Please ensure that you read and understand these Terms & Conditions before you sign and submit your booking, as you will be bound by these Terms once the booking is confirmed.
1. BASIS OF SERVICE
1.1 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues, brochures or on our website, are issued or published solely to provide you with an approximate idea of the services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the services.
1.2 The booking is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
1.3 These Terms shall become binding on you and us when:
a) we issue you with written acceptance of a booking; or
b) we notify you that we are able to provide the service you are booking on the day, at which point you sign the ‘Release of liability’ form.
1.4 You may cancel a booking provided you notify us at least 48 hours before the services are due to be provided. If you cancel a booking in accordance with this clause, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the booking. If you cancel with less than 48 hours notice you will not be entitled to compensation. However, where the amendment or cancellation is due to weather conditions or circumstances outside our control we will credit your Wakesys account to the value of your booking so that you can re-book. Refunds may be requested if re-booking is not a viable option, however please note you must send an email request to firstname.lastname@example.org as refunds are processed manually, not within Wakesys.
1.5 We have the right to revise and amend these Terms & Conditions from time to time. You will be subject to our policies, regulations and terms in force at the time your booking is made, unless any change to those policies or these Terms & Conditions is required by law or government or regulatory authority in which case it will apply to your booking you have previously made that we have not yet fulfilled.
1.6 You confirm that you have read and understood the Terms & Conditions and that you can and will comply with them. Furthermore we reserve the right to cancel or amend the services at any time if we feel you cannot comply or are not complying with the Terms & Conditions, in our absolute discretion.
2. QUALITY OF SERVICES
2.1 Unless we are prevented from doing so, we will provide services which:
a) conform in all material respects with their description;
b) are carried out with reasonable care and skill;
c) are free from material defects in design, material and workmanship; and
d) comply with all applicable statutory and regulatory requirements for supplying the services in the UK.
2.2 You must provide us, in sufficient time, with any information and instructions relating to the services that is or are necessary to enable us to provide the services in accordance with these Terms & Conditions.
2.3 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the booking by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
2.4 We only supply the service for domestic and private use, and you agree not to use the service for any commercial purpose.
3. PROVISION OF SERVICES
3.1 We will supply the services to you from the date and or the period set out in the booking.
3.2 We will make every effort to complete the services on time but there may be delays due to circumstances beyond our control, please note we do not operate in thunder or lightening. In this case we will complete the services as soon as reasonably possible, or credit your Wakesys account to the value of your booking so that you can re-book.
3.3 We may have to suspend the service if we have to deal with technical problems, or to make improvements to the service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the services will belong to us absolutely.
4.2 You may not use the materials, documents or other items detailed in clause 5.1 for any commercial purpose.
5. PRICE AND PAYMENT
5.1 The price of the services will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your booking. Prices are liable to change at any time, but price changes will not affect bookings that we have confirmed in writing.
5.2 These prices include VAT. However if the rate of VAT changes between the date of the booking and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
5.3 The full price for the services shall be due at the time the booking is made.
5.4 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the services or any other outstanding booking until you have paid the outstanding amounts.
6. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms & Conditions that is caused by events outside our reasonable control.
You may not transfer any of your rights or obligations under these Terms & Conditions to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms & Conditions to another organisation, but this will not affect your rights under these Terms & Conditions.
8. DATA PROTECTION
We will only use the personal information you provide to us to provide the services, or to inform you about similar services which we provide, unless you indicate in Wakesys that you do not want to receive this information.
9. YOUR OBLIGATIONS
9.1 You understand and accept that:
a) In participating in watersports activities there is an element of danger and risk of injury to yourself, which risk you assume with full knowledge of the inherent dangers of cable pulled watersports, and in circumstances where you have been given an opportunity to make all enquiries regarding the particular hazards of which you may need to be aware. You therefore undertake all activities at your own risk, and agree not to hold Hannam Leisure Limited trading as Hannam’s Wake Hub and Cambridge Aqua Park, its agents, directors, employees, and any other personnel liable or otherwise responsible in the event of harm or injury caused in consequence of any failure on your part to take adequate care for the safety of yourself and/or others and by failing to comply with any of the obligations as set out herein.
b) The element of danger and risk of injury to yourself is increased if you use the floating features whilst cable wakeboarding, which additional risk you assume with full knowledge of the inherent dangers, and in circumstances where you have been given an opportunity to make all enquiries regarding the particular hazards of which you may need to be aware. You therefore undertake this additional activity at your own risk, and agree not to hold Hannam Leisure Limited trading as Hannam’s Wake Hub and Cambridge Aqua Park, its agents, directors, employees, and any other personnel liable or otherwise responsible in the event of harm or injury caused in consequence of any failure on your part to take adequate care for the safety of yourself and/or others and by failing to comply with any of the obligations as set out herein.
c) In participating in watersports activities that there is not only an element of danger and risk of injury to yourself but also to others and consequently you undertake to use the Company’s equipment and facilities and to conduct yourself while on the Company’s premises in a sensible and responsible manner and in compliance with all notices, instructions and directions as published or displayed and in compliance with any instructions given to you by any authorised personnel in the Company’s employment or control.
