Booking Terms and Conditions
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These Terms and Conditions constitute an agreement between ADV. (Delamere) Ltd, registered office 39 High Street, East Linton, EH40 3AA.(hereinafter called “Wild Shore”) and the Customer (hereinafter called the “Customer”) using the products or services of Wild Shore.
Contents:
Definitions
When might we have to postpone or amend your booking?
The Informed Consent Form
Reservations
Booking Options, Payments and Guarantee
Payment
Vouchers, Bundles and Postponed bookings
Amending or Cancelling your Booking
Prices Quoted
What's included in the price?
What isn't included?
Concession / discount requirements
Late Arrival
Photography, Videography and Audio Recordings
Children
Accessibility
Dogs
Alcohol and non-prescribed drugs
Insurance
Suitability for Purpose
Losses
Reserved Rights
Events outside of Our control
Complaints and Disputes
General Matters
Personal Data
1. Definitions
“Activity” or “Activities” – means any of our activities which we offer on
any of our Sites from time to time and includes, where applicable, single
or multiple activities
“Participant” – means a person who is booked to participate in any
Activity by virtue of a Booking.
“Booking” – means a booking made by you for any Activity.
“Designated Location” – means the location of the start of the relevant
Activity.
“Participating Adult” – means an adult who accompanies any child or
children and actively participates in an Activity. For the avoidance of
doubt, a Supervising Adult can also be a Participating Adult.
“Informed Consent Form” – means the acknowledgement of risk and
conditions of participation form which must be signed by or on behalf of
all Participants before taking part in an Activity.
“Operating Season” means the period March to October (approximately)
“Promotional Offers” means any special offers we may advertise or offer
from time to time in connection with any Activity.
“Site” – means the site on which an Activity takes place and “Sites” shall
mean all or (where the context requires) any of them.
“Supervising Adult” – means an adult or adults who accompany any
child or children to any of our Sites.
“Terms” – means these terms and conditions as amended by us from
time to time.
“Website” – means our websites https://www.wildshoredelamere.co.uk/
These Terms apply to any Booking.
These Terms constitute an agreement between ADV. (Delamere) Ltd
(company registration number SC616977) (“Wild Shore/us/we”) and the
person or firm who is making the Booking or participating in the Activity
or Activities (the “Customer/you”) and will apply to any Booking you
make (Agreement).
Our Terms include important information about our Activities.
If you or any Participant suffers from any pre-existing medical condition
you should contact us before booking to ensure it does not preclude you
from participating in any of our Activities. Failure to do so may mean you, or the relevant Participant, cannot take part and no refund would be
payable by us.
You acknowledge that you have read all these Terms and you agree to
make sure all Participants are aware of and have accepted these Terms.
Please note, by booking or participating in any of our Activities you
accept and agree to be bound by these Terms and this set out in the
Informed Consent Form. By entering into this Agreement you
acknowledge that you do not rely on any statement, representation,
assurance or warranty (whether made innocently or negligently) that is
not set out in these Terms or in the Informed Consent Form.
2. When might we have to postpone or amend your booking?
We are committed to ensuring your safety and complying with Health & Safety legislation. This means that there may be times where weather conditions mean some of our Activities are not safe to take part in. If, in our absolute discretion we decide to amend restrictions or delay Activities at any time on the day of the Booking, we will endeavour to post a notice on our Social Media Pages. In addition, we may also communicate any delays or cancellations to you via e-mail or mobile phone number provided during the booking process. Unfortunately, there may not always be sufficient time for this. If we do this, you can:
ask for a refund or
re-schedule your Booking within the current Operating Season; or
subject to availability (and in accordance with these Terms), change the Booking to another of our Activities within the current Operating Season up to the same value of your original Booking.
3. The Informed Consent Form.
Every Participant is required to sign an Informed Consent Form. If a Participant doesn’t sign an Informed Consent Form or doesn’t comply with any of the terms set out in the Informed Consent Form, it may result in that Participant being prohibited from taking part in the Activity concerned.
4. Reservations
We recommend you make advance reservations to avoid any disappointment. You can make these reservations through our Website or alternatively in person at reception or over the telephone.
5. Booking Options, Payments and Guarantee
If you book directly with us online, then we will ask for your credit or debit card details to complete the purchase and a booking confirmation email will be created and sent to you. Full payment will be debited and your account statement will identify the transaction as being with us.
If the Booking is made directly with us by any means other than online, credit or debit card details will be requested to complete and / or guarantee the reservation. Payment will be debited accordingly and your account statement will identify the transaction as being with us.
If you are not a consumer, you confirm you have authority to bind any business on whose behalf you are making a booking.
