Terms & Conditions
These Terms and Conditions are the standard terms which apply to all Orders.
Customers are reminded that use of the Aqua Park is a dangerous activity and that entry to and use of the Aqua Park is at each Attendee’s own risk. All Attendees (or their parent/legal guardian) must complete an Activity Waiver before entry to the Aqua Park and observe the entry conditions at all times.
- Definitions and Interpretation
The following definitions will apply in this agreement:
Activity Waiver means the waiver document, including the entry conditions applicable to all Attendees, in the form provided from time to time;
Attendee means any person entering the Aqua Park site;
Aqua Park means the floating inflatable obstacle course and all of the facilities at the location specified in Your Order confirmation email;
Aqua Parks Group means Aqua Parks Group Limited, a company incorporated in England and Wales with company registration number 10122468 whose registered office address is at c/o Lindley & Co Unit 52 Rumer Hill Business Estate, Rumer Hill Road, Cannock, Staffordshire, United Kingdom, WS11 0ET;
Contract means the contract between Us and You, concerning Your Order and Attendees’ entry to and use of the Aqua Park;
Customer/You/Your means an individual who places an Order for themselves and/or Attendees;
Entry Ticket means the ticket(s) provided by Us for Your Session when We accept Your Order;
Order means your order to purchase an Entry Ticket to the Aqua Park, whether placed through Our Website or in person;
Session means the date and time, as specified in the Order confirmation email, that You and/or the Attendee(s) in Your Order are, subject to these Terms and Conditions, permitted entry to the Aqua Park;
Terms and Conditions means the terms and conditions set out in this document;
We/Us/Our means the relevant owner and operator of the Aqua Park, including:
- At the Lakeside location: Aqua Park Lakeside Limited, a company incorporated in England and Wales with company registration number 12362110 and whose registered office address is at 52 Rumer Hill Business Estate, Rumer Hill Road, Cannock, England, WS11 0ET;
- At the Rutland location: Aqua Park Rutland Limited, a company incorporated in England and Wales with company registration number 10438076 and whose registered office address is at c/o Lindley & Co Unit 52 Rumer Hill Business Estate, Rumer Hill Road, Cannock, Staffordshire, United Kingdom, WS11 0ET;
- At the Cardiff location: Aqua Park Cardiff Limited, a company incorporated in England and Wales with company registration number 10436147 and whose registered office address is at c/o Lindley & Co Unit 52 Rumer Hill Business Estate, Rumer Hill Road, Cannock, Staffordshire, United Kingdom, WS11 0ET; or
- At the Grafham location: Aqua Park Grafham Limited, a company incorporated in England and Wales with company registration number 13258129 and whose registered office address is at 52 Rumer Hill Business Estate, Rumer Hill Rd, Cannock, Staffordshire, United Kingdom, WS11 0ET;
and includes all employees and agents of Ours;
Website means Aqua Park Group’s website which can be found at www.aquaparkgroup.co.uk;
Unless the context otherwise requires, each reference to these Terms and Conditions is a reference to these Terms and Conditions as amended or supplemented from time to time.
- Our Contract
- Your Contract for entry and use of the Aqua Park is with Us. The Contract is arranged by Aqua Parks Group in its capacity as agent acting on Our behalf. Aqua Parks Group accepts and manages Orders as Our agent.
- These Terms and Conditions apply to each Contract and contain information on how You can place an Order and the terms on which You and Attendees enter and use the Aqua Park.
- It is Your sole responsibility to ensure that You have authority to place an Order on behalf of all Attendees. It is Your sole responsibility to ensure that a valid Activity Waiver has been completed by or on behalf of each Attendee included in Your Order. You are fully and vicariously liable for compliance with these Terms and Conditions and any failure to complete an Activity Waiver by or on behalf of an Attendee.
- Placing an Order
- All Orders placed by You are subject to these Terms and Conditions. You should read and make sure that You understand them before placing an Order. You should contact Us before placing an Order if you have any questions.
- Orders may be placed in person, by emailing Us or by using Our Website.
