Terms and Conditions for watersports sessions offered by Surfdock Marketing Ltd in association with Wakedock Ltd., both Grand Canal Dockyard, Ringsend, Dublin 4 referred to below as ‘the companies’. If you have any questions about these terms and conditions, please contact us on 01-6683945 or via email to firstname.lastname@example.org
Wakedock Ltd. and Surfdock Marketing Ltd.: (“the companies”)
Customers: Any person (or parent/guardian if under 18) who is in attendance and/or participating in an activity organised by the companies
Activities: Including but not limited to Wakeboarding/ Ringo Rides/ Paddleboarding/ Sailing/ SUP Yoga/ Windsurfing/ Kayaking/ Dragonboating/ Boat Transfers
By submitting a booking the customer represents to us that they have the authority to make the booking for themselves, their child or on behalf of a group and that they accept that the booking is subject to these Terms and Conditions. A contract exists as soon as the booking is confirmed, either via email or through our Online Booking Service Provider. Customers should check the details of their booking carefully and promptly to ensure that it accurately reflects the arrangement they have requested. They should immediately inform us of any discrepancies.
If customers are under 18, we will require their parent’s/guardian’s consent prior to them participating in any of our activities.
All session prices are subject to change. In order to secure a booking the full amount is due at the time of booking, with the exception of our group sessions for 10 people or more, a deposit of 50% is made to secure the booking: the balance has to be paid in full before the lesson commences. Payment of the full amount at the time of booking is required where the customer wants to avail of a discount. The full amount includes the fee for all participants included in the booking. There is no discount available if the booking is only secured with a deposit or if the full amount due for all participants is not paid.
The companies reserve the right to cancel any booking without prior notice if full payment has not been made in accordance with these conditions.
All cancellations made by the customer must be made in writing and submitted via email or post. In the event of a cancellation more than 7 days (14 days for group sessions with 24 or more participants) before a session commences, we will refund the amount paid to date. In the event of cancellations less than 7 days before a lesson commences, the amount paid to date is forfeited. Non-attendance will result in the entire amount paid to date to be forfeited. For group bookings the final number of participants can be changed up to 7 days (14 days for group sessions with 24 or more participants) before the session starts (minimum numbers apply and prices may change if the number of participants changes) – this is the number of people that the customer will be charged for. The companies reserve the right to cancel or reschedule a session at any time without any prior notice where we believe it is necessary due to unsuitable conditions. Rescheduling a session, for example due to weather, is not a cancellation. If a session has to be cancelled by the companies, customers have the option to book into another session or to get a full refund.
Health & Safety: Safety is of great importance at all times. Watersports Activities can be hazardous and customers (if under the age of 18 their parents/guardians) must accept that there are risks when practising the above mentioned sports. Customers must comply with all safety and general instructions given by the companies and their staff. When participating in a session, customers must be in general good health and must satisfy themselves that the activities are within their abilities. When booking with the companies, customers (if under the age of 18 their parents/guardians) must make a true and accurate declaration of their health and must make the companies aware of any medical conditions they have. The companies reserve the right to refuse a booking on medical grounds.
Medical Attention: A Health Declaration must be signed in advance by all customers (see end of form). The customer will permit for basic First Aid to be administered by a qualified member of staff or by a qualified medical practitioner and in case of a medical emergency for a medical practitioner to provide emergency treatment and/or medication.
Activities /Group Structure: The nature of the activities are weather dependent and therefore are subject to change. The companies reserve the right to adjust schedules and activities accordingly.
Unruly Behaviour: Customers are required to be considerate towards others and to adhere to the companies’ noise management policy. If the customer or any member of their party is behaving in such a way as to cause danger, upset or distress to any third party or damage to property, the companies reserve the right either for the safety of staff or other participants to remove the person from the activity if necessary. No refunds will be given and the customers are liable for any damage caused. The consumption of alcohol or drugs/illegal substances on the companies’ premises is strictly prohibited. Parents/guardians are liable for their children.
Insurance: The companies have public liability and employers liability insurance. A copy of any of the policies are available upon request by any customer.
Intellectual Property : The copyright and all other intellectual property rights in the products and services shown in the companies’ brochures, website and other materials shall at all times remain the property of the companies.
Photographs: The companies occasionally take photographs and/or video during sessions, which may appear on the companies’ brochures, websites and other marketing materials including online. If a customer does not wish to be photographed this should be raised with the companies in writing before the session commences.
Membership of the Irish Waterski and Wakeboard Federation: By making a booking the customer (if under the age of 18 their parents/guardians) accepts that they (and all members of their group) that participate in wakeboarding will become day members of the Irish Waterski and Wakeboard Federation on the day of their session at no extra cost. Anonymised statistical information will be provided to the Federation.
Data Protection: Personal information requested by the companies is held in its original form and on computer. The companies are the data controllers for the purposes of the Data Protection Act 1988 and will process the data in accordance with the act.
Applicable Law: The contract and any dispute or claim arising out of it or in connection with it shall be governed by and construed in accordance with the Irish law. The customer irrevocably agrees that any dispute that arises shall be dealt with under the exclusive jurisdiction of the courts of The Republic of Ireland.
Understanding of Terms and Conditions: The companies’ acceptance of any booking will only be done subject to the customer’s acceptance of these conditions and the Terms and Conditions on the companies’ websites. Payment and/or a consent signature of the customer (parent/guardian if under 18) will be regarded as evidence of acceptance of and consent to these conditions.
I give consent for my child/ren to participate in the ‘activities’ as defined. I acknowledge and accept that the Activity is dangerous and that by participating in the Activity I and the child(ren) are exposed to the possibility of personal injury and/or death and/or property damage and I accept this risk on my behalf and on behalf of the child(ren).
In the event of an accident involving myself and/or my child(ren), I acknowledge and accept that “the companies” will not be liable for any direct or indirect loss, damage or injury arising from or in connection with my and/or the child(ren)’s participation in the “activities” and I hereby waive all and any claims against “the companies” in this respect and in respect of myself and the child(ren).
I hereby release, waive, forever hold harmless, indemnify and keep indemnified “the companies” from all claims for any injury, loss or damage sustained by me and/or the child(ren) arising from or in connection with the “activities” and
I hereby indemnify “the companies” against all claims made by any other person against “the companies” in respect of any injury, loss or damage arising out of or in connection with my failure and/ or the failure of the child(ren) to follow safety instructions and/or directions of “the companies” their servants or agents its management and/or staff.
I acknowledge and accept that this waiver may be pleaded as a bar to any action or proceedings taken by me and/ or my child(ren) at any time against “the companies” arising out of or in connection with my and/or the child(ren)’s participation in the “activities”.
Health Declaration: I hereby declare that I or my child is fit to participate in the activities run by the companies. Bookings are accepted by the companies on the basis that all details provided by the customers are accurate and true