and be entitled to enforce all the provisions of these Terms & Conditions against any Participant(s) notwithstanding that they may not be a party hereto.
 

PERSONAL DATA
Any personal data collected by EDCC shall be processed by EDCC in accordance with EDCC’s Privacy Notice which may be viewed here.
 

GOVERNING LAW AND JURISDICTION
These Terms & Conditions shall be governed by English law. Any dispute arising from or in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the English courts.
 

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