- An Order constitutes a contractual offer that We may choose to accept. An acknowledgement of Your Order does not constitute acceptance. Our acceptance of Your Order takes place when We send You an Order confirmation email or, if You place an Order in person, when We tell You that We have accepted Your Order. At this point a Contract comes into existence between Us and You.
- Orders for exclusive use of the Aqua Park may be placed by email. Payment must be made in full when You place Your Order, subject to agreeing special credit terms. If special credit terms are agreed, a non-refundable deposit must be paid at least 96 hours before the date of the Session.
- Whilst We make all reasonable efforts to ensure that representations of the Aqua Park are correct, reasonable and accurate, images and video footage of the Aqua Park are for illustrative purposes only. By placing an Order, You confirm You are not relying on any such representations.
- Price and Payment
- The price of the Order will be as quoted on Our Website, in person or over email at the time You place the Order. The price of the Order includes VAT (where applicable).
- Payment must be made at the time the Order is placed or accepted and in any event before the Session. Payment may be made with cash (if in person), debit card or credit card.
- Our Contract
- Changes, Cancellations and Refunds
- You may request to change Your Session by emailing Us up to 7 days before the Session date. We will use all reasonable endeavours to accommodate Your request, however We cannot guarantee that You will be able to reschedule for Your requested date. Unavailability on Your requested date does not entitle You to a refund. No changes can be made less than 7 days before Your Session date.
- We reserve the right to cancel or reschedule Your Session at any time when reasonably required. We will inform You as soon as reasonably possible if We need to cancel or reschedule Your Session. You will receive a gift certificate for the value of Your Order which You can use to re-book for an available Session. The cancellation or rescheduling of Your Session does not automatically entitle You to a refund.
- Unless Your Session has already started, if You placed the Order using Our Website then you have a statutory right to a 14 day cooling-off period in which You may cancel Your Order and receive a full refund by contacting Us and letting Us know that You are exercising Your right to change Your mind.
- If You do not have a statutory right to change Your mind, then You will only be able to get a refund where the Aqua Park is closed for more than 30 consecutive days. If You do not have a statutory right to change Your mind and Your Order relates to a season pass, then You will only be able to get a refund where Your closest Aqua Park is closed for more than 30 consecutive days.
- You will not be entitled to a refund if You and/or any Attendee are refused entry or removed from the Aqua Park.
- ADMISSION to the Aqua Park
- The Aqua Park is located on private property and a valid Entry Ticket corresponding to an Order is required for admission to the Aqua Park. Entry Tickets will be issued when an Order is accepted. All Attendees must have a valid Entry Ticket when attending the Aqua Park. Entry Tickets are only valid for the Session printed on the ticket and the corresponding Order confirmation email.
- It is a condition of admission to the Aqua Park that You have paid for Your Order in full (unless special credit terms have been agreed for exclusive use of the Aqua Park).
- By placing Your Order, you accept that each Attendee must agree to and comply with the entry conditions in the Activity Waiver, including those listed below, at all times while in the Aqua Park:
- Attendees must be capable of swimming 25 metres unaided.
- Attendees must not be under the influence of alcohol or drugs.
- Attendees must not have any illness, injury or medical condition which may be worsened by participating in activities or which increases the risk of injury to themselves or other Attendees.
- Attendees must not have suffered any dislocation injuries prior to attending the Aqua Park
- Attendees must not be pregnant.
- Attendees must behave in a safe, responsible and considerate manner and must not act in a way which may cause injury to themselves or other Attendees, or otherwise interfere with other Attendees’ use and enjoyment of the Aqua Park.
- Attendees must comply with any reasonable instruction given by Our employees, personnel or any third party instructed on Our behalf, and must comply with all notices and directions provided and/or displayed by Us.
