Action Watersports T&C's
Terms & Conditions
Action Watersports Ltd places great importance on the safety of its guests and endeavours to ensure that high standards are met by all persons visiting the site. Please assist us in ensuring our site and its facilities remain a safe place in which to enjoy fun and exciting experiences.
Note: These Terms and conditions affect your legal rights. It is therefore important that you read and understand them. No variation to these Booking Terms & Conditions shall be binding unless agreed to in writing by Action Watersports.
When the following words with capital letters are used in these Terms (as defined below), this is what they will mean:
Activity: the services that we are providing to you as set out in the Booking and “Activities” shall be interpreted accordingly.
Activity Rules: means the rules relating to the Activity located at Action Watersports Ltd.
Booking: the order for the Activity on Our Site and “Booked” shall be understood accordingly.
Booking Reference Number: an individual reference number issued per Booking, this number shall be understood that the Booking has been confirmed (Contract).
Contract: the Booking for the supply of the Activity by Us to you and any Participants.
Customer/You/Your: a person who books one or more Activities/products offered on Site, may also be referred to as “Guest”
Our/Us/We: Action Watersports Ltd Company number 4146130 registered address Lake 1, Dengemarsh Road, Lydd. TN29 9JH
Pass or Passes: a valid pass allowing the holder entry to partake in the activity.
Participant: an individual who takes part in the Activity.
Site: Action Watersports or any part of it.
Session: means the period of time partaking in the Activity.
Guest: a person visiting the Site as a spectator or Participant.
Waiver: the Participant consent to partake in the Activity.
Website: means the www.actionwatersports.co.uk website.
1. OUR CONTRACT WITH YOU
1.1 These Terms tell you information about Us and the legal terms and conditions upon which:
a) You can make Bookings; and
b) You enter the Site; and
c) We supply the Activity to You and any Participant.
1.2 These Terms will apply to any contract between Us for the supply of the Activity by Us to You and any Participant (Contract).
1.3 Bookings are bound by the Admittance Criteria and Site Terms, please read these Terms carefully and make sure that you understand them, before making a Booking. Please note that before making a Booking you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to make a Booking.
1.4 These Terms will become binding on You, any Participant and Us when We verbally accept a Booking on Site or we issue a written confirmation of a Booking, either by receipt or invoice. This includes email and website confirmation if booked online, at which point a Contract will come into existence between You, any Participant and Us.
1.5 We shall assign a Booking Reference Number to the Booking and inform you of it when the Booking is confirmed. Please quote the Booking Reference Number in all subsequent correspondence with Us relating to the Booking.
1.6 If activities are bought on behalf of other Participants, you accept the Terms on behalf of every Participant/Guest and shall ensure that the Terms are complied with by each Participant in the group.
1.7 Group and private bookings will be required to pay in full at the time of Booking. final numbers must be agreed to at least 21 days prior to the Booking date. All Participants in Your group will be required to complete a Waiver prior to partaking. We have the right to charge for any damages should they occur.
1.8 Every time you make a Booking on Our Website, the Terms in force at the time of your Booking will apply to the Contract between Action Watersports Ltd & You
1.9 Whilst We make all reasonable efforts to ensure that the descriptions of the Site are correct and reasonable and accurate, Images and video footage of the Site are for illustrative purposes only. By proceeding with a Booking, You confirm You are not relying on any representations made.
2.1 The price of the Activity includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom.
2.2 Off Peak pricing applies: Weekdays, excluding Bank and School Holidays
2.3 Peak pricing applies: Weekends, Evenings, Bank and School holidays
3.1 Full payment is due at the time of Booking, your Activity cannot be confirmed until full payment is received.
3.2 You can pay for the Activity online using a debit card or credit card. If you pay on Site you can pay by cash, debit card or credit card. We accept all major credit and debit cards, except American Express.
4.1 We will make every effort to supply the Activity in accordance with the Booking
4.2 We may have to cancel or reschedule an activity due to an event outside our control. We will contact you as soon as possible if this happens.
4.3 Participation in any of our activities is physically demanding and therefore Participants should only participate in an activity if physically and medically able to do so. The Activities we provide are not suitable for any person who suffers from any heart or respiratory conditions, seizures, pre-existing injuries involving joints, prone to dislocations, or that is or may be pregnant. We advise You consult Your doctor prior to booking an Activity.
