Big Splash Water Parks Ltd trading as Harbour Splash Terms & Conditions

 

These terms & conditions govern the contract you are entering into.

Definitions:

Big Splash Water Parks Ltd. trading as Harbour Splash: (“the company”)

Customers: Any person (or parent/guardian if under 18) who is in attendance and/or participating in an activity organised by the company

Activities: Including but not limited to the use of the aqua park and the company’s facilities and boat transfers

Bookings:

By submitting a booking the customer represents to us that they have the authority to make the booking for themselves, their child or on behalf of a group and that they accept that the booking is subject to these Terms and Conditions. A contract exists as soon as the booking is confirmed, either via email or through our Online Booking Service Provider. Customers should check the details of their booking carefully and promptly to ensure that it accurately reflects the arrangement they have requested. They should immediately inform us of any discrepancies.

If customers are under 18, we will require their parent’s/guardian’s consent prior to them participating in any of our activities. Children age 8 and 9 have to be accompanied on the water by an adult, one adult can bring a maximum of 3 children of this age. Children age 10 to 15 have to have an adult on site for the duration of their session. Children age 6 and 7 when participating in our grom sessions, have to be accompanied by an adult. One adult can bring one child of this age out on the park.

Payments:

All session prices are subject to change. In order to secure a booking the full amount is due at the time of booking.

The company reserves the right to cancel any booking without prior notice if full payment has not been made in accordance with these conditions.

Cancellations:

All cancellations made by the customer must be made in writing and submitted via email or post. In the event of a cancellation or a request to reschedule more than 48 hours (7 days for group sessions with 10-24 participants; 14 days for group sessions with 25 or more participants or private hire events) before a session commences, we will refund the amount paid to date or reschedule the session (pending availability). In the event of cancellations/rescheduling less than 48 hours (7 days for group sessions with 10-24 participants; 14 days for group sessions with 25 or more participants or private hire events) before a session commences, the amount paid to date is forfeited. Non-attendance will result in the entire amount paid to date to be forfeited. For group bookings the final number of participants can be changed up to 7 days (for groups of 10-24 participants) or up to 14 days (for group sessions with 25 or more participants or private hire events) before the session starts (minimum numbers apply and prices may change if the number of participants changes) – this is the number of people that the customer will be charged for. The company reserves the right to cancel or reschedule a session at any time without any prior notice where we believe it is necessary due to unsuitable conditions. Rescheduling a session, for example due to weather, is not a cancellation. If a session has to be cancelled by the company, customers have the option to book into another session or to get a full refund.

Refund Policy:

Big Splash Water Parks Ltd. operates a strict no-refund policy. No refunds will be issued for failing to turn up or arriving late for booked sessions.

Health & Safety: Safety is of great importance at all times. Watersports Activities can be hazardous and customers (if under the age of 18 their parents/guardians) must accept that there are risks when participating. Customers must comply with all safety and general instructions given by the company and its staff. When participating in a session, customers must be in general good health and must satisfy themselves that the activities are within their abilities. The company reserve the right to refuse a booking on medical grounds.

Medical Attention: The customer will permit for basic First Aid to be administered by a qualified member of staff or by a qualified medical practitioner and in case of a medical emergency for a medical practitioner to provide emergency treatment and/or medication.

Activities /Group Structure: The nature of the activities are weather dependent and therefore are subject to change.  The company reserves the right to adjust schedules and activities accordingly.

Park Layout and changes: We reserve the right, without prior notice, to remove any inflatable or feature that we deem necessary or to change the layout of the park.

 Unruly Behaviour: Customers are required to be considerate towards others and to adhere to the company’s noise management policy. If the customer or any member of their party is behaving in such a way as to cause danger, upset or distress to any third party or damage to property, the company reserves the right either for the safety of staff or other participants to remove the person from the activity if necessary. No refunds will be given  and the customers are liable for any damage caused. The consumption of alcohol or drugs/illegal substances on the companiy’s premises is strictly prohibited.  Parents/guardians are liable for their children.

Insurance: The company has public liability and employers liability insurance. A copy of any of the policies are available upon request by any customer.

Intellectual Property : The copyright and all other intellectual property rights in the products and services shown in the company’s brochures, website and other materials shall at all times remain the property of the company.

Photographs: The company occasionally takes photographs and/or video during sessions, which may appear on the company’s brochures, websites and other marketing materials including online. If a customer does not wish to be photographed this should be raised with the company in writing before the session commences.

Data Protection: Personal information requested by the company is held in its original form and on computer. The company is the data controller for the purposes of the Data Protection Act 1988 and will process the data in accordance with the act.

Applicable Law: The contract and any dispute or claim arising out of it or in connection with it shall be governed by and construed in accordance with the Irish law. The customer irrevocably agrees that any dispute that arises shall be dealt with under the exclusive jurisdiction of the courts of The Republic of Ireland.

Understanding of Terms and Conditions: The company’s acceptance of any booking will only be done subject to the customer’s acceptance of these conditions and the Terms and Conditions on the company’s website. Payment and/or a consent signature of the customer (parent/guardian if under 18) will be regarded as evidence of acceptance of and consent to these conditions.

I confirm that I am 18 years or older and (if applicable) I also confirm that the child(ren) included in this booking are under 18 years old but over 5 years old and that the child(ren) is/are over 1.20 metre in height and that all members of this booking can swim 50 meters with a buoyancy aid on unassisted.

If applicable, I declare that if I am not the parent or legal guardian of the child(ren) I have authority from the parent or legal guardian of the child(ren) to sign this waiver form.

I give consent for my child/ren to participate in the ‘activities’ as defined.

I acknowledge and accept that the Activity requires a moderate level of fitness and can be physically demanding. I confirm that I do not know of any medical condition that I or any of the child(ren) suffer from which might have the effect of making it more likely that I or any of the child(ren) be involved in any incident which could result in injury to myself, the child(ren) or others.

I acknowledge and accept that the Activity is potentially dangerous and that by participating in the Activity I and the child(ren) are exposed to the possibility of personal injury and/or death and/or property damage and I accept this risk on my behalf and on behalf of the child(ren).

I hereby indemnify “the company” against all claims made by any other person against “the company” in respect of any injury, loss or damage arising out of or in connection with my failure and/ or the failure of the child(ren) to follow safety instructions and/or directions of “the company” their servants or agents its management and/or staff.

I confirm that I am 18 years of age or older and acknowledge that I have read and fully understand the above prior to signing below.

Bookings are accepted by the company on the basis that all details provided by the customers are accurate and true.