- Experience Booking Terms and Conditions
- Shopping Terms and Conditions
South Coast H2O Experience Booking Terms and Conditions
1. General Issues
a. These Booking Terms and Conditions apply to the booking of the South Coast H2O Cable wakeboarding, Stund Up Paddleboarding and Slacklining (the ‘Activities”) and any ancillary products and services at the location set out in South Coast H2O’s booking confirmation.
b. These Booking Terms and Conditions contain important information concerning participation by you and members of your party and, accordingly, you acknowledge and agree that you shall ensure that all members of your party are aware of and accept these Booking Terms and Conditions.
c. No variation to these Booking Terms and Conditions shall be binding unless agreed in writing by South Coast H2O.
d. Any typographical clerical or other error or omission in any booking confirmation or other documentation issued by South Coast H2O (including any electronic documentation) shall be subject to correction without any liability on the part of South Coast H2O.
e. South Coast H2O reserves the right to make changes to the Activities whether to conform with any
applicable safety or other statutory requirements or otherwise.
2. Booking Confirmation
a. No booking shall be deemed to have been accepted unless accepted in writing by South Coast H2O
(which shall include South Coast H2O’s email confirmation of booking).
c. You must advise South Coast H2O as soon as possible of any mistake in South Coast H2O’s booking
confirmation. South Coast H2O shall use its reasonable endeavours to ensure that you and your party’s participation commences at the time booked and it shall be the responsibility of each participant to ensure that they arrive in sufficient time. Late arrivals may not be permitted to undertake the Activities and no refunds or compensation will be payable in such circumstances.
a. The Activities comprise challenging activities and participation is not without risk that could be fatal. All participants will receive detailed safety training from an instructor.
b. South Coast H2O reserves the right to refuse admittance to the Activities or to remove a participant
from the Activities should it deem it necessary to do so. This includes a participant who does not comply with the safety rules and advice and the safety system or who is deemed to be under the influence of alcohol or drugs.
c. After the safety briefing participants will not be directly supervised by an instructor.
d. All participants must be reasonably fit and healthy, a minimum of 8 years old,
e. All participants are required to wear a safety helmet and impact vest
f. The Activities are physically demanding and require a degree of agility, strength and stamina. If participants are in any doubt as to whether they should attempt the Activities they are advised to view the activities before booking. If participants have medical concerns they are advised to consult their doctor in advance. Participants will be required to certify that they do not suffer from any medical condition which would make it more likely that they would be involved in any incident which could result in injury to themselves or others. Due to the physical nature of the Activities South Coast H2O recommends that pregnant women should not take part. Pregnant women who still wish to undertake the activities will be required to sign a disclaimer confirming that they are aware that there are risks to them and to their unborn
child and that participation in the Activities is at their own risk. (see Risk Acknowledgement and Disclaimer).
g. Participants need to be able to see similar distances to those required to drive a Consequently, short or long sighted participants must ensure that they wear contact lenses or prescribed glasses.
h. All participants are required to act responsibly and courteously at all times and to respect other participants and spectators. South Coast H2O shall be entitled to prevent any person from undertaking or completing the Activities in the event it deems the behaviour of any participant unsuitable.
i. Participants must be dressed appropriately (see clause 4) and South Coast H2O reserves the right to
refuse admittance to the Activities to any participant who is not appropriately dressed.
j. The Activities will remain open in most weather conditions (but not in circumstances of
gales, lightning, heavy ice or snow).
k. No refunds or compensation will be payable by South Coast H2O in the event that any participant is
not permitted to, or decides not to, undertake or complete the Activities for the reasons set
out in this clause.
a. It shall be the responsibility of all participants to ensure that they are dressed appropriately and South Coast H2O advises participants to wear clothing appropriate for the weather conditions wetsuits are available to hire.
b. South Coast H2O will not be responsible for any damage to or loss of clothing or other personal
items of persons resulting from participation in the Activities.
a. You shall be entitled to cancel your booking subject to South Coast H2O receiving your request for
cancellation at least 48 hours before the booked start time. Any requests for cancellation must be made by telephoning the booking line: 02393939253. You shall be entitled to a full refund in the event of cancellation under this clause.
b. South Coast H2O shall be entitled to cancel your booking at any time. In the event that South Coast H2O decides to cancel your booking it shall use its reasonable endeavours to notify you as soon as possible. You shall be entitled to a full refund in the event of cancellation under this clause but no other compensation shall be payable.