We do not store any payment processing details, however our payment partners may retain your details in line with their terms and conditions for the purposes of providing refunds and answering payment related queries. For further details of how payment details are processed, please contact our team at delamere@wildshore.co.uk and we will be able to direct you to the relevant processing partner.
6. Payment
Full payment must be made before you start your Activity.
7. Vouchers, Bundles and Postponed bookings
Vouchers bought directly from us are valid for 12 months from the date of purchase. They cannot be redeemed after those 12 months. Activities can be booked after the expiry date of the voucher as long as the voucher is redeemed by its expiry date.
In order to provide vouchers, it is necessary that we ask you for personal details. This is to allow us to generate and send vouchers. The data captured for this purpose may include but is not limited to Name, Address and Contact Details. This data will never be used for any reason other than processing your voucher order and will never be shared with a third party without your knowledge. Vouchers are not refundable and have no cash value. If an intended purchase is for a higher amount than the face value of the voucher(s), the difference can be made up with a card payment. If it is less, then change cannot be given.
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Postponed bookings will have 12 months from the date of postponement to be used. After 12 months the activity/booking will no longer be valid to use.
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Activity bundles will also only be valid for 12 months from the date of purchase.
8. Amending or Cancelling your Booking
Where possible a booking amendment will be accommodated. Please only attempt to call our reception during our opening hours. You can email your request to delamere@wildshore.co.uk
Postponing a booking can be given as an alternative to a refund. This allows the customer to use the booking at a later date. They will have 12 months to use the activity once it is postponed.
Individual bookings may be cancelled with full refund or amended up to 48 hours prior to the Activity. Cancellation requests received within 48 hours of your Activity will not qualify for a refund.
Large group and Private Hire bookings may be cancelled or amended with 14 days notice. In such circumstances you will be entitled to a full refund less any non-returnable deposit. If numbers are altered less than 2 weeks before then a group can only be credited/refunded for unused spaces IF the site is able to fill those spaces with other customer bookings.
9. Prices Quoted
Prices quoted will be current at the time of your Booking. The price agreed will not be subject to any change unless due to circumstances beyond our control. Such circumstances include (but are not limited to and by way of example only) civil riot, new legislation, regional or national emergency, war etc. Where such a price amendment is necessary you will be notified in writing. Should a price amendment be unacceptable to you the booking can be cancelled in accordance with Condition 8 above.
10. What is included in the price of Activities?
The price will include the Activity, kit hire, all necessary safety equipment and VAT.
11. What isn’t included?
The price doesn’t include personal insurance, snacks, lunch, beverages, gratuities, and any other items not specifically mentioned as being included.
12. Late Arrival
You are expected to arrive early for your session, in line with the requirements of the particular Activity. These are detailed in your booking confirmation email. Please take time to read it.
13. Photography, Videography and Audio Recordings
During your visit, your image or voice may be captured by either our own devices or those of our partners. By visiting our Site, you accept that you may be filmed either for the production of stills or video. These images may be used for promotional and similar purposes.
In the case of children under the age of 16, you accept and consent by making the Booking that still or video images of children will be taken during the reprography process.
Many of our visitors will also be capturing video and photographs whilst on site. By attending our site, you understand and accept that we are not responsible for the use of any images of you that may be captured in this way.
14. Children
Full legal responsibility for any child or children in your group lies with the Supervising Adult. The Supervising Adult is the person who signs the Informed Consent Form on behalf of the child/children. The Supervising Adult may delegate responsibility for a child or children during our Activities to another responsible adult providing they are made known to our reception staff on check in. Full legal responsibility remains in such circumstances with the Supervising Adult.
15. Accessibility
We will try where possible to work with Participants with disabilities to ensure they get the most out of their Activity. That said we work in a busy environment and advance notice is essential in respect of pre-existing medical conditions so that we can, where necessary, divert staffing resources to assist in making the session safe for both the Participant and others. We reserve the right to decline participation in any Activity on any of our Sites on the basis of a pre-existing medical condition which should be disclosed to us at the time of the Booking.
16. Dogs
All our sites are dog friendly. However, dogs must at all times remain under the control of the owner or person accompanying them. You must ensure they are not left to roam uncontrolled and are responsible for clearing up any mess they may leave behind. If any of our operatives or employees in their absolute discretion direct that pet animals must be removed from the any of our Sites then you must comply with this request which may be made on the basis of lack of control, animal welfare or hygiene.
17. Alcohol and non-prescribed drugs
The consumption and use of alcohol and non-prescribed drugs is strictly prohibited on all our Sites at all times. We reserve the right to refuse admission to any person who is considered to be under the influence of alcohol or non-prescribed drugs. Smoking is not permitted at any time in or around any of our buildings or when our equipment is being used.
18. Insurance
ADV. (Delamere) Ltd has appropriate public and employer liability insurance. Personal insurance against injury, theft, loss or any other event is not included, and you must arrange for such cover, if required, to be in place.
