Terms and conditions
Conditions regarding activity and site
- Training areas are booked per two-hour session.
- Grass pitches are booked by the match and can include or exclude changing facilities.
- Game lengths vary dependent on the type of activity.
- Weekend pitch bookings operate on a three-hour basis, which includes two hours play time, and one hour change time. This is applicable for football and rugby.
- A cricket match booking is for 7 hours. This includes a maximum of 6 hours playing time and 1 hour for changing and mid game refreshments.
- Pitches and changing accommodation must be vacated at the end of the match.
- Failure to do so will incur a supplementary charge based upon the hourly charge for the booking which the hirer will be invoiced for.
- The Service Provider reserves the right to decline booking requests or to limit the amount of time played during a booking if it deems that this is in the long-term interests of the sustainability of the playing surface and/or the safety of those using it.
Method of hire
- Applications for the use of pitches and training areas must be via a Torbay Council Booking Form which is completed and returned to torbay.move@torbay.gov.uk.
- The applicant will be sent a copy of these terms and conditions of hire once a booking is received. An invoice will be issued post the booking period.
- The Service Provider reserves the right to refuse a booking without stating the reason.
- The Service Provider reserves the right to allocate pitches to casual users when not required by the seasonal hirer.
- Pitches must be booked at least 72 hours in advance. For example, a weekend pitch booking would need to be made before the Wednesday prior to the weekend the pitch is needed for.
Sub-letting
Sub-letting of pitches or facilities is not permitted without written authorisation. Bookings are non-transferable.
- Any hirer to be found sub-letting pitches without written authorisation will be subject to a termination of their booking(s).
- Any hirer sub-letting pitches will forfeit any monetary contribution they have made towards their booking due to the loss of those pitches for usage by others.
- If the hirer has been subject to VAT Exemption. They will be invoiced for the VAT inclusive rate for all their bookings. Does this make sense?
- The hirer's account will be terminated, removing any benefits they would benefit from by being a regular hirer.
- Payments All hirers of pitches or training areas on a casual or seasonal basis must pay for their hire in advance of use or in agreement with the Service Provider, an invoice will be issued.
- Payment for a season's hire may be made in instalments by agreement with the Service Provider.
- Where a customer is invoiced, the methods of payment will be indicated on the back of the invoice.
- No booking can be confirmed until the required payment method is agreed.
- The Service Provider reserves the right to amend the scale of charges at any time without prior notice.
Regular bookings
Booking requirements for regular sports club users
Regular teams will get priority access to their allocated home pitch to make bookings. To become a regular team, a team must have been booking with us for a minimum of two years without issue.
Once accepted as a regular user, the hirer adheres to the following conditions:
- Each team must have a single email address for contact.
- Each team must have the ability to pay by payment card online or via invoicing.
- The team must either
- Book games at the normal casual rate as and when required by the teams. OR
- Make and pay for at least 10 bookings at one time as this will result in a VAT saving (if hirer choose to opt-in – see VAT exemptions)
- Payment method (invoice or pay up front) must be agreed at the point of booking.
- Provisional bookings are not offered.
VAT exemptions
To qualify for our previously named "regular rate", the hirer will need to comply with the following rules.
- The series of bookings consist of 10 or more sessions.
- Each session is for the same sport or activity.
- Each session is in the same place, although a different pitch or court, or different number of pitches or courts is acceptable.
- The interval between each session is at least 1 day but not more than 14 days. The duration of the sessions may be varied; however, there is no exception for intervals greater than 14 days through the closure of the facility for any reason.
- The series is to be paid for as a whole and there is written evidence to the fact.
- This must include evidence that payment is to be made in full whether the right to use the facility for any specific session is exercised. Provision for a refund given by the provider in the event of the unforeseen non-availability of their facility would not affect this condition.
- The facilities are let out to a school, club, association, or an organisation representing affiliated clubs or constituent associations, such as a local league.
To take advantage of the VAT exempt rate, the hirer must meet all the above conditions. If the booking qualifies, the hirer will automatically be offered the VAT exempt rate.
Cancellation
The Service Provider reserves the right to close any pitch or ground during any day or days on which it has been let.
- If the hirer cancels a booking 5 working days or more in advance the hirer will be able to book an alternative date for the same activity using a credit. Money will not be refunded. All credits will have a pre-arranged expiry date – normally the end of the season.
- If the hirer has opted for VAT Exemption, any cancellation will be added back to their credit.
- If the Service Provider cancels a booking due to pitch conditions or extreme weather, the hirer will be able to book an alternative date for the same activity using a credit for the same value as your initial purchase.
- Pitch bookings cannot be cancelled within 24hours of the time the pitch is booked for. If this happens, you will still be charged for your booking.
The decision as to whether pitches are in a fit state of play rests ultimately with the Service provider. During inclement weather the pitch fitness can be ascertained by SWISCO on a Friday morning (for weekend bookings).
The Service Provider will inform the hirer by the close of play on Friday, if the weekend pitch is unplayable. In unplayable circumstances, the hirer will not be able to use the hired pitch for weekend play. Failure to adhere to these rules will result in the hirer being further charged for pitch repair and reinstatement.
However, if pitches are deemed suitable, the final decision regarding if a match can play remains with the referee.
The Service Provider reserves the right to cancel any booking and refuse use of a pitch in cases of misconduct or illegal use.
Use of facilities
The Hirer must always adhere to the following:
- All persons using facilities hired shall behave in a manner that does not cause injury, damage or nuisance to property, staff or other users of the park or ground. All persons shall conform to any regulations or byelaws in force with respect to the grounds and comply with any instructions they may receive from the ground staff, or any other officials appointed by the council.
- The club will be responsible for wilful or negligent damage caused to the pitch, equipment, building, fences or any other of the council's property by their own members, or the members of a club against whom they are playing.
- Clubs must ensure that they treat the facilities in a proper manner. This can include no washing of boots in showers, kicking of footballs in buildings or leaving litter such as drinks cans or sweet wrappers. No glass bottles or glass in any form must be taken into the changing facilities.
- Public liability insurance is compulsory for all clubs. The insurance must cover clubs for public liability claims arising from the use of the facilities, which are the subject of a hiring agreement. The minimum liability cover must be 10 million pounds.
- Torbay Council shall not be liable for the death or injury to, or damage to, or any expenses or other liability incurred by the hirer or any person in the exercise of this agreement.
- No excisable liquor shall be brought into the grounds except by permission of the council in writing.
- All hirers must comply with the council equal opportunities policy wherein they do not exercise any discrimination on the grounds of race, nationality, colour, ethnicity, age, sex, marital status, sexual orientation, religion, creed, or disability.
- A hirer failing to comply with any of these regulations and conditions will be liable to forfeit the use of the pitch, ground, or facility without any adjustment of fees in respect thereof.