c. In the event that it proves necessary to close the Activities for reasons beyond the control of South Coast H2O and in circumstances where your party has commenced participation in the Activities, you shall not be entitled to any refund (in part or in whole). In such circumstances South Coast H2O may, but shall not be obliged to, offer alternative dates or times at reduced rates
6. Price and Payment
a. Subject to any terms agreed in writing between South Coast H2O and you, our charges shall be
calculated at our current rates and payment in full shall be due at the time of booking. The charges include the cost of purchasing the Activities. Payment may be made by debit or credit card either on line or by contacting the booking line: 02393939253
8. Refunds and Amendments
a. Payments made by debit or credit card will be refunded to the same card or, if the card has subsequently expired, by cheque. Payments made by Gift Voucher will be refunded by the issuing of a replacement Gift Voucher to the same value.
b. Where multiple forms of payment are used, South Coast H2O reserves the right to refund any monies due on a refund or amendment by credit or cheque.
a. Except as otherwise provided in these Booking Terms and Conditions South Coast H2O shall not be
responsible for the loss, or damage, of or to any property or to any person arising from the booking of or participation in the Activities.
b. Parking facilities are available at the site, and any vehicles are left at the owners’ risk and subject to any conditions and the payment of any fees as may be required by the provider of such facilities at the site location.
c. Except as otherwise provided in these Booking Terms and Conditions any liability of South Coast H2O
shall be limited to the refund of any charges paid to South Coast H2O.
d. Nothing contained in these Booking Terms and Conditions is intended to nor shall limit the liability of South Coast H2O in respect of death or personal injury caused by the negligence of South Coast H2O or of its employees, agents or contractors.
a. If any of these terms are determined to be illegal invalid or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable. b. Nothing above shall confer on any third party any benefit or the right to enforce any of these Booking Terms and Conditions.
c. These Booking Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales and South Coast H2O and you submit to the exclusive
South Coast H2O shopping Terms and Conditions
IMPORTANT LEGAL NOTICE
This page (together with the documents referred to on it) tells you the terms and conditions on which We sell any of the products (Products) listed on our website www.southcoastwakepark.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site.
You should print a copy of these terms and conditions for future reference.
Your attention is drawn to clause’s 9 and 11.
1. INFORMATION ABOUT US
1.1. www.southcoastwakepark.co.uk is a site operated by South Coast Wakeboarding Limited (“We”). We are registered in England and Wales under company number 07556092 and with our trading address Hilsea Lido, London Road, Hilsea, Portsmouth. Our email address is: email@example.com
2. SERVICE AVAILABILITY
2.1. We only accept orders from individuals in the UK, European Economic Area (“EEA“) (the “Serviced Countries“) USA, Canada, Australia, New Zealand and United Arab Emirates.
Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our delivery page.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1.1. You are legally capable of entering into binding contracts;
3.1.2. You are at least 18 years old; and,
3.1.3. You are resident in one of the Serviced Countries.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1. After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation“). The contract between us (“Contract“) will only be formed when We send you the Dispatch Confirmation.
4.2. We will not process your order until payment has been received in full in accordance with the provisions of clause 7.
4.3. If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our returns policy.
4.4. The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.5. We are entitled to refuse any order made by you for any reason.
4.6. When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
5. CONSUMER RIGHTS
5.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our returns policy.
6. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. PRICE AND PAYMENT
7.1. The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include UK VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
7.2. Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
7.3. Prices are subject to change without notice but changes will not affect orders which We have already accepted.
7.4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a miss-pricing.
7.6. Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT, MASTERCARD, SOLO, MAESTRO, ELECTRON and LASER CARD. We also accept payments via PAYPAL.
7.7. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
7.8. Only one promotion code can be used per order.
8. OUR REFUNDS POLICY
8.1. For details on refunds, please refer to our Returns Policy.
9. OUR LIABILITY
9.1. If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
9.1.1. make good any shortage or non-delivery or incorrect delivery; or
9.1.2. replace or repair any Products that are damaged or defective; or
9.1.3. refund to you the amount paid by you for the Products in question.
9.2. We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
9.3. Without prejudice to the foregoing, our total aggregate liability to you underand/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
9.4. Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
9.5. Nothing in this contract shall exclude or limit your statutory rights.
9.6. A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
10. INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
You agree to indemnify, defend and hold harmless South Coast Wakeboarding Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
12. IMPORT DUTY
12.1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at firstname.lastname@example.org We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event“).
16.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1. Strikes, lock-outs or other industrial action.
16.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5. Impossibility of the use of public or private telecommunications networks.
16.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
16.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1. If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
18.1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18.2. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
19. ENTIRE AGREEMENT
19.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which We may decide.
20.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.