19. Suitability for purpose
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Activities. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Activities are suitable for your purposes.
20. Losses
Wild Shore is not responsible for and accepts no liability for any loss or damage caused to any vehicle belonging to you or any member of your party or to the contents therein when the vehicle is parked on any of our Sites.
If you or any Participant deposits personal possessions, items of clothing or any other property with an employee or a third party on any of our Sites then they do so at their own risk and Wild Shore will not be responsible for any loss or damage to these items however caused. As you will be participating in physical activity, we can not accept liability for any damage to any items of clothing, footwear etc.
21. Reserved Rights
Cancellation:
Wild Shore reserves the right to cancel bookings. Reasons for cancellation may include, but without limitation:
Violent, racist or verbal abuse towards any person on any of our Sites;
Failure to comply with the laws of Scotland;
Refusal or failure to complete the Informed Consent Form;
Refusal or failure to provide suitable evidence of ability to partake in any Activity;
Refusal or failure to pay the correct fee for an Activity;
Refusal to supply medical evidence or suitability to partake in an Activity;
In the event of cancellation or postponement of an Activity by Wild Shore the provisions relating to cancellation and amendment which are available to the Customer under the provisions of Condition 8 will not apply to cancellation or amendment by Wild Shore in the circumstances envisaged by this Condition.
Provisional Bookings:
Wild Shore reserves the right to re-allocate an unsecured Booking at any time.
Changes to Site and/ or park layout:
We reserve the right to change the layout of all aspect of the Site, Aqua park or Aqua Chimp at our absolute discretion. We may also close certain equipment at certain times or remove it from the site. This may mean that certain Aqua Park/Chimp items or wake park obstacles are moved, replaced or taken out of commission at any particular time. This may involve the closure or movement of multiple items. This would normally be for reasons of safety or repair but could be for any other reason or indeed for no reason.
Changes to These Terms:
We reserve the right to make alterations or changes to these Terms at any time ensuring that the Customers of existing bookings will receive the latest copy of the Terms prior to participating in an Activity. Should the revised Terms be unacceptable to a Customer who has pre-booked the booking may be cancelled without penalty or administration charge.
22. Events outside of Our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Condition 25(b).
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
we will contact you as soon as reasonably possible to notify you; and
our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
23. Complaints and Disputes
Any disputes or complaints must be brought to the attention of Wild Shore in writing within fourteen (14) days from the occurrence which gave rise to the complaint / dispute. On receipt Wild Shore will respond within 14 days in writing/email. Wild Shore will endeavour to investigate and resolve such a dispute or complaint without involving third parties. In the event of a complaint or dispute not being satisfactorily resolved both Wild Shore and the Customer hereby agree that the dispute will be settled and determined by arbitration pursuant to the laws of England and Wales under the provision of the Arbitration Act of 1996.
24. General Matters
We may transfer our rights and obligations under an Agreement to another organisation, but this will not affect your rights or our obligations under these Terms.
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the Conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Conditions will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Terms are governed by the law of Scotland. This means an Agreement for a purchase of through our site and any dispute or claim arising out of or in connection with it will be governed in accordance with the law of Scotland. You and we both agree that the courts of Scotland will have exclusive jurisdiction.
If you are a business, an Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
If you are a business, we both irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with an Agreement or its subject matter or formation (including non-contractual disputes or claims).
25. Personal Data
In order to provide our Activities, we collect data about individuals, usually within a business context. We treat all data which identifies an individual or when combined with any other information can identify an individual as personal data.
Unless otherwise stated at the time of collection, we will be defined as the ‘Controller’ of the personal data you provide to us. This means that we control what happens to and what is done with this data that is in our possession.
We collect various personal data which may include but is not limited to name, address, email, phone number, age, vehicle registration, IP address, medical conditions and allergies along with any other information relevant to your booking. We will never collect any data from you that is not required to provide your adventure or for a legal obligation. It may also be necessary to collect additional details from you should an accident occur whilst on site. These details will be retained in line with our obligations under UK law and our insurances. The required retention periods for this data varies depending on the individual as below;
Details of incidents involving minors may need to be retained for up to three years following their 18th birthday.
Details of incidents involving adults will be retained for no longer than 6 years following the incident.
We will endeavour to provide details of any processing including any third parties that may have access to your data and the location of the processing whenever we ask you to provide information.
Personal data that we process directly is typically managed through our relationship management system which is located in the UK and all data may be accessible to our system support partner, Fusemetrix. In addition, we use third-party software to help manage our records and stay in touch. Details of this software will be given where appropriate when we collect information from you. Should you have any questions about how we handle your data or wish to update any information that we hold about you, please get in touch via email to zak@wildshore.co.uk