4.4 You will be admitted to the Activity subject to the Admittance Criteria. If you do not comply with the Admittance Criteria or You fail to complete the online Waiver You will not be permitted to partake in the Activity or may be removed from the Activity by Us, without any right to a refund. You must comply with any reasonable instructions given to You by Our personnel or any third party instructed on behalf of Us. We reserve the right to vary these admittance conditions at any time without prior notice.
4.5 In order for Us to provide the Activity, We will need You to provide Us with a signed Waiver for each Participant taking part in the Activity. The Waiver must be read, understood and sign prior to partaking in the Activity. This can be completed online via Our Website.
4.6 Where a Participant is under the age of 18, the Waiver will need to be signed by a parent or legal guardian responsible for the Participant. If You do not, after being asked by Us, provide Us with a signed Waiver relating to the Activity, The Participant will not be permitted to partake in the Activity. We will not be liable for any delay or non-performance where you have not provided a Waiver in accordance with these Terms.
4.7 You will given a timed appointment for Your Activity. Please allow enough time to arrive at the Site at least 45-minutes prior to the start of the Activity on your 1st visit and 30 minutes prior to the start of the Activity on subsequent visits. This is to ensure there is sufficient time to allow for parking, check-in and safety briefings. We reserve the right to refuse admission for any late arrival and We shall not be obliged to offer any refund, rebooking or compensation in such circumstances.
4.8 Action Watersports is prepared for the British weather and Activities will continue during most weather conditions (except in circumstances of extreme wind, lightning or any weather condition that is deemed dangerous). If the weather prevents Your activity from going ahead We will contact You as soon as possible and issue a credit.
4.9 We will not issue a refund or credit if You decide not to attend Your Booking due to the weather and We are open and it is safe to operate.
5. ENTRY CONDITIONS
5.1 Customers are admitted to the Site and Our activities subject to the following Entry Conditions. By purchasing or using a Pass, Guests agree to comply with these Entry Conditions
5.2 Any person who does not comply with these Entry Conditions may be removed from the Site by Our personnel or police officers, without any right to a refund. This is without prejudice to any claim that we may have against such a person or arising out of their actions.
5.3 Whilst inside the Site, all visitors must comply with any reasonable instructions given to them by Our personnel, or any third party instructed on behalf of Us. Acting reasonably, We reserve the right to vary these Entry Conditions at any time without prior notice.
5.4 By entering the Site, Guests accept that they have a duty to take reasonable steps to ensure their own safety, taking into account any personal medical conditions. All Guests in and around the Site should behave in a safe manner at all times.
5.5 No person under the age of 14 will be admitted to the Site unless they are accompanied by an adult (18 years or over), and such person or persons whilst on site must remain under the control or supervision of an adult at all times. For the avoidance of any doubt, responsibility for the behaviour and actions of any Participant for whom a Waiver has been signed by their parent or guardian (or responsible other pursuant) remains with the person who has signed the Waiver on the Participant’s behalf. We reserve the right, in its absolute discretion to change the age restrictions referred to in this condition, if any particular circumstances so require in the interests of safety and security.
6.1 Passes are non-refundable
6.2 No refunds will be issued for failing to turn up, arriving late for a Booked Session or for being removed from the Activity.
6.3 We will not issue a refund or credit if you decide not to come due to the weather when We are open and it is deemed safe to operate.
6.4 You are not permitted to change or cancel any Activity when it is Booked
7. GIFT VOUCHERS
7.1 In order to purchase a Gift Voucher, you will need to purchase through our Website
7.2 Gift Vouchers ordered through our Website will be delivered automatically by electronic means to the email address you specify at the time of order. Our Gift Vouchers include unique numbers and configurable patterns.
7.3 Our Gift Vouchers must be redeemed as full or part payment of products and services from Us. A Gift Voucher cannot be used to purchase a further Gift Voucher.
7.3 When ordering a Gift Voucher from our Website, you should ensure to enter the recipient’s email address correctly.
7.5 Site offers and promotions (including gifts with purchase and discounts) do not apply when purchasing Gift Vouchers.
7.6 Gift Vouchers may not be resold on any internet site such as Ebay, Gumtree or any other similar site.
7.8 Gift Vouchers cannot be exchanged for cash.
7.9 We are not responsible if a Gift Voucher is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
7.10 The gift voucher must be presented on arrival.
a) the content of the pages of Our Website is for Your general information and use only. It is subject to change without notice.
c) Your use of any information or content on Our Website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any services, products, or information available through Our Website meet Your specific requirements.
d) Our Website contains information which is owned by or licensed to Us. This content includes, but is not limited to, the content, design, appearance and graphics. Reproduction is prohibited other than in accordance with copyright notice, which forms part of the Terms.
e) Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
f) If you disagree with any part of the Terms, please do not use Our website.