- It is Your sole responsibility to ensure each Attendee’s compliance with these Terms and Conditions and the entry conditions specified in the Activity Waiver at all times while in the Aqua Park. If an Attendee does not comply with the entry conditions, they will not be permitted to enter the Aqua Park and/or may be removed from the Aqua Park, in each case without any right to a refund. It is a condition of admission to the Aqua Park that all Attendees aged 18 and above must read, understand and sign the Activity Waiver prior to entry. Where an Attendee is under the age of 18, the Activity Waiver must be signed on behalf of each such Attendee by a parent or legal guardian (authorised to sign on behalf of the Attendee) prior to entry. Any Attendee who fails to sign the Activity Waiver, or (if under the age of 18) for whom an Activity Waiver has not been signed, will not be permitted to enter the Aqua Park and/or will be removed from the Aqua Park, in each case without any right to a refund.
- Attendees who leave the Aqua Park during a Session are not guaranteed re-entry.
- Changes to the Aqua Park
- We endeavour to ensure that as many inflatables as reasonably possible are available for use by Attendees. However, We reserve the right to remove inflatables from the Aqua Park as We deem appropriate.
- Your safety is Our primary concern. We therefore reserve the right to close the whole or any part of the Aqua Park or suspend the operation of the Aqua Park at any time for any technical or operational reasons (including staff illness) or due to weather, capacity, special events or for any other reason to ensure the safety and security of Attendees or if We reasonably consider the circumstances so require.
- If the Aqua Park is closed for any of the reasons set out above, We reserve the right to provide Entry Tickets for an alternative Session in substitution for a refund.
- Attendees with A disability
- We welcome visits by disabled people to the Aqua Park and endeavour to do all that is possible to provide a safe and enjoyable experience for all. If any Attendees have any special requirements, You should inform Us of this before placing an Order.
- Participating in water sports activities at the Aqua Park is vigorous and physically demanding. We therefore reserve the right to refuse admission to the Aqua Park should We feel there is a danger to a particular individual or individuals for whatever reason.
- We have been advised by the Health & Safety Executive that We fully comply with all laws regarding the treatment of, and provision for, individuals with any disability and that refusal on the grounds of health and safety does not constitute discrimination. We hope that You understand and accept any decision(s) made in the interests of safety.
- Nothing in these Terms and Conditions excludes or limits Our liability to You where it would be unlawful to do so. This includes liability: for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of Your legal rights in relation to Your Order (including Your consumer rights).
- For the avoidance of doubt, Your Contract is with Us and not Aqua Parks Group, who act as Our agent solely for the purpose of accepting and managing Orders. Aqua Parks Group do not own or operate any of the Aqua Parks and bear no responsibility beyond the acceptance and management of Orders and for processing refunds to You (if applicable).
- We are responsible to You for foreseeable loss and damage caused by us if We fail to comply with these Terms and Conditions or fail to exercise reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.
- We are not responsible to You (or any Attendees) for any loss or damage suffered by You (or any Attendees) to the extent that such loss or damage is caused by Your (or an Attendees) failure to comply with these Terms and Conditions and/or the Activity Waiver.
- Personal property is brought into the Aqua Park at the owner’s risk. We are not responsible for any damage, theft or loss caused to personal property brought into the Aqua Park.
- We always welcome feedback from Customers and Attendees and, whilst We use all reasonable endeavours to ensure that Your experience is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
- If You have any complaint about the Aqua Park or any of Our staff, please tell Us by emailing email@example.com.
- How We Use Your Personal Information (Data Protection)
- Changes to the Terms and Conditions and/or Activity Waiver
We may change these Terms and Conditions and/or the Activity Waiver at any time and without prior notice. We will inform You as soon as reasonably possible of any such change.
You cannot assign any of Your rights or subcontract any of Your obligations under a Contract without Our prior written consent. Entry Tickets are personal to Attendees and are not transferable.
Each clause of these Terms and Conditions operates separately. If any court or relevant authority decides that any clause or part thereof is unlawful, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
Failure or delay in exercising any right under these Terms and Conditions does not constitute a waiver of that right. No waiver of a breach of these Terms and Conditions will constitute a waiver of any subsequent breach.
- Law and Jurisdiction
These Terms and Conditions and any Contract between Us and You shall be governed by and construed in accordance with the law of England and Wales. Any dispute or claim between You and Us relating to these Terms and Conditions and any Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.