9.2 You confirm that:
a) You will not use the Company’s cable skiing facility without (a) having attended a first timer’s training session; and/or (b) meeting the Minimum Standard (as defined in Section 10.3 below);
b) You will not use the aqua park without having first attended a safety briefing;
c) You are in good state of health and free from any injury, medical condition, disease or illness which may be aggravated by participating in watersport activities or which may make it unsuitable for you to participate in such activities; and agree to notify staff of any illness or medical condition that we should be aware of; and
d) You are able to swim 25m unassisted and are confident in deep open water.
9.3 The minimum standard for Cable use without specific instruction is as follows:
a) The ability to demonstrate knowledge of the safety rules;
b) The ability to ride from the dock safely.
9.4 You will at all times:
a) Avoid using the facilities in a manner which might endanger yourself and/or other persons using the facilities.
b) Refrain from using the facilities under the influence of drugs and alcohol.
c) Refrain from using floating features i.e. ramps, sliders and kickers without receiving authorisation and instruction from a senior member of staff. Please be aware you will be asked to stop using the features if your riding is deemed unsafe in any way.
d) Wear a buoyancy aid whilst in the water, and a helmet if participating in cable activities.
e) Obey safety advice and signage and all instructions given to you by authorised personnel.
f) Treat the Company’s property and the facilities with respect and care at all times.
9.5 You acknowledge that the above are not intended to be an exhaustive list of safety rules. You also acknowledge that the Company may require you to leave the facilities without refund if you break any of your obligations and/or the Company’s safety rules and requirements and/or these Terms and Conditions.
9.6 You undertake to fully indemnify the Company, its directors, agents, employees and any other personnel against any claim brought by any third party for loss, damage, injury or death which has been caused by any action or omission of yours or any act or omission of any child of which you are the parent or guardian or any child whose supervision is wholly or partly your responsibility at the time of the relevant act or omission that would if they had agreed to the same with full capacity to do so amount to a breach of any of your obligations and/or the Company’s safety rules and requirements and/or these Terms and Conditions or which amounts to negligence or a wilful act or omission.
9.7 All children under 16 years of age must be accompanied by an adult when on the Company’s property. The adult must remain on the site for the duration of the child’s visit and must supervise them appropriately at all times.
9.8 You confirm that you fully understand that no child under the age of 6 years of age is allowed in the water at any time.
9.9 Occasionally a member of staff may take a distanced, group activity photo/video for publicity purposes, in this instance you agree to grant us permission to photograph, video and audio record you whilst on the premises or using the cable facilities. In addition you grant us the right to use and reproduce, for any purpose and without compensation, any photographs, digital or electronic images, audio recordings, movies or videos taken of yourself while at the premises. If we are running a media photoshoot where individuals will be easily recognisable, we will notify you beforehand and request express consent.
9.10 You understand that you need to arrive on site 30 minutes before a System 2.0 allotted time slot or your aqua park session, and that failure to do so will result in the time slot/session being lost without compensation.
9.11 You understand that you may be asked for proof of I.D at any age. You must be able to produce documents if necessary. Failure to do so can result in being refused to partake in activities.
9.12 Nothing in these Terms and Conditions is intended to avoid liability on the part of the Company for personal injury or death caused by the negligence or wilful act of any authorised person in the Company’s employment or control.
10.1 If any court or competent authority decides that any of the provisions in these Terms & Conditions are invalid, unlawful or unenforceable to any extent, such provisions will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
10.2 If we fail, at any time while these Terms & Conditions are in force, to insist that you perform any of your obligations under these Terms & Conditions, or if we do not exercise any of our rights or remedies under these Terms & Conditions, that will not mean that we have waived such rights or remedies and will not mean that you are regarded as having complied with the obligations in question. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms & Conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
10.3 A person to whom these Terms & Conditions do not apply shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
10.4 These Terms & Conditions shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.