22. AFTER-SALE SERVICE
22.1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to email@example.com
22.2. If you have any complaints these should be addressed in writing to South Coast Wakeboarding Ltd
We are committed to protecting and respecting the privacy of all visitors and users of this website.
We do not store credit card details nor do we share customer details with any 3rd parties
For the purpose of the Data Protection Act 1998 (the Act), the data controller is South Coast Wakeboarding Ltd. Our nominated representative for the purpose of the Act is Scott Sullivan, who can be contacted at firstname.lastname@example.org
WHAT PERSONAL INFORMATION DO WE COLLECT?
If you decide to make an order or book an experience with us, there is certain basic personal information that we will require from you in order to process your order (such as your name, delivery address, credit/debit card details, e-mail address and telephone number).
We may also collect the following data about you to help us improve our service to you:
- Information that you provide by filling in forms on our site. This includes information provided at the time of registering to use our site, subscribing to any service which we provide, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by a third party, and when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
We will only pass on your personal information to third parties if it is an essential part of trading with you (i.e. passing on your name and address to our carriers, or telephone number should there be a query with delivery). We will not rent or sell your name, address, email address, credit card details or any other personal information to any unrelated third party.
IP ADDRESSES AND COOKIES
We also use your Internet Protocol (IP) address. An IP address is a set of numbers, which is assigned to your computer during a browsing session. It is automatically logged by our servers and used to collect traffic data about visitors to our websites. We do not use your IP address to identify you personally.
We monitor customer traffic on an aggregate basis using cookies and code, which is embedded, in the site. This provides statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors screen settings and other general information. Wasabi Frog Limited uses this information to help improve the site and services to its users.
WHERE WE STORE YOUR PERSONAL DATA
We follow strict security procedures in the storage and disclosure of personal information to prevent unauthorised access or unlawful processing of your personal information. We keep your information confidential and store it on a secure server which is password protected and hidden behind a firewall.
We use secure socket layer software (SSL) to encrypt all of your personal information including your credit card number and your name and address. This technology prevents you from inadvertently revealing personal information using an insecure connection.
Southcoasth2o.co.uk can optionally save your credit or debit card details once your order has been processed, to make any future orders easier. However, for your security you will need to enter your card’s 3-digit security code for every transaction.
We recommend that you always close down your internet browser when you have finished shopping online especially if you use a shared PC. This will delete temporary cookies from any sites that you may have visited.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
WE WILL NEVER SEND AN EMAIL OR TELEPHONE YOU TO ASK FOR YOUR SECURITY INFORMATION OR LOG ON DETAILS.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site. Any transmission is at your own risk. Youaccept the inherent security risks of providing information and dealing on line over the internet. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. We will not be held responsible for any breach of security unless this is due to our negligence or wilful default.
USES MADE OF THE INFORMATION
We may use information held about you to:
- set up, manage your account and contact you about your account;
- ensure that content from our site is presented in the most effective manner for you and for your computer;
- provide you with, or permit third parties to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- carry out our obligations arising from any contracts entered into between you and us;
- allow you to participate in interactive features of our service, when you choose to do so; and,
- notify you about changes to our service.
MARKETING AND COMMUNICATIONS
You will have the opportunity to subscribe to other areas of the site. For instance you may wish to receive our newsletter or other marketing information (by E-Mail or Direct Mail) or enter competitions. In these circumstances we will ask for additional information, such as your age, occupation, style interests etc. This will help us to target our marketing in a way we feel would be of specific interest to you. We may from time to time send with your ordered products, inserts advertising the goods or services of unrelated third party companies. However, we do not pass on your personal data to these third party companies.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information:
- To any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985;
- If South Coast Wakeboarding Limited or substantially all of its assets are acquired by a third party in which case personal data held by it about its customers will be one of the transferred assets and, in which case, we may disclose your personal data to the prospective seller or buyer of such business or assets;
- to protect our customers and Southcoasth2o.co.uk from fraud and theft, we may pass on personal information that we obtain from making identity checks, together with account information to organisations including law enforcement agencies, involved in fraud prevention and detection and credit risk reduction;
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or,
Unless required to do so by law, we will not otherwise share, sell or distribute any of the personal information you provide to us without your consent.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. If you no longer wish to receive marketing information from us you have the option of ‘opting out’. Clear instructions on how to opt out of each area will be detailed specifically (for instance at the bottom of our e-newsletter you will have the option ‘To unsubscribe form our emails click here’). Alternatively, please let us know in writing.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please write to us at Hilsea Lido London Road, Portsmouth, Hampshire. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.