9. CUSTOMERS WITH DISABILITY
9.1 We fully comply with all laws in force regulating the treatment of, and provision for, Customers with any disability. If You have any special requirements pertaining to a disability, You should inform Us of such requirements before you arrive.
10. OUR COMMITMENT TO PROVIDE A SERVICE
10.1 We will endeavour to ensure that as many activities as possible are available for use by Participants at the Site. However, We reserve the right, without prior notice, to close and change the Activity and/or the Activity session hours.
10.2 We, in its absolute discretion, reserve the right to close the whole or any part of the Site at any time or to restrict the number of persons having access to the Site. The reason for any closure or restriction provided by this condition may include technical or operational reasons, capacity, inclement weather, special events or to ensure the safety and security of visitors or if We reasonably considers the circumstances so require.
10.3 For Passes purchased in advance, if the whole Activity is closed for any of the reasons set out above, We may offer replacement Passes for admission to the Activity on an alternative date in substitution for any other form of redress.
11. CUSTOMER BEHAVIOUR
11.1 Behaviour likely to cause annoyance to other guests or confusion of any kind is not permitted in any part of the Site, including but not limited to noise, dogs and language
11.2 All Participants are required to act responsibly and courteously at all times and to respect all other Participants. We have the right to prevent any person from undertaking or completing an Activity in the event whereby the behaviour is deemed to be unsuitable.
11.3 Smoking (including e-cigarettes) is strictly prohibited on site
11.4 Drugs are strictly forbidden on Site and Participant must not be under the influence of any drugs during an Activity.
11.5 No alcohol can be consumed before a Participant is due to undertake an Activity.
11.6 All activities and any other facilities located at the Site must only be used in accordance with the relevant operator’s instructions.
11.7 We, acting reasonably at all times, reserve the right, in its absolute discretion, to refuse admission to the Site, ban from entry to the Site, or remove from the Activity without any right to a refund, any person whose presence or behaviour may affect the enjoyment and/or safety of other customers or staff, or who:
a) acts in an inappropriate and/or undesirable manner whilst travelling to the Site whether by bus, coach or other means, where such behaviour has been reported to Us by a reliable independent source;
b) has been convicted of a criminal offence relating to Us, or civil unrest at Our Site/Activity;
c) uses violent, aggressive, threatening, abusive, discriminatory or insulting words or behaviour or in any way behaves in a manner which may provoke a breach of the peace;
d) climbs or stands upon fences, barriers, walls, safety fences, benches, or any other buildings at the Site, enters or attempts to enter any part of the Site which is a restricted or prohibited area as determined by Us including private/staff areas; or queue jumps at the activity or Site without an authorised fast access;
e) has displayed any sign or visible representation of any kind which is, or could be reasonably judged to be, threatening, abusive or insulting;
f) has previously acted in any manner which has caused any Site or person to report that individual to Us.
12. SPECIFIC ACTIVITIES
12.1 Fun Rides: We cannot guarantee the availability of the exact fun ride, but rest assured there are always amazing Fun Rides available.
12.2 Jet Ski Rental: Minimum age 16 to control the Jet Ski. For your own safety on the jet skis, we require a £100 cash deposit per person, which is refunded subject to the safety rules being adhered to and the Jet Ski remaining undamaged by reckless behaviour. We reserve the right to refuse admission or to remove you from this activity if we are concerned regarding your ability to control the craft. No refund will be issued.
12.3 Jet Ski Owners: Insurance documents must be shown before launching, covering the craft and all riders, you will not be able to launch if you are unable to provide these documents with no refund given. We reserve the right to request you leave the lake immediately if we are concerned regarding your ability to control the craft. No refund will be issued. All riders must hold the RYA PWC Certificate.
12.4 Flyboard: Minimum age 16.
12.5 Water-ski/Wakeboard: Beginners must complete the Beginners Package before booking an individual session.
12.6 Aqua Park: All Participants must attend a safety briefing prior to partaking in the session. Minimum age 6. Children between 6 & 11 must be accompanied by an adult ratio 1:3.
