Terms & Conditions
WHITECAP LEISURE LIMITED – WILLEN LAKE GENERAL BOOKING TERMS AND CONDITIONS
Definitions
References in these terms and conditions to ‘you’ and ‘your’ shall mean the person who makes a booking with us to attend one of our activities run at or from Willen Lake. Where the person participating in the course is not the person making the booking then references to ‘you’ and ‘your’ shall also include the participant where the context permits this.
References in these terms and conditions to ‘we’, ‘us’, ‘our’ and Whitecap Leisure Limited means Whitecap Leisure Limited (company number 03979736) whose registered office is at Campbell Park Pavilion, Silbury Boulevard, Milton Keynes, Buckinghamshire MK9 4AD.
These terms and conditions apply to bookings made through our website and for bookings made via telephone or in person which are not considered ‘school or group’ bookings.. If you are a ‘school’ or ‘group’ wishing to make a booking, our ‘Schools and Groups Booking Terms and Conditions’ will apply. A copy of the ‘Schools and Groups Booking Terms and Conditions’ are available upon request from our Bookings Manager.
The ex
If you are unsure whether your booking qualifies as a ‘school or group’ booking, please contact us.
Price and Payment
All courses must be paid in full at the time of booking. Any discount due must be claimed at the time of booking.
Cancellation, Failure to Attend and Exclusion
Whilst we try to ensure that all courses proceed on the date specified, there may be occasions, beyond our control, when this will not be possible and we reserve the right to cancel a course in those circumstances. Examples of such circumstances are as follows:-
· A course instructor is unavailable for reasons of sickness or otherwise;
· Viable participant numbers are not achieved for that course or date;
· Circumstances arise that are outside of our control, e.g. adverse weather, floods, fire, etc.
In such circumstances, you will be notified as soon as reasonably practicable and an alternative date will be offered to you. If there are no alternatives dates convenient for you, we shall refund the amount you have paid for that course in full. We will not be liable for any other expenditure or costs incurred by you in the event of such cancellation and you are advised to take out your own cancellation insurance to cover such eventuality.
You may cancel your attendance on a course by notifying us by email to the following email address: enquiries@willenlake.org.uk
If you notify us that you would like to cancel your attendance on the course more than 7 days prior to the course date you will receive a full refund of the amount you have paid for that course. If you notify us less than 7 days prior to the course date but at least 24 hours prior to the time on which the course is scheduled to start you will receive a full refund of the amount you have paid less an administration fee of 20%. If you notify us less than 24 hours prior to the time on which the course is scheduled to start or fail to attend for the course then any refund shall be in our discretion.
Where a course is scheduled to take place over two or more sessions then for the purposes of the preceding paragraph the start time of that course shall be construed as the time on which the first session is scheduled to commence.
Should you fail to attend the first session of a course then you shall not be permitted to attend the remaining sessions unless we, in our discretion, otherwise agree. If we do permit you to attend subsequent sessions you will not be entitled to any refund for the missed session.
We shall be entitled to exclude you from taking part in courses (even after the course has commenced) where we deem it reasonable to do so. Examples of circumstances where we may deem it appropriate to exclude a person from a course are as follows:
· inappropriate behaviour;
· intoxication;
· possession of controlled substances;
· failure or inability to follow reasonable instructions (including but not limited to safety instructions and regulations whether given verbally or in writing);
· where in our opinion you unable to safely take part in that course for medical reasons or because of any disability or physical impairment or weakness, or any mental impairment.
If you are excluded from a course for any reason then any refund shall be in our discretion and dependent on the reasons for exclusion.
Medical Declaration and Consent Forms
All participants must be physically fit and capable of participating in the course being booked. Should you have any concerns whether you are capable of participating in the course then we advise you to speak to one of our course managers who can explain what the course will involve. If you still have any concerns whether you are capable of participating in the course you should check with your doctor before booking.
If at the time you book onto a course you have any known disability this should be disclosed to us so that we can consider whether you would be capable of taking part in that course and what, if any, reasonable adjustments can be made to the way in which the course is run in order to accommodate your disability We may also require confirmation from third parties (e.g. doctors, carers ) that you are able to safely participate in a course.
Upon attending the your course (or the first session of your course where it involves two or more sessions) you will be required to complete a medical declaration and consent form requiring you to disclose all known disabilities, physical impairments or medication that you are currently taking. Parents or guardians of participant who are under 18 years of age will be required to complete a similar form on behalf of the participant. A copy of such form is sent out with the booking confirmation. Failure to complete this form prior to the start of the course will result in you (or the participant concerned) being refused admission to the course.
We reserve the right to refuse any booking on medical grounds if we consider it to be detrimental to the safety and smooth running of the course or the safety of the other participants on the course.
Participants under 16
Participants under the age of 16 are required to be accompanied by a parent/guardian for the duration of their activity, except for kids’ clubs where they must be signed in and out by their parent/guardian at the start and end of the session.
Safety
Participating in any sport or other physical activity carries an inherent risk of injury. In particular participating in water-based sport or activity carries an inherent risk of drowning. To minimise such risks you must comply with all safety regulations and instructions including using appropriate equipment.
Equipment
All equipment required to participate in an activity will be provided by us. This includes suitable buoyancy aids or life jackets. Participants owning their own equipment are welcome to use such equipment, subject to the suitability of the equipment and subject to holding appropriate 3rd party insurance providing cover against injury caused to others and damage caused to property or equipment belonging to us or to others. A copy of such insurance policy must be provided at the time of booking to attend a course or event or to take part in any activity at Willen Lake (including the surrounding land).
We reserve the right to require you to use our equipment where we deem your equipment to be unsafe or unsuitable. We shall not however be responsible for checking that your equipment is suitable and safe to use and notwithstanding that we or any of our staff may have inspected the same you shall remain responsible for determining whether it is suitable and safe.
Where taking part in water-based activities participants should bring a complete change of clothes, swimwear, a towel, and shoes they’re happy to get wet.
Photographs
We may require photographs and videos to be taken of course participants for marketing and training purposes. Participants (or their parents/legal guardians if the participant is less than 18 years of age) agree to photos and video being taken for these purposes.
Data Protection
We will only use the information we collect about you in accordance with our privacy policy a copy of which can be found by following the link below:
[add link to privacy policyhttps://www.willenlake.org.uk/information/privacy-policy/ ]
Right to Alter
We reserve the right to alter these conditions at any time by giving you prior written notice.
EXCLUSION OF LIABILITY
By booking attendance on an activity you are deemed to acknowledge and understand that all sporting activities (but in particular water based activities) involve some inherent risks and danger and that it is impossible to entirely exclude those risks and dangers. Whilst we will endeavour to make your participation on our courses as safe as possible Whitecap Leisure Limited and its staff and agents (including any independent coaches that Whitecap Leisure Limited may engage to deliver the course) accept no responsibility or liability for the death of or any injury to persons, or loss or damage to property (including personal possessions) suffered by any participant whilst taking part in any of our courses or participating in any other activities organised by us at Willen Lake, save where this can be shown to have been caused directly by the negligence of Whitecap Leisure Limited and/or its staff and agents.