13.1 We recommend all jewellery and watches be removed for all activities and is essential on the Aqua Park. This includes all removable earrings. Tape must be used to cover any recent piercings.
13.2 No glasses or goggles to be worn during any activity. We do not recommend it, but prescription goggles can be worn if needed.
13.3 We are not responsible for any items lost in the lake.
14.1 Cameras and Go Pros are not allowed on the Aqua Park. They may be used at the
discretion of the instructor on other activities
15.1 Vehicles are parked at the owners’ risk. We take no responsibility for damage caused to any vehicle using the car park and no guarantee is given as to the security of customers’ vehicles in the car park or any contents.
15.2 An overflow carpark is located 500 yards south of the main entrance on Dengemarsh Road. When this is in use You must walk back to the main car park via Dengemarsh Road.
16. SECURITY & SAFETY
16.1 It is prohibited to bring into the Site any weapons, fireworks, smoke bombs, or other articles which may cause injury.
16.2 CCTV cameras are used on site. However, we do not make any representation as to the extent of coverage provided by the cameras.
16.3 All items, belongings and other property brought into the site by customers are at their own risk and we accept no liability for any loss or damage to such property.
17. FOOD & DRINK
17.1 Guests are able to bring and consume drinks and snacks on site.
17.2 Full picnics and BBQs are not allowed on site, and you will be asked to leave if you are believed to be having one.
18.1 Guests are permitted to take photographs and recordings at the Site, provided that these are solely for private use and are not sold or used for any commercial or public purpose.
18.2 By accepting these Terms, Guests agree not to intentionally photograph and/or capture video footage of any individual without that person’s permission.
19. LOST PROPERTY
19.1 All property coming into the possession of Action Watersports will be dealt with responsibly with due respect for owners’ rights and title. Property classified as found will, where possible, be reunited with its owner. Where the owner cannot be traced, We will dispose of it in accordance with these guidelines. We will not deprive others of their possessions, except in accordance with the law.
19.2 As a Guest you are expected to report any lost property, be it valuable or otherwise, to Us within a reasonable period of time from the date the item/s were lost. We will then exhaust all reasonable avenues in an attempt to locate the item/s and will contact the You with its findings.
19.3 Found property at the Site will be retained by Us for the maximum duration of 10 days, except when the items found are or include: electrical items (e.g. mobile phones, cameras), jewellery, wallets, bank cards, confidential documents, keys or any forms of identification. Any items that fall under these categories will be retained from the date found at the Site for a further 20 days after the standard 10 days. If any found property is not claimed by the owner within the allotted times as stated, and is not suitable for repatriation with the finder, it will be recycled or destroyed where appropriate.
19.4 The owner covers all costs for repatriation of lost property
20.1 Action Watersports accepts no responsibility for any loss and/or damage suffered by customers as a result of the customer’s failure to comply with these Terms or any event outside Our control (including any distress, inconvenience, anxiety or loss of enjoyment arising from the evacuation of the Site). This does not affect any customer’s statutory rights or any liability of Action Watersports which cannot be excluded by law.
24.2 Any typographical clerical or other error or omission in any Booking confirmation or other documentation issued by Us (including electronic documentation) shall be subject to correction without liability on the part of Us.
24.3 Nothing contained in these Terms is intended to nor shall limit liability of Us in respect of death or personal injury caused by negligence of Us or of Our staff, agents or contractors.
21. HOW WE MAY USE YOUR PERSONAL INFORMATION
21.2 We will use the personal information you provide to Us to:
a) provide the Activity;
b) process your payment for the Activity; and
c) in accordance with the Terms of the Booking.
21.3 We will not give Your personal data to any third party.
22.1 We are required by the Consumer Regulations to ensure that certain information is given or made available to You as a Consumer before we make Our contract with You (i.e. before We accept Your request to make a booking) except where that information is already apparent from the context of the transaction.
22.2 We have included the information itself in these Terms and Conditions for You to see now as required by the Regulations, and such information will be part of the terms of Our contract with You as a Consumer.
23.1 We always welcome feedback from our Customers and whilst We always use all reasonable endeavours to ensure that your experience as a Customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
23.2 If you have any complaint about the Site, Activity or any of Our staff, please raise the matter with Us. You may contact Us by email: firstname.lastname@example.org
24. CHANGES TO TERMS AND CONDITIONS
